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Republic of the Philippines DEPARTMENT OF TRANSPORTATION-METRO RAIL TRANSIT 3 DOTr-MRT3 NEGOTIATED PROCUREMENT FOR URGENT REQUIREMENTS FOR STRUCTURAL TESTING, TOPOGRAPHIC SURVEY AND MONITORING PLAN FOR MRT3 STRUCTURES

NEGOTIATED PROCUREMENT FOR URGENT ......The DOTr-MTP, through the MTP Bids and Awards Committee-MRT3 - Negotiating Team, shall undertake the Negotiated Procurement for the Urgent Requirements

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Page 1: NEGOTIATED PROCUREMENT FOR URGENT ......The DOTr-MTP, through the MTP Bids and Awards Committee-MRT3 - Negotiating Team, shall undertake the Negotiated Procurement for the Urgent Requirements

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Republic of the Philippines DEPARTMENT OF TRANSPORTATION-METRO RAIL TRANSIT 3 DOTr-MRT3

NEGOTIATED PROCUREMENT FOR

URGENT REQUIREMENTS FOR STRUCTURAL TESTING,

TOPOGRAPHIC SURVEY AND MONITORING PLAN FOR MRT3

STRUCTURES

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SECTION A.

INVITATION TO OFFERORS

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16 April 2019 The Authorized Representative ____________________________ ____________________________ ____________________________ Sir/Madam: The DOTr-MRT3-MTP, through the MTP Bids and Awards Committee-Negotiating Team, shall undertake the Negotiated Procurement for the Urgent Requirements for Structural Testing, Topographic Survey and Monitoring Plan for MRT3 Structures with an Approved Budget for the Contract (ABC) of Sixty-Four Million, Nine Hundred Fifty-Five Thousand, Seven Hundred Two & 64/100 Pesos (Php64,955,702.64) only. In this regard, we are pleased to invite your company through your duly authorized representative to submit your offers on or before 24 April 2019 at 10:00 AM at MRT3 Conference Room, MRT3 Depot, EDSA corner North Avenue, Brgy. Bagong Pag-asa, Quezon City. Please find attached the Negotiation Documents for the above-mentioned project. For further information, please do not hesitate to contact Ms. Eleanor G. Naidas at Telephone No. 926-6608. You may likewise send your written queries at DOTr-MRT3-MTP Bids and Awards Committee’s email [email protected] or office address MRT3 Depot, EDSA corner North Avenue, Brgy. Bagong Pag-asa, Quezon City. Thank you and we look forward to your participation in the negotiations for the above-mentioned project. By Authority of the Bids and Awards Committee: JER B. SAMSON Chairman, DOTr-MRT3-MTP BAC

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SECTION B.

INSTRUCTIONS TO OFFERORS

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NEGOTIATED PROCUREMENT FOR URGENT REQUIREMENTS FOR STRUCTURAL TESTING, TOPOGRAPHIC SURVEY AND MONITORING

PLAN FOR MRT3 STRUCTURES

1. SCOPE OF PROPOSAL

The Department of Transportation- Metro Rail Transit 3 (DOTr-MRT3) (Procuring Entity) wishes to receive offers for structural testing, topographic survey and monitoring plan for MRT3 structures as described in the Conditions of Contract and Scope of work.

2. SOURCE OF FUND

The Source of Fund for this procurement is CY 2019 NEP, subject to the approval of the CY 2019 General Appropriations Act (GAA) in the amount of Sixty-Four Million, Nine Hundred Fifty-Five Thousand, Seven Hundred Two & 64/100 Pesos (Php64,955,702.64).

3. NO REQUIREMENT FOR A BID SECURITY An Offeror is not required to submit a Bid Security upon submission of

its proposals.

4. POSTING Posting of Negotiation Documents shall be a DOTr-MRT3 website.

5. ELIGIBILITY

5.1 The invited Offerors shall be eligible to participate in the negotiations if it is in any of the following:

5.1.1 Duly licensed Filipino citizens/sole proprietorships;

5.1.2 Partnerships duly organized under the laws of the Philippines and of which at least sixty percent (60%) of the interest belongs to citizens of the Philippines;

5.1.3 Corporations duly organized under the laws of the Philippines,

and of which at least sixty percent (60%) of the outstanding capital stock belongs to citizens of the Philippines; Cooperatives duly organized under the laws of the Philippines, and of which at least sixty percent (60%) of the interest belongs to citizens of the Philippines, and

5.1.4 Persons/entities forming themselves into a JV, i.e., a group of

two (2) or more persons/entities that intend to be jointly and severally responsible or liable for a particular contract.

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Provided, however, that a Filipino ownership or interest of the joint venture concerned shall be at least sixty percent (60%).

5.2 Foreign Offerors may participate under any of the following

circumstances:

5.2.1 When the Offeror is a citizen, corporation or association of a country the laws or regulations of which grant reciprocal rights or privileges to citizens, corporations or associations of the Philippines, irrespective of the availability of goods from local suppliers; or 5.2.2 When provided for under any treaty or international or executive agreement.

6. DOCUMENTS COMPRISING THE PROPOSAL

6.1. The following Documentary Requirements (1 set original or certified true copy wherever applicable and two (2) copies of the same) shall be submitted on or before the issuance of Notice of Award (NOA).

6.1.1 Valid PhilGeps Registration; 6.1.2 Mayor’s/Business Permit for CY 2019; 6.1.3 Annual Income Tax Return (or equivalent document in the case

of foreign Offerors) for CY 2017 or, if available, CY 2018 and Quarterly Business Tax Returns (Quarterly ITR) for the 2nd and 3rd Quarters of CY 2018, filed thru Electronic Filing and Payment System;

6.1.4 Audited Financial Statement (or equivalent document in the

case of foreign Offerors) for CY 2017 or, if available, CY 2018, stamped received by the Bureau of Internal Revenue (or pertinent foreign agency in the case of foreign Offerors) or any of its authorized receiving agents;

6.1.5 Omnibus Sworn Statement (please see attached form) with

proof of authorization, such as duly notarized Secretary’s Certificate, Board/Partnership Resolution, or Special Power of Attorney, authorizing the representative to transact, negotiate, execute, and sign all documents in behalf of the corporation/entity pertaining to the procurement of the project;

6.1.6 If applicable, a valid Joint Venture Agreement (JVA), in case the

joint venture is already in existence.

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In the absence of a JVA, duly notarized statements from all potential joint venture partners should be included in the submission, stating that they will enter into and abide by the provisions of the JVA in the event that the bid is successful. The lead joint venture partner, as named in the JVA, shall submit its PhilGEPS Registration. Items 6.1.1 to 6.1.4 shall be submitted by each partner in the joint venture.

6.2. The following Technical Documents (1 set original and 2 set copies,

all in sealed envelopes) shall be submitted during the scheduled submission of offers.

6.2.1 Statement of the Offeror’s Single Largest Completed Contracts (SLCC; please see attached form). The SLCC shall at least be equal to 50% of the ABC. For purposes of this procurement, similar project shall refer to any of the following:

• Structural testing; • Structural design; • Topographic survey; • Monitoring plan for structures.

6.2.2 Organizational Structure for this project with complete description and narrative that is intended to be utilized for the contract. 6.2.3 Curriculum Vitae (CV) of the Key Personnel:

6.2.3.1. One (1) qualified Project Manager with ten (10) years minimum experience, who will be in charge of the complete works on both technical and administrative aspects and coordinate the works. He shall be the Contractor’s representative for the whole project duration. 6.2.3.2. Two (2) Technicians on worksite, each with five (5) years minimum experience, who, in behalf of the Contractor, shall:

Ensure that works are in compliance with applicable laws and

DOTr-MRT3 requirements; Ensure that works are in compliance with work time schedule

in order to achieve completion date; Manage stocks and supply of consumables, fuel, construction

materials, food, PPE on worksite, in order to ensure accomplishment of the works;

Provide daily reports to the Project Manager;

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Conduct site visits with DOTr-MRT3 representative/s; and All other relevant tasks that the Project Manager may assign

from time to time.

All key personnel must be able to communicate in oral and written English.

6.2.4 CVs of other personnel to be provided by the Offeror as reflected in the above Organizational Structure; 6.2.5 List of equipment to be used in the rendition of the services required; 6.2.6 Schedule of Activities in a Gantt Chart or its equivalent; 6.2.7 Project Safety Plan but not limited to Health Safety Security Environment concerns.

6.3. The Financial Proposal/Quotation (1 set original and 2 sets copy,

all in sealed envelopes) shall be submitted during the scheduled submission of offers.

The financial proposal/Quotation shall not exceed the Approved Budget for the Contract (ABC) and

In case of foreign bidders, all documents to be submitted to the BAC must either be in English or, accompanied by an official English translation, as certified by government agency concerned or a duly accredited official translator in the foreign offeror’s country. They shall further be authenticated by the appropriate Philippine foreign service establishment/post or the equivalent office having jurisdiction over the foreign bidder’s affairs in the Philippines.

7. SUBMISSION AND OPENING OF OFFERS

Submissions shall be on or before 10:00 AM, 24 April 2019 thru the MTP BAC Secretariat, Finance & Comptrollership Division MRT3 Depot EDSA cor North Ave, Brgy Bagong Pag-asa, Quezon City at (632) 929 5347 local 4407. Opening of offers/proposals shall follow immediately thereafter. By submitting an offer/proposal, the Offeror is deemed to have adhered and conformed with the herein attached scope of works, conditions of the contract and its attached annexes.

8. CONTRACT DURATION The duration of the whole contract will be fourteen (14) months from the receipt of Notice to Proceed.

9. OPENING AND EVALUATION OF PROPOSAL

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9.1 The BAC shall open simultaneously the envelope containing the Technical Submission and envelope containing the Financial Offer and proceed with the rating as discussed below.

9.2 The Financial Offer/Proposal exceeding the ABC shall be disqualified

outright. 9.3 The submission will be rated as follows:

SUBMISSION WEIGHT Technical 60% Financial 40% TOTAL 100%

9.4 The criteria for evaluation for each of the above category:

Technical

Criteria Maximum

Points 1. Experience of the Firm

The experience of the firm or its proposed Project Manager for the services to be procured, in terms of the Single Largest Completed Contract (SLCC) similar to, and with the following cost as a percentage of the ABC, shall be rated as follows:

Cost of Completed Contract as % of ABC

Points

100% or more 10 90% to < 100% 08 70% to < 90% 06 50% to <70% 05

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2. Organizational Structure Category Description

Compliant (10 points)

With submission clearly showing the key personnel and/or additional support personnel.

Inadequate (5 points)

Submission inadequate, not showing any of the key personnel.

Non-compliant (0 point) Non-submission

10

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3. Key Personnel The qualification of key personnel to be rated as follows:

Key Personnel

Qualification Rating Criteria Points

Project Manager

Education Relevant Bachelor’s Degree (minimum requirement)

05

Relevant Master’s Degree or higher (additional points)

10

Experience 1.5x min no of years of experience required

10

(1.2 to <1.5)x min no of years of experience required

7

(1.0 to <1.2)x min no of years of experience required

5

< min years of experience required

0

Key Personnel

Qualification Rating Criteria

Points

Technician 1 Education Relevant Vocational Course (minimum requirement)

3

Relevant Bachelor’s Degree or Higher (additional points)

5

Experience 1.5x min no of years’

5

40

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experience required (1.2 to <1.5)x min no of years of experience required

3

(1.0 to <1.2)x min no of years of experience required

2

< min years of experience required

0

Technician 2 Education Relevant Vocational Course (minimum requirement)

3

Relevant Bachelor’s Degree or Higher (additional points)

5

Experience 1.5x min no of years of experience required

5

(1.2 to <1.5)x min no of years of experience required

3

(1.0 to <1.2)x min no of years of experience required

2

< min years of experience required

0

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4. List of Equipment

Description Rating/Points Submitted list is supported by documents evidencing availability of equipment when the project commences (e.g. owner’s registration certificate, purchase/ lease agreement, or any other satisfactory proof of availability)

20 points

No submission Zero (0) point

20

5. Schedule of Activities in a Gantt Chart: Description Rating/Points With submitted Gantt Chart and or its equivalent

10 points

No submission Zero (0) point

10

6. Project Safety Plan but not limited to HSSE concerns Description Rating/Points Project Safety Plan submitted with complete discussion and covers HSSE and other concerns.

10 points

No submission. Zero (0) point

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Financial Offer

The lowest Financial Proposal (Fl) shall be given a Financial Score (Sf) of 100 points. The Sf of other Financial Proposals shall be computed based on the formula indicated below:

Sf = 100 x Fl/F Where: Sf is the financial score of the Financial Proposal under consideration, Fl is the lowest price submitted, and F is the price of the Financial Proposal under consideration.

9.5 The Offerors shall be required to include in their offer/proposal the cost of all taxes, such as, but not limited to, value added tax (VAT), income tax, local taxes, and other fiscal levies and duties which shall be itemized in the bid form and reflected in the detailed estimates. Such proposal, including said taxes, shall be the basis for proposal evaluation and comparison.

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9.6 In evaluating the Offer to get Highest Rated Offer (HRO), the Procuring Entity shall undertake the following:

9.6.1. Detailed evaluation of the financial component of the proposal, to establish the correct calculated prices of the offer; and 9.6.2.Ranking of all Offerors from highest to lowest based on their respective total scores. The offer with the highest rating shall be identified as the HRO.

10. POST QUALIFICATION

There shall be no post-qualification. However, the BAC reserves its right to verify the authenticity of the documents submitted and the veracity of their contents.

11. RESERVATION CLAUSE

11.1. Notwithstanding any finding of eligibility and/or capability of an Offeror, the Procuring Entity concerned reserves the right to review its qualifications at any stage of the procurement process if it has reasonable grounds to believe that a misrepresentation has been made by the said Offeror, or that there has been a change in the Offeror’s capability to undertake the project from the time it submitted its eligibility requirements. Should such review uncover any misrepresentation made in the eligibility and procurement requirements, statements or documents, or any changes in the situation of the Offeror which will affect its capability to undertake the project so that it fails the preset eligibility or evaluation criteria, the Procuring Entity shall consider the said Offeror as ineligible and shall disqualify it from submitting a proposal or from obtaining an award or contract. 11.2.Based on the following grounds the Procuring Entity reserves the right to reject any and all the Offers, declare a Failure of Negotiations at any time prior to the contract award, or not to award the contract, without thereby incurring any liability, and made no assurance that a contract shall be entered into as a result of the negotiations:

11.2.1. If there is prima facie evidence of collusion between appropriate public officers or employees of the Procuring Entity, or between the BAC any of the Offerors, or if the Collusion is between or among the Offerors themselves, or between the Offeror and a third party, including any act which restricts, suppresses or nullifies or tends to restrict, suppress or nullify competition;

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11.2.2.If the Procuring Entity’s BAC is found to have failed in following the prescribed procurement procedures; or 11.2.3.For any justifiable and reasonable ground where the award of the contract will not redound to the benefit of the Government as follows:

11.2.3.1. If the physical and economic conditions have significantly changed so as to render the project no longer economically, financially or technically feasible as determined by the head of the procuring entity; 11.2.3.2. If the project is no longer necessary as determined by the head of the procuring entity; and 11.2.3.3. If the source of funds for the project has been withheld or reduced through no fault of the Procuring Entity.

11.3. In addition, the Procuring Entity may likewise declare a failure of negotiations when:

11.3.1. No offer is received; 11.3.2. All prospective Offerors are declared ineligible; 11.3.3. All offers fail to comply with all the requirements; 11.3.4. The offeror with the Highest Rated Offer (HRO) refuses, without justifiable cause to accept the award of contract, and no award is made.

12. AWARD

12.1. The Procuring Entity shall award the contract to the Offeror whose proposal has been determined to be the HRO and who has complied with all documentary requirements therefor. 12.2. The Procuring Entity shall notify the successful Offeror in writing that its proposal has been accepted, through a Notice of Award received personally or sent by registered mail or electronically, receipt of which must be confirmed in writing within twenty four (24) hours by the Offeror with the HRO and submitted personally or sent by registered mail or electronically to the Procuring Entity. 12.3. Notwithstanding the issuance of the Notice of Award, award of contract shall be subject to the following conditions:

12.3.1 In case of foreign Offeror, SEC Certificate of Registration and/or the authorization or license issued by the appropriate Philippine professional regulatory body of the foreign professionals engaging in the practice of regulated professions and allied professions, where applicable;

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12.3.2. Posting of the performance security in accordance with Section 39 of the Revised Implementing Rules and Regulations of Republic Act No. 9184; 12.3.3. Signing of the contract; and 12.3.4. Approval of higher authority, if required.

The BAC, through the Secretariat, shall post, within three (3) calendar days from its issuance, the Notice of Award in the PhilGEPS, the website of the procuring entity, in any conspicuous place in the premises of the procuring entity.

13. PERFORMANCE SECURITY

13.1. To guarantee the faithful performance by the winning Offeror of its obligations under the contract, it shall post a performance security within a maximum of five (5) calendar days from the receipt of the Notice of Award from the Procuring Entity and in no case later than the signing of the contract. 13.2. The performance security shall be denominated in Philippine Pesos and posted in favor of the Procuring Entity in an amount equal to the percentage of the total contract price in accordance with the following schedule:

Form of Performance Security

Amount of Performance Security

(Not less than the Percentage of the Total Contract Price)

(a) Cash or cashier’s/manager’s check issued by a Universal or Commercial Bank. For biddings conducted by the LGUs, the Cashier’s/Manager’s Check may be issued by other banks certified by the BSP as authorized to issue such financial instrument.

Five percent (5%)

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(b) Bank draft/guarantee or irrevocable letter of credit issued by a Universal or Commercial Bank: Provided, however, that it shall be confirmed or authenticated by a Universal or Commercial Bank, if issued by a foreign bank. For biddings conducted by the LGUs, the Bank Draft/ Guarantee or Irrevocable Letter of Credit may be issued by other banks certified by the BSP as authorized to issue such financial instrument.

(c) Surety bond callable upon demand issued by a surety or insurance company duly certified by the Insurance Commission as authorized to issue such security.

Thirty percent (30%)

13.3. Failure of the successful Offeror to comply with the above-mentioned requirement shall constitute sufficient ground for the annulment of the award, in which event the Procuring Entity shall initiate and complete the evaluation of the second HRO. The procedure shall be repeated until the HRO is identified and selected for contract award.

14. SIGNING OF THE CONTRACT

14.1 At the same time as the Procuring Entity notifies the successful Offeror that its proposal has been accepted, the Procuring Entity shall send the Contract Form to the Offeror, which contract has been provided in the Negotiation Documents, incorporating therein all agreements between the parties;

14.2 Within five (5) calendar days from receipt of the Notice of Award, the successful Offeror shall post the required performance security and sign and date the contract and return it to the Procuring Entity;

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14.3 The Procuring Entity shall enter into a contract with the successful Offeror within the same five (5) calendar day period provided that all requirements are complied with.

14.4. The following documents shall form part of the contact:

14.4.1. Contract Agreement including Attachments; 14.4.2. Specifications; 14.4.3. Letter of Invitation to Negotiate; 14.4.4. Instructions to Offerors; 14.4.5. Winning Offeror’s best offer, including the Technical and Financial Proposal, and all other document/statements submitted; 14.4.6. Performance Security; 14.4.7. Notice of Award of Contract and Offeror’s conforme thereto; and 14.4.8. Other contract documents that may be required by existing laws and/or specified herein or in the Terms of Reference.

15. NOTICE TO PROCEED

15.1 Within three (3) calendar days from the date of approval of the contract by the appropriate government approving authority, the Procuring Entity shall issue its Notice to Proceed to the Offeror.

15.2 The contract effectivity date shall be provided in the Notice to Proceed by the Procuring Entity, which date shall not be later than seven (7) calendar days from the issuance of the Notice to Proceed.

15.3 The Procuring Entity, through the BAC Secretariat, shall post a copy of the Notice to Proceed and the approved contact in the PhilGEPS and the website of the procuring entity, if any, within fifteen (15) calendar days from the issuance of the Notice to Proceed.

16. DELIVERABLES

16.1. The Contractor shall submit monthly reports covering the milestones in the approved Time Schedule. 16.2. The Contractor shall submit one set (1) original and scanned PDF copy sent thru e-mail from the contractor’s official e-mail address. 16.3. Reports must be submitted within fifteen (15) calendar days. 16.4. A final report shall be submitted within thirty (30) calendar days from the completion of works. 16.5. Delivery Address: Delivery Address: MRT3 Depot EDSA cor North Ave, Brgy Bagong Pag-asa, Quezon City at (632) 929 5347 local 2102. End user’s representative: Richard G. Gubat, Engineer III, Engineering Division 16.6. Any delays in the submissions shall be subjected to penalties, pursuant to Section 68, Liquidated Damages, of the 2016 Revised IRR of RA 9184.

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17. PAYMENTS

17.1. Advance Payment: The Department has a policy of not making advance payments, as a general rule. By way of exception, however, advance payment may be made in an amount not exceeding 15% of the contract price if such payment can be justified by the circumstances of the project. 17.2. The invoice shall be submitted by Contractor to DOTr-MRT3 each month together with a statement of monthly activities completed during that period performing the services and with the supporting documents for the reimbursable expenses if any. The report produced will be examined by DOTr-MRT3’s authorized representative to verify the contents and compliance with the provisions and requirements. Any deficiency found in the report shall be communicated to the Contractor, who shall remedy the same within a reasonable period to be agreed to by the parties. This will result in the credit being withheld by the DOTr-MRT3 until the final approval of the Documents. The extensions granted for the regularization of the documents, net of the times for the verification of the same, cannot in any case exceed 60 days. 17.3. Contractor will be obliged to introduce in the documentation, even if already elaborated and presented, all the modifications, corrections, adjustments, replacements or updates of tables and attachments, which may be necessary for the definitive approval of the DOTr-MRT3, without this giving right to special or greater compensation. Failure to comply with these obligations will result in the loss of the right to any compensation. 17.5. Payment follows the DOTr-MRT3 Engineer’s approval certifying that services are completed and fully satisfactory.

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SECTION C.

NEGOTIATION FORMS

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Statement Showing the Offeror’s Single Largest Completed Contract which is Similar in Nature Business Name : _____________________________________________________ Business Address : _____________________________________________________

Name of Contract/Location

Project Cost

a. Owners Name b. Address c. Telephone Nos

Nature of Work

Contractor’s Role a. Amount at Award b. Amount at Completion c. Duration

a. Date Awarded b. Contract Effectivity c. Date Completed

Description %

Government Private

Note: This statement shall be supported with: 1. Contract or its equivalent. 2. Documentary proof of project completion and/or acceptance thereof. Submitted by :______________________________________________

(Printed Name and Signature) Designation : ______________________________________________ Date : ______________________________________________

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OMNIBUS SWORN STATEMENT

REPUBLIC OF THE PHILIPPINES )

CITY/MUNICIPALITY OF ______ ) S.S.

A F F I D A V I T

I, [Name of Affiant], of legal age, [Civil Status], [Nationality], and residing at [Address of Affiant], after having been duly sworn in accordance with law, do hereby depose and state that:

1. Select one, delete the other:

If a sole proprietorship: I am the sole proprietor or authorized representative of [Name of Bidder] with office address at [address of Offeror];

If a partnership, corporation, cooperative, or joint venture: I am the duly authorized and designated representative of [Name of Offeror] with office address at [address of Bidder];

2. Select one, delete the other:

If a sole proprietorship: As the owner and sole proprietor, or authorized representative of [Name of Offeror], I have full power and authority to do, execute and perform any and all acts necessary to participate, submit the bid, and to sign and execute the ensuing contract for [Name of the Project] of the [Name of the Procuring Entity], as shown in the attached duly notarized Special Power of Attorney;

If a partnership, corporation, cooperative, or joint venture: I am granted full power and authority to do, execute and perform any and all acts necessary to participate, submit the bid, and to sign and execute the ensuing contract for [Name of the Project] of the [Name of the Procuring Entity], as shown in the attached [state title of attached document showing proof of authorization (e.g., duly notarized Secretary’s Certificate, Board/Partnership Resolution, or Special Power of Attorney, whichever is applicable;)];

3. [Name of Offeror] is not “blacklisted” or barred from bidding by the Government of the Philippines or any of its agencies, offices, corporations, or Local Government Units, foreign government/foreign or international financing institution whose blacklisting rules have been recognized by the Government Procurement Policy Board;

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4. Each of the documents submitted in satisfaction of the bidding requirements is an authentic copy of the original, complete, and all statements and information provided therein are true and correct;

5. [Name of Offeror] is authorizing the Head of the Procuring Entity or its duly authorized representative(s) to verify all the documents submitted;

6. Select one, delete the rest:

If a sole proprietorship: The owner or sole proprietor is not related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project Contractors by consanguinity or affinity up to the third civil degree;

If a partnership or cooperative: None of the officers and members of [Name of Offeror] is related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project Contractors by consanguinity or affinity up to the third civil degree;

If a corporation or joint venture: None of the officers, directors, and controlling stockholders of [Name of Offeror] is related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project Contractors by consanguinity or affinity up to the third civil degree;

7. [Name of Offeror] complies with existing labor laws and standards; and

8. [Name of Offeror] is aware of and has undertaken the following responsibilities as a Bidder:

a) Carefully examine all of the Bidding Documents;

b) Acknowledge all conditions, local or otherwise, affecting the implementation of the Contract;

c) Made an estimate of the facilities available and needed for the contract to be bid, if any; and

d) Inquire or secure Supplemental/Bid Bulletin(s) issued for the [Name of the Project].

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23

9. [Name of Offeror] did not give or pay directly or indirectly, any commission, amount, fee, or any form of consideration, pecuniary or otherwise, to any person or official, personnel or representative of the government in relation to any procurement project or activity.

IN WITNESS WHEREOF, I have hereunto set my hand this __ day of ___, 20__ at ____________, Philippines.

_____________________________________

Offeror’s Representative/Authorized Signatory

SUBSCRIBED AND SWORN to before me this ___ day of [month] [year] at [place of execution], Philippines. Affiant/s is/are personally known to me and was/were identified by me through competent evidence of identity as defined in the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC). Affiant/s exhibited to me his/her [insert type of government identification card used], with his/her photograph and signature appearing thereon, with no. ________ and his/her Community Tax Certificate No. _______ issued on ____ at ______.

Witness my hand and seal this ___ day of [month] [year].

NAME OF NOTARY PUBLIC

Serial No. of Commission _______________

Notary Public for _______ until __________

Roll of Attorneys No. __________________

PTR No. ______ [date issued], [place issued]

IBP No. ______ [date issued], [place issued]

Doc. No. _____

Page No. _____

Book No. _____

Series of _____

* This form will not apply for WB funded projects.

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SECTION D.

CONDITIONS OF CONTRACT AND SCOPE OF WORKS

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1. INTRODUCTION ........................................................................................................... 3

2. REQUIRED TESTS ....................................................................................................... 3

3. SUBJECT OF THE CONTRACT ................................................................................... 4

3.1 SITE LOCATION FOR TEST OVER THE STRUCTURES ...................................... 5

3.2 SITE LOCATION FOR TOPOGRAPHIC SURVEYS AND MONITORING PLAN.... 7

3.3 UNITS ................................................................................................................... 10

4. DESCRIPTION OF THE REQUIRED ACTIVITIES FOR TEST OVER THE STRUCTURES. .................................................................................................................. 10

4.1 ACTIVITIES .......................................................................................................... 10

5. DESCRIPTION OF REQUIRED ACTIVITIES FOR TOPOGRAPHIC SURVEYS AND MONITORING PLAN .......................................................................................................... 15

6. CONDITIONS OF THE CONTRACT ............................................................................ 15

7. REQUIREMENTS FOR THE OFFER ........................................................................... 16

8. OFFER SUBMISSION ................................................................................................. 16

8.1 TECHNICAL OFFER ............................................................................................ 16

8.1.1 PERSONNEL .................................................................................................... 17

8.1.1 EQUIPMENT .................................................................................................... 18

8.2 FINANCIAL OFFER ............................................................................................. 18

8.3 TIME SCHEDULING (PROJECT PLAN) .............................................................. 18

9. DOCUMENTATION TO BE DELIVERED BY CONTRACTOR .................................... 19

9.1 PROGRESS REPORT .......................................................................................... 19

9.2 PARTIAL REPORTS ON INVESTIGATION ......................................................... 19

9.3 FINAL REPORT ................................................................................................... 19

10. HSE ............................................................................................................................. 20

11. NOTICE TO PROCEED ............................................................................................... 20

12. DAMAGES .................................................................................................................. 20

13. EXPENSES UNDER CONTRACTOR .......................................................................... 21

14. COMMUNICATION ...................................................................................................... 21

15. SUB CONTRACT ........................................................................................................ 21

16. INSURANCE ............................................................................................................... 21

17. PERFORMANCE SECURITY ...................................................................................... 22

18. PAYMENTS ................................................................................................................. 22

19. PENALTY .................................................................................................................... 22

20. CONFIDENTIALITY ..................................................................................................... 22

21. DURATION OF CONTRACT ....................................................................................... 23

22. TERMINATION OF CONTRACT ................................................................................. 23

23. DISPUTES ................................................................................................................... 23

24. FORMAT TO PROVIDE FINANCIAL OFFER. ............................................................. 24

25. ANNEXES ................................................................................................................... 29

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25.1 ANNEX 1: TOR FOR TEST OVER THE STRUCTURES, TOPOGRAPHIC SURVEYS AND MONITORING PLAN. ........................................................................... 29

25.2 ANNEX 2: LIST OF TESTS OVER THE STRUCTURES. ........................................ 29

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1. INTRODUCTION

The Manila Metro Rail Transit System (MRT Line 3 or MRT-3) runs on 16,9 kilometer route with 13 stations following the Epifanio de los Santos Avenue (EDSA) in Metro Manila, Philippines.

As part of the MRT3 maintenance activities the following activities will be required for MRT3 structures

• Destructive or not destructive test over the structures. • Local survey of the investigated structures. • Report of the analysis results. • Detailed topographic surveys. • Monitoring plan.

2. REQUIRED TESTS After the inspection conducted on MRT3 structures, some issues that need to be properly addressed and prioritized have been found.

The summary is in the following.

1. RETAINING WALLS BETWEEN BUENDIA AND AYALA AND AYALA TUNNEL:

The actions that need to be prioritized are the following:

• Detailed topographic-survey of the structures to determine the geometry of the structures.

• Monitoring plan to check if there are displacements or rotations of the structures. The monitoring activities will enable the DOTr-MRT3 Management to determine if there are unusual movements in the structures.

• Tests on the materials (coring, compressive test on concrete, ultrasonic pacometer test, etc.), in order to determine the quality of all adopted materials.

• Chemical test on concrete: Chlorides, carbonation, sulphites tests to determine if the concrete is damaged by chemical agents.

• Local disruption of small part of the retaining wall to determine and obtain the depth of the cracks, and visually check if the rebars are corroded.

STATIONS: Structural tests over all the MRT3 stations (destructive and non-destructive coring, compressive tests on concrete, ultrasonic pacometer test, etc.) need to be carried on as soon as possible to check the quality and the strength of the materials and the amount of reinforcements.

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2. GUADALUPE BRIDGE: The activities to be carried on Guadalupe bridge are the followings:

• Conduct a theoretical dynamic analysis of the bridge to check the dynamic behavior of the same. It must be done with 3D finite element software.

• Conduct a dynamic test with accelerometers along the span of the bridge. The purpose of this test is to identify experimentally the free frequencies of vibration and the vibration shape to be compared with the theoretical ones obtained from numerical modelling. The experimental results obtained are linked to all the geometrical and mechanical elements of the structure, and represent a valid instrument for the control of the global behavior of the bridge including the substructures and the foundations.

• Conduct a static load test over the bridge with optical measurements or inclinometer. Optical measurements or inclinometers are necessary because there is another bridge under the railway bridge, and it is not possible to use classic displacement transducers applied on telescopic poles. The static load tests are for the verification of the experimental deformation with the theoretical one. The loads represented by trains are positioned accordingly over the deck. The displacements deriving from the application of the loads are carried out by level and optical micrometer. The deformations are reported on paper.

• Conduct structural tests on the deck of the bridge (welding test, tensile test on the materials, Brinnel or Vickers test).

• Conduct structural tests on the sub-structures of the bridge (coring, compression test, carbonation test, pacometer test, ultrasonic test, etc.).

3. ACCESS RAMP TO THE DEPOT: Structural tests(destructive and non-destructive coring, compressive test on concrete, ultrasonic pacometer test, etc.) are required over the ramp to access to depot to check the quality and the strength of the materials and the amount of reinforcement.

4. MAIN ALIGNMENT: Static load tests will be done to verify the real deformation compared to the theoretical one. Loads represented trains are placed over the bridge. The measurements of the displacements due to the live loads, are made through differential transducers applied on telescopic poles in contact with the structure. Deformations are recorded on a computer or on paper.

5. CORROSION TEST: Corrosion tests over the MRT3 structures are required to check the presence of corrosion problems.

3. SUBJECT OF THE CONTRACT

The purpose of this section is to give an overall description of the subject services to be performed by Contractor

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• Tests over the structures. • Topographic surveys. • Monitoring plan. • Static load test over the bridge. • Dynamic load test over the bridge.

The works shall also be carried out in compliance with the applicable rules and regulations in the Philippines for topographic surveys, if existing.

In case of contradiction, the following order of precedence shall be considered:

• National standards and regulations. • This document. • The DOTr-MRT3 General Technical Specifications.

Where there is conflict between standards of the same order of precedence, then the most stringent requirement shall apply. For a more detailed description refer to document “ANNEX 1: TOR FOR TEST OVER THE STRUCTURES, TOPOGRAPHIC SURVEY AND MONITORING PLAN”.

3.1 SITE LOCATION FOR TEST OVER THE STRUCTURES

The site location of the structures to be investigated is on MRT3 alignment between the station of North Station and Taft station

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End

Beginning

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The location of the test are the followings.

• STATION 1: NORTH STATION. • STATION 2: QUEZON AVENUE STATION. • STATION 3 GMA STATION. • STATION 4: CUBAO STATION. • STATION 5: SANTOLAN STATION. • STATION 6: ORTIGAS STATION. • STATION 7: SHAW BOULIVARD STATION. • STATION 8 : BONI STATION. • STATION 9 : GUADALUPE STATION. • STATION 10 : BUENDIA STATION. • STATION 11 : AYALA STATION. • STATION 12: MAGALLANES STATION. • STATION 13: TAFT STATION. • GUADALUPE BRIDGE. • RETAINING WALLS BETWEEN BUENDIA AND AYALA STATION. • AYALA TUNNEL. • VIADUCT STRUCTURES OVER THE RAMP ACCESS TO THE

DEPOT: (columns, capping beam, girders).

3.2 SITE LOCATION FOR TOPOgraphic SURVEYS AND MONITORING

PLAN

The site location of the structures to be monitored is divided in two different parts:

• PART 1: RETAINING WALLS: approximately between the station of Buendia and Ayala from Km 26+870 to Km 27+950 on the Mrt3 line ,

• PART 2: AYALA TUNNEL from Km 26+196 to Km 26+723. .

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PART 1 RETAINING WALLS

PART 2 AYALA TUNNEL Retaining

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Retaining walls view from Buendia Station

PART 1 Start of damaged retaining structures

End of damaged retaining structures 27+950

PART 2 AYALA TUNNEL from 26+196 to 26+723

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Ayala Tunnel View from Buendia Station.

3.3 UNITS

For the WORK detailed in this Specification and the relevant bid documents the required system of units is the S.I. (Metric) system.

4. DESCRIPTION OF THE REQUIRED ACTIVITIES FOR TEST OVER THE STRUCTURES.

The purpose of this task is to carry out survey activities and structural tests over the MRT3 structures.

• Laboratory tests over the materials; • Chemical test on concrete (carbonation, sulfites, chlorides, etc.); • Local surveys of the structures to identify the geometry of the

investigated columns, beams, slab etc.; • Destructives or no-destructives tests; • Static and dynamic test for Guadalupe bridges; • Static and dynamic test for pre-stressed concrete bridges on the ramp

connecting to depot and on the main alignment.

4.1 ACTIVITIES

In order to verify the static conditions of the structures it is presented an indicative and non-exhaustive list including some of the admissible

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diagnostic investigations, to be verified and/or possibly integrated according to the different locations and according the directives of the DOTr-MRT3 engineer.

DOTr-MRT3 will determine on a case-by-case basis the appropriate tests to be performed by the Contractor on each structure.

The required tests to be carried out are the following:

1. STATIC LOAD TEST: The static load tests are used to verify the actual deformation in comparison to the theoretical. Loads represented by trains are placed based on the category of the bridge or railway line. The measurements of the displacements due to the live loads, are made through differential transducers applied on telescopic poles contact with the structure. Deformations are required to be recorded.

2. STATIC LOAD TEST WITH OPTICAL INSTRUMENTS: The static load tests have the purpose of verifying the experimental deformation behavior with the theoretical one. The loads represented by trucks or locomotives are positioned according to the category of the bridge or railway line. The detections of the arrows, deriving from the application of the loads, are carried out by level and optical micrometer. The deformations are read visually and reported on paper.

3. DYNAMIC TEST: The purpose of the dynamic investigation is to identify experimentally the free frequencies of vibration and the vibration shape to bend compared with the theoretical ones obtained from numerical modeling. The experimental results obtained are linked to all the geometrical and mechanical elements of the structure and represent a valid instrument for the control of the global behavior of the bridge including the substructures and the foundations.

4. SMITH HAMMER TEST: The test is used to estimate the compressive strength of the concrete in existing structures. The hammer uses the measure of the rebound of a steel cylinder that hits the surface of the concrete with a constant force caused by a spring. For a safer evaluation of the experimental data, the use of hammer tape paper is recommended to allow the recording of the measured values.

5. PULLOUT TEST: The pullout test can be useful in determining the compression strength of the concrete. The methodology consists of inserting a standardized size steel dowel in the concrete and taking it out using suitable equipment. The value of the extraction force compared with an experimental correlation curve allows to evaluate the resistance of the concrete.

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6. CARBONATION TEST: The test is intended to determine the depth of carbonation of the surface layer of the concrete. The concrete has a pH value of about 12.5, making it strongly alkaline. This strong alkalinity is a natural protection against corrosion of the steel. The carbonated concrete is highly permeable and reduces the concrete protective capacity; it also provides hardness greater than that intended for determination of the compressive strength measured with a hammer.

7. CORING: The purpose of this test is to pull-out concrete cores from site, conduct laboratory compression tests and in case compare the values to the results obtained from non-destructive methods. The elastic modulus and the thickness of the carbonation can be derived from the results obtained from the concrete cores.

8. SONREB: The purpose of the test is to calculate the average compressive strength of the concrete. This is done by combining ultrasonic speed velocity (V), obtained by ultrasonic tests, with the rebound index (S) obtained by Smith-hummer test and compensating the errors of both tests. The moisture content and the age of the concrete in fact affects in the opposite way both previous tests. It is possible to use curves of correlation experimental or, alternatively, analytical interrelations.

9. ULTRASONIC TEST: Through ultrasound test, it is possible to detect the mechanical characteristics of the concrete, particularly its homogeneity. To perform the test emitting and receiving probes are placed riding of the element to be investigated (or on the same face in the case the opposite surface is not accessible). The probe emitting produces pulses that are detected by the receiving probe and recorded from the equipment. The transmittal time should be proportional to the mechanical strength of the concrete, and it should provide an indication of the change in resistance at different points.

10. CHLORIDE TEST: The purpose of the test is to calculate the amount of chloride ions present within a sample of concrete. The guidelines indicate as control parameters for the durability of structures that the concentration of chloride ions, expressed as a percentage by weight on the cement content, need to be less than the critical threshold of 0.2%, valueswhich prevent the reaction that adjusts the corrosion of the reinforcements.

11. WINDSOR TEST: The purpose of the test is to determine the strength of the concrete as a function of the inert material used in the casting and based of the resistance to penetration given by a steel probe which penetrates about 4 cm inside the concrete. The average compressive strength, which is given on a correlation table, based on the penetration length of the probe and based on Mohs’ scale.

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12. RADAR TEST: The GPR system is a tool for non-invasive test. It uses electromagnetic waves. This system is able to examine the materials investigated without interfering in their physical, mechanical and chemical characteristics. With this test, it is possible to determine the thickness of abutments, foundations or if combined with ferro-scan it is possible to determine the cable tracking in post stressed or pre-stressed beams.

13. FERROSCAN TEST: The purpose of the test is to determine the position of the reinforcement, the thickness of the concrete cover, and with good approximation, the diameter of the re-bars by sliding along the surface a probe emitting a magnetic field. This type of analysis is particularly useful for the execution of other tests such as the coring and the pull-out, in order to avoid hitting the reinforcement.

14. VICKERS TEST: The Vickers micro durometer survey mechanical tensile strength of steel, performing a hardness control through use of a portable micro durometer. The evaluation of the Vickers impression is carried out by way of electronics using the UCI method.

15. TEST ON REBARS: The purpose of the test is to take reinforcement rebar’s on which chemical, physical or mechanical tests will be carried out in a laboratory. This methodology involves the use of a chisel to remove the concrete cover and a cutter to cut the re-bars. The re-bars must be taken in poor stress areas indicated and must be conducted as such to create minimal disturbance to the structures.

16. CORROSION TEST: The mapping of potentials is an electrochemical method used to assess the state of corrosion steel. The technique involves the measurement of the potential of the reinforcements through an electrode (Cu / CuSO4), resting on the concrete surface using a wet sponge to ensure electrolytic contact. This feature allows to define extension and intensity the corrosive phenomena on the re-bars caused by decrease in the alkalinity of the concrete due to carbonation phenomena or attacks of aggressive substances.

17. WELDING TEST WITH PENETRANT LIQUIDS: The test liquid penetrant PT exploits the ability of some liquids to penetrate, by capillarity and not by gravity, to identify surface defects within the thin surface discontinuities. The methodology allows to identify in a fast manner, any opened discontinuities in the surface (cracks, porosity, folds, fatigue cracks and heat cracks, etc.) to any of the component regardless of the geometry and the material of the same.

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18. ULTRASONIC WELDING TEST: Ultrasonic examination (UT) is a volumetric type control, allowing the search for internal defects material. One of the fundamental applications of this methodology is the control of welded joints in a full penetration.

19. MAGNETIC WELDING TEST: The examination with magnetic particles (MT) allows to detect superficial and subsurface defects in the welds. This test differently by penetration liquid test allows to find defects not visible on the surface.

20. X-RAY WELDING TEST: The control with radiographic method (RT) as ultrasound scanning is a volumetric method suitable for looking for defects inside the joints’ full penetration. The control method in question uses x-rays and gamma rays that are directed by the source to the welded joint to be subjected in order to control after having appropriately positioned the film. The development of the film produces a two-dimensional image of the object subject to x-ray. In this image the variations of thickness, density, and composition of the piece are displayed as variations in a scale of gray.

21. CHECKING THE TIGHTENING TORQUE OF THE BOLTS: This method allows the checking of the tightening efficiency of bolted joints using a wrench torque. The bolts should not be fully or excessively tightened. The excessive tightening causes the yielding or even breaking of the screw.

22. LOCAL DISRUPTION OF CONCRETE: Local disruptions are necessary to check the depth of the cracks or to check the corrosion of the re-bars.

23. WITHDRAWAL STEEL FOR METAL STRUCTURAL WORK: The scope of taking samples of steel from structures (steel, bolts, etc.) is the execution of subsequent chemical, physical and / or mechanical tests to be carried out in an official laboratory.

The knowledge of the construction details and of the properties of the materials must be well known to allow for the verification of safety and the development of the structural model.

The tests in situ and in the laboratory are aimed at integrating the information available from the construction drawings.

A preliminary and not exhaustive list of urgent laboratory or specialist investigations, (i.e those that go beyond simple visual exams or manual essays) has already been prepared by MRT3 (see ANNEX 2 :LIST OF TESTS OVER THE STRUCTURES).

The offer shall include, but not limited to, the following:

• Transportation and installation of equipment on site;

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• Restoration of small demolitions and the cleaning of any rubbles with landfill;

• Provision for necessary mobile scaffolding in accordance with the relevant movements to carry out any inspection and/or investigation;

• Security charges; • Labor costs; • Processing of surveys; • Delivery of the final document (as described above) for each

station, or structures in original number 3 and number 1 CD in .pdf format and drawings in .pdf format and .dwg and anything else indicated above and necessary for the performance of the contract.

The planned survey tests will be conducted at the MRT3 stations and on the other structures following an order that is from time to time agreed between the Contractor and the DOTr-MRT3.

No tests or any structural disruptions will be carried out without the consent and authorization of DOTr-MRT3.

5. DESCRIPTION OF REQUIRED ACTIVITIES FOR TOPOGRAPHIC SURVEYS AND MONITORING PLAN

The activities required are the following

• TOPOGRAPHIC SURVEYS: Detailed survey of the retaining structures. • MONITORING OF THE RETAINING STRUCTURES: the reporting

phases will start for the phase 0, at the installation of the instruments. The Offeror may request for a preliminary site visit/inspection in writing to: Richard G. Gubat Engineer III Engineering Division- Metro Rail Transit 3 MRT3 Depot EDSA cor North Ave Brgy Bagong Pag-asa, Quezon City 1105 During site inspection, the Offeror is to ensure that its personnel shall adhere to HSE safety measures.

6. CONDITIONS OF THE CONTRACT

By accepting the conditions and scopes above, the Contractor shall:

• be fully aware of the services and activities to be carried out for the stations and MRT3 structures, of the conditions of all the present technical specifications and of local conditions;

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• have visited the sites involved in the investigations and to have ascertained the conditions of road and access, and all the work conditions on which the service will be carried out;

• be aware that the works will be carried out over an operating railway. Some of the test will be taken during night shift.

• have carefully examined all the general circumstances of time, place and conditions related to the contract itself and any and all contingent possibilities that may affect the execution of the interventions;

• have examined the project in detail, and the drawings. • have judged, in making the offer, fair and remunerative prices also in

consideration of the elements that affect both the cost of materials, as well as the cost of labor, rental and transport and the necessary activities to execution of the service in question.

• not declare during the execution of the service in question, the lack of knowledge of conditions or the occurrence of elements not evaluated or not considered, except for force majeure.

By accepting the Contract, the Contractor ascertains the following:

• The extent of the Contractor’s capability, the professionalism of its key and other personnel, the integrity of all its equipment and all other considerations in order to proceed with the execution of the survey activities, the processing and reconciliation of the results in the pre-established schedules.

• The expertise of the contractor and the knowledge of the general and special circumstances affecting the decision of the Contractor to undertake this contract.

7. REQUIREMENTS FOR THE OFFER

Refer to instruction to offerors.

8. OFFER SUBMISSION

The offer will be submitted as described in the INSTRUCTIONS TO OFFERORS.

8.1 TECHNICAL OFFER

• Report on the organizational structure that is intended to be used to carry out the activities.

• CV of the human resources that are intended to be made available for the performance of the service in question. Each CV must be produced in a dossier.

• Contractor shall submit the CV(s) exhibiting the experience, skills and qualifications matching the job description and minimum requirements for the positions of the proposed personnel who will perform the

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services. This should include the person's qualifications, previous employment with dates, training courses attended, certification obtained, areas of specific competence and pertinent references. All Contractor Key Personnel must be fluent in English both oral and written.

• List of equipment that is intended to be used for the performance of the contract.

8.1.1 Personnel

• Contractor shall provide the personnel required for the proper performance of the work.

• DOTr-MRT3 reserves the right to reject for whatever reason, any person recommended and also any subsequent candidates. DOTr-MRT3 reserves the right to validate the competency of any prospective candidate for the position Contractor has proposed. Personnel allocated to the services, must be continuously available as and when required throughout the term of the contract.

• Contractor shall minimize turnover of personnel. Changing of the accepted Personnel must be approved in advance by DOTr-MRT3 and may only be done so under exceptional and justifiable circumstances (e.g. health reasons, death or incapacitation, resignation, and other similar reasons) Any request to change personnel shall be done in writing accompanied by the submission of a detailed CV by the proposed replacement/substitute.

• Contractor shall ensure that their employees have valid work permits and proof of completion of minimum safety/survival training required by DOTr-MRT3 HSE policy.

• Contractor is requested to specify the notification time necessary to mobilize PERSONNEL.

Contractor shall assign Key Personnel on site who shall act as Contractor’s representative on work site.

Key Personnel shall be the senior staff of Contractor.

Key Personnel shall be technically qualified with adequate and competent experience in supervision and HSE.

Their assignment will be at no extra cost to DOTr-MRT3.

In order to ensure works, Key Personnel shall be at least the one requested in the INSTRUCTIONS TO OFFERORS but not limited thereto.

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8.1.1 Equipment

The technical equipment shall allow carrying out the works for this contract. Such equipment and materials shall include all spare parts and spare equipment units as may be necessary to provide normal and continuous operations and shall be in good operating condition.

All the characteristics of the equipment to be used for the topographical survey shall be described in Contractor’s technical proposal.

Before the surveyors’ mobilization on site, Contractor shall carry out tests on all equipment and shall ensure that these are functioning properly.

Contractor shall ensure the transportation of topographical equipment and personnel from his base to DOTr-MRT3 logistic base.

Contractor shall ensure that both the equipment and personnel are sufficient to perform the works in accordance with DOTr-MRT3 requirements.

If necessary, the Contractor shall assign resources to maintain and repair equipment at the work site.

In order to avoid any impact on the work and its progress, the Contractor shall replace any malfunctioning equipment within three (3) days.

The above responsibilities shall be also applicable for subcontracted equipment.

8.2 FINANCIAL OFFER

The financial offer will be done according the prices for single test / report.

A total lump sum will also be provided for the urgent required test.

If minor works are required (local disruption, demolitions. etc.) they will be included in the lump sum.

8.3 TIME SCHEDULING (PROJECT PLAN)

In the frame of this call for tender, the Contractor shall provide a Project Plan that shall precisely reflect the manner, in which the Contractor intends to execute the work and:

• The scheduling of the activities, in a Gantt diagram or similar. • Contractor will not commence the works without the authorization of

DOTr-MRT3 Engineer and will communicate the presence on site 1 week before by written letter.

• The execution of the service referred to in the previous must occur in the presence of DOTr-MRT3 or another one indicated by DOTr-MRT3.

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The service must be divided into the following activities:

• Identification of interventions on each station or structures agreed with DOTr-MRT3.

• Execution of the necessary inspections aimed at detecting the actual situation of the places.

• Preparation and installation of the equipment for the execution of investigations and all the scaffolding and safety equipment.

• Data processing through software, transfer, interpretation and return of the same on specific plans on paper and/or digital;

9. DOCUMENTATION TO BE DELIVERED BY CONTRACTOR The required documentation produced by contractor will be the following.

9.1 PROGRESS REPORT

During the period of the contract, the Contractor shall prepare Monthly Progress Report (MPR) in a form to be approved by DOTr-MRT3 specified representative and submit them seven (7) calendar days after the end of each reporting month.

The MPR shall consist and/or discuss, but shall not be limited to the following:

• Overall summary of the activities completed. • Laboratory tests accomplishment. • Schedule of work. • List of equipment used. • Detailed progress achieved.

9.2 PARTIAL REPORTs ON INVESTIGATION

The Contractor is required to submit partial reports consisting of completed results for immediate use in the preliminary design work. The partial report will be submitted monthly to DOTr-MRT3.

9.3 FINAL REPORT

The Contractor shall prepare the final report. It shall include, but not be limited to the following

a. Laboratory testing procedures. b. Description of tests done and procedures. c. Description of the adopted equipment. d. Calibration certificate of the adopted equipment. e. Name of the technician in charge for the tests. f. Final laboratory test results. g. Pictures of the investigated areas and samples.

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h. Sketches with the dimension of the element investigated (i.e width of the beam, columns, length of the beams, height of the columns, etc.).

i. Recommendation if needed, such as type of proposed countermeasures or additional test advised, criticalities detected, etc.

j. Drawings on floor plans surveyed on site, which highlight the areas subject to investigations, pictures during the tests.

k. Report of interpretation of the results of the investigations (also indicating reference literature / legislation for interpretation).

In case of results deemed unreliable, they will be reported anyway, indicating the motivation for which they are considered as such and therefore not taken into consideration in the numerical analysis.

All surveys and all the samples taken for the purposes of understanding the structural behavior and characterization of the materials, etc., must also be documented through appropriate photographic documentation with reference to the graphic drawings of the points taken.

It is therefore necessary to carry out inspections aimed at verifying the correspondence between the current state of the building and the structural design drawings.

10. HSE

The responsibility for the safety of the tests belongs to the Contractor, who shall comply in full with health and safety and environment legislations.

The work shall be performed within operating facility boundaries and is thus subject to existing Facility Safety Operating procedures.

A risk assessment shall be performed prior to commencement of the Work to identify potential risks and provide necessary protection.

Contractor will provide all PPE to his staff.

11. NOTICE TO PROCEED

The starting of the activities will take place by written notice to the Contractor by the DOTr-MRT3.

The other scheduled days for the tests over the structures will be communicated by DOTr-MRT3 with a letter a week before they will start.

12. DAMAGES

In carrying out the contract, all the measures necessary to prevent the occurrence of damage to the works, the environment, people and property will be the responsibility of the Contractor.

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The Contractor will also be responsible for the restoration of works or compensation for damages to places, things or third parties caused by late or inadequate assumption of the necessary measures; this regardless of the existence of adequate insurance coverage.

The Contractor is also responsible for damages deriving from the negligence of the personnel and, in any case, caused by the contractor to persons and/or property during in the performance of the contract.

DOTr-MRT3 will be not responsible for any damage or theft of the Contractor’s equipment necessary for the test or left on DOTr-MRT3 proprieties.

13. EXPENSES UNDER CONTRACTOR

a) All incidental expenses shall be for the account of the Contractor (e.g. additional security, minor tools and equipment, utilities, etc.).

14. COMMUNICATION

Contractor shall provide, at his own cost, sufficient operational means of communication in order to be contactable at all times.

In addition to that, Contractor shall be able to send electronic report on a daily basis from the worksite.

15. SUB CONTRACT

The Contractor may sub-contract portions of the works to such an extent as may be approved by the DOTr-MRT3.

Each sub-contractor must be accepted and approved by DOTr-MRT3 before starting the works.

The sub-contractor must not blacklisted by Philippine Authorities, DOTr-MRT3, DPWH, etc.

Sub-contracting of any portion of the contract shall not relieve the main contractor from any liability or obligation that may arise from the contract. The main contractor shall be responsible for the acts, defaults, and negligence of any subcontractor, its agents or workmen.

16. INSURANCE

The Contractor assumes all responsibilities for injury or damage suffered by persons or property, both by the Contractor itself, as well as the DOTr-MRT3 and/or third parties, for the services and work in question, excluding the DOTr-MRT3 from any responsibility.

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The Contactor is responsible for all the consequences that for facts, defaults and/or errors attributable to the same..

Therefore, the Contractor undertakes to keep DOTr-MRT3 unharmed from any and all charges, claim, request or litigation promoted by third parties for facts connected and referring to defaults and/or errors in the execution of contractual services, even if performed by third parties.

The Contractor is obliged to stipulate an adequate insurance policy, in favor of DOTr-MRT3, with primary insurance institution, to cover the risk of civil liability in relation to the conduct of all the activities covered by this contract, for any damage (to persons and/or things) that the Contractor can bring to the DOTr-MRT3, to the representatives of the DOTr-MRT3 (employees and collaborators) who for specific tasks may or should have interference in the jobsite, as well as to third parties, also with reference to the related products and / or services , including damage from pollution. This policy must indemnify DOTr-MRT3 from all risks of performance of the service, from any determined cause and provide a guarantee of civil liability for damages to third parties (persons and things) in the execution of the service, up to the date of issue of the certificate of regular execution or provisional acceptance. Copy of this policy conforming to the original, must be delivered after the awarding, at the request of the DOTr-MRT3.

17. PERFORMANCE SECURITY

Refer to Instructions to Offerors.

18. PAYMENTS

Refer to Instructions to Offerors.

19. PENALTY

Penalty shall be imposed pursuant to the Revised Implementing Rules and Regulations (RIRR) of Republic Act (RA) 9184.

20. CONFIDENTIALITY

The Contractor undertakes not to disclose to third parties and not to use in any way, any technical information, drawings, that are put at its disposal by the DOTr-MRT3..

Failure to fulfil the obligations arising from this represents grave negligence and will be considered a reason for the termination of the Contract by DOTr-

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MRT3 and the filing of appropriate charges against the Contractor in Philippine Courts.

21. DURATION OF CONTRACT

The duration of the whole contract will be of fourteen (14) months from the date of signing. Mobilization is up to a maximum of one (1) month, the monitoring plan will cover twelve (12) months and one (1) month for the final report.

In any case monthly reports will be submitted to DOTr-MRT3 by the Contractor with results provided by Topographic surveys, Structural Tests, and Monitoring Plans.

If and extension is required, the Contractor will communicate with DOTr-MRT3 the reasons of the extension.

22. TERMINATION OF CONTRACT

In Case in which the Contractor will refuse to re-do part of service subject of dispute or will suspend unilaterally the service and anyway in case of every other defaults not expressly covered that make impossible the continuation of the contract, DOTr-MRT3 will have the right to proceed to the revocation and cancellation of the Contract. In case of Resolution for fault of the Contractor DOTr-MRT3 will proceed to the keep the entire amount of performance security bond without this will not give up the right to claim the compensation for the bigger damages suffered. In case of resolution of the Contract DOTr-MRT3 is free to proceed to call the second rated at this bid, or execute a new tender, and do a new contract for the completion of Service. DOTr-MRT3 has anyway the right to terminate the Contract at any time prior payment of activities regularly performed by Contractor.

23. DISPUTES

Any and all disputes arising from the implementation of this Contract shall be submitted to arbitration in the Philippines according to the provisions of Republic Act 876 and 9285, as required in section 69 of the RIRR RA9184.

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24. FORMAT TO PROVIDE FINANCIAL OFFER.

The prices will be in (Philippine Pesos (PHP)) or other currencies. In case of use of other currencies exchange rates will be provided, the final contract amount shall be in Philippine Pesos.

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CONCRETE TEST1) STATIONS number Unit price TOTALCORING 180PACOMETER 378CARBONATION 180PULLOUT/WINDSOR 90ULTRASONIC 30CLORIDE 50REBAR TENSILE TEST 29CORROSION TEST 50REPORT 13MOB/DEMOB MINOR WORKS 1TOTAL 1 (STATIONS)

2) RAMP number Unit price TOTALCORING 51PACOMETER 58CARBONATION 51PULLOUT/WINDSOR 42ULTRASONIC 34CLORIDE 28REBAR TENSILE TEST 18CORROSION TEST 28REPORT 1MOB/DEMOB MINOR WORKS 1TOTAL 2 (RAMP)

3) RETAINING WALLS BUENDIA number Unit price TOTALCORING 60PACOMETER 140CARBONATION 60PULLOUT/WINDSOR 60ULTRASONIC 60CLORIDE 20REBAR TENSILE TEST 20CORROSION TEST 20GPRS TEST 40LOCAL EXCAVATION WITH EXCAVATOR 20CHEMICAL ANALYSIS OF CONCRETE 60SONIC INTEGRITY TESTS 20REPORT 1MOB/DEMOB MINOR WORKS 1TOTAL 3 RET. WALLSTOTAL 1+2+3

URGENT TEST

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4) AYALA TUNNEL number Unit price TOTALCORING 30PACOMETER 90CARBONATION 30PULLOUT/WINDSOR 30ULTRASONIC 30CLORIDE 30REBAR TENSILE TEST 30CORROSION TEST 30GPRS TEST 25LOCAL EXCAVATION `10CHEMICAL ANALYSIS OF CONCRETE 30SONIC INTEGRITY TEST 10REPORT 1MOB/DEMOB MINOR WORKS 1TOTAL4 AYALA TUNNELTOTAL 1+2+3+4

5) GUADALUPE BRIDGE CONCRETE TESTS number Unit price TOTALCORING 6PACOMETER 12CARBONATION 6PULLOUT/WINDSOR 6ULTRASONIC 8CLORIDE 4REBAR TENSILE TEST 4CORROSION TEST 4REPORT 1MOB/DEMOB MINOR WORKSTOT.5 (GUADALUPE CONCR)

TOTAL (1+2+3+4+5)VAT (%)TOTAL VAT INCLUDED

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6) STATIONS number Unit price TOTALWelding control 94Steel tensiom 98Spectrometer analysis 20Thightneing bolts torque allVickers/Brinnel test 39REPORT 13MOB/DEMOB MINOR WORKS 1TOTAL 6

7) GUADALUPE BRIDGE (STEEL TEST) number Unit price TOTALWelding control 30Steel tension 6Spectrometer analysis 5Brinnel test 6Ultraonic test 12Thightneing bolts torque allREPORT 1MOB/DEMOB MINOR WORKSInspection of boxed Girders with Video CameraTOTAL 7

TOTAL STEEL (6+7)TOTAL (6+7) VAT (%)TOTAL 6+7 (VAT INCLUDED)

TOTAL (1+2+3+4+5+6+7)VAT(%)TOTAL (1+2+3+4+5+6+7)+VAT

STEEL TESTS

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GENERAL COST FOR INSPECTION PHASE* UNIT PRICE Unit TotalINSPECTION PHASE 1TOTAL* ONLY IF INSPECTION IS REQUIRED

A) RETAINING WALLS BETWEEN BUENDIA AND AYALA1) TOPO SURVEY UNIT PRICE Unit TOTALTOPOSURVEY WITH TOTAL STATION OPTION 1TOPOSURVEY WITH LASER SCANNER OPTION 2NOTE iNSERT OPTION FOR 1 OR 2

2) MONITORING RETAINING WALLS WITH INCLINOMETER UNIT PRICE Unit TOTALINSTALLATION OF THE INSTRUMENTSMONTHLY REPORT 12TOTAL MONITORINGTOTAL MONITORING + TOPO SURVEY BUENDIA AND AYALA (1+2)

B) AYALA TUNNEL UNIT PRICE Unit TOTAL3) TOPOSURVEYTOPOSURVEY WITH TOTAL STATION OPTION 1TOPO SURVEY WITH LASER SCANNER OPTION 2NOTE iNSERT OPTION FOR 1 OR 2

4) MONITORING AYALA TUNNEL UNIT PRICE Unit TOTALINSTALLATION OF THE INSTRUMENTSMONTHLY REPORT 12TOTAL MONITORINGTOTAL MONITORING + TOPO SURVEY AYALA TUNNEL (3+4)

MONITORING PLAN AND TOPO SURVEYS

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25. ANNEXES

25.1 ANNEX 1: TOR FOR TEST OVER THE STRUCTURES, TOPOGRAPHIC SURVEYS AND MONITORING PLAN.

25.2 ANNEX 2: LIST OF TESTS OVER THE STRUCTURES.

STATIC AND DYNAMIC LOAD TEST GUADALUPE BRIDGE UNIT PRICE Unit TOTALTOTAL 1 STATIC TESTTOTAL 2 DYNAMIC TESTSTRAIN GAGESTOTAL 1+2 STATIC AND DYNAMIC TEST WITHOUT STRAIN GAGESTOTAL 1+2 STATIC AND DYNAMIC TEST WITH STRAIN GAGESNOTE INSERT OPTION FOR STRAIN GAGES ON MAIN BEAMS

STATIC AND DYNAMIC LOAD TEST UNIT PRICE Unit TOTALTOTAL 1 STATIC TESTTOTAL 2 DYNAMIC TESTSTRAIN GAGES OPTION

TOTAL 1+2 STATIC AND DYNAMIC TEST WITHOUT STRAIN GAGESTOTAL 1+2 STATIC AND DYNAMIC TEST WITH STRAIN GAGESNOTE INSERT OPTION FOR STRAING GAGES ON MAIN BEAMS

STATIC AND DYNAMIC LOAD TEST GE UNIT PRICE Unit TOTALTOTAL 1 STATIC TESTTOTAL 2 DYNAMIC TESTSTRAIN GAGES OPTION

TOTAL 1+2 STATIC AND DYNAMIC TEST WITHOUT STRAIN GAGESTOTAL 1+2 STATIC AND DYNAMIC TEST WITH STRAIN GAGESNOTE INSERT OPTION FOR STRAING GAGES ON MAIN BEAMS

C) STATIC AND DYNAMIC TEST GUADALUPE BRIDGE (EXISTING TRAIN+DALIAN TRAIN)

D) STATIC AND DYNAMIC PRESTRESSED VIADUCT ON THE RAMP (STATIC TEST ONLY WITH EXISITING TRAIN -DYNAIMC TEST WITH EXISTING TRAIN AND WITH DALIAN TRAIN)

E) STATIC AND DYNAMIC PRESTRESSED VIADUCT ON THE MAIN ALIGNMENT (STATIC TEST ONLY WITH EXISITING TRAIN -DYNAIMC TEST WITH EXISTING TRAIN AND WITH DALIAN TRAIN).

STATIC AND DYNAMIC LOAD TESTS FOR BRIDGES