PHILIPPINE BIDDING DOCUMENTS

(As Harmonized with Development Partners)

Procurement of
INFRASTRUCTURE
PROJECTS
Government of the Republic of the Philippines

Fifth Edition
August 2016
 Preface
These Philippine Bidding Documents (PBDs) for the procurement of Infrastructure
Projects (hereinafter referred to also as the “Works”) through Competitive Bidding have been
prepared by the Government of the Philippines (GoP) for use by all branches, agencies,
departments, bureaus, offices, or instrumentalities of the Government, including government-
owned and/or -controlled corporations (GOCCs), government financial institutions (GFIs),
state universities and colleges (SUCs), local government units (LGUs), and autonomous
regional government. The procedures and practices presented in this document have been
developed through broad experience, and are for mandatory1 use in projects that are financed
in whole or in part by the GoP or any foreign government/foreign or international financing
institution in accordance with the provisions of the 2016 Revised Implementing Rules and
Regulations (IRR) of Republic Act No. 9184 (R. A. 9184).

This PBDs is intended as a model for admeasurements (unit prices or unit rates in a
bill of quantities) types of contract, which are the most common in Works contracting.

The Bidding Documents shall clearly and adequately define, among others: (a) the
objectives, scope, and expected outputs and/or results of the proposed contract; (b) the
eligibility requirements of Bidders; (c) the expected contract duration; and (d) the obligations,
duties, and/or functions of the winning bidder.

In order to simplify the preparation of the Bidding Documents for each procurement,
the PBDs groups the provisions that are intended to be used unchanged in Section II.
Instructions to Bidders (ITB) and in Section IV. General Conditions of Contract (GCC). Data
and provisions specific to each procurement and contract should be included in

Section III. Bid Data Sheet (BDS); Section V. Special Conditions of Contract (SCC);
Section VI. Specifications; Section VII. Drawings; Section VIII. Bill of Quantities; and
Section X. Foreign-Assisted Projects. The forms to be used are provided in Section IX.
Bidding Forms.

1 Unless the Treaty or International or Executive Agreement expressly provides use of foreign
government/foreign or international financing institution procurement guidelines.

2
 Care should be taken to check the relevance of the provisions of the Bidding
Documents against the requirements of the specific Works to be procured. In addition, each
section is prepared with notes intended only as information for the Procuring Entity or the
person drafting the Bidding Documents. They shall not be included in the final documents,
except for the notes introducing Section IX. Bidding Forms, where the information is useful
for the Bidder. The following general directions should be observed when using the
documents:

(a) All the documents listed in the Table of Contents are normally required for the
procurement of Infrastructure Project. However, they should be adapted as
necessary to the circumstances of the particular Project.

(b) Specific details, such as the “name of the Procuring Entity” and “address for
proposal submission,” should be furnished in the BDS and SCC. The final
documents should contain neither blank spaces nor options.

(c) This Preface and the footnotes or notes in italics included in the Invitation to
Bid, BDS, SCC, Specifications, Drawings, and Bill of Quantities are not part
of the text of the final document, although they contain instructions that the
Procuring Entity should strictly follow. The Bidding Documents should
contain no footnotes except Section IX. Bidding Forms since these provide
important guidance to Bidders.

(d) The cover should be modified as required to identify the Bidding Documents
as to the names of the Project, Contract, and Procuring Entity, in addition to
date of issue.

(e) If modifications must be made to bidding procedures, they can be presented in

the BDS. Modifications for specific Project or Contract details should be
provided in the SCC as amendments to the Conditions of Contract. For easy
completion, whenever reference has to be made to specific clauses in the BDS
or SCC these terms shall be printed in bold type face on Section II.
Instructions to Bidders, and Section IV. General Conditions of Contract,
respectively.

3
 TABLE OF CONTENTS

SECTION I. INVITATION TO BID ........................................................................5

SECTION II. INSTRUCTIONS TO BIDDERS ..........................................................8
SECTION III. BID DATA SHEET ....................................................................... 38
SECTION IV. GENERAL CONDITIONS OF CONTRACT ...................................... 43
SECTION V. SPECIAL CONDITIONS OF CONTRACT .......................................... 76
SECTION VI. SPECIFICATIONS ........................................................................ 79
SECTION VII. DRAWINGS ............................................................................. 136
SECTION VIII. BILL OF QUANTITIES ............................................................ 137
SECTION IX. BIDDING FORMS ...................................................................... 140
SECTION X. FOREIGN-ASSISTED PROJECTS ERROR! BOOKMARK NOT DEFINED.

4
Section I. Invitation to Bid

5
 Republic of the Philippines
Province of Surigao del Norte
Municipality of Gigaquit
Invitation to Bid for Local Access Road-Upgrading of
Villafranca-Bayasugao Farm to Market Road

1. The Municipal Local Government Unit of Gigaquit, through the Local Government
Support Fund (LGSF) FY 2020 intends to apply the sum of Seven Million Pesos (Php
7,000,000.00) being the Approved Budget for the Contract (ABC) to payments under
the contract for Local Access Road-Upgrading of Villafranca-Bayasugao Farm to
Market Road. Bids received in excess of the ABC shall be automatically rejected at bid
opening.

2. The Municipal Local Government Unit of Gigaquit now invites bids for Local Access
Road-Upgrading of Villafranca-Bayasugao Farm to Market Road. Completion of the
Works is required One Hundred Twenty (120) Calendar Dayss. Bidders should have
completed a contract similar to the Project. The description of an eligible bidder is
contained in the Bidding Documents, particularly, in Section II. Instructions to
Bidders.

3. Bidding will be conducted through open competitive bidding procedures using non-
discretionary “pass/fail” criterion as specified in the 2016 Revised Implementing Rules
and Regulations (IRR) of Republic Act 9184 (RA 9184), otherwise known as the
“Government Procurement Reform Act.”

Bidding is restricted to Filipino citizens/sole proprietorships, cooperatives, and

partnerships or organizations with at least seventy five percent (75%) interest or
outstanding capital stock belonging to citizens of the Philippines.

4. Interested bidders may obtain further information from Bids and Awards Committee
Office, Gigaquit Municipal Hall Building, Ipil, Gigaquit, Surigao del Norte and inspect
the Bidding Documents at the address given below from 9:00 A.M.to 4:00 P.M.

5. A complete set of Bidding Documents may be acquired by interested bidders on

January 6, 2021 to February 5, 2021 from the address below and upon payment of the
applicable fee for the Bidding Documents, pursuant to the latest Guidelines issued by
the GPPB, in the amount of Ten Thousand Pesos (Php 10,000.00).

It may also be downloaded free of charge from the website of the Philippine
Government Electronic Procurement System (PhilGEPS) and the website of the
Procuring Entity, provided that bidders shall pay the applicable fee for the Bidding
Documents not later than the submission of their bids.

6. The Municipal Local Government Unit of Gigaquit will hold a Pre-Bid Conference on
January 26, 2021, 10:00 A.M. at 2nd Floor, Gigaquit Municipal Hall Building, Ipil,
Gigaquit,Surigao del Norte, which shall be open to prospective bidders.

6
7. Bids must be duly received by the BAC Secretariat at the address below on or before
January 8, 2021, 10:00 A.M.. All bids must be accompanied by a bid security in any of
the acceptable forms and in the amount stated in ITB Clause.

Bid opening shall be on February 8, 2021 at 2nd Floor, Gigaquit Municipal Hall
Building, Ipil, Gigaquit, Surigao del Norte. Bids will be opened in the presence of the
bidders’ representatives who choose to attend at the address below. Late bids shall not
be accepted.

8. The Municipal Local Government Unit of Gigaquit reserves the right to reject any and
all bids, declare a failure of bidding, or not award the contract at any time prior to
contract award in accordance with Section 41 of RA 9184 and its IRR, without
thereby incurring any liability to the affected bidder or bidders.

9. For further information, please refer to:

Engr. Restituto E. Mira, Jr.

Bids and Awards Committee
Municipal Hall Building, Ipil, Gigaquit, Surigao del Norte
Cellphone Number: 0948-388-9739
E-mail Address: [email protected]

Engr. Restituto E. Mira, Jr.

BAC Chairman

7
Section II. Instructions to Bidders

8
 TABLE OF CONTENTS
A. GENERAL ................................................................................................... 11
1. Scope of Bid ............................................................................................................11
2. Source of Funds.......................................................................................................11
3. Corrupt, Fraudulent, Collusive, Coercive, and Obstructive Practices ....................11
4. Conflict of Interest ..................................................................................................13
5. Eligible Bidders.......................................................................................................14
6. Bidder’s Responsibilities ........................................................................................15
7. Origin of GOODS and Services ..............................................................................18
8. Subcontracts ............................................................................................................18
B. CONTENTS OF BIDDING DOCUMENTS ........................................................ 18
9. Pre-Bid Conference .................................................................................................18
10. Clarification and Amendment of Bidding Documents............................................19
C. PREPARATION OF BIDS .............................................................................. 19
11. Language of Bids ....................................................................................................19
12. Documents Comprising the Bid: Eligibility and Technical Components ...............20
13. Documents Comprising the Bid: Financial Component .........................................22
14. Alternative Bids ......................................................................................................23
15. Bid Prices ................................................................................................................23
16. Bid Currencies.........................................................................................................24
17. Bid Validity .............................................................................................................24
18. Bid Security.............................................................................................................24
19. Format and Signing of Bids ....................................................................................27
20. Sealing and Marking of Bids...................................................................................27
D. SUBMISSION AND OPENING OF BIDS .......................................................... 28
21. Deadline for Submission of Bids ............................................................................28
22. Late Bids .................................................................................................................28
23. Modification and Withdrawal of Bids.....................................................................28
24. Opening and Preliminary Examination of Bids ......................................................29
E. EVALUATION AND COMPARISON OF BIDS .................................................. 31
25. Process to be Confidential.......................................................................................31
26. Clarification of Bids ................................................................................................31
27. Detailed Evaluation and Comparison of Bids .........................................................31
28. Post Qualification ....................................................................................................32

9
 29. Reservation Clause ..................................................................................................33
F. AWARD OF CONTRACT .............................................................................. 34
30. Contract Award .......................................................................................................34
31. Signing of the Contract ...........................................................................................35
32. Performance Security ..............................................................................................36
33. Notice to Proceed ....................................................................................................37
34. Protest Mechanism………………………………………………………………..36

10
 A. General

1. Scope of Bid
1.1. The Procuring Entity named in the BDS, invites bids for the construction of
Works, as described in Section VI. Specifications.

1.2. The name, identification, and number of lots specific to this bidding are
provided in the BDS. The contracting strategy and basis of evaluation of lots is
described in ITB Clause 27.

1.3. The successful Bidder will be expected to complete the Works by the intended
completion date specified in SCC Clause 1.17.

2. Source of Funds
The Procuring Entity has a budget or received funds from the Funding Source named
in the BDS, and in the amount indicated in the BDS. It intends to apply part of the
funds received for the Project, as defined in the BDS, to cover eligible payments
under the Contract for the Works.

3. Corrupt, Fraudulent, Collusive, Coercive, and Obstructive Practices

3.1. Unless otherwise specified in the BDS, the Procuring Entity, as well as bidders
and contractors, shall observe the highest standard of ethics during the
procurement and execution of the contract. In pursuance of this policy, the
Funding Source:

(a) defines, for purposes of this provision, the terms set forth below as
follows:

(i) "corrupt practice" means behavior on the part of officials in the

public or private sectors by which they improperly and
unlawfully enrich themselves, others, or induce others to do so,
by misusing the position in which they are placed, and includes
the offering, giving, receiving, or soliciting of anything of value
to influence the action of any such official in the procurement
process or in contract execution; entering, on behalf of the
Procuring Entity, into any contract or transaction manifestly
and grossly disadvantageous to the same, whether or not the
public officer profited or will profit thereby, and similar acts as
provided in Republic Act 3019;

(ii) "fraudulent practice" means a misrepresentation of facts in

order to influence a procurement process or the execution of a
contract to the detriment of the Procuring Entity, and includes
collusive practices among Bidders (prior to or after Bid
submission) designed to establish bid prices at artificial, non-
competitive levels and to deprive the Procuring Entity of the
benefits of free and open competition;

11
 (iii) “collusive practices” means a scheme or arrangement between
two or more Bidders, with or without the knowledge of the
Procuring Entity, designed to establish bid prices at artificial,
non-competitive levels; and

(iv) “coercive practices” means harming or threatening to harm,

directly or indirectly, persons, or their property to influence
their participation in a procurement process, or affect the
execution of a contract;

(v) “obstructive practice” is

(aa) deliberately destroying, falsifying, altering or

concealing of evidence material to an administrative
proceedings or investigation or making false statements
to investigators in order to materially impede an
administrative proceedings or investigation of the
Procuring Entity or any foreign government/foreign or
international financing institution into allegations of a
corrupt, fraudulent, coercive or collusive practice;
and/or threatening, harassing or intimidating any party
to prevent it from disclosing its knowledge of matters
relevant to the administrative proceedings or
investigation or from pursuing such proceedings or
investigation; or

(bb) acts intended to materially impede the exercise of the

inspection and audit rights of the Procuring Entity or
any foreign government/foreign or international
financing institution herein.

(b) will reject a proposal for award if it determines that the Bidder
recommended for award has engaged in corrupt or fraudulent practices
in competing for the Contract; and

(c) will declare a firm ineligible, either indefinitely or for a stated period
of time, to be awarded Contract funded by the Funding Source if it at
any time determines that the firm has engaged in corrupt or fraudulent
practices in competing or, or in executing, a Contract funded by the
Funding Source.

3.2. Further, the Procuring Entity will seek to impose the maximum civil,
administrative, and/or criminal penalties available under the applicable laws
on individuals and organizations deemed to be involved in any of the practices
mentioned in ITB Clause 3.1(a).

3.3. Furthermore, the Funding Source and the Procuring Entity reserve the right to
inspect and audit records and accounts of a contractor in the bidding for and
performance of a contract themselves or through independent auditors as
reflected in the GCC Clause 34.

12
4. Conflict of Interest
4.1. All Bidders found to have conflicting interests shall be disqualified to
participate in the procurement at hand, without prejudice to the imposition of
appropriate administrative, civil, and criminal sanctions. A Bidder may be
considered to have conflicting interests with another Bidder in any of the
events described in paragraphs (a) through (c) and a general conflict of interest
in any of the circumstances set out in paragraphs (d) through (g) below:

(a) A Bidder has controlling shareholders in common with another Bidder;

(b) A Bidder receives or has received any direct or indirect subsidy from
any other Bidder;

(c) A Bidder has the same legal representative as that of another Bidder
for purposes of this Bid;

(d) A Bidder has a relationship, directly or through third parties, that puts
them in a position to have access to information about or influence on
the bid of another Bidder or influence the decisions of the Procuring
Entity regarding this bidding process;

(e) A Bidder submits more than one bid in this bidding process. However,
this does not limit the participation of subcontractors in more than one
bid;

(f) A Bidder who participated as a consultant in the preparation of the

design or technical specifications of the goods and related services that
are the subject of the bid; or

(g) A Bidder who lends, or temporarily seconds, its personnel to firms or

organizations which are engaged in consulting services for the
preparation related to procurement for or implementation of the
project, if the personnel would be involved in any capacity on the same
project.

4.2. In accordance with Section 47 of the IRR of RA 9184, all Bidding Documents
shall be accompanied by a sworn affidavit of the Bidder that it is not related to
the Head of the Procuring Entity (HoPE), members of the Bids and Awards
Committee (BAC), members of the Technical Working Group (TWG),
members of the BAC Secretariat, the head of the Project Management Office
(PMO) or the end-user unit, and the project consultants, by consanguinity or
affinity up to the third civil degree. On the part of the Bidder, this Clause shall
apply to the following persons:

(a) If the Bidder is an individual or a sole proprietorship, to the Bidder

himself;

(b) If the Bidder is a partnership, to all its officers and members;

13
 (c) If the Bidder is a corporation, to all its officers, directors, and
controlling stockholders;

(d) If the Bidder is a cooperative, to all its officers, directors, and

controlling shareholders or members; and

(e) If the Bidder is a joint venture (JV), the provisions of items (a), (b), (c)
or (d) of this Clause shall correspondingly apply to each of the
members of the said JV, as may be appropriate.

Relationship of the nature described above or failure to comply with this

Clause will result in the automatic disqualification of a Bidder.

5. Eligible Bidders
5.1. Unless otherwise indicated in the BDS, the following persons shall be eligible
to participate in this Bidding:

(a) Duly licensed Filipino citizens/sole proprietorships;

(b) Partnerships duly organized under the laws of the Philippines and of
which at least seventy five percent (75%) of the interest belongs to
citizens of the Philippines;

(c) Corporations duly organized under the laws of the Philippines, and of
which at least seventy five percent (75%) of the outstanding capital
stock belongs to citizens of the Philippines;

(d) Cooperatives duly organized under the laws of the Philippines.

(e) 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: Provided, however, that,
in accordance with Letter of Instructions No. 630, Filipino ownership
or interest of the joint venture concerned shall be at least seventy five
percent (75%): Provided, further, that joint ventures in which Filipino
ownership or interest is less than seventy five percent (75%) may be
eligible where the structures to be built require the application of
techniques and/or technologies which are not adequately possessed by
a person/entity meeting the seventy five percent (75%) Filipino
ownership requirement: Provided, finally, that in the latter case,
Filipino ownership or interest shall not be less than twenty five percent
(25%). For this purpose, Filipino ownership or interest shall be based
on the contributions of each of the members of the joint venture as
specified in their JVA.

5.2. The Procuring Entity may also invite foreign bidders when provided for under
any Treaty or International or Executive Agreement as specified in the BDS.

5.3. Government owned or controlled corporations (GOCCs) may be eligible to

participate only if they can establish that they (a) are legally and financially

14
 autonomous, (b) operate under commercial law, and (c) are not attached
agencies of the Procuring Entity.

5.4. (a) The Bidder must have an experience of having completed a Single Largest
Completed Contract (SLCC) that is similar to this Project, equivalent to at
least fifty percent (50%) of the ABC adjusted, if necessary, by the Bidder to
current prices using the Philippine Statistics Authority (PSA) consumer price
index. However, contractors under Small A and Small B categories without
similar experience on the contract to be bid may be allowed to bid if the cost
of such contract is not more than the Allowable Range of Contract Cost
(ARCC) of their registration based on the guidelines as prescribed by the
PCAB.

(b) For Foreign-funded Procurement, the Procuring Entity and the foreign
government/foreign or international financing institution may agree on another
track record requirement, as specified in the BDS.

For this purpose, contracts similar to the Project shall be those described in the
BDS.

5.5. The Bidder must submit a computation of its Net Financial Contracting
Capacity (NFCC), which must be at least equal to the ABC to be bid,
calculated as follows:

NFCC = [(Current assets minus current liabilities) (15)] minus the value of
all outstanding or uncompleted portions of the projects under ongoing
contracts, including awarded contracts yet to be started coinciding with the
contract for this Project.

The values of the domestic bidder’s current assets and current liabilities shall
be based on the latest Audited Financial Statements (AFS) submitted to the
BIR.

For purposes of computing the foreign bidders’ NFCC, the value of the current
assets and current liabilities shall be based on their audited financial
statements prepared in accordance with international financial reporting
standards.

6. Bidder’s Responsibilities
6.1. The Bidder or its duly authorized representative shall submit a sworn
statement in the form prescribed in Section IX. Bidding Forms as required in
ITB Clause 12.1(b)(iii).

6.2. The Bidder is responsible for the following:

(a) Having taken steps to carefully examine all of the Bidding

Documents;

(b) Having acknowledged all conditions, local or otherwise, affecting the

implementation of the contract;

15
(c) Having made an estimate of the facilities available and needed for the
contract to be bid, if any;

(d) Having complied with its responsibility to inquire or secure

Supplemental/Bid Bulletin/s as provided under ITB Clause 10.4.

(e) Ensuring that it is not “blacklisted” or barred from bidding by the GoP
or any of its agencies, offices, corporations, or LGUs, including
foreign government/foreign or international financing institution whose
blacklisting rules have been recognized by the GPPB;

(f) Ensuring that 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;

(g) Authorizing the HoPE or its duly authorized representative/s to verify

all the documents submitted;

(h) Ensuring that the signatory is the duly authorized representative of the
Bidder, and 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, accompanied by the duly
notarized Special Power of Attorney, Board/Partnership Resolution, or
Secretary’s Certificate, whichever is applicable;

(i) Complying with the disclosure provision under Section 47 of RA 9184

and its IRR in relation to other provisions of RA 3019;

(j) Complying with existing labor laws and standards, in the case of
procurement of services. Moreover, bidder undertakes to:

(i) Ensure the entitlement of workers to wages, hours of work,

safety and health and other prevailing conditions of work as
established by national laws, rules and regulations; or collective
bargaining agreement; or arbitration award, if and when
applicable.

In case there is a finding by the Procuring Entity or the DOLE

of underpayment or non-payment of workers’ wage and wage-
related benefits, bidder agrees that the performance security or
portion of the contract amount shall be withheld in favor of the
complaining workers pursuant to appropriate provisions of
Republic Act No. 9184 without prejudice to the institution of
appropriate actions under the Labor Code, as amended, and
other social legislations.

(ii) Comply with occupational safety and health standards and to

correct deficiencies, if any.

16
 In case of imminent danger, injury or death of the worker,
bidder undertakes to suspend contract implementation pending
clearance to proceed from the DOLE Regional Office and to
comply with Work Stoppage Order; and

(iii) Inform the workers of their conditions of work, labor clauses

under the contract specifying wages, hours of work and other
benefits under prevailing national laws, rules and regulations;
or collective bargaining agreement; or arbitration award, if and
when applicable, through posting in two (2) conspicuous places
in the establishment’s premises; and

(k) Ensuring that it 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;

Failure to observe any of the above responsibilities shall be at the risk of the
Bidder concerned.

6.3. The Bidder, by the act of submitting its bid, shall be deemed to have inspected
the site, determined the general characteristics of the contract works and the
conditions for this Project and examine all instructions, forms, terms, and
project requirements in the Bidding Documents.

6.4. It shall be the sole responsibility of the prospective bidder to determine and to
satisfy itself by such means as it considers necessary or desirable as to all
matters pertaining to this Project, including: (a) the location and the nature of
the contract, project, or work; (b) climatic conditions; (c) transportation
facilities; (c) nature and condition of the terrain, geological conditions at the
site communication facilities, requirements, location and availability of
construction aggregates and other materials, labor, water, electric power and
access roads; and (d) other factors that may affect the cost, duration and
execution or implementation of the contract, project, or work.

6.5. The Procuring Entity shall not assume any responsibility regarding erroneous
interpretations or conclusions by the prospective or eligible bidder out of the
data furnished by the procuring entity. However, the Procuring Entity shall
ensure that all information in the Bidding Documents, including
supplemental/bid bulletins issued are correct and consistent.

6.6. Before submitting their bids, the Bidders are deemed to have become familiar
with all existing laws, decrees, ordinances, acts and regulations of the
Philippines which may affect the contract in any way.

6.7. The Bidder shall bear all costs associated with the preparation and submission
of his bid, and the Procuring Entity will in no case be responsible or liable for
those costs, regardless of the conduct or outcome of the bidding process.

6.8. The Bidder should note that the Procuring Entity will accept bids only from
those that have paid the applicable fee for the Bidding Documents at the office
indicated in the Invitation to Bid.

17
7. Origin of Goods and Services
There is no restriction on the origin of Goods, or Contracting of Works or Services
other than those prohibited by a decision of the United Nations Security Council taken
under Chapter VII of the Charter of the United Nations.

8. Subcontracts
8.1. Unless otherwise specified in the BDS, the Bidder may subcontract portions of
the Works to an extent as may be approved by the Procuring Entity and stated
in the BDS. However, subcontracting of any portion shall not relieve the
Bidder from any liability or obligation that may arise from the contract for this
Project.

8.2. Subcontractors must submit the documentary requirements under ITB Clause
12 and comply with the eligibility criteria specified in the BDS. In the event
that any subcontractor is found by the Procuring Entity to be ineligible, the
subcontracting of such portion of the Works shall be disallowed.

8.3. The Bidder may identify the subcontractor to whom a portion of the Works
will be subcontracted at any stage of the bidding process or during contract
implementation. If the Bidder opts to disclose the name of the subcontractor
during bid submission, the Bidder shall include the required documents as part
of the technical component of its bid.

B. Contents of Bidding Documents

9. Pre-Bid Conference
9.1. (a) If so specified in the BDS, a pre-bid conference shall be held at the venue
and on the date indicated therein, to clarify and address the Bidders’ questions
on the technical and financial components of this Project.

(b) The pre-bid conference shall be held at least twelve (12) calendar days
before the deadline for the submission of and receipt of bids, but not earlier
than seven (7) calendar days from the posting of the Invitation to Bid/Bidding
Documents in the PhilGEPS website. If the Procuring Entity determines that,
by reason of the method, nature, or complexity of the contract to be bid, or
when international participation will be more advantageous to the GoP, a
longer period for the preparation of bids is necessary, the pre-bid conference
shall be held at least thirty (30) calendar days before the deadline for the
submission and receipt of bids, as specified in the BDS.

9.2. Bidders are encouraged to attend the pre-bid conference to ensure that they
fully understand the Procuring Entity’s requirements. Non-attendance of the
Bidder will in no way prejudice its bid; however, the Bidder is expected to
know the changes and/or amendments to the Bidding Documents as recorded
in the minutes of the pre-bid conference and the Supplemental/Bid Bulletin.
The minutes of the pre-bid conference shall be recorded and prepared not later
than five (5) calendar days after the pre-bid conference. The minutes shall be

18
 made available to prospective bidders not later than five (5) days upon written
request.

9.3. Decisions of the BAC amending any provision of the bidding documents shall
be issued in writing through a Supplemental/Bid Bulletin at least seven (7)
calendar days before the deadline for the submission and receipt of bids.

10. Clarification and Amendment of Bidding Documents

10.1. Prospective bidders may request for clarification(s) on and/or interpretation of
any part of the Bidding Documents. Such a request must be in writing and
submitted to the Procuring Entity at the address indicated in the BDS at least
ten (10) calendar days before the deadline set for the submission and receipt of
Bids.

10.2. The BAC shall respond to the said request by issuing a Supplemental/Bid
Bulletin, to be made available to all those who have properly secured the
Bidding Documents, at least seven (7) calendar days before the deadline for
the submission and receipt of Bids.

10.3. Supplemental/Bid Bulletins may also be issued upon the Procuring Entity’s
initiative for purposes of clarifying or modifying any provision of the Bidding
Documents not later than seven (7) calendar days before the deadline for the
submission and receipt of Bids. Any modification to the Bidding Documents
shall be identified as an amendment.

10.4. Any Supplemental/Bid Bulletin issued by the BAC shall also be posted in the
PhilGEPS and the website of the Procuring Entity concerned, if available, and
at any conspicuous place in the premises of the Procuring Entity concerned. It
shall be the responsibility of all Bidders who have properly secured the
Bidding Documents to inquire and secure Supplemental/Bid Bulletins that
may be issued by the BAC. However, Bidders who have submitted bids before
the issuance of the Supplemental/Bid Bulletin must be informed and allowed
to modify or withdraw their bids in accordance with ITB Clause 23.

C. Preparation of Bids

11. Language of Bids

The eligibility requirements or statements, the bids, and all other documents to be
submitted to the BAC must be in English. If the eligibility requirements or statements,
the bids, and all other documents submitted to the BAC are in foreign language other
than English, it must be accompanied by a translation of the documents in English.
The documents shall be translated by the relevant foreign government agency, the
foreign government agency authorized to translate documents, or a registered
translator in the foreign bidder’s country; and shall 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. The English
translation shall govern, for purposes of interpretation of the bid.

19
12. Documents Comprising the Bid: Eligibility and Technical
Components
12.1. Unless otherwise indicated in the BDS, the first envelope shall contain the
following eligibility and technical documents:

(a) Eligibility Documents –

Class “A” Documents

(i) PhilGEPS Certificate of Registration and Membership in

accordance with Section 8.5.2 of the IRR, except for foreign
bidders participating in the procurement by a Philippine Foreign
Service Office or Post, which shall submit their eligibility
documents under Section 23.1 of the IRR, provided, that the
winning bidder shall register with the PhilGEPS in accordance
with Section 37.1.4 of the IRR;

(ii) Statement of all its ongoing government and private contracts,

including contracts awarded but not yet started, if any, whether
similar or not similar in nature and complexity to the contract to
be bid; and

Statement of the Bidder’s SLCC similar to the contract to be

bid, in accordance with ITB Clause 5.4.

The two statements required shall indicate for each contract the
following:

(ii.1) name of the contract;

(ii.2) date of the contract;

(ii.3) contract duration;

(ii.4) owner’s name and address;

(ii.5) nature of work;

(ii.6) contractor’s role (whether sole contractor,

subcontractor, or partner in a JV) and percentage of
participation;

(ii.7) total contract value at award;

(ii.8) date of completion or estimated completion time;

(ii.9) total contract value at completion, if applicable;

(ii.10) percentages of planned and actual accomplishments, if

applicable; and

20
 (ii.11) value of outstanding works, if applicable.

The statement of the Bidder’s SLCC shall be supported by the

Notice of Award and/or Notice to Proceed, Project Owner’s
Certificate of Final Acceptance issued by the Owner other than
the Contractor or the Constructors Performance Evaluation
System (CPES) Final Rating, which must be at least
satisfactory. In case of contracts with the private sector, an
equivalent document shall be submitted;

(iii) Unless otherwise provided in the BDS, a valid special PCAB

License in case of joint ventures, and registration for the type
and cost of the contract for this Project; and

(iv) NFCC computation in accordance with ITB Clause 5.5.

Class “B” Documents

(v) If applicable, Joint Venture Agreement (JVA) in accordance

with RA 4566.

(b) Technical Documents –

(i) Bid security in accordance with ITB Clause 18. If the Bidder
opts to submit the bid security in the form of:

(i.1) a bank draft/guarantee or an irrevocable letter of credit

issued by a foreign bank, it shall be accompanied by a
confirmation from a Universal or Commercial Bank; or

(i.2) a surety bond accompanied by a certification coming

from the Insurance Commission that the surety or
insurance company is authorized to issue such
instruments.

(ii) Project Requirements, which shall include the following:

(ii.1) Organizational chart for the contract to be bid;

(ii.2) List of contractor’s personnel (e.g., Project Manager,

Project Engineers, Materials Engineers, and Foremen),
to be assigned to the contract to be bid, with their
complete qualification and experience data. These
personnel must meet the required minimum years of
experience set in the BDS; and

(ii.3) List of contractor’s major equipment units, which are

owned, leased, and/or under purchase agreements,
supported by proof of ownership, certification of
availability of equipment from the equipment
lessor/vendor for the duration of the project, as the case

21
 may be, which must meet the minimum requirements
for the contract set in the BDS; and

(iii) Sworn statement in accordance with Section 25.3 of the IRR of

RA 9184 and using the form prescribed in Section IX. Bidding
Forms.

13. Documents Comprising the Bid: Financial Component

13.1. Unless otherwise stated in the BDS, the financial component of the bid shall
contain the following:

(a) Financial Bid Form, which includes bid prices and the bill of
quantities, in accordance with ITB Clauses 15.1 and 15.3; and

(b) Any other document related to the financial component of the bid as
stated in the BDS.

13.2. (a) Unless otherwise stated in the BDS, all Bids that exceed the ABC shall
not be accepted.

(b) Unless otherwise indicated in the BDS, for foreign-funded

procurement, a ceiling may be applied to bid prices provided the
following conditions are met:

(i) Bidding Documents are obtainable free of charge on a freely

accessible website. If payment of Bidding Documents is required
by the procuring entity, payment could be made upon the
submission of bids.

(ii) The procuring entity has procedures in place to ensure that the
ABC is based on recent estimates made by the engineer or the
responsible unit of the procuring entity and that the estimates are
based on adequate detailed engineering (in the case of
infrastructure projects) and reflect the quality, supervision and
risk and inflationary factors, as well as prevailing market prices,
associated with the types of works or goods to be procured.

(iii) The procuring entity has trained cost estimators on estimating

prices and analyzing bid variances. In the case of infrastructure
projects, the procuring entity must also have trained quantity
surveyors.

(iv) The procuring entity has established a system to monitor and

report bid prices relative to ABC and engineer’s/procuring
entity’s estimate.

(v) The procuring entity has established a monitoring and evaluation

system for contract implementation to provide a feedback on
actual total costs of goods and works.

22
14. Alternative Bids
14.1. Alternative Bids shall be rejected. For this purpose, alternative bid is an offer
made by a Bidder in addition or as a substitute to its original bid which may be
included as part of its original bid or submitted separately therewith for
purposes of bidding. A bid with options is considered an alternative bid
regardless of whether said bid proposal is contained in a single envelope or
submitted in two (2) or more separate bid envelopes.

14.2. Bidders shall submit offers that comply with the requirements of the Bidding
Documents, including the basic technical design as indicated in the drawings
and specifications. Unless there is a value engineering clause in the BDS,
alternative bids shall not be accepted.

14.3. Each Bidder shall submit only one Bid, either individually or as a partner in a
JV. A Bidder who submits or participates in more than one bid (other than as
a subcontractor if a subcontractor is permitted to participate in more than one
bid) will cause all the proposals with the Bidder’s participation to be
disqualified. This shall be without prejudice to any applicable criminal, civil
and administrative penalties that may be imposed upon the persons and
entities concerned.

15. Bid Prices

15.1. The contract shall be for the whole Works, as described in ITB Clause 1.1,
based on the priced Bill of Quantities submitted by the Bidder.

15.2. The Bidder shall fill in rates and prices for all items of the Works described in
the Bill of Quantities. Bids not addressing or providing all of the required
items in the Bidding Documents including, where applicable, Bill of
Quantities, shall be considered non-responsive and, thus, automatically
disqualified. In this regard, where a required item is provided, but no price is
indicated, the same shall be considered as non-responsive, but specifying a
zero (0) or a dash (-) for the said item would mean that it is being offered for
free to the Government, except those required by law or regulations to be
provided for.

15.3. All duties, taxes, and other levies payable by the Contractor under the
Contract, or for any other cause, prior to the deadline for submission of bids,
shall be included in the rates, prices, and total bid price submitted by the
Bidder.

15.4. All bid prices for the given scope of work in the contract as awarded shall be
considered as fixed prices, and therefore not subject to price escalation during
contract implementation, except under extraordinary circumstances as
specified in GCC Clause 48. Upon the recommendation of the Procuring
Entity, price escalation may be allowed in extraordinary circumstances as may
be determined by the National Economic and Development Authority in
accordance with the Civil Code of the Philippines, and upon approval by the
GPPB. Furthermore, in cases where the cost of the awarded contract is
affected by any applicable new laws, ordinances, regulations, or other acts of

23
 the GoP, promulgated after the date of bid opening, a contract price
adjustment shall be made or appropriate relief shall be applied on a no loss-no
gain basis.

16. Bid Currencies

16.1. All bid prices shall be quoted in Philippine Pesos unless otherwise provided in
the BDS. However, for purposes of bid evaluation, bids denominated in
foreign currencies shall be converted to Philippine currency based on the
exchange rate prevailing on the day of the Bid Opening.

16.2. If so allowed in accordance with ITB Clause 16.1, the Procuring Entity for
purposes of bid evaluation and comparing the bid prices will convert the
amounts in various currencies in which the bid price is expressed to Philippine
Pesos at the exchange rate as published in the Bangko Sentral ng Pilipinas
(BSP) reference rate bulletin on the day of the bid opening.

16.3. Unless otherwise specified in the BDS, payment of the contract price shall be
made in Philippine Pesos.

17. Bid Validity

17.1. Bids shall remain valid for the period specified in the BDS which shall not
exceed one hundred twenty (120) calendar days from the date of the opening
of bids.

17.2. In exceptional circumstances, prior to the expiration of the bid validity period,
the Procuring Entity may request Bidders to extend the period of validity of
their bids. The request and the responses shall be made in writing. The bid
security described in ITB Clause 18 should also be extended corresponding to
the extension of the bid validity period at the least. A Bidder may refuse the
request without forfeiting its bid security, but his bid shall no longer be
considered for further evaluation and award. A Bidder granting the request
shall not be required or permitted to modify its bid.

18. Bid Security

18.1. The Bidder shall submit a Bid Securing Declaration or any form of Bid
Security in an amount stated in the BDS, which shall be not less than the
percentage of the ABC in accordance with the following schedule:

Amount of Bid Security

Form of Bid Security (Not less than the Percentage of
the ABC)
(a) Cash or cashier’s/manager’s
check issued by a Universal or
Commercial Bank.
Two percent (2%)
For biddings conducted by
LGUs, the cashier’s/manager’s
check may be issued by other

24
 banks certified by the BSP as
authorized to issue such financial
instrument.

(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

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
Five percent (5%)
by the Insurance Commission as
authorized to issue such security;
and/or

The Bid Securing Declaration mentioned above is an undertaking which

states, among others, that the Bidder shall enter into contract with the
procuring entity and furnish the performance security required under ITB
Clause 32.2, within ten (10) calendar days from receipt of the Notice of
Award, and commits to pay the corresponding amount as fine, and be
suspended for a period of time from being qualified to participate in any
government procurement activity in the event it violates any of the conditions
stated therein as provided in the guidelines issued by the GPPB.

18.2. The bid security should be valid for the period specified in the BDS. Any bid
not accompanied by an acceptable bid security shall be rejected by the
Procuring Entity as non-responsive.

18.3. No bid securities shall be returned to Bidders after the opening of bids and
before contract signing, except to those that failed or declared as post-
disqualified, upon submission of a written waiver of their right to file a request
for reconsideration and/or protest, or lapse of the reglementary period without
having filed a request for reconsideration or protest. Without prejudice on its
forfeiture, Bid Securities shall be returned only after the Bidder with the
Lowest Calculated Responsive Bid (LCRB) has signed the contract and
furnished the Performance Security, but in no case later than the expiration of
the Bid Security validity period indicated in ITB Clause 18.2.

25
18.4. Upon signing and execution of the contract, pursuant to ITB Clause 31, and
the posting of the performance security, pursuant to ITB Clause 32, the
successful Bidder’s Bid Security will be discharged, but in no case later than
the Bid Security validity period as indicated in ITB Clause 18.2.

18.5. The bid security may be forfeited:

(a) if a Bidder:

(i) withdraws its bid during the period of bid validity specified in
ITB Clause 17;

(ii) does not accept the correction of errors pursuant to ITB Clause
27.3(b);

(iii) has a finding against the veracity of the required documents

submitted in accordance with ITB Clause 28.2;

(iv) submission of eligibility requirements containing false

information or falsified documents;

(v) submission of bids that contain false information or falsified

documents, or the concealment of such information in the bids
in order to influence the outcome of eligibility screening or any
other stage of the public bidding;

(vi) allowing the use of one’s name, or using the name of another
for purposes of public bidding;

(vii) withdrawal of a bid, or refusal to accept an award, or enter into

contract with the Government without justifiable cause, after
the Bidder had been adjudged as having submitted the LCRB;

(viii) refusal or failure to post the required performance security

within the prescribed time;

(ix) refusal to clarify or validate in writing its bid during post-

qualification within a period of seven (7) calendar days from
receipt of the request for clarification;

(x) any documented attempt by a Bidder to unduly influence the

outcome of the bidding in his favor;

(xi) failure of the potential joint venture partners to enter into the
joint venture after the bid is declared successful; or

(xii) all other acts that tend to defeat the purpose of the competitive
bidding, such as habitually withdrawing from bidding,
submitting late Bids or patently insufficient bid, for at least
three (3) times within a year, except for valid reasons.

(b) if the successful Bidder:

26
 (i) fails to sign the contract in accordance with ITB Clause 31;

(ii) fails to furnish performance security in accordance with ITB

Clause 32.

19. Format and Signing of Bids

19.1 Bidders shall submit their bids through their duly authorized representative
using the appropriate forms provided in Section IX. Bidding Forms on or
before the deadline specified in the ITB Clause 21 in two (2) separate sealed
bid envelopes, and which shall be submitted simultaneously. The first shall
contain the technical component of the bid, including the eligibility
requirements under ITB Clause 12.1, and the second shall contain the financial
component of the bid. This shall also be observed for each lot in the case of lot
procurement.

19.2 Forms as mentioned in ITB Clause 19.1 must be completed without any
alterations to their format, and no substitute form shall be accepted. All blank
spaces shall be filled in with the information requested.

19.3 The Bidder shall prepare and submit an original of the first and second
envelopes as described in ITB Clauses 12 and 13. In addition, the Bidder
shall submit copies of the first and second envelopes. In the event of any
discrepancy between the original and the copies, the original shall prevail.

19.4 Each and every page of the Bid Form, including the Bill of Quantities, under
Section IX hereof, shall be signed by the duly authorized representative/s of
the Bidder. Failure to do so shall be a ground for the rejection of the bid.

19.5 Any interlineations, erasures, or overwriting shall be valid only if they are
signed or initialed by the duly authorized representative/s of the Bidder.

20. Sealing and Marking of Bids

20.1. Bidders shall enclose their original eligibility and technical documents
described in ITB Clause 12, in one sealed envelope marked “ORIGINAL -
TECHNICAL COMPONENT,” and the original of their financial component
in another sealed envelope marked “ORIGINAL - FINANCIAL
COMPONENT,” sealing them all in an outer envelope marked “ORIGINAL
BID.”

20.2. Each copy of the first and second envelopes shall be similarly sealed duly
marking the inner envelopes as “COPY NO. ___ - TECHNICAL
COMPONENT” and “COPY NO. ___ – FINANCIAL COMPONENT” and
the outer envelope as “COPY NO. ___,” respectively. These envelopes
containing the original and the copies shall then be enclosed in one single
envelope.

20.3. The original and the number of copies of the bid as indicated in the BDS shall
be typed or written in ink and shall be signed by the Bidder or its duly
authorized representative/s.

27
 20.4. All envelopes shall:

(a) contain the name of the contract to be bid in capital letters;

(b) bear the name and address of the Bidder in capital letters;

(c) be addressed to the Procuring Entity’s BAC in accordance with ITB

Clause 20.1;

(d) bear the specific identification of this bidding process indicated in the
ITB Clause 1.2; and

(e) bear a warning “DO NOT OPEN BEFORE…” the date and time for
the opening of bids, in accordance with ITB Clause 21.

20.5. Bid envelopes that are not properly sealed and marked, as required in the
bidding documents, shall not be rejected, but the Bidder or its duly authorized
representative shall acknowledge such condition of the bid as submitted. The
BAC or the Procuring Entity shall assume no responsibility for the
misplacement of the contents of the improperly sealed or marked bid, or for its
premature opening.

D. Submission and Opening of Bids

21. Deadline for Submission of Bids

Bids must be received by the Procuring Entity’s BAC at the address and on or before
the date and time indicated in the BDS.

22. Late Bids

Any bid submitted after the deadline for submission and receipt of bids prescribed by
the Procuring Entity, pursuant to ITB Clause 21, shall be declared “Late” and shall
not be accepted by the Procuring Entity. The BAC shall record in the minutes of Bid
Submission and Opening, the Bidder’s name, its representative and the time the late
bid was submitted.

23. Modification and Withdrawal of Bids

23.1. The Bidder may modify its bid after it has been submitted; provided that the
modification is received by the Procuring Entity prior to the deadline
prescribed for submission and receipt of bids. The Bidder shall not be allowed
to retrieve its original bid, but shall be allowed to submit another bid equally
sealed and properly identified in accordance with Clause 20, linked to its
original bid marked as “TECHNICAL MODIFICATION” or “FINANCIAL
MODIFICATION” and stamped “received” by the BAC. Bid modifications
received after the applicable deadline shall not be considered and shall be
returned to the Bidder unopened.

23.2. A Bidder may, through a Letter of Withdrawal, withdraw its bid after it has
been submitted, for valid and justifiable reason; provided that the Letter of

28
 Withdrawal is received by the Procuring Entity prior to the deadline
prescribed for submission and receipt of bids. The Letter of Withdrawal must
be executed by the authorized representative of the Bidder identified in the
Omnibus Sworn Statement, a copy of which should be attached to the letter.

23.3. Bids requested to be withdrawn in accordance with ITB Clause 23.1 shall be
returned unopened to the Bidders. A Bidder, who has acquired the bidding
documents may also express its intention not to participate in the bidding
through a letter which should reach and be stamped by the BAC before the
deadline for submission and receipt of bids. A Bidder that withdraws its bid
shall not be permitted to submit another bid, directly or indirectly, for the
same contract.

23.4. No bid may be modified after the deadline for submission of bids. No bid may
be withdrawn in the interval between the deadline for submission of bids and
the expiration of the period of bid validity specified by the Bidder on the
Financial Bid Form. Withdrawal of a bid during this interval shall result in the
forfeiture of the Bidder’s bid security, pursuant to ITB Clause 18.5, and the
imposition of administrative, civil, and criminal sanctions as prescribed by RA
9184 and its IRR.

24. Opening and Preliminary Examination of Bids

24.1. The BAC shall open the Bids in public, immediately after the deadline for the
submission and receipt of bids in public, as specified in the BDS. In case the
Bids cannot be opened as scheduled due to justifiable reasons, the BAC shall
take custody of the Bids submitted and reschedule the opening of Bids on the
next working day or at the soonest possible time through the issuance of a
Notice of Postponement to be posted in the PhilGEPS website and the website
of the Procuring Entity concerned.

24.2. Unless otherwise specified in the BDS, the BAC shall open the first bid
envelopes and determine each Bidder’s compliance with the documents
prescribed in ITB Clause 12, using a non-discretionary “pass/fail” criterion. If
a Bidder submits the required document, it shall be rated “passed” for that
particular requirement. In this regard, bids that fail to include any requirement
or are incomplete or patently insufficient shall be considered as “failed”.
Otherwise, the BAC shall rate the said first bid envelope as “passed”.

24.3. Unless otherwise specified in the BDS, immediately after determining

compliance with the requirements in the first envelope, the BAC shall
forthwith open the second bid envelope of each remaining eligible Bidder
whose first bid envelope was rated “passed.” The second envelope of each
complying Bidder shall be opened within the same day. In case one or more of
the requirements in the second envelope of a particular bid is missing,
incomplete or patently insufficient, and/or if the submitted total bid price
exceeds the ABC unless otherwise provided in ITB Clause 13.2, the BAC
shall rate the bid concerned as “failed.” Only bids that are determined to
contain all the bid requirements for both components shall be rated “passed”
and shall immediately be considered for evaluation and comparison.

29
24.4. Letters of Withdrawal shall be read out and recorded during bid opening, and
the envelope containing the corresponding withdrawn bid shall be returned to
the Bidder unopened.

24.5. All members of the BAC who are present during bid opening shall initial
every page of the original copies of all bids received and opened.

24.6. In the case of an eligible foreign bidder as described in ITB Clause 5, the
following Class “A” Documents may be substituted with the appropriate
equivalent documents, if any, issued by the country of the foreign bidder
concerned, which shall likewise be uploaded and maintained in the PhilGEPS
in accordance with Section 8.5.2 of the IRR.:

a) Registration certificate from the Securities and Exchange Commission

(SEC), Department of Trade and Industry (DTI) for sole proprietorship, or
CDA for cooperatives;

b) Mayor’s/Business permit issued by the local government where the

principal place of business of the Bidder is located; and

c) Audited Financial Statements showing, among others, the prospective

Bidder’s total and current assets and liabilities stamped “received” by the
Bureau of Internal Revenue or its duly accredited and authorized
institutions, for the preceding calendar year which should not be earlier
than two years from the date of bid submission.

24.7. Each partner of a joint venture agreement shall likewise submit the document
required in ITB Clause 12.1(a)(i). Submission of documents required under
ITB Clauses 12.1(a)(ii) to 12.1(a)(iv) by any of the joint venture partners
constitutes compliance.

24.8. The Procuring Entity shall prepare the minutes of the proceedings of the bid
opening that shall include, as a minimum: (a) names of Bidders, their bid
price (per lot, if applicable, and/or including discount, if any), bid security,
findings of preliminary examination, and whether there is a withdrawal or
modification; and (b) attendance sheet. The BAC members shall sign the
abstract of bids as read.

24.8. The Bidders or their duly authorized representatives may attend the opening of
bids. The BAC shall ensure the integrity, security, and confidentiality of all
submitted bids. The Abstract of Bids as read and the minutes of the Bid
Opening shall be made available to the public upon written request and
payment of a specified fee to recover cost of materials.

24.9 To ensure transparency and accurate representation of the bid submission, the
BAC Secretariat shall notify in writing all Bidders whose bids it has received
through its PhilGEPS-registered physical address or official e-mail address.
The notice shall be issued within seven (7) calendar days from the date of the
bid opening.

30
 E. Evaluation and Comparison of Bids

25. Process to be Confidential

25.1. Members of the BAC, including its staff and personnel, as well as its
Secretariat and TWG, are prohibited from making or accepting any kind of
communication with any Bidder regarding the evaluation of their bids until the
issuance of the Notice of Award, unless otherwise allowed in the case of ITB
Clause 26.

25.2. Any effort by a Bidder to influence the Procuring Entity in the Procuring
Entity’s decision in respect of bid evaluation, bid comparison or contract
award will result in the rejection of the Bidder’s bid.

26. Clarification of Bids

To assist in the evaluation, comparison and post-qualification of the bids, the
Procuring Entity may ask in writing any Bidder for a clarification of its bid. All
responses to requests for clarification shall be in writing. Any clarification submitted
by a Bidder in respect to its bid and that is not in response to a request by the
Procuring Entity shall not be considered

27. Detailed Evaluation and Comparison of Bids

27.1. The Procuring Entity will undertake the detailed evaluation and comparison of
Bids which have passed the opening and preliminary examination of Bids,
pursuant to ITB Clause 24, in order to determine the Lowest Calculated Bid.

27.2. The Lowest Calculated Bid shall be determined in two steps:

(a) The detailed evaluation of the financial component of the bids, to

establish the correct calculated prices of the bids; and

(b) The ranking of the total bid prices as so calculated from the lowest to
highest. The bid with the lowest price shall be identified as the Lowest
Calculated Bid.

27.3. The Procuring Entity's BAC shall immediately conduct a detailed evaluation
of all bids rated “passed,” using non-discretionary “pass/fail” criterion. The
BAC shall consider the following in the evaluation of bids:

(a) Completeness of the bid. Unless the BDS allows partial bids, bids not
addressing or providing all of the required items in the Schedule of
Requirements including, where applicable, bill of quantities, shall be
considered non-responsive and, thus, automatically disqualified. In this
regard, where a required item is provided, but no price is indicated, the
same shall be considered as non-responsive, but specifying a zero (0)
or a dash (-) for the said item would mean that it is being offered for
free to the Procuring Entity, except those required by law or
regulations to be provided for; and

31
 (b) Arithmetical corrections. Consider computational errors and omissions
to enable proper comparison of all eligible bids. It may also consider
bid modifications. Any adjustment shall be calculated in monetary
terms to determine the calculated prices.

27.4. Based on the detailed evaluation of bids, those that comply with the above-
mentioned requirements shall be ranked in the ascending order of their total
calculated bid prices, as evaluated and corrected for computational errors,
discounts and other modifications, to identify the Lowest Calculated Bid.
Total calculated bid prices, as evaluated and corrected for computational
errors, discounts and other modifications, which exceed the ABC shall not be
considered, unless otherwise indicated in the BDS.

27.5. The Procuring Entity’s evaluation of bids shall be based on the bid price
quoted in the Bid Form, which includes the Bill of Quantities.

27.6. Bids shall be evaluated on an equal footing to ensure fair competition. For
this purpose, all Bidders shall be required to include in their bids 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 bids, including said taxes, shall
be the basis for bid evaluation and comparison.

27.7. If so indicated pursuant to ITB Clause 1.2. Bids are being invited for
individual lots or for any combination thereof, provided that all Bids and
combinations of Bids shall be received by the same deadline and opened and
evaluated simultaneously so as to determine the bid or combination of bids
offering the lowest calculated cost to the Procuring Entity. Bid prices quoted
shall correspond to all of the requirements specified for each lot. Bid Security
as required by ITB Clause 18 shall be submitted for each contract (lot)
separately. The basis for evaluation of lots is specified in BDS Clause 27.3.

28. Post Qualification

28.1. The BAC shall determine to its satisfaction whether the Bidder that is
evaluated as having submitted the Lowest Calculated Bid complies with and is
responsive to all the requirements and conditions specified in ITB Clauses 5,
12, and 13.

28.2. Within a non-extendible period of five (5) calendar days from receipt by the
Bidder of the notice from the BAC that it submitted the Lowest Calculated
Bid, the Bidder shall submit its latest income and business tax returns filed and
paid through the BIR Electronic Filing and Payment System (eFPS) and other
appropriate licenses and permits required by law and stated in the BDS.

Failure to submit any of the post-qualification requirements on time, or a

finding against the veracity thereof, shall disqualify the Bidder for award.
Provided in the event that a finding against the veracity of any of the
documents submitted is made, it shall cause the forfeiture of the bid security in
accordance with Section 69 of the IRR of RA 9184.

32
 28.3. The determination shall be based upon an examination of the documentary
evidence of the Bidder’s qualifications submitted pursuant to ITB Clauses 12
and 13, as well as other information as the Procuring Entity deems necessary
and appropriate, using a non-discretionary “pass/fail” criterion, which shall be
completed within a period of twelve (12) calendar days.

28.4. If the BAC determines that the Bidder with the Lowest Calculated Bid passes
all the criteria for post-qualification, it shall declare the said bid as the LCRB,
and recommend to the HoPE the award of contract to the said Bidder at its
submitted price or its calculated bid price, whichever is lower, subject to ITB
Clause 30.3.

28.5. A negative determination shall result in rejection of the Bidder’s bid, in which
event the Procuring Entity shall proceed to the next Lowest Calculated Bid,
with a fresh period to make a similar determination of that Bidder’s
capabilities to perform satisfactorily. If the second Bidder, however, fails the
post qualification, the procedure for post qualification shall be repeated for the
Bidder with the next Lowest Calculated Bid, and so on until the LCRB is
determined for recommendation of contract award.

28.6. Within a period not exceeding fifteen (15) calendar days from the
determination by the BAC of the LCRB and the recommendation to award the
contract, the HoPE or his duly authorized representative shall approve or
disapprove the said recommendation.

28.7. In the event of disapproval, which shall be based on valid, reasonable, and
justifiable grounds as provided for under Section 41 of the IRR of RA 9184,
the HoPE shall notify the BAC and the Bidder in writing of such decision and
the grounds for it. When applicable, the BAC shall conduct a post-
qualification of the Bidder with the next Lowest Calculated Bid. A request for
reconsideration may be filed by the Bidder with the HoPE in accordance with
Section 37.1.3 of the IRR of RA 9184.

29. Reservation Clause

29.1. Notwithstanding the eligibility or post-qualification of a Bidder, 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 Bidder, or that there has been a
change in the Bidder’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 bidding requirements, statements
or documents, or any changes in the situation of the Bidder which will affect
its capability to undertake the project so that it fails the preset eligibility or bid
evaluation criteria, the Procuring Entity shall consider the said Bidder as
ineligible and shall disqualify it from submitting a bid or from obtaining an
award or contract.

29.2. Based on the following grounds, the Procuring Entity reserves the right to
reject any and all Bids, declare a Failure of Bidding at any time prior to the
contract award, or not to award the contract, without thereby incurring any

33
 liability, and make no assurance that a contract shall be entered into as a result
of the bidding:

(a) If there is prima facie evidence of collusion between appropriate public

officers or employees of the Procuring Entity, or between the BAC and
any of the Bidders, or if the collusion is between or among the Bidders
themselves, or between a Bidder and a third party, including any act
which restricts, suppresses or nullifies or tends to restrict, suppress or
nullify competition;

(b) If the Procuring Entity’s BAC is found to have failed in following the
prescribed bidding procedures; or

(c) For any justifiable and reasonable ground where the award of the
contract will not redound to the benefit of the GOP as follows:

(i) 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 HoPE;

(ii) If the project is no longer necessary as determined by the

HoPE; and

(iii) If the source of funds for the project has been withheld or
reduced through no fault of the Procuring Entity.

29.3. In addition, the Procuring Entity may likewise declare a failure of bidding
when:

(a) No bids are received;

(b) All prospective Bidders are declared ineligible;

(c) All bids fail to comply with all the bid requirements, fail post-
qualification; or

(d) The Bidder with the LCRB refuses, without justifiable cause, to accept
the award of contract, and no award is made in accordance with
Section 40 of the IRR of RA 9184.

F. Award of Contract

30. Contract Award

30.1. Subject to ITB Clause 28, the HoPE or its duly authorized representative shall
award the contract to the Bidder whose bid has been determined to be the
LCRB.

30.2. Prior to the expiration of the period of bid validity, the Procuring Entity shall
notify the successful Bidder in writing that its bid has been accepted, through a
Notice of Award duly received by the Bidder or its representative personally
or by registered mail or electronically, receipt of which must be confirmed in

34
 writing within two (2) days by the Bidder with the LCRB and submitted
personally or sent by registered mail or electronically to the Procuring Entity.

30.3. Notwithstanding the issuance of the Notice of Award, award of contract shall
be subject to the following conditions:

(a) Submission of the following documents within ten (10) calendar days
from receipt of the Notice of Award:

(i) In the case of procurement by a Philippine Foreign Service

Office or Post, the PhilGEPS Registration Number of the
winning foreign Bidder; or

(ii) Valid PCAB license and registration for the type and cost of the
contract to be bid for foreign bidders when the Treaty or
International or Executive Agreement expressly allows
submission of the PCAB license and registration for the type
and cost of the contract to be bid as a pre-condition to the
Award;

(b) Posting of the performance security in accordance with ITB Clause 32;

(c) Signing of the contract as provided in ITB Clause 31; and

(d) Approval by higher authority, if required, as provided in Section 37.3

of the IRR of RA 9184.

31. Signing of the Contract

31.1. At the same time as the Procuring Entity notifies the successful Bidder that its
bid has been accepted, the Procuring Entity shall send the Contract Form to
the Bidder, which Contract has been provided in the Bidding Documents,
incorporating therein all agreements between the parties.

31.2. Within ten (10) calendar days from receipt of the Notice of Award, the
successful Bidder shall post the required performance security, sign and date
the contract and return it to the Procuring Entity.

31.3. The Procuring Entity shall enter into contract with the successful Bidder
within the same ten (10) calendar day period provided that all the documentary
requirements are complied with.

31.4. The following documents shall form part of the contract:

(a) Contract Agreement;

(b) Bidding Documents;

(c) Winning Bidder’s bid, including the Technical and Financial

Proposals, and all other documents/statements submitted (e.g.,
Bidder’s response to request for clarifications on the bid), including

35
 corrections to the bid, if any, resulting from the Procuring Entity’s bid
evaluation;

(d) Performance Security;

(e) Notice of Award of Contract; and

(f) Other contract documents that may be required by existing laws and/or
specified in the BDS.

32. Performance Security

32.1. To guarantee the faithful performance by the winning Bidder of its obligations
under the contract, it shall post a performance security within a maximum
period of ten (10) 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.

32.2. The Performance Security shall be denominated in Philippine Pesos and

posted in favor of the Procuring Entity in an amount not less than the
percentage of the total contract price in accordance with the following
schedule:

Amount of Performance Security

Form 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.

(b) Bank draft/guarantee or

irrevocable letter of credit
Ten percent (10%)
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, Bank Draft/Guarantee,
or Irrevocable Letter of Credit
may be issued by other banks
certified by the BSP as
authorized to issue such

36
 financial instrument.

(c) Surety bond callable upon

demand issued by a surety or Thirty percent (30%)
insurance company duly
certified by the Insurance
Commission as authorized to
issue such security.

32.3. Failure of the successful Bidder to comply with the above-mentioned

requirement shall constitute sufficient ground for the annulment of the award
and forfeiture of the bid security, in which event the Procuring Entity shall
have a fresh period to initiate and complete the post qualification of the second
Lowest Calculated Bid. The procedure shall be repeated until LCRB is
identified and selected for recommendation of contract award. However if no
Bidder passed post-qualification, the BAC shall declare the bidding a failure
and conduct a re-bidding with re-advertisement, if necessary.

33. Notice to Proceed

Within seven (7) calendar days from the date of approval of the Contract by the
appropriate government approving authority, the Procuring Entity shall issue the
Notice to Proceed (NTP) together with a copy or copies of the approved contract to
the successful Bidder. All notices called for by the terms of the contract shall be
effective only at the time of receipt thereof by the successful Bidder.

34. Protest Mechanism

Decision of the procuring entity at any stage of the procurement process may be
questioned in accordance with Sections 55 of the IRR of RA 9184

37
Section III. Bid Data Sheet

38
 Bid Data Sheet
ITB Clause
1.1 The Procuring Entity is Municipal Local Government Unit of Gigaquit.

The name of the Contract is Local Access Road-Upgrading of Villafranca-

Bayasugao Farm to Market Road.

The identification number of the Contract is 7395223.

2 The Funding Source is:

The Government of the Philippines (GoP) through Local government

Support Fund (LGSF) FY 2020 in the amount of Seven Million Pesos (Php
7,000,000.00).

The name of the Project is Local Access Road-Upgrading of Villafranca-

Bayasugao Farm to Market Road.

3.1 No further instructions.

5.1 No further instructions.

5.2 Bidding is restricted to eligible bidders as defined in ITB Clause 5.1.

5.4(a) No further instructions.

5.4(b) For this purpose, similar contracts shall refer to contracts which have the
same major categories of work. Provision of Living Quarter for the
Engineer (Rental Basis), Construction Survey & Staking, Project Billboard,
Occupational Safety & Health Program, Traffic Management,
Mobilization/Demobilization, Clearing and Grubbing, Foundation Fill, Pipe
Culvert & Drain Excavation (Common Soil), Embankment (From Borrow),
Sub-grade Preparation (Common Materials), Aggregate Subbase Course
(0.20 m. Thick), PCC Pavement (Unreinforced), 0.20 m. Thick, 14 days,
Pipe Culverts (610 mm Ø, Class II, RCPC), Grouted Riprap (Class A)

8.1 Subcontracting is not allowed

8.2 Not Applicable

9.1 The Procuring Entity will hold a pre-bid conference for this Project on
January 26, 2021, 10:00 A.M. at Municipal Conference Hall, 2nd Floor
Municipal Hall Building, Ipil, Gigaquit, Surigao del Norte.

10.1 The Procuring Entity’s address is:

39
 Municipal Local Government Unit of Gigaquit

Engr. Restituto E. Mira, Jr.

Cellphone No. : 0948-388-9739

[email protected]

10.4 No further instructions.

12.1 No further instructions.

12.1(a)(iii) No further instructions.

12.1(b)(ii.2) The minimum work experience requirements for key personnel are the
following:

Key Personnel General Experience Relevant Experience

Project Engineer 10 years

Materials Engineer 5 years

12.1(b)(iii.3) The minimum major equipment requirements are the following:

Equipment Capacity Number of Units

Stake Truck 5T 1 owned

Barricade Flasher Light 3 volts 6 owned

Backhoe 0.80 cu.m. bucket 1 owned

Payloader 1.5 cu.m. LX80-2C 1 owned

Road Grader 140 hp, G710A 1 owned

Dump Truck 10 cu.m. 2 owned

Bulldozer D6H Series 1 owned

Water Truck 16,000 L 1 owned/leased

Vibratory Roller 10 m.t. 1 owned/leased

Transit Mixer 2 owned,2 leased

Trailer w/ Truck 10 m.t. 1 leased

13.1 “No additional Requirements”

40
13.1(b) This shall include all of the following documents:

1) Bid prices in the Bill of Quantities;

2) Detailed estimates, including a summary sheet indicating the unit

prices of construction materials, labor rates, and equipment rentals
used in coming up with the Bid; and

3) Cash flow by quarter or payment schedule.

13.2 The ABC is Seven Million Pesos (Php 7,000,000.00). Any bid with a
financial component exceeding this amount shall not be accepted.

14.2 “No further instructions.”

15.4 No further instruction.

16.1 The bid prices shall be quoted in Philippine Pesos.

16.3 No further instructions.

17.1 Bids will be valid until June 8, 2021.

18.1 The bid security shall be in the form of a Bid Securing Declaration or any of
the following forms and amounts:

1. The amount of not less than One Hundred Forty Thousand Pesos(Php
140,000.00), if bid security is in cash, cashier’s/manager’s check, bank
draft/guarantee or irrevocable letter of credit;

2. The amount of not less than Three Hundred Fifty Thousand Pesos (Php
350,000.00) if bid security is in Surety Bond.

18.2 The bid security shall be valid until June 8, 2021.

20.3 Each Bidder shall submit One (1) original and Three (3) copies of the first
and second components of its bid.

21 The address for submission of bids is Gigaquit Municipal Hall Building,

Ipil, Gigaquit, Surigao del Norte.

The deadline for submission of bids is February 8, 2021 9:50 A.M..

24.1 The place of bid opening is Municipal Conference Hall, 2nd Floor, Gigaquit
Municipal Hall Building, Ipil, Gigaquit, Surigao del Norte.

The date and time of bid opening is February 8, 2021, 10:00 A.M..

24.2 No further instructions.

24.3 No further instructions.

41
27.3 Partial bid is not allowed. The infrastructure project is packaged in a single
lot and the lot shall not be divided into sub-lots for the purpose of bidding,
evaluation, and contract award.

27.4 No further instructions.

28.2 “None”

31.4(f) Additional contract documents relevant to the Project required by existing

laws and/or the Procuring Entity: construction schedule and S-curve,
manpower schedule, construction methods, equipment utilization schedule,
construction safety and health program approved by the Department of
Labor and Employment, and PERT/CPM or other acceptable tools of
project scheduling.

42
 Section IV. General Conditions of Contract

Notes on the General Conditions of Contract

The GCC in Section IV, read in conjunction with the SCC in Section V and other
documents listed therein, should be a complete document expressing all the rights and
obligations of the parties.

The GCC herein shall not be altered. Any changes and complementary information, which
may be needed, shall be introduced only through the SCC in Section V.

43
 TABLE OF CONTENTS

1. DEFINITIONS .............................................................................................. 46
2. INTERPRETATION ...................................................................................... 48
3. GOVERNING LANGUAGE AND LAW............................................................ 49
4. COMMUNICATIONS .................................................................................... 49
5. POSSESSION OF SITE .................................................................................. 49
6. THE CONTRACTOR’S OBLIGATIONS .......................................................... 49
7. PERFORMANCE SECURITY ......................................................................... 50
8. SUBCONTRACTING ..................................................................................... 51
9. LIQUIDATED DAMAGES ............................................................................. 52
10. SITE INVESTIGATION REPORTS ................................................................. 52
11. THE PROCURING ENTITY, LICENSES AND PERMITS .................................. 52
12. CONTRACTOR’S RISK AND WARRANTY SECURITY .................................... 52
13. LIABILITY OF THE CONTRACTOR .............................................................. 55
14. PROCURING ENTITY’S RISK ...................................................................... 55
15. INSURANCE ................................................................................................ 55
16. TERMINATION FOR DEFAULT OF CONTRACTOR ........................................ 56
17. TERMINATION FOR DEFAULT OF PROCURING ENTITY .............................. 57
18. TERMINATION FOR OTHER CAUSES .......................................................... 57
19. PROCEDURES FOR TERMINATION OF CONTRACTS .................................... 59
20. FORCE MAJEURE, RELEASE FROM PERFORMANCE .................................. 61
21. RESOLUTION OF DISPUTES ........................................................................ 62
22. SUSPENSION OF LOAN, CREDIT, GRANT, OR APPROPRIATION ................... 63
23. PROCURING ENTITY’S REPRESENTATIVE’S DECISIONS............................. 63
24. APPROVAL OF DRAWINGS AND TEMPORARY WORKS BY THE
PROCURING ENTITY’S REPRESENTATIVE .................................................. 63
25. ACCELERATION AND DELAYS ORDERED BY THE PROCURING
ENTITY’S REPRESENTATIVE ...................................................................... 63
26. EXTENSION OF THE INTENDED COMPLETION DATE .................................. 64
27. RIGHT TO VARY ........................................................................................ 64
28. CONTRACTORS RIGHT TO CLAIM.............................................................. 64
44
29. DAYWORKS................................................................................................ 64
30. EARLY WARNING ...................................................................................... 65
31. PROGRAM OF WORK ................................................................................. 65
32. MANAGEMENT CONFERENCES .................................................................. 66
33. BILL OF QUANTITIES ................................................................................. 66
34. INSTRUCTIONS, INSPECTIONS AND AUDITS ................................................ 66
35. IDENTIFYING DEFECTS .............................................................................. 67
36. COST OF REPAIRS ...................................................................................... 67
37. CORRECTION OF DEFECTS ........................................................................ 67
38. UNCORRECTED DEFECTS........................................................................... 67
39. ADVANCE PAYMENT .................................................................................. 68
40. PROGRESS PAYMENTS ............................................................................... 68
41. PAYMENT CERTIFICATES .......................................................................... 69
42. RETENTION................................................................................................ 69
43. VARIATION ORDERS .................................................................................. 70
44. CONTRACT COMPLETION .......................................................................... 71
45. SUSPENSION OF WORK .............................................................................. 72
46. PAYMENT ON TERMINATION ..................................................................... 72
47. EXTENSION OF CONTRACT TIME ............................................................... 73
48. PRICE ADJUSTMENT .................................................................................. 74
49. COMPLETION ............................................................................................. 74
50. TAKING OVER ........................................................................................... 74
51. OPERATING AND MAINTENANCE MANUALS .............................................. 74

45
1. Definitions
For purposes of this Clause, boldface type is used to identify defined terms.

1.1. The Arbiter is the person appointed jointly by the Procuring Entity and the
Contractor to resolve disputes in the first instance, as provided for in GCC
Clause 21.

1.2. Bill of Quantities refers to a list of the specific items of the Work and their
corresponding unit prices, lump sums, and/or provisional sums.

1.3. The Completion Date is the date of completion of the Works as certified by
the Procuring Entity’s Representative, in accordance with GCC Clause 49.

1.4. The Contract is the contract between the Procuring Entity and the Contractor
to execute, complete, and maintain the Works.

1.5 The Contract Effectivity Date is the date of signing of the Contract.
However, the contractor shall commence execution of the Works on the Start
Date as defined in GCC Clause 1.28.

1.6 The Contract Price is the price stated in the Notice of Award and thereafter to
be paid by the Procuring Entity to the Contractor for the execution of the
Works in accordance with this Contract

1.7 Contract Time Extension is the allowable period for the Contractor to
complete the Works in addition to the original Completion Date stated in this
Contract.

1.8 The Contractor is the juridical entity whose proposal has been accepted by
the Procuring Entity and to whom the Contract to execute the Work was
awarded.

1.9 The Contractor’s Bid is the signed offer or proposal submitted by the
Contractor to the Procuring Entity in response to the Bidding Documents.

1.10 Days are calendar days; months are calendar months.

1.11 Dayworks are varied work inputs subject to payment on a time basis for the
Contractor’s employees and Equipment, in addition to payments for associated
Materials and Plant.

1.12 A Defect is any part of the Works not completed in accordance with the
Contract.

1.13 The Defects Liability Certificate is the certificate issued by Procuring

Entity’s Representative upon correction of defects by the Contractor.

1.14 The Defects Liability Period is the one year period between contract
completion and final acceptance within which the Contractor assumes the
responsibility to undertake the repair of any damage to the Works at his own
expense.

46
1.15 Drawings are graphical presentations of the Works. They include all
supplementary details, shop drawings, calculations, and other information
provided or approved for the execution of this Contract.

1.16 Equipment refers to all facilities, supplies, appliances, materials or things

required for the execution and completion of the Work provided by the
Contractor and which shall not form or are not intended to form part of the
Permanent Works.

1.17 The Intended Completion Date refers to the date specified in the SCC when
the Contractor is expected to have completed the Works. The Intended
Completion Date may be revised only by the Procuring Entity’s
Representative by issuing an extension of time or an acceleration order.

1.18 Materials are all supplies, including consumables, used by the Contractor for
incorporation in the Works.

1.19 The Notice to Proceed is a written notice issued by the Procuring Entity or the
Procuring Entity’s Representative to the Contractor requiring the latter to
begin the commencement of the work not later than a specified or
determinable date.

1.20 Permanent Works are all permanent structures and all other project features
and facilities required to be constructed and completed in accordance with this
Contract which shall be delivered to the Procuring Entity and which shall
remain at the Site after the removal of all Temporary Works.

1.21 Plant refers to the machinery, apparatus, and the like intended to form an
integral part of the Permanent Works.

1.22 The Procuring Entity is the party who employs the Contractor to carry out
the Works stated in the SCC.

1.23 The Procuring Entity’s Representative refers to the Head of the Procuring
Entity or his duly authorized representative, identified in the SCC, who shall
be responsible for supervising the execution of the Works and administering
this Contract.

1.24 The Site is the place provided by the Procuring Entity where the Works shall
be executed and any other place or places which may be designated in the
SCC, or notified to the Contractor by the Procuring Entity’s Representative as
forming part of the Site.

1.25 Site Investigation Reports are those that were included in the Bidding
Documents and are factual and interpretative reports about the surface and
subsurface conditions at the Site.

1.26 Slippage is a delay in work execution occurring when actual accomplishment

falls below the target as measured by the difference between the scheduled and
actual accomplishment of the Work by the Contractor as established from the
work schedule. This is actually described as a percentage of the whole Works.

47
 1.27 Specifications means the description of Works to be done and the qualities of
materials to be used, the equipment to be installed and the mode of
construction.

1.28 The Start Date, as specified in the SCC, is the date when the Contractor is
obliged to commence execution of the Works. It does not necessarily coincide
with any of the Site Possession Dates.

1.29 A Subcontractor is any person or organization to whom a part of the Works

has been subcontracted by the Contractor, as allowed by the Procuring Entity,
but not any assignee of such person.

1.30 Temporary Works are works designed, constructed, installed, and removed
by the Contractor that are needed for construction or installation of the
Permanent Works.

1.31 Work(s) refer to the Permanent Works and Temporary Works to be executed
by the Contractor in accordance with this Contract, including (i) the furnishing
of all labor, materials, equipment and others incidental, necessary or
convenient to the complete execution of the Works; (ii) the passing of any
tests before acceptance by the Procuring Entity’s Representative; (iii) and the
carrying out of all duties and obligations of the Contractor imposed by this
Contract as described in the SCC.

2. Interpretation
2.1. In interpreting the Conditions of Contract, singular also means plural, male
also means female or neuter, and the other way around. Headings have no
significance. Words have their normal meaning under the language of this
Contract unless specifically defined. The Procuring Entity’s Representative
will provide instructions clarifying queries about the Conditions of Contract.

2.2. If sectional completion is specified in the SCC, references in the Conditions of

Contract to the Works, the Completion Date, and the Intended Completion Date
apply to any Section of the Works (other than references to the Completion Date
and Intended Completion Date for the whole of the Works).

2.3. The documents forming this Contract shall be interpreted in the following order
of priority:

a) Contract Agreement;

b) Bid Data Sheet;

c) Instructions to Bidders;

d) Addenda to the Bidding Documents;

e) Special Conditions of Contract;

f) General Conditions of Contract;

48
 g) Specifications;

h) Bill of Quantities; and

i) Drawings.

3. Governing Language and Law

3.1. This Contract has been executed in the English language, which shall be the
binding and controlling language for all matters relating to the meaning or
interpretation of this Contract. All correspondence and other documents
pertaining to this Contract which are exchanged by the parties shall be written
in English.

3.2. This Contract shall be interpreted in accordance with the laws of the Republic
of the Philippines.

4. Communications
Communications between parties that are referred to in the Conditions shall be
effective only when in writing. A notice shall be effective only when it is received by
the concerned party.

5. Possession of Site
5.1. On the date specified in the SCC, the Procuring Entity shall grant the
Contractor possession of so much of the Site as may be required to enable it to
proceed with the execution of the Works. If the Contractor suffers delay or
incurs cost from failure on the part of the Procuring Entity to give possession
in accordance with the terms of this clause, the Procuring Entity’s
Representative shall give the Contractor a Contract Time Extension and certify
such sum as fair to cover the cost incurred, which sum shall be paid by
Procuring Entity.

5.2. If possession of a portion is not given by the date stated in the SCC Clause 5.1,
the Procuring Entity will be deemed to have delayed the start of the relevant
activities. The resulting adjustments in contract time to address such delay
shall be in accordance with GCC Clause 47.

5.3. The Contractor shall bear all costs and charges for special or temporary right-
of-way required by it in connection with access to the Site. The Contractor
shall also provide at his own cost any additional facilities outside the Site
required by it for purposes of the Works.

5.4. The Contractor shall allow the Procuring Entity’s Representative and any
person authorized by the Procuring Entity’s Representative access to the Site
and to any place where work in connection with this Contract is being carried
out or is intended to be carried out.

6. The Contractor’s Obligations

49
 6.1. 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.

6.2. 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.

6.3. The Contractor shall be responsible for the safety of all activities on the Site.

6.4. The Contractor shall carry out all instructions of the Procuring Entity’s
Representative that comply with the applicable laws where the Site is located.

6.5. 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.

6.6. 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.

6.7. 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.

6.8. 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.

6.9. 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.

6.10. 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.

7. Performance Security
7.1. 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

50
 parties, the Contractor shall furnish the performance security in any of the
forms prescribed in ITB Clause 32.2.

7.2. 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.

7.3. The performance security shall remain valid until issuance by the Procuring
Entity of the Certificate of Final Acceptance.

7.4. 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.

7.5. The Contractor shall post an additional performance security following the
amount and form specified in ITB Clause 32.2 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. The Contractor shall cause the
extension of the validity of the performance security to cover approved
contract time extensions.

7.6. In case of a reduction in the contract value or for partially completed Works
under the contract which are usable and accepted by the Procuring Entity the
use of which, in the judgment of the implementing agency or the Procuring
Entity, will not affect the structural integrity of the entire project, the
Procuring Entity shall allow a proportional reduction in the original
performance security, provided that any such reduction is more than ten
percent (10%) and that the aggregate of such reductions is not more than fifty
percent (50%) of the original performance security.

7.7. Unless otherwise indicated in the SCC, the Contractor, by entering into the
Contract with the Procuring Entity, acknowledges the right of the Procuring
Entity to institute action pursuant to Act 3688 against any subcontractor be
they an individual, firm, partnership, corporation, or association supplying the
Contractor with labor, materials and/or equipment for the performance of this
Contract.

8. Subcontracting
8.1. Unless otherwise indicated in the SCC, the Contractor cannot subcontract
Works more than the percentage specified in BDS Clause 8.1.

51
 8.2. Subcontracting of any portion of the Works does not relieve the Contractor of
any liability or obligation under this Contract. The Contractor will be
responsible for the acts, defaults, and negligence of any subcontractor, its
agents, servants or workmen as fully as if these were the Contractor’s own
acts, defaults, or negligence, or those of its agents, servants or workmen.

8.3. If subcontracting is allowed. The contractor may identify its subcontractor

during contract implementation stage. Subcontractors disclosed and identified
during the bidding may be changed during the implementation of this
Contract. In either case, subcontractors must submit the documentary
requirements under ITB Clause 12 and comply with the eligibility criteria
specified in the BDS. In the event that any subcontractor is found by any
Procuring Entity to be eligible, the subcontracting of such portion of the
Works shall be disallowed.

9. Liquidated Damages
9.1. The Contractor shall pay liquidated damages to the Procuring Entity for each
day that the Completion Date is later than the Intended Completion Date. The
applicable liquidated damages is at least one-tenth (1/10) of a percent of the
cost of the unperformed portion for every day of delay. The total amount of
liquidated damages shall not exceed ten percent (10%) of the amount of the
contract. The Procuring Entity may deduct liquidated damages from payments
due to the Contractor. Payment of liquidated damages shall not affect the
Contractor’s liabilities. Once the cumulative amount of liquidated damages
reaches ten percent (10%) of the amount of this Contract, the Procuring Entity
may rescind or terminate this Contract, without prejudice to other courses of
action and remedies available under the circumstances.

9.2. If the Intended Completion Date is extended after liquidated damages have
been paid, the Engineer of the Procuring Entity shall correct any overpayment
of liquidated damages by the Contractor by adjusting the next payment
certificate.

10. Site Investigation Reports

The Contractor, in preparing the Bid, shall rely on any Site Investigation Reports
referred to in the SCC supplemented by any information obtained by the Contractor.

11. The Procuring Entity, Licenses and Permits

The Procuring Entity shall, if requested by the Contractor, assist him in applying for
permits, licenses or approvals, which are required for the Works.

12. Contractor’s Risk and Warranty Security

12.1. The Contractor shall assume full responsibility for the Works from the time
project construction commenced up to final acceptance by the Procuring
Entity and shall be held responsible for any damage or destruction of the
Works except those occasioned by force majeure. The Contractor shall be
fully responsible for the safety, protection, security, and convenience of his

52
 personnel, third parties, and the public at large, as well as the Works,
Equipment, installation, and the like to be affected by his construction work.

12.2. The defects liability period for infrastructure projects shall be one year from
contract completion up to final acceptance by the Procuring Entity. During
this period, the Contractor shall undertake the repair works, at his own
expense, of any damage to the Works on account of the use of materials of
inferior quality within ninety (90) days from the time the HoPE has issued an
order to undertake repair. In case of failure or refusal to comply with this
mandate, the Procuring Entity shall undertake such repair works and shall be
entitled to full reimbursement of expenses incurred therein upon demand.

12.3. Unless otherwise indicated in the SCC, in case the Contractor fails to comply
with the preceding paragraph, the Procuring Entity shall forfeit its
performance security, subject its property(ies) to attachment or garnishment
proceedings, and perpetually disqualify it from participating in any public
bidding. All payables of the GoP in his favor shall be offset to recover the
costs.

12.4. After final acceptance of the Works by the Procuring Entity, the Contractor
shall be held responsible for “Structural Defects,” i.e., major
faults/flaws/deficiencies in one or more key structural elements of the project
which may lead to structural failure of the completed elements or structure, or
“Structural Failures,” i.e., where one or more key structural elements in an
infrastructure facility fails or collapses, thereby rendering the facility or part
thereof incapable of withstanding the design loads, and/or endangering the
safety of the users or the general public:

(a) Contractor – Where Structural Defects/Failures arise due to faults

attributable to improper construction, use of inferior
quality/substandard materials, and any violation of the contract plans
and specifications, the contractor shall be held liable;

(b) Consultants – Where Structural Defects/Failures arise due to faulty

and/or inadequate design and specifications as well as construction
supervision, then the consultant who prepared the design or undertook
construction supervision for the project shall be held liable;

(c) Procuring Entity’s Representatives/Project Manager/Construction

Managers and Supervisors – The project owner’s representative(s),
project manager, construction manager, and supervisor(s) shall be held
liable in cases where the Structural Defects/Failures are due to his/their
willful intervention in altering the designs and other specifications;
negligence or omission in not approving or acting on proposed changes
to noted defects or deficiencies in the design and/or specifications; and
the use of substandard construction materials in the project;

(d) Third Parties - Third Parties shall be held liable in cases where
Structural Defects/Failures are caused by work undertaken by them
such as leaking pipes, diggings or excavations, underground cables and
electrical wires, underground tunnel, mining shaft and the like, in

53
 which case the applicable warranty to such structure should be levied
to third parties for their construction or restoration works.

(e) Users - In cases where Structural Defects/Failures are due to

abuse/misuse by the end user of the constructed facility and/or non–
compliance by a user with the technical design limits and/or intended
purpose of the same, then the user concerned shall be held liable.

12.5. The warranty against Structural Defects/Failures, except those occasioned on

force majeure, shall cover the period specified in the SCC reckoned from the
date of issuance of the Certificate of Final Acceptance by the Procuring Entity.

12.6. The Contractor shall be required to put up a warranty security in the form of
cash, bank guarantee, letter of credit, GSIS or surety bond callable on demand,
in accordance with the following schedule:

Amount of Warranty Security

Form of Warranty Not less than the Percentage
(%) of Total Contract Price
(a) Cash or letter of credit issued by
Universal or Commercial bank:
provided, however, that the letter of
credit shall be confirmed or Five Percent (5%)
authenticated by a Universal or
Commercial bank, if issued by a
foreign bank
(b) Bank guarantee confirmed by
Universal or Commercial bank:
provided, however, that the letter of
credit shall be confirmed or Ten Percent (10%)
authenticated by a Universal or
Commercial bank, if issued by a
foreign bank
(c) Surety bond callable upon demand
issued by GSIS or any surety or
Thirty Percent (30%)
insurance company duly certified by
the Insurance Commission

12.7. The warranty security shall be stated in Philippine Pesos and shall remain
effective for one year from the date of issuance of the Certificate of Final
Acceptance by the Procuring Entity, and returned only after the lapse of said
one year period.

12.8. In case of structural defects/failure occurring during the applicable warranty

period provided in GCC Clause 12.5, the Procuring Entity shall undertake the
necessary restoration or reconstruction works and shall be entitled to full
reimbursement by the parties found to be liable for expenses incurred therein
upon demand, without prejudice to the filing of appropriate administrative,
civil, and/or criminal charges against the responsible persons as well as the
forfeiture of the warranty security posted in favor of the Procuring Entity.

54
13. Liability of the Contractor
Subject to additional provisions, if any, set forth in the SCC, the Contractor’s liability
under this Contract shall be as provided by the laws of the Republic of the
Philippines.

14. Procuring Entity’s Risk

14.1. From the Start Date until the Certificate of Final Acceptance has been issued,
the following are risks of the Procuring Entity:

(a) The risk of personal injury, death, or loss of or damage to property

(excluding the Works, Plant, Materials, and Equipment), which are due
to:

(i) any type of use or occupation of the Site authorized by the

Procuring Entity after the official acceptance of the works; or

(ii) negligence, breach of statutory duty, or interference with any

legal right by the Procuring Entity or by any person employed
by or contracted to him except the Contractor.

(b) The risk of damage to the Works, Plant, Materials, and Equipment to
the extent that it is due to a fault of the Procuring Entity or in the
Procuring Entity’s design, or due to war or radioactive contamination
directly affecting the country where the Works are to be executed.

15. Insurance
15.1. The Contractor shall, under his name and at his own expense, obtain and
maintain, for the duration of this Contract, the following insurance coverage:

(a) Contractor’s All Risk Insurance;

(b) Transportation to the project Site of Equipment, Machinery, and

Supplies owned by the Contractor;

(c) Personal injury or death of Contractor’s employees; and

(d) Comprehensive insurance for third party liability to Contractor’s direct

or indirect act or omission causing damage to third persons.

15.2. The Contractor shall provide evidence to the Procuring Entity’s

Representative that the insurances required under this Contract have been
effected and shall, within a reasonable time, provide copies of the insurance
policies to the Procuring Entity’s Representative. Such evidence and such
policies shall be provided to the Procuring Entity’s through the Procuring
Entity’s Representative.

15.3. The Contractor shall notify the insurers of changes in the nature, extent, or
program for the execution of the Works and ensure the adequacy of the
insurances at all times in accordance with the terms of this Contract and shall

55
 produce to the Procuring Entity’s Representative the insurance policies in
force including the receipts for payment of the current premiums.

The above insurance policies shall be obtained from any reputable insurance
company approved by the Procuring Entity’s Representative.

15.4. If the Contractor fails to obtain and keep in force the insurances referred to
herein or any other insurance which he may be required to obtain under the
terms of this Contract, the Procuring Entity may obtain and keep in force any
such insurances and pay such premiums as may be necessary for the purpose.
From time to time, the Procuring Entity may deduct the amount it shall pay for
said premiums including twenty five percent (25%) therein from any monies
due, or which may become due, to the Contractor, without prejudice to the
Procuring Entity exercising its right to impose other sanctions against the
Contractor pursuant to the provisions of this Contract.

15.5. In the event the Contractor fails to observe the above safeguards, the
Procuring Entity may, at the Contractor’s expense, take whatever measure is
deemed necessary for its protection and that of the Contractor’s personnel and
third parties, and/or order the interruption of dangerous Works. In addition,
the Procuring Entity may refuse to make the payments under GCC Clause 40
until the Contractor complies with this Clause.

15.6. The Contractor shall immediately replace the insurance policy obtained as
required in this Contract, without need of the Procuring Entity’s demand, with
a new policy issued by a new insurance company acceptable to the Procuring
Entity for any of the following grounds:

(a) The issuer of the insurance policy to be replaced has:

(i) become bankrupt;

(ii) been placed under receivership or under a management

committee;

(iii) been sued for suspension of payment; or

(iv) been suspended by the Insurance Commission and its license to

engage in business or its authority to issue insurance policies
cancelled; or

(v) Where reasonable grounds exist that the insurer may not be
able, fully and promptly, to fulfill its obligation under the
insurance policy.

16. Termination for Default of Contractor

16.1. The Procuring Entity shall terminate this Contract for default when any of the
following conditions attend its implementation:

(i) Due to the Contractor’s fault and while the project is on-going, it has
incurred negative slippage of fifteen percent (15%) or more in

56
 accordance with Presidential Decree 1870, regardless of whether or not
previous warnings and notices have been issued for the Contractor to
improve his performance;

(ii) Due to its own fault and after this Contract time has expired, the
Contractor incurs delay in the completion of the Work after this
Contract has expired; or

(iii) The Contractor:

(i) abandons the contract Works, refuses or fails to comply with a

valid instruction of the Procuring Entity or fails to proceed
expeditiously and without delay despite a written notice by the
Procuring Entity;

(ii) does not actually have on the project Site the minimum essential
equipment listed on the bid necessary to prosecute the Works in
accordance with the approved Program of Work and equipment
deployment schedule as required for the project;

(iii) does not execute the Works in accordance with this Contract or
persistently or flagrantly neglects to carry out its obligations
under this Contract;

(iv) neglects or refuses to remove materials or to perform a new

Work that has been rejected as defective or unsuitable; or

(v) sub-lets any part of this Contract without approval by the

Procuring Entity.

16.2. All materials on the Site, Plant, Works, including Equipment purchased and
funded under the Contract shall be deemed to be the property of the Procuring
Entity if this Contract is rescinded because of the Contractor’s default.

17. Termination for Default of Procuring Entity

The Contractor may terminate this Contract with the Procuring Entity if the works are
completely stopped for a continuous period of at least sixty (60) calendar days
through no fault of its own, due to any of the following reasons:

(a) Failure of the Procuring Entity to deliver, within a reasonable time, supplies,
materials, right-of-way, or other items it is obligated to furnish under the terms
of this Contract; or

(b) The prosecution of the Work is disrupted by the adverse peace and order
situation, as certified by the Armed Forces of the Philippines Provincial
Commander and approved by the Secretary of National Defense.

18. Termination for Other Causes

18.1. The Procuring Entity may terminate this Contract, in whole or in part, at any
time for its convenience. The HoPE may terminate this Contract for the

57
 convenience of the Procuring Entity if he has determined the existence of
conditions that make Project Implementation economically, financially or
technically impractical and/or unnecessary, such as, but not limited to,
fortuitous event(s) or changes in law and National Government policies.

18.2. The Procuring Entity or the Contractor may terminate this Contract if the other
party causes a fundamental breach of this Contract.

18.3. Fundamental breaches of Contract shall include, but shall not be limited to, the
following:

(a) The Contractor stops work for twenty eight (28) days when no
stoppage of work is shown on the current Program of Work and the
stoppage has not been authorized by the Procuring Entity’s
Representative;

(b) The Procuring Entity’s Representative instructs the Contractor to delay

the progress of the Works, and the instruction is not withdrawn within
twenty eight (28) days;

(c) The Procuring Entity shall terminate this Contract if the Contractor is
declared bankrupt or insolvent as determined with finality by a court of
competent jurisdiction. In this event, termination will be without
compensation to the Contractor, provided that such termination will
not prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Procuring Entity and/or the Contractor.
In the case of the Contractor's insolvency, any Contractor's Equipment
which the Procuring Entity instructs in the notice is to be used until the
completion of the Works;

(d) A payment certified by the Procuring Entity’s Representative is not

paid by the Procuring Entity to the Contractor within eighty four (84)
days from the date of the Procuring Entity’s Representative’s
certificate;

(e) The Procuring Entity’s Representative gives Notice that failure to

correct a particular Defect is a fundamental breach of Contract and the
Contractor fails to correct it within a reasonable period of time
determined by the Procuring Entity’s Representative;

(f) The Contractor does not maintain a Security, which is required;

(g) The Contractor has delayed the completion of the Works by the
number of days for which the maximum amount of liquidated damages
can be paid, as defined in the GCC Clause 9; and

(h) In case it is determined prima facie by the Procuring Entity that the
Contractor has engaged, before or during the implementation of the
contract, in unlawful deeds and behaviors relative to contract
acquisition and implementation, such as, but not limited to, the
following:

58
 (i) corrupt, fraudulent, collusive, coercive, and obstructive
practices as defined in ITB Clause 3.1(a), unless otherwise
specified in the SCC;

(ii) drawing up or using forged documents;

(iii) using adulterated materials, means or methods, or engaging in

production contrary to rules of science or the trade; and

(iv) any other act analogous to the foregoing.

18.4. The Funding Source or the Procuring Entity, as appropriate, will seek to
impose the maximum civil, administrative and/or criminal penalties available
under the applicable law on individuals and organizations deemed to be
involved with corrupt, fraudulent, or coercive practices.

18.5. When persons from either party to this Contract gives notice of a fundamental
breach to the Procuring Entity’s Representative in order to terminate the
existing contract for a cause other than those listed under GCC Clause 18.3,
the Procuring Entity’s Representative shall decide whether the breach is
fundamental or not.

18.6. If this Contract is terminated, the Contractor shall stop work immediately,
make the Site safe and secure, and leave the Site as soon as reasonably
possible.

19. Procedures for Termination of Contracts

19.1. The following provisions shall govern the procedures for the termination of
this Contract:

(a) Upon receipt of a written report of acts or causes which may constitute
ground(s) for termination as aforementioned, or upon its own initiative,
the Procuring Entity shall, within a period of seven (7) calendar days,
verify the existence of such ground(s) and cause the execution of a
Verified Report, with all relevant evidence attached;

(b) Upon recommendation by the Procuring Entity, the HoPE shall

terminate this Contract only by a written notice to the Contractor
conveying the termination of this Contract. The notice shall state:

(i) that this Contract is being terminated for any of the ground(s)
afore-mentioned, and a statement of the acts that constitute the
ground(s) constituting the same;

(ii) the extent of termination, whether in whole or in part;

(iii) an instruction to the Contractor to show cause as to why this

Contract should not be terminated; and

(iv) special instructions of the Procuring Entity, if any.

59
 The Notice to Terminate shall be accompanied by a copy of the
Verified Report;

(c) Within a period of seven (7) calendar days from receipt of the Notice
of Termination, the Contractor shall submit to the HoPE a verified
position paper stating why the contract should not be terminated. If the
Contractor fails to show cause after the lapse of the seven (7) day
period, either by inaction or by default, the HoPE shall issue an order
terminating the contract;

(d) The Procuring Entity may, at anytime before receipt of the

Contractor’s verified position paper described in item (c) above
withdraw the Notice to Terminate if it is determined that certain items
or works subject of the notice had been completed, delivered, or
performed before the Contractor’s receipt of the notice;

(e) Within a non-extendible period of ten (10) calendar days from receipt
of the verified position paper, the HoPE shall decide whether or not to
terminate this Contract. It shall serve a written notice to the Contractor
of its decision and, unless otherwise provided in the said notice, this
Contract is deemed terminated from receipt of the Contractor of the
notice of decision. The termination shall only be based on the
ground(s) stated in the Notice to Terminate; and

(f) The HoPE may create a Contract Termination Review Committee

(CTRC) to assist him in the discharge of this function. All decisions
recommended by the CTRC shall be subject to the approval of the
HoPE.

19.2. Pursuant to Section 69(f) of RA 9184 and without prejudice to the imposition
of additional administrative sanctions as the internal rules of the agency may
provide and/or further criminal prosecution as provided by applicable laws,
the procuring entity shall impose on contractors after the termination of the
contract the penalty of suspension for one (1) year for the first offense,
suspension for two (2) years for the second offense from participating in the
public bidding process, for violations committed during the contract
implementation stage, which include but not limited to the following:

(a) Failure of the contractor, due solely to his fault or negligence, to

mobilize and start work or performance within the specified period in
the Notice to Proceed (“NTP”);

(b) Failure by the contractor to fully and faithfully comply with its
contractual obligations without valid cause, or failure by the contractor
to comply with any written lawful instruction of the procuring entity or
its representative(s) pursuant to the implementation of the contract.
For the procurement of infrastructure projects or consultancy contracts,
lawful instructions include but are not limited to the following:

(i) Employment of competent technical personnel, competent

engineers and/or work supervisors;

60
 (ii) Provision of warning signs and barricades in accordance with
approved plans and specifications and contract provisions;

(iii) Stockpiling in proper places of all materials and removal from

the project site of waste and excess materials, including broken
pavement and excavated debris in accordance with approved
plans and specifications and contract provisions;

(iv) Deployment of committed equipment, facilities, support staff

and manpower; and

(v) Renewal of the effectivity dates of the performance security

after its expiration during the course of contract
implementation.

(c) Assignment and subcontracting of the contract or any part thereof or

substitution of key personnel named in the proposal without prior
written approval by the procuring entity.

(d) Poor performance by the contractor or unsatisfactory quality and/or

progress of work arising from his fault or negligence as reflected in the
Constructor's Performance Evaluation System (“CPES”) rating sheet.
In the absence of the CPES rating sheet, the existing performance
monitoring system of the procuring entity shall be applied. Any of the
following acts by the Contractor shall be construed as poor
performance:

(i) Negative slippage of 15% and above within the critical path of
the project due entirely to the fault or negligence of the
contractor; and

(ii) Quality of materials and workmanship not complying with the

approved specifications arising from the contractor's fault or
negligence.

(e) Willful or deliberate abandonment or non-performance of the project

or contract by the contractor resulting to substantial breach thereof
without lawful and/or just cause.

In addition to the penalty of suspension, the performance security posted by

the contractor shall also be forfeited.

20. Force Majeure, Release From Performance

20.1. For purposes of this Contract the terms “force majeure” and “fortuitous event”
may be used interchangeably. In this regard, a fortuitous event or force
majeure shall be interpreted to mean an event which the Contractor could not
have foreseen, or which though foreseen, was inevitable. It shall not include
ordinary unfavorable weather conditions; and any other cause the effects of
which could have been avoided with the exercise of reasonable diligence by
the Contractor.

61
 20.2. If this Contract is discontinued by an outbreak of war or by any other event
entirely outside the control of either the Procuring Entity or the Contractor, the
Procuring Entity’s Representative shall certify that this Contract has been
discontinued. The Contractor shall make the Site safe and stop work as
quickly as possible after receiving this certificate and shall be paid for all
works carried out before receiving it and for any Work carried out afterwards
to which a commitment was made.

20.3. If the event continues for a period of eighty four (84) days, either party may
then give notice of termination, which shall take effect twenty eight (28) days
after the giving of the notice.

20.4. After termination, the Contractor shall be entitled to payment of the unpaid
balance of the value of the Works executed and of the materials and Plant
reasonably delivered to the Site, adjusted by the following:

(a) any sum to which the Contractor is entitled under GCC Clause 28;

(b) the cost of his suspension and demobilization;

(c) any sum to which the Procuring Entity is entitled.

20.5. The net balance due shall be paid or repaid within a reasonable time period
from the time of the notice of termination.

21. Resolution of Disputes

21.1. If any dispute or difference of any kind whatsoever shall arise between the
parties in connection with the implementation of the contract covered by the
Act and this IRR, the parties shall make every effort to resolve amicably such
dispute or difference by mutual consultation.

21.2. If the Contractor believes that a decision taken by the Procuring Entity’s
Representative was either outside the authority given to the Procuring Entity’s
Representative by this Contract or that the decision was wrongly taken, the
decision shall be referred to the Arbiter indicated in the SCC within fourteen
(14) days of the notification of the Procuring Entity’s Representative’s
decision.

21.3. Any and all disputes arising from the implementation of this Contract covered
by the R.A. 9184 and its IRR shall be submitted to arbitration in the
Philippines according to the provisions of Republic Act No. 876, otherwise
known as the “ Arbitration Law” and Republic Act 9285, otherwise known as
the “Alternative Dispute Resolution Act of 2004”: Provided, however, That,
disputes that are within the competence of the Construction Industry
Arbitration Commission to resolve shall be referred thereto. The process of
arbitration shall be incorporated as a provision in this Contract that will be
executed pursuant to the provisions of the Act and its IRR: Provided, further,
That, by mutual agreement, the parties may agree in writing to resort to other
alternative modes of dispute resolution.

62
22. Suspension of Loan, Credit, Grant, or Appropriation
In the event that the Funding Source suspends the Loan, Credit, Grant, or
Appropriation to the Procuring Entity, from which part of the payments to the
Contractor are being made:

(a) The Procuring Entity is obligated to notify the Contractor of such suspension
within seven (7) days of having received the suspension notice.

(b) If the Contractor has not received sums due it for work already done within
forty five (45) days from the time the Contractor’s claim for payment has been
certified by the Procuring Entity’s Representative, the Contractor may
immediately issue a suspension of work notice in accordance with GCC
Clause 45.2.

23. Procuring Entity’s Representative’s Decisions

23.1. Except where otherwise specifically stated, the Procuring Entity’s
Representative will decide contractual matters between the Procuring Entity
and the Contractor in the role representing the Procuring Entity.

23.2. The Procuring Entity’s Representative may delegate any of his duties and
responsibilities to other people, except to the Arbiter, after notifying the
Contractor, and may cancel any delegation after notifying the Contractor.

24. Approval of Drawings and Temporary Works by the Procuring

Entity’s Representative
24.1. All Drawings prepared by the Contractor for the execution of the Temporary
Works, are subject to prior approval by the Procuring Entity’s Representative
before its use.

24.2. The Contractor shall be responsible for design of Temporary Works.

24.3. The Procuring Entity’s Representative’s approval shall not alter the
Contractor’s responsibility for design of the Temporary Works.

24.4. The Contractor shall obtain approval of third parties to the design of the
Temporary Works, when required by the Procuring Entity.

25. Acceleration and Delays Ordered by the Procuring Entity’s

Representative
25.1. When the Procuring Entity wants the Contractor to finish before the Intended
Completion Date, the Procuring Entity’s Representative will obtain priced
proposals for achieving the necessary acceleration from the Contractor. If the
Procuring Entity accepts these proposals, the Intended Completion Date will
be adjusted accordingly and confirmed by both the Procuring Entity and the
Contractor.

63
 25.2. If the Contractor’s Financial Proposals for an acceleration are accepted by the
Procuring Entity, they are incorporated in the Contract Price and treated as a
Variation.

26. Extension of the Intended Completion Date

26.1. The Procuring Entity’s Representative shall extend the Intended Completion
Date if a Variation is issued which makes it impossible for the Intended
Completion Date to be achieved by the Contractor without taking steps to
accelerate the remaining work, which would cause the Contractor to incur
additional costs. No payment shall be made for any event which may warrant
the extension of the Intended Completion Date.

26.2. The Procuring Entity’s Representative shall decide whether and by how much
to extend the Intended Completion Date within twenty one (21) days of the
Contractor asking the Procuring Entity’s Representative for a decision thereto
after fully submitting all supporting information. If the Contractor has failed
to give early warning of a delay or has failed to cooperate in dealing with a
delay, the delay by this failure shall not be considered in assessing the new
Intended Completion Date.

27. Right to Vary

27.1. The Procuring Entity’s Representative with the prior approval of the Procuring
Entity may instruct Variations, up to a maximum cumulative amount of ten
percent (10%) of the original contract cost.

27.2. Variations shall be valued as follows:

(a) At a lump sum price agreed between the parties;

(b) where appropriate, at rates in this Contract;

(c) in the absence of appropriate rates, the rates in this Contract shall be
used as the basis for valuation; or failing which

(d) at appropriate new rates, equal to or lower than current industry rates
and to be agreed upon by both parties and approved by the HoPE.

28. Contractor's Right to Claim

If the Contractor incurs cost as a result of any of the events under GCC Clause 13, the
Contractor shall be entitled to the amount of such cost. If as a result of any of the said
events, it is necessary to change the Works, this shall be dealt with as a Variation.

29. Dayworks
29.1. Subject to GCC Clause 43 on Variation Order, and if applicable as indicated
in the SCC, the Dayworks rates in the Contractor’s bid shall be used for small
additional amounts of work only when the Procuring Entity’s Representative

64
 has given written instructions in advance for additional work to be paid for in
that way.

29.2. All work to be paid for as Dayworks shall be recorded by the Contractor on
forms approved by the Procuring Entity’s Representative. Each completed
form shall be verified and signed by the Procuring Entity’s Representative
within two days of the work being done.

29.3. The Contractor shall be paid for Dayworks subject to obtaining signed
Dayworks forms.

30. Early Warning

30.1. The Contractor shall warn the Procuring Entity’s Representative at the earliest
opportunity of specific likely future events or circumstances that may
adversely affect the quality of the work, increase the Contract Price, or delay
the execution of the Works. The Procuring Entity’s Representative may
require the Contractor to provide an estimate of the expected effect of the
future event or circumstance on the Contract Price and Completion Date. The
estimate shall be provided by the Contractor as soon as reasonably possible.

30.2. The Contractor shall cooperate with the Procuring Entity’s Representative in
making and considering proposals for how the effect of such an event or
circumstance can be avoided or reduced by anyone involved in the work and
in carrying out any resulting instruction of the Procuring Entity’s
Representative.

31. Program of Work

31.1. Within the time stated in the SCC, the Contractor shall submit to the
Procuring Entity’s Representative for approval a Program of Work showing
the general methods, arrangements, order, and timing for all the activities in
the Works.

31.2. An update of the Program of Work shall show the actual progress achieved on
each activity and the effect of the progress achieved on the timing of the
remaining work, including any changes to the sequence of the activities.

31.3. The Contractor shall submit to the Procuring Entity’s Representative for
approval an updated Program of Work at intervals no longer than the period
stated in the SCC. If the Contractor does not submit an updated Program of
Work within this period, the Procuring Entity’s Representative may withhold
the amount stated in the SCC from the next payment certificate and continue
to withhold this amount until the next payment after the date on which the
overdue Program of Work has been submitted.

31.4. The Procuring Entity’s Representative’s approval of the Program of Work

shall not alter the Contractor’s obligations. The Contractor may revise the
Program of Work and submit it to the Procuring Entity’s Representative again
at any time. A revised Program of Work shall show the effect of any approved
Variations.

65
 31.5. When the Program of Work is updated, the Contractor shall provide the
Procuring Entity’s Representative with an updated cash flow forecast. The
cash flow forecast shall include different currencies, as defined in the
Contract, converted as necessary using the Contract exchange rates.

31.6. All Variations shall be included in updated Program of Work produced by the
Contractor.

32. Management Conferences

32.1. Either the Procuring Entity’s Representative or the Contractor may require the
other to attend a Management Conference. The Management Conference shall
review the plans for remaining work and deal with matters raised in
accordance with the early warning procedure.

32.2. The Procuring Entity’s Representative shall record the business of

Management Conferences and provide copies of the record to those attending
the Conference and to the Procuring Entity. The responsibility of the parties
for actions to be taken shall be decided by the Procuring Entity’s
Representative either at the Management Conference or after the Management
Conference and stated in writing to all who attended the Conference.

33. Bill of Quantities

33.1. The Bill of Quantities shall contain items of work for the construction,
installation, testing, and commissioning of work to be done by the Contractor.

33.2. The Bill of Quantities is used to calculate the Contract Price. The Contractor
is paid for the quantity of the work done at the rate in the Bill of Quantities for
each item.

33.3. If the final quantity of any work done differs from the quantity in the Bill of
Quantities for the particular item and is not more than twenty five percent
(25%) of the original quantity, provided the aggregate changes for all items do
not exceed ten percent (10%) of the Contract price, the Procuring Entity’s
Representative shall make the necessary adjustments to allow for the changes
subject to applicable laws, rules, and regulations.

33.4. If requested by the Procuring Entity’s Representative, the Contractor shall

provide the Procuring Entity’s Representative with a detailed cost breakdown
of any rate in the Bill of Quantities.

34. Instructions, Inspections and Audits

34.1. The Procuring Entity’s personnel shall at all reasonable times during
construction of the Work be entitled to examine, inspect, measure and test the
materials and workmanship, and to check the progress of the construction.

34.2. If the Procuring Entity’s Representative instructs the Contractor to carry out a
test not specified in the Specification to check whether any work has a defect

66
 and the test shows that it does, the Contractor shall pay for the test and any
samples. If there is no defect, the test shall be a Compensation Event.

34.3. The Contractor shall permit the Funding Source named in the SCC to inspect
the Contractor’s accounts and records relating to the performance of the
Contractor and to have them audited by auditors appointed by the Funding
Source, if so required by the Funding Source.

35. Identifying Defects

The Procuring Entity’s Representative shall check the Contractor’s work and notify
the Contractor of any defects that are found. Such checking shall not affect the
Contractor’s responsibilities. The Procuring Entity’s Representative may instruct the
Contractor to search uncover defects and test any work that the Procuring Entity’s
Representative considers below standards and defective.

36. Cost of Repairs

Loss or damage to the Works or Materials to be incorporated in the Works between
the Start Date and the end of the Defects Liability Periods shall be remedied by the
Contractor at the Contractor’s cost if the loss or damage arises from the Contractor’s
acts or omissions.

37. Correction of Defects

37.1. The Procuring Entity’s Representative shall give notice to the Contractor of
any defects before the end of the Defects Liability Period, which is One (1)
year from project completion up to final acceptance by the Procuring Entity’s
Representative.

37.2. Every time notice of a defect is given, the Contractor shall correct the notified
defect within the length of time specified in the Procuring Entity’s
Representative’s notice.

37.3. The Contractor shall correct the defects which he notices himself before the
end of the Defects Liability Period.

37.4. The Procuring Entity shall certify that all defects have been corrected. If the
Procuring Entity considers that correction of a defect is not essential, he can
request the Contractor to submit a quotation for the corresponding reduction in
the Contract Price. If the Procuring Entity accepts the quotation, the
corresponding change in the SCC is a Variation.

38. Uncorrected Defects

38.1. The Procuring Entity shall give the Contractor at least fourteen (14) days
notice of his intention to use a third party to correct a Defect. If the Contractor
does not correct the Defect himself within the period, the Procuring Entity
may have the Defect corrected by the third party. The cost of the correction
will be deducted from the Contract Price.

67
 38.2. The use of a third party to correct defects that are uncorrected by the
Contractor will in no way relieve the Contractor of its liabilities and warranties
under the Contract.

39. Advance Payment

39.1. The Procuring Entity shall, upon a written request of the contractor which
shall be submitted as a contract document, make an advance payment to the
contractor in an amount not exceeding fifteen percent (15%) of the total
contract price, to be made in lump sum or, at the most two, installments
according to a schedule specified in the SCC.

39.2. The advance payment shall be made only upon the submission to and
acceptance by the Procuring Entity of an irrevocable standby letter of credit of
equivalent value from a commercial bank, a bank guarantee or a surety bond
callable upon demand, issued by a surety or insurance company duly licensed
by the Insurance Commission and confirmed by the Procuring Entity.

39.3. The advance payment shall be repaid by the Contractor by an amount equal to
the percentage of the total contract price used for the advance payment.

39.4. The contractor may reduce his standby letter of credit or guarantee instrument
by the amounts refunded by the Monthly Certificates in the advance payment.

39.5. The Procuring Entity will provide an Advance Payment on the Contract Price
as stipulated in the Conditions of Contract, subject to the maximum amount
stated in SCC Clause 39.1.

40. Progress Payments

40.1. The Contractor may submit a request for payment for Work accomplished.
Such request for payment shall be verified and certified by the Procuring
Entity’s Representative/Project Engineer. Except as otherwise stipulated in
the SCC, materials and equipment delivered on the site but not completely put
in place shall not be included for payment.

40.2. The Procuring Entity shall deduct the following from the certified gross
amounts to be paid to the contractor as progress payment:

(a) Cumulative value of the work previously certified and paid for.

(b) Portion of the advance payment to be recouped for the month.

(c) Retention money in accordance with the condition of contract.

(d) Amount to cover third party liabilities.

(e) Amount to cover uncorrected discovered defects in the works.

40.3. Payments shall be adjusted by deducting therefrom the amounts for advance
payments and retention. The Procuring Entity shall pay the Contractor the
amounts certified by the Procuring Entity’s Representative within twenty eight

68
 (28) days from the date each certificate was issued. No payment of interest for
delayed payments and adjustments shall be made by the Procuring Entity.

40.4. The first progress payment may be paid by the Procuring Entity to the
Contractor provided that at least twenty percent (20%) of the work has been
accomplished as certified by the Procuring Entity’s Representative.

40.5. Items of the Works for which a price of “0” (zero) has been entered will not be
paid for by the Procuring Entity and shall be deemed covered by other rates
and prices in the Contract.

41. Payment Certificates

41.1. The Contractor shall submit to the Procuring Entity’s Representative monthly
statements of the estimated value of the work executed less the cumulative
amount certified previously.

41.2. The Procuring Entity’s Representative shall check the Contractor’s monthly
statement and certify the amount to be paid to the Contractor.

41.3. The value of Work executed shall:

(a) be determined by the Procuring Entity’s Representative;

(b) comprise the value of the quantities of the items in the Bill of
Quantities completed; and

(c) include the valuations of approved variations.

41.4. The Procuring Entity’s Representative may exclude any item certified in a
previous certificate or reduce the proportion of any item previously certified in
any certificate in the light of later information.

42. Retention
42.1. The Procuring Entity shall retain from each payment due to the Contractor an
amount equal to a percentage thereof using the rate as specified in GCC Sub-
Clause 42.2.

42.2. Progress payments are subject to retention of ten percent (10%), referred to as
the “retention money.” Such retention shall be based on the total amount due
to the Contractor prior to any deduction and shall be retained from every
progress payment until fifty percent (50%) of the value of Works, as
determined by the Procuring Entity, are completed. If, after fifty percent
(50%) completion, the Work is satisfactorily done and on schedule, no
additional retention shall be made; otherwise, the ten percent (10%) retention
shall again be imposed using the rate specified therefor.

42.3. The total “retention money” shall be due for release upon final acceptance of
the Works. The Contractor may, however, request the substitution of the
retention money for each progress billing with irrevocable standby letters of
credit from a commercial bank, bank guarantees or surety bonds callable on

69
 demand, of amounts equivalent to the retention money substituted for and
acceptable to the Procuring Entity, provided that the project is on schedule and
is satisfactorily undertaken. Otherwise, the ten (10%) percent retention shall
be made. Said irrevocable standby letters of credit, bank guarantees and/or
surety bonds, to be posted in favor of the Government shall be valid for a
duration to be determined by the concerned implementing office/agency or
Procuring Entity and will answer for the purpose for which the ten (10%)
percent retention is intended, i.e., to cover uncorrected discovered defects and
third party liabilities.

42.4. On completion of the whole Works, the Contractor may substitute retention
money with an “on demand” Bank guarantee in a form acceptable to the
Procuring Entity.

43. Variation Orders

43.1. Variation Orders may be issued by the Procuring Entity to cover any
increase/decrease in quantities, including the introduction of new work items
that are not included in the original contract or reclassification of work items
that are either due to change of plans, design or alignment to suit actual field
conditions resulting in disparity between the preconstruction plans used for
purposes of bidding and the “as staked plans” or construction drawings
prepared after a joint survey by the Contractor and the Procuring Entity after
award of the contract, provided that the cumulative amount of the Variation
Order does not exceed ten percent (10%) of the original project cost. The
addition/deletion of Works should be within the general scope of the project as
bid and awarded. The scope of works shall not be reduced so as to
accommodate a positive Variation Order. A Variation Order may either be in
the form of a Change Order or Extra Work Order.

43.2. A Change Order may be issued by the Procuring Entity to cover any
increase/decrease in quantities of original Work items in the contract.

43.3. An Extra Work Order may be issued by the Procuring Entity to cover the
introduction of new work necessary for the completion, improvement or
protection of the project which were not included as items of Work in the
original contract, such as, where there are subsurface or latent physical
conditions at the site differing materially from those indicated in the contract,
or where there are duly unknown physical conditions at the site of an unusual
nature differing materially from those ordinarily encountered and generally
recognized as inherent in the Work or character provided for in the contract.

43.4. Any cumulative Variation Order beyond ten percent (10%) shall be subject of
another contract to be bid out if the works are separable from the original
contract. In exceptional cases where it is urgently necessary to complete the
original scope of work, the HoPE may authorize a positive Variation Order go
beyond ten percent (10%) but not more than twenty percent (20%) of the
original contract price, subject to the guidelines to be determined by the
GPPB: Provided, however, That appropriate sanctions shall be imposed on the
designer, consultant or official responsible for the original detailed

70
 engineering design which failed to consider the Variation Order beyond ten
percent (10%).

43.5. In claiming for any Variation Order, the Contractor shall, within seven (7)
calendar days after such work has been commenced or after the circumstances
leading to such condition(s) leading to the extra cost, and within twenty-eight
(28) calendar days deliver a written communication giving full and detailed
particulars of any extra cost in order that it may be investigated at that time.
Failure to provide either of such notices in the time stipulated shall constitute a
waiver by the contractor for any claim. The preparation and submission of
Variation Orders are as follows:

(a) If the Procuring Entity’s representative/Project Engineer believes that a

Change Order or Extra Work Order should be issued, he shall prepare
the proposed Order accompanied with the notices submitted by the
Contractor, the plans therefore, his computations as to the quantities of
the additional works involved per item indicating the specific stations
where such works are needed, the date of his inspections and
investigations thereon, and the log book thereof, and a detailed
estimate of the unit cost of such items of work, together with his
justifications for the need of such Change Order or Extra Work Order,
and shall submit the same to the HoPE for approval.

(b) The HoPE or his duly authorized representative, upon receipt of the
proposed Change Order or Extra Work Order shall immediately
instruct the appropriate technical staff or office of the Procuring Entity
to conduct an on-the-spot investigation to verify the need for the Work
to be prosecuted and to review the proposed plan, and prices of the
work involved.

(c) The technical staff or appropriate office of the Procuring Entity shall
submit a report of their findings and recommendations, together with
the supporting documents, to the Head of Procuring Entity or his duly
authorized representative for consideration.

(d) The HoPE or his duly authorized representative, acting upon the
recommendation of the technical staff or appropriate office, shall
approve the Change Order or Extra Work Order after being satisfied
that the same is justified, necessary, and in order.

(e) The timeframe for the processing of Variation Orders from the
preparation up to the approval by the Procuring Entity concerned shall
not exceed thirty (30) calendar days.

44. Contract Completion

Once the project reaches an accomplishment of ninety five (95%) of the total contract
amount, the Procuring Entity may create an inspectorate team to make preliminary
inspection and submit a punch-list to the Contractor in preparation for the final
turnover of the project. Said punch-list will contain, among others, the remaining
Works, Work deficiencies for necessary corrections, and the specific duration/time to

71
 fully complete the project considering the approved remaining contract time. This,
however, shall not preclude the claim of the Procuring Entity for liquidated damages.

45. Suspension of Work

45.1. The Procuring Entity shall have the authority to suspend the work wholly or
partly by written order for such period as may be deemed necessary, due to
force majeure or any fortuitous events or for failure on the part of the
Contractor to correct bad conditions which are unsafe for workers or for the
general public, to carry out valid orders given by the Procuring Entity or to
perform any provisions of the contract, or due to adjustment of plans to suit
field conditions as found necessary during construction. The Contractor shall
immediately comply with such order to suspend the work wholly or partly.

45.2. The Contractor or its duly authorized representative shall have the right to
suspend work operation on any or all projects/activities along the critical path
of activities after fifteen (15) calendar days from date of receipt of written
notice from the Contractor to the district engineer/regional director/consultant
or equivalent official, as the case may be, due to the following:

(a) There exist right-of-way problems which prohibit the Contractor from
performing work in accordance with the approved construction
schedule.

(b) Requisite construction plans which must be owner-furnished are not

issued to the contractor precluding any work called for by such plans.

(c) Peace and order conditions make it extremely dangerous, if not

possible, to work. However, this condition must be certified in writing
by the Philippine National Police (PNP) station which has
responsibility over the affected area and confirmed by the Department
of Interior and Local Government (DILG) Regional Director.

(d) There is failure on the part of the Procuring Entity to deliver

government-furnished materials and equipment as stipulated in the
contract.

(e) Delay in the payment of Contractor’s claim for progress billing beyond
forty-five (45) calendar days from the time the Contractor’s claim has
been certified to by the procuring entity’s authorized representative
that the documents are complete unless there are justifiable reasons
thereof which shall be communicated in writing to the Contractor.

45.3. In case of total suspension, or suspension of activities along the critical path,
which is not due to any fault of the Contractor, the elapsed time between the
effectivity of the order suspending operation and the order to resume work
shall be allowed the Contractor by adjusting the contract time accordingly.

46. Payment on Termination

72
 46.1. If the Contract is terminated because of a fundamental breach of Contract by
the Contractor, the Procuring Entity’s Representative shall issue a certificate
for the value of the work done and Materials ordered less advance payments
received up to the date of the issue of the certificate and less the percentage to
apply to the value of the work not completed, as indicated in the SCC.
Additional Liquidated Damages shall not apply. If the total amount due to the
Procuring Entity exceeds any payment due to the Contractor, the difference
shall be a debt payable to the Procuring Entity.

46.2. If the Contract is terminated for the Procuring Entity’s convenience or because
of a fundamental breach of Contract by the Procuring Entity, the Procuring
Entity’s Representative shall issue a certificate for the value of the work done,
Materials ordered, the reasonable cost of removal of Equipment, repatriation
of the Contractor’s personnel employed solely on the Works, and the
Contractor’s costs of protecting and securing the Works, and less advance
payments received up to the date of the certificate.

46.3. The net balance due shall be paid or repaid within twenty eight (28) days from
the notice of termination.

46.4. If the Contractor has terminated the Contract under GCC Clauses 17 or 18, the
Procuring Entity shall promptly return the Performance Security to the
Contractor.

47. Extension of Contract Time

47.1. Should the amount of additional work of any kind or other special
circumstances of any kind whatsoever occur such as to fairly entitle the
contractor to an extension of contract time, the Procuring Entity shall
determine the amount of such extension; provided that the Procuring Entity is
not bound to take into account any claim for an extension of time unless the
Contractor has, prior to the expiration of the contract time and within thirty
(30) calendar days after such work has been commenced or after the
circumstances leading to such claim have arisen, delivered to the Procuring
Entity notices in order that it could have investigated them at that time. Failure
to provide such notice shall constitute a waiver by the Contractor of any claim.
Upon receipt of full and detailed particulars, the Procuring Entity shall
examine the facts and extent of the delay and shall extend the contract time
completing the contract work when, in the Procuring Entity’s opinion, the
findings of facts justify an extension.

47.2. No extension of contract time shall be granted the Contractor due to (a)
ordinary unfavorable weather conditions and (b) inexcusable failure or
negligence of Contractor to provide the required equipment, supplies or
materials.

47.3. Extension of contract time may be granted only when the affected activities
fall within the critical path of the PERT/CPM network.

47.4. No extension of contract time shall be granted when the reason given to
support the request for extension was already considered in the determination

73
 of the original contract time during the conduct of detailed engineering and in
the preparation of the contract documents as agreed upon by the parties before
contract perfection.

47.5. Extension of contract time shall be granted for rainy/unworkable days

considered unfavorable for the prosecution of the works at the site, based on
the actual conditions obtained at the site, in excess of the number of
rainy/unworkable days pre-determined by the Procuring Entity in relation to
the original contract time during the conduct of detailed engineering and in the
preparation of the contract documents as agreed upon by the parties before
contract perfection, and/or for equivalent period of delay due to major
calamities such as exceptionally destructive typhoons, floods and earthquakes,
and epidemics, and for causes such as non-delivery on time of materials,
working drawings, or written information to be furnished by the Procuring
Entity, non-acquisition of permit to enter private properties or non-execution
of deed of sale or donation within the right-of-way resulting in complete
paralyzation of construction activities, and other meritorious causes as
determined by the Procuring Entity’s Representative and approved by the
HoPE. Shortage of construction materials, general labor strikes, and peace and
order problems that disrupt construction operations through no fault of the
Contractor may be considered as additional grounds for extension of contract
time provided they are publicly felt and certified by appropriate government
agencies such as DTI, DOLE, DILG, and DND, among others. The written
consent of bondsmen must be attached to any request of the Contractor for
extension of contract time and submitted to the Procuring Entity for
consideration and the validity of the Performance Security shall be
correspondingly extended.

48. Price Adjustment

Except for extraordinary circumstances as determined by NEDA and approved by the
GPPB, no price escalation shall be allowed. Nevertheless, in cases where the cost of
the awarded contract is affected by any applicable new laws, ordinances, regulations,
or other acts of the GoP, promulgated after the date of bid opening, a contract price
adjustment shall be made or appropriate relief shall be applied on a no loss-no gain
basis.

49. Completion
The Contractor shall request the Procuring Entity’s Representative to issue a
certificate of Completion of the Works, and the Procuring Entity’s Representative will
do so upon deciding that the work is completed.

50. Taking Over

The Procuring Entity shall take over the Site and the Works within seven (7) days
from the date the Procuring Entity’s Representative issues a certificate of Completion.

51. Operating and Maintenance Manuals

74
51.1. If “as built” Drawings and/or operating and maintenance manuals are required,
the Contractor shall supply them by the dates stated in the SCC.

51.2. If the Contractor does not supply the Drawings and/or manuals by the dates
stated in the SCC, or they do not receive the Procuring Entity’s
Representative’s approval, the Procuring Entity’s Representative shall
withhold the amount stated in the SCC from payments due to the Contractor.

75
 Section V. Special Conditions of Contract
Notes on the Special Conditions of Contract
Similar to the

Section III. Bid Data Sheet, the clauses in this Section are intended to assist the Procuring
Entity in providing contract-specific information in relation to corresponding clauses in the
GCC.
The provisions of this Section complement the GCC, specifying contractual requirements
linked to the special circumstances of the Procuring Entity, the Procuring Entity’s country,
the sector, and the Works procured. In preparing this Section, the following aspects should
be checked:
(a) Information that complements provisions of Section IV. General Conditions of
Contract must be incorporated.
(b) Amendments and/or supplements to provisions of Section IV. General Conditions
of Contract, as necessitated by the circumstances of the specific project, must also
be incorporated.
However, no special condition which defeats or negates the general intent and purpose of
the provisions of Section IV. General Conditions of Contract should be incorporated
herein.
For foreign-assisted projects, the Special Conditions of Contract to be used is provided in
Section X-Foreign-Assisted Projects.

76
 Special Conditions of Contract

GCC Clause
1.17 The Intended Completion Date is 120 days upon receipt of the Notice
to Proceed.
1.22 The Procuring Entity is Municipal Local Government Unit of Gigaquit,
Gigaquit Municipal Hall Building, Ipil, Gigaquit, Surigao del Norte.
1.23 The Procuring Entity’s Representative is HON. CHANDRU T.
BONITE.
1.24 The Site is located at Sitio Bayasugao, Villafranca, Gigaquit, Surigao
del Norte
1.28 The Start Date is Ten Calendar Days from the receipt of Notice to
Proceed..
1.31 The Works consist of Provision of Living Quarter for the Engineer
(Rental Basis), Construction Survey & Staking, Project Billboard,
Occupational Safety & Health Program, Traffic Management,
Mobilization/Demobilization, Clearing and Grubbing, Foundation Fill,
Pipe Culvert & Drain Excavation (Common Soil), Embankment (From
Borrow), Sub-grade Preparation (Common Materials), Aggregate
Subbase Course (0.20 m. thick), PCC Pavement (Unreinforced), (0.20
m. thick), Pipe Culverts (610 mm Ø, Class II, RCPC), Grouted Riprap
(Class A).
2.2 Not Applicable
5.1 The Procuring Entity shall give possession of all parts of the Site to the
Contractor 10 Calendar Days from the receipt of Notice to Proceed..
6.5 The Contractor shall employ the following Key Personnel:

Project Engineer

Materials Engineer
7.4(c) “No further instructions.”
7.7 No further instructions.
8.1 No further instructions.

10 The site investigation reports are: None

12.3 No further instructions.
12.5 In case of semi-permanent structures, such as buildings of types 1, 2, and

77
 3 as classified under the National Building Code of the Philippines,
concrete/asphalt roads, concrete river control, drainage, irrigation lined
canals, river landing, deep wells, rock causeway, pedestrian overpass,
and other similar semi-permanent structures: Five (5) years.
13 No additional provision.
18.3(h)(i) No further instructions.
21.2 The Arbiter is:
29.1 No dayworks are applicable to the contract.
31.1 The Contractor shall submit the Program of Work to the Procuring
Entity’s Representative within 10 days of delivery of the Notice of
Award.
31.3 The period between Program of Work updates is 7 days.

The amount to be withheld for late submission of an updated Program of

Work is Php 50,000.00.
34.3 The Funding Source is the Government of the Philippines Local
Government Support Fund (LGSF) 2020.
39.1 The amount of the advance payment is Fifteen Percent (15%) of the
Contract Amount
40.1 Materials and equipment delivered on the site but not completely put in
place shall be included for payment.
51.1 The date by which operating and maintenance manuals are required is
June 30, 2021.

The date by which “as built” drawings are required is June 30, 2021.
51.2 The amount to be withheld for failing to produce “as built” drawings
and/or operating and maintenance manuals by the date required is Php
50,000.00.

78
 Section VI. Specifications
Notes on Specifications
A set of precise and clear specifications is a prerequisite for Bidders to respond realistically
and competitively to the requirements of the Procuring Entity without qualifying or
conditioning their Bids. In the context of international competitive bidding, the
specifications must be drafted to permit the widest possible competition and, at the same
time, present a clear statement of the required standards of workmanship, materials, and
performance of the goods and services to be procured. Only if this is done will the
objectives of economy, efficiency, and fairness in procurement be realized, responsiveness
of Bids be ensured, and the subsequent task of bid evaluation facilitated. The
specifications should require that all goods and materials to be incorporated in the Works
be new, unused, of the most recent or current models, and incorporate all recent
improvements in design and materials unless provided otherwise in the Contract.

Samples of specifications from previous similar projects are useful in this respect. The use
of metric units is mandatory. Most specifications are normally written specially by the
Procuring Entity or its representative to suit the Works at hand. There is no standard set of
Specifications for universal application in all sectors in all regions, but there are
established principles and practices, which are reflected in these PBDs.

There are considerable advantages in standardizing General Specifications for repetitive

Works in recognized public sectors, such as highways, ports, railways, urban housing,
irrigation, and water supply, in the same country or region where similar conditions
prevail. The General Specifications should cover all classes of workmanship, materials,
and equipment commonly involved in construction, although not necessarily to be used in
a particular Works Contract. Deletions or addenda should then adapt the General
Specifications to the particular Works.

Care must be taken in drafting specifications to ensure that they are not restrictive. In the
specification of standards for goods, materials, and workmanship, recognized international
standards should be used as much as possible. Where other particular standards are used,
whether national standards or other standards, the specifications should state that goods,
materials, and workmanship that meet other authoritative standards, and which ensure
substantially equal or higher quality than the standards mentioned, will also be acceptable.
The following clause may be inserted in the SCC.

Sample Clause: Equivalency of Standards and Codes

79
Wherever reference is made in the Contract to specific standards and codes to be met by
the goods and materials to be furnished, and work performed or tested, the provisions of
the latest current edition or revision of the relevant standards and codes in effect shall
apply, unless otherwise expressly stated in the Contract. Where such standards and codes
are national, or relate to a particular country or region, other authoritative standards that
ensure a substantially equal or higher quality than the standards and codes specified will be
accepted subject to the Procuring Entity’s Representative’s prior review and written
consent. Differences between the standards specified and the proposed alternative
standards shall be fully described in writing by the Contractor and submitted to the
Procuring Entity’s Representative at least twenty eight (28) days prior to the date when the
Contractor desires the Procuring Entity’s Representative’s consent. In the event the
Procuring Entity’s Representative determines that such proposed deviations do not ensure
substantially equal or higher quality, the Contractor shall comply with the standards
specified in the documents.

These notes are intended only as information for the PRO Procuring Entity or the person
drafting the Bidding Documents. They should not be included in the final Bidding
Documents.

80
B.4-CONSTRUCTION SURVEY AND STAKING

B.4.1 Description

This item shall consist of furnishing the necessary equipment and material to
survey, stake, calculate, and record data for the control of work in accordance with this
Specification and in conformity with the lines, grades and dimensions shown on the Plans
or as established by the Engineer.

B.4.2 Construction Requirements

B.4.2.1 General

Staking activities shall be included in the construction schedule to be submitted

by the Contractor. Dates and sequence of each staking activity shall be included.

The Engineer shall set initial reference lines, horizontal and vertical control
points, and shall furnish the data for use in establishing control for the completion of each
element of the work. Data relating to horizontal and vertical alignments, theoretical slope
stake catch points, and other design data shall be furnished.

The Contractor shall be responsible for the true settling of the works or
improvements and for correctness of positions, levels, dimensions and alignment of all
parts of the works. He shall provide all necessary instruments, appliances, materials and
supplies, and labor in connection therewith. The Contractor shall provide a survey crew
supervisor at the project site whenever surveying/staking activity is in progress.

Prior to construction, the Engineer shall be notified of any missing initial

reference lines, controls, points, or stakes. The Engineer shall reestablish missing initial
reference lines, controls, points, or stakes.

The Contract for convenient use of Government-furnished data shall perform

additional calculations. Immediate notification of apparent errors in the initial staking or in
the furnished data shall be provided.

All initial reference and control points shall be preserved. At the start of
construction, all destroyed or disturbed initial reference or control points necessary to the
work shall be replaced.

Before surveying and staking, The Contractor shall discuss and coordinate the
following with the Engineer.

1. Surveying and staking methods

2. Stake marking/concrete monuments
3. Grade control for courses of material

81
 4. Referencing
5. Structure control
6. Any other procedures and controls necessary for the work
Established controls shall be within the tolerances shown in Table 1.

Table 1
Construction and Staking Tolerances (1)
Vertical
Staking phase Horizontal
Existing Government Network Control Points ± 20 mm ± 8 mm x 4K(2)
Local Supplemental Control Points set from ± 10 mm ± 3 mm x 4N1(3)
Existing Government Network Points Centerline
Points (PC),(PT),(POT), and (POC) including
references ± 10 mm ± 10 mm
Other centerline points ± 50 mm ± 50 mm
Cross-section points and slope stakes ± 50 mm ± 50 mm
Slope stakes references ± 50 mm ± 50 mm
Culverts, ditches, and minor drainage structures ± 50 mm ± 20 mm
Retaining walls and curb and gutter ± 20 mm ± 10 mm
Bridge substructures ± 10 mm (6) ± 10 mm
Bridge superstructures ± 10 mm (6) ± 10 mm
Clearing and grubbing limits ± 500 mm
Roadway subgrade finish stakes(7) ± 50 mm ± 10 mm
Roadway finish grade stakes(7) ± 50 mm ± 10 mm

(1) At 95 % confidence level. Tolerances are relative to existing Government network

control points.
(2) K is the distance in kilometers.
(3) N is the number of instrument setups.
(4) Center points : PC- point of curve, PT-point of tangent, POT-point of tangent, POC-
point of curve
(5) Take the cross-sections normal to the centerline +1 degree.
(6) Bridge control is established as local network and the tolerances are relative to that
network.
(7) Include pave ditches.

The Contractor shall prepare field notes in an approved format. All field notes and
supporting documentation shall become the property of the government upon completion
of the work.

Work shall only be started after staking for the affected work is accepted

82
 The construction survey and staking work may be spot-checked by the Engineer
for accuracy, and unacceptable portions of work may be rejected. Rejected shall be
resurveyed, and work that is not within the tolerances specified in Table 1 shall be
corrected. Acceptance of the construction staking shall not relieve the Contractor of
responsibility for correcting errors discovered during the work and for bearing all
additional costs associated with the error, unless such error is based on incorrect data
supplied in writing by the Engineer, in which case, the expense in rectifying the same
shall be at the expense of the Government.

In the case of “change” or “changed conditions” which involve any change in

stakeout, the Contractor shall coordinate with the Engineer and facilitate the prompt
reestablishment of the field control for the altered or adjusted work.

All flagging, lath, stakes, and other staking materials shall be removed and
disposed after the project is completed.

B.4.2.2 Equipment

Survey instruments and supporting equipment capable of achieving the specified

tolerances shall be furnished.

Acceptable tools, supplies, and stakes of the type and quality normally used in
highway survey work and suitable for the intended use shall be furnished. Stakes and
hubs of sufficient length to provide a solid set in the ground with sufficient surface area
above ground for necessary legible markings shall also be furnished.

B.4.2.3 Survey and Staking Requirements

All survey, staking, recording of data, and calculations necessary to construct the
project from the initial layout to final completion shall be performed. Stakes shall be reset
as many times as necessary to construct the work.

1. Control Points
Established initial horizontal and vertical control points in conflict with
construction shall be relocated to areas that will not be disturbed by construction
operations. The coordinates and elevations for the relocated points shall be
furnished before the initial points are disturbed.

2. Roadway Cross-Sections
Roadway cross-sections shall be taken normal or perpendicular to the
centerline. When the centerline horizontal curve radius is less than or equal to
150 meters and vertical parabolic curve radius is less than or equal to 100
meters, cross-sections shall be taken at a maximum centerline spacing of 10
meters. When the centerline horizontal curve radius is greater than 150 meters

83
 and vertical parabolic curve radius is greater than 100 meters, cross-sections
shall be taken at a maximum centerline spacing of 20 meters. Additional cross-
sections shall be taken at significant breaks in topography and at changes in the
typical roadway section including transition change to super elevated sections.
Along each cross-section, point shall be measured and recorded at breaks in
topography and at change to super elevated sections hand shall be no further
apart than 5 meters. Points shall be measured and recorded to at least the
anticipated slope stake and reference locations. All cross-section distances shall
be reduced to horizontal distances from centerline.

3. Slope Stakes and References

Slope stakes and references shall be set on both sides of centerline at the
cross-section locations. Slope stakes shall be established in the field as the
actual point of intersection of the design roadway slope with the natural ground
line. Slope stake references shall be set outside the clearing limits. All reference
point and slope stake information shall be included on the reference stakes.
When initial references are provided, slope stakes may be set from these points
with verification of the slope stake location with field measurements. Slope
stakes on any section that do not match with the staking report within the
tolerances established in Table 1 shall be re catched. Roadway cross-section
data shall be taken between centerline and the new slope stake location.
Additional references shall be set even when the initial references are provided.

4. Clearing and Grubbing Limits

Clearing and grubbing limits shall be set on both sides of the centerline at
roadway cross-section locations, extending one (1) meter beyond the toe of the
fill slopes or beyond rounding of cut slopes as the case maybe for the entire
length of the project unless otherwise shown on the plans or as directed by the
Engineer.

5. Centerline Reestablishment
Centerline shall be reestablished from instrument control points. The
maximum spacing between centerline points shall be 10 meters when the
centerline horizontal curve radius is less than or equal to 150 meters and vertical
parabolic curve radius is less than or equal to 100 meters. When the centerline
horizontal curve radius is greater than 150 meters and vertical parabolic curve

84
 radius is greater than 100 meters, the maximum distance between centerline
points hall be 20 meters.

6. Grade Finishing Stakes

Grade finishing stakes shall be set for grade elevations and horizontal
alignment, at the centerline and at each shoulder of roadway cross-section
locations. Stakes shall be set at the top of subgrade and the top of each
aggregate course.

Where turnouts are constructed, stakes shall be set at the centerline, at

each normal shoulder, and at the shoulder of the turnout. In parking areas, hubs
shall be set at the center and along the edges of the parking area. Stakes shall be
set at all ditches to be paved.

The maximum longitudinal spacing between stakes shall be 10 meters

when the centerline horizontal curve radius is less than or equal to 150 meters
and vertical parabolic curve radius is less than or equal to 100 meters. When the
centerline horizontal curve radius is greater than 150 meters and vertical
parabolic curve radius is greater than 100 meters, the maximum longitudinal
spacing between stakes shall be 20 meters. The maximum transverse spacing
between stakes shall be 5 meters. Brushes or guard stakes shall be used at each
stake.

7. Culverts
Culverts shall be staked to fit field conditions. The location of culverts
may differ from the plans. The following shall be performed:

a. Survey and record the ground profile along the culvert centerline
including inlet and outlet channel profile of at least 10 meters and as
additionally directed by the Engineer so as to gather all necessary data
for the preparation of pipe projection plan.
b. Determine the slope catch points at the inlet and outlet.
c. Set the reference points and record information necessary to determine
culvert length and end treatments.
d. Plot into scale the profile along the culvert centerline reflecting the
natural ground elevation, invert elevation, the flow line, the roadway
section, and the size, length and the degree of elbow of culvert, end
treatments, grade and other appurtenances.

85
 e. Plot into scale the cross-section of inlet and outlet channel at not more
than 5 meters interval.
f. Submit the plotted Pipe Projection Plan for approval of final culvert
length, alignment and headwall.
g. When the Pipe Projection Plan has been approved, set drainage culvert
structure survey and reference stakes, and stake inlet and outlet to
make the structure functional.
8. Bridges
Adequate horizontal and vertical control and reference points shall be set
for all bridge structure and superstructure components. The bridge chord or the
bridge tangent shall be established and referenced. The centerline of each pier,
bent, and abutment shall also be established and referenced.

Set at least three (3) reference points each at downstream and upstream
potion. Conduct topographic survey and plot into scale at least 100 meter
upstream and downstream from centerline of bridge.

9. Retaining Walls and Other Types of Slope Protection Works

Profile measurements along the face of the proposed wall and 2 meters in
front of the wall face shall be surveyed and recorded. Cross-sections shall be
taken within the limits designated by the Engineer at every 5 meters along the
length of the wall and all major breaks in terrain. For each cross-section, points
shall be measured and recorded every 5 meters and at all major breaks in terrain.
Adequate references and horizontal and vertical control points shall be set.

10. Borrow and Wastes Sites

The work essential for initial layout and measurement of the borrow or
waste shall be performed. A referenced baseline, site limits, and clearing limits
shall be established. Initial and final cross-sections shall be surveyed and
recorded.

11. Permanent Monuments and Markers

All survey and staking necessary to establish permanent monuments and
markers shall be performed.

12. Miscellaneous Survey and Staking

86
 All Surveying, staking and recording of data essential for establishing the
layout and control of the following shall be performed, as applicable:

a. Approach roads and trails

b. Road Right of Way and Construction limit in accordance with the
approved Parcellary Plan.
c. Curb and gutter
d. Guardrail
e. Parking areas
f. Paved waterways and outfall structures
g. Lines canals and other ditches
h. Chutes and Spillways
i. Turf establishment
j. Utilities
k. Signs, delineators, and object markers
l. Pavement markings

B.4.3 Method of Measurement

Construction survey and staking shall be measured by the kilometer.

Bridge survey and staking and retaining wall survey and staking shall be measured by the
lump sum.

Slope, reference, and clearing and grubbing stakes shall be measured by the kilometer.

Centerline establishment shall be measured by the kilometer. Centerline reestablishment

shall be measured only one time.

Culvert survey and staking shall be measured by each.

Grade finishing stakes shall be measured by the kilometer

Subgrade shall be measured one time and each aggregate course shall also be measured
one time.

Permanent monuments and markers shall be measured by each unit and installed at the
proper locations.

Miscellaneous survey and staking shall be measured by the hour of survey work ordered
or by the lump sum. For miscellaneous survey and staking paid by the hour, the minimum
survey crew size shall be 2 persons. Time spent in making preparations, travelling to and
from the project site, performing calculations, plotting cross sections and other data,
processing computer data, and other efforts necessary to successfully accomplish

87
 construction survey and staking shall not be measured separately but deemed included as
subsidiary for each of the Pay Item.

B.4.4 Basis of Payment

The accepted quantities, measured as provided in Section B.4.3, shall be paid for
at the contract unit price for each of the Pay Item listed below that is included in the Bill
of Quantities.

Payment shall constitute full compensation for surveying, staking, calculating/processing

by any means and recording data, for furnishing and placing all materials, and for
furnishing all equipment, tools and incidentals necessary to complete the Item.

The construction survey and staking lump sum item shall be paid as follows:

a. 25% of the lump sum, not to exceed 0.5% of the original contract amount, shall
be paid following completion of 10% of the original contract amount.
b. Payment of the remaining portion of the lump sum shall be prorated based on
the total work completed.

The bridge survey and staking and the retaining wall survey and staking lump sum items
shall be paid on a prorated basis as the applicable work progresses.

Unit of
Pay Item Number Description
Measurement
B.4(1) Construction survey and staking Kilometer
B.4(2) Slope, reference, and clearing and Kilometer
grubbing stakes
B.4(3) Centerline establishment Kilometer
B.4(4) Culvert survey and staking Each
B.4(5) Bridge survey and staking Lump sum
B.4(6) Retaining wall survey and staking Lump sum
B.4(7) Grade finishing stakes Kilometer

88
 B.4(8) Permanent monuments and markers Each
B.4(9) Miscellaneous survey and staking Hour
B.4(10) Miscellaneous survey and staking Lump sum

Item B.5 Project Billboard/Signboard

A. Description
This item shall consist of furnishing, installing and maintaining during the
duration of the project, the project information signboard of the type specified in
accordance with this Specifications and the details as shown in the drawings.
Location for the signboard shall be identified by the Project-in-Charge.

The Project Billboard/Signboard shall be a tarpaulin signboard that must be

suitably framed for outdoor display at the project location and shall be posted as
soon as the award has been made.

B. Material Requirements
1. Sign Panel

The panel for the project information signboard shall be the standard 8 ft. x 8 ft.
while tarpaulin suitably framed. The design and format of the tarpaulin, as shown
in the drawing, shall have the following specifications:

Resolution : 70 dpi

Font: Helvetica

Font Size: Main Information -3”

Sub-Information – 1”

Font Color: Black

2. Post and Frames

The post and frames shall be hard wood of the specie indicated on the drawings.

3. Hardware
All hardware shall be of the kind and size specified on the drawings or as
approved by the Project-in-Charge.

C. Construction Requirements
1. Location

The project information signs shall be installed at the area designated by the
Project-in-Charge

89
 2. Excavation and Backfilling
Holes shall be excavated to the required depths of the bottom of the posts as
shown on the drawings.

3. Erection of Posts
The posts shall be erected vertically in position at the locations identified by the
Project-in-Charge.

4. Installation of the Sign Panel

The sign panel shall be erected in accordance with the details shown on the
drawings. Any chipping or bending of the sign panel shall be considered as
sufficient cause to require replacement of the panel at the expense of the
Contractor.

D. Method of Measurement
The accepted quantity, the number of set of signboard provided, shall be paid for
at the contract unit price for item Project Billboard/Signboard which price and
payment shall constitute full compensation for furnishing and placing all materials
including all labor, utilization of tools and equipment and incidentals necessary to
complete the work.

E. Basis of Payment
Unit of
Pay Item No. Description
Measurement

B.5 Project Billboard/Signboard Each

Item B.7 Occupational Safety and Health Program

B.7(2) Occupational Safety and Health Program

A. Description

This item shall be in accordance with DOLE Department Order No. 13,
otherwise known as Guidelines Governing Occupational Safety and Health in the
Construction Industry.

Personal Protective Equipment (PPE): All PPE and devices shall be in accordance
with the requirement of the Occupational Safety and Health Standards (OSHS) and
should pass the test conducted and/or standard sets by the Occupational Safety and
Health Center (OSHC). The Contractor shall provide the required PPE for all its
workers needing such equipment. All other persons entering the construction site must
wear the necessary PPE. The minimum required units of PPE necessary for the
duration of the project are as follows:

90
a) Safety Helmet
b) Safety Shoes
c) Safety Vest
d) Working Gloves
e) Rubber Boots
f) Rain Coat

91
 Safety and Health Officer/Personnel: The Contractor shall have over-all
management and coordination of all safety and health officers/personnel
responsible for ensuring compliance with the pertinent DOLE Guidelines
within the construction site. The safety and health personnel will report to
work within the contract period as follows:

a) Part-time Safety Officer

b) Full time Certified First-Aider

Safety on Construction Equipment: All heavy equipment operators must be accredited

and certified by TESDA while heavy equipment shall be tested and certified by
DOLE recognized association/organization.

Construction Safety Signage and Barricades: Mandatory provision of safety and

warnings signs shall be in place on the construction site and nearby area to warn the
workers and general public of the hazards existing in the worksite. Signs shall
conform to the standard requirements of the OSHS. Safety signage and barricades for
road works are included in Item B.8(2) Traffic Management.

B. Method of Measurement

The accepted quantity shall be paid for at the contract unit price for item Occupational
Safety and Health Program which price and payment shall constitute full compensation for all
the works and incidentals prescribe in this Item.

C. Basis of Payment

Unit of
Pay Item No. Description
Measurement

B.7(2) Occupational Safety and Health Program Lump Sum

Item B.9 MOBILIZATION/DEMOBILIZATION

A. Description
Mobilization: When the Contractor has executed the transport and furnishing
of all necessary manpower including equipment as well as all necessary
preparations and requirements for the execution of permanent works.
The Contractor shall mobilize and bring out into work all personnel and
equipment in accordance with his approved Construction Program, Equipment
Moving and Utilization Schedule and Manpower Schedule, from its regular
place of business or another project to the site to undertake the Contract. The
Contractor shall begin mobilizing manpower and construction equipment as
soon as the site been formalized.
Mobilized equipment required in the contract shall be duly listed by the
Contractor for approval from the Project-in-Charge.

92
 All Contractor’s initial mobilization cost such as planning and designing all
temporary works and facilities and making submittals to the Project-in-
Charge, recruiting and transferring staff, obtaining all necessary government
licenses, permits, clearances, etc., and any other costs involved in preparing to
carry out the permanent works as stipulated in the contract and/ or as required
by the Project-in-Charge, shall not be paid separately but shall be included in
the unit prices in general or specific overheads.
All items prescribed above shall comprise the general aspects of the
Mobilization Phase.

Demobilization: When the Contractor has moved out all its manpower and
equipment that are no longer necessary, and when the area is cleaned and
satisfactory.
Upon completion of the Project, the Contractor shall clear all areas under
contract to the satisfaction of the Project-in-Charge including the dismantling
of temporary facilities, hauling of salvaged materials to designated areas and
clearing, transport and disposal of all construction debris. The contractor shall
also pullout all existing manpower and equipment as duly approved by the
Project-in-Charge.
Costs incurred in demobilization shall be included in this Item.
All items prescribed above shall comprise the general aspects of the
Demobilization Phase.

B. Method of Measurement
The accepted quantity shall be paid for at the contract unit price for item
Mobilization and Demobilization which price and payment shall constitute full
compensation for all the works and incidentals prescribe in this Item:

C. Basis of Payment
Payment will be made under:

Pay Item Unit of

Description
No. Measurement

B.9 Mobilization/Demobilization Lump Sum

ITEM 103-STRUCTURE EXCAVATION

103.1 Description

This Item shall consist of the necessary excavation for foundation of bridges,
culverts, underdrains, and other structures not otherwise provided for in the

93
 Specifications. Except as otherwise provided for pipe culverts, the backfilling of
completed structures and the disposal of all excavated surplus materials, shall be in
accordance with these Specifications and in reasonably close conformity with the
Plans or as established by the Engineer.

This Item shall include necessary diverting of live streams, bailing, pumping,
draining, sheeting, bracing, and the necessary construction of cribs and cofferdams,
and furnishing the materials therefore, and the subsequent removal of cribs and
cofferdams and the placing of all necessary backfill.

It shall also include furnishing and placing of approved foundation fill

material to replace unsuitable material encountered below the foundation elevation of
structures.

No allowance will be made for classification of different types of material

encountered.

103.2 Construction Requirements

103.2.1 Clearing and Grubbing

Prior to starting excavation operations in any area, all necessary clearing and
grubbing in that area shall have been performed in accordance with Item 100,
Clearing and Grubbing.

103.2.2 Excavation

(1) General, all structures. The Contractor shall notify the Engineer sufficiently in
advance of the beginning of any excavation so that cross-sectional elevations and
measurements may be taken on the undisturbed ground. The natural ground adjacent to
the structure shall not be disturbed without permission of the Engineer.

Trenches or foundation pits for structures or structure footings shall be excavated to

the lines and grades or elevations shown on the Plans or as staked by the Engineer.
They shall be of sufficient size to permit the placing of structures or structure footings
of the full width and length shown. The elevations of the bottoms of footings, as shown
on the Plans, shall be considered as approximate only and the Engineer may order, in
writing, such changes in dimensions or elevations of footings as may be deemed
necessary, to secure a satisfactory foundation.

Boulders, logs, and other objectionable materials encountered in excavation shall be

removed.

After each excavation is completed, the Contractor shall notify the Engineer to that
effect and no footing, bedding material or pipe culvert shall be placed until the
Engineer has approved the depth of excavation and the character of the foundation
material.

Where pipe culverts are to be placed in trenches excavated in embankments, the

excavation of each trench shall be plane parallel to the proposed profile grade and to
such height above the bottom of the pipe as shown on the Plans or directed by the
Engineer.

94
103.2.3 Utilization of Excavated Materials

All excavated materials, so far as suitable, shall be utilized as backfill or

embankment. The surplus materials shall be disposed off in such manner as not to
obstruct the stream or otherwise impair the efficiency or appearance of the structure.
No excavated materials shall be deposited at any time so as to endanger the partly
finished structure.

103.2.4 Cofferdams

Suitable and practically watertight cofferdams shall be used wherever water-

bearing strata are encountered above the elevation of the bottom of the excavation. If
requested, the Contractor shall submit drawings showing his proposed method of
cofferdam construction, as directed by the Engineer.

Cofferdams or cribs for foundation construction shall in general, be carried

well below the bottoms of the footings and shall be well braced and as nearly
watertight as practicable. In general, the interior dimensions of cofferdams shall be
such as to give sufficient clearance for the construction of forms and the inspection of
their exteriors, and to permit pumping outside of the forms. Cofferdams or cribs which
are tilted or moved laterally during the process of sinking shall be righted or enlarged
so as to provide the necessary clearance.

When conditions are encountered which, as determined by the Engineer,

render it impracticable to dewater the foundation before placing the footing, the
Engineer may require the construction of a concrete foundation seal of such
dimensions as he may consider necessary, and of such thickness as to resist any
possible uplift. The concrete for such seal shall be placed as shown on the Plans or
directed by the Engineer. The foundation shall then be dewatered and the footing
placed. When weighted cribs are employed and the mass is utilized to overcome
partially the hydrostatic pressure acting against the bottom of the foundation seal,
special anchorage such as dowels or keys shall be provided to transfer the entire mass
of the crib to the foundation seal. When a foundation seal is placed under water, the
cofferdams shall be vented or ported at low water level as directed.

Cofferdams shall be constructed so as to protect green concrete against

damage from sudden rising of the stream and to prevent damage to the foundation by
erosion. No timber or bracing shall be left in cofferdams or cribs in such a way as to
extend into substructure masonry, without written permission from the Engineer.

Any pumping that may be permitted from the interior of any foundation
enclosure shall be done in such a manner as to preclude the possibility of any portion
of the concrete material being carried away. Any pumping required during the placing
of concrete, or for a period of at least 24 hours thereafter, shall be done from a suitable
sump located outside the concrete forms. Pumping to dewater a sealed cofferdam shall
not commence until the seal has set sufficiently to withstand the hydrostatic pressure.

Unless otherwise provided, cofferdams or cribs, with all sheeting and bracing
involved therewith, shall be removed by the Contractor after the completion of the
substructure. Removal shall be effected in such a manner as not to disturb or mar
finished masonry.

95
103.2.5 Preservation of Channel

Unless otherwise permitted, no excavation shall be made outside of caissons,

cribs, cofferdams, or sheet piling, and the natural stream bed adjacent to structure shall
not be disturbed without permission from the Engineer. If any excavation or dredging
is made at the side of the structure before caissons, cribs, or cofferdams are sunk in
place, the Contractor shall, after the foundation base is in place, backfill all such
excavations to the original ground surface or stream bed with material satisfactory to
the Engineer.

103.2.6 Backfill and Embankment for Structure Other than Pipe Culverts

Excavated areas around structures shall be backfilled with free draining

granular material approved by the Engineer and placed in horizontal layers not over
150 mm in thickness, to the level of the original ground surface. Each layer shall be
moistened or dried as required and thoroughly compacted with mechanical tampers.

In placing backfills or embankment, the material shall be placed

simultaneously in so far as possible to approximately the same elevation on both sides
of an abutment, pier, or wall. If conditions require placing backfill or embankment
appreciably higher on one side than on the opposite side, the additional material on the
higher side shall not be placed until the masonry has been in place for 14 days, or until
tests made by the laboratory under the supervision of the Engineer establishes that the
masonry has attained sufficient strength to withstand any pressure created by the
methods used and materials placed without damage or strain beyond a safe factor.

Backfill or embankment shall not be placed behind the walls of concrete

culverts or abutments or rigid frame structures until the top slab is placed and cured.
Backfill and embankment behind abutments held at the top by the superstructure, and
behind the sidewalls of culverts, shall be carried up simultaneously behind opposite
abutments or sidewalls.

All embankments adjacent to structures shall be constructed in horizontal

layers and compacted as prescribed in Subsection 104.3.3 except that mechanical
tampers may be used for the required compaction. Special care shall be taken to
prevent any wedging action against the structure, and slopes bounding or within the
areas to be filled shall be benched or serrated to prevent wedge action. The placing of
embankment and the benching of slopes shall continue in such a manner that at all
times there will be horizontal berm of thoroughly compacted material for a distance at
least equal to the height of the abutment or wall to be backfilled against except insofar
as undisturbed material obtrudes upon the area.

Broken rock or coarse sand and gravel shall be provided for a drainage filter at
weepholes as shown on the Plans.

103.2.7 Bedding, Backfill, and Embankment for Pipe Culverts

Bedding, Backfill and Embankment for pipe culverts shall be done in

accordance with Item 500, Pipe Culverts and Storm Drains.

103.3. Method of Measurement

96
103.3.1 Structure Excavation

The volume of excavation to be paid for will be the number of cubic meters
measured in original position of material acceptably excavated in conformity with the
Plans or as directed by the Engineer, but in no case, except as noted, will any of the
following volumes be included in the measurement for payment:

(1) The volume outside of vertical planes 450 mm outside of and parallel to the neat
lines of footings and the inside walls of pipe and pipe-arch culverts at their widest
horizontal dimensions.

(2) The volume of excavation for culvert and sections outside the vertical plane for
culverts stipulated in (1) above.

(3) The volume outside of neat lines of underdrains as shown on the Plans, and
outside the limits of foundation fill as ordered by the Engineer.

(4) The volume included within the staked limits of the roadway excavation,
contiguous channel changes, ditches, etc., for which payment is otherwise
provided in the Specification.

(5) Volume of water or other liquid resulting from construction operations and which
can be pumped or drained away.

(6) The volume of any excavation performed prior to the taking of elevations and
measurements of the undisturbed ground.

(7) The volume of any material re handled, except that where the Plans indicate or the
Engineer directs the excavation after embankment has been placed and except that
when installation of pipe culverts by the imperfect trench method specified in Item
500 is required, the volume of material re excavated as directed will be included.

(8) The volume of excavation for footings ordered at a depth more than 1.5 m below
the lowest elevation for such footings shown on the original Contract Plans, unless
the Bill of Quantities contains a pay item for excavation ordered below the
elevations shown on the Plans for individual footings.

103.3.2 Bridge Excavation

The volume of excavation, designated on the Plans or in the Special

Provisions as “Bridge Excavation” will be measured as described below and will be
kept separate for pay purposes from the excavation for all structures.

97
 The volume of bridge excavation to be paid shall be the vertical 450 mm
outside of and parallel to the neat lines of the footing. The vertical planes shall
constitute the vertical faces of the volume for pay quantities regardless of excavation
inside or outside of these planes.

103.3.3 Foundation Fill

The volume of foundation fill to be paid for will be the number of cubic
meters measured in final position of the special granular material actually provided and
placed below the foundation elevation of structures as specified, completed in place
and accepted.

103.3.4 Shoring, Cribbing, and Related Work

Shoring, cribbing and related work whenever included as a pay item in Bill of
Quantities will be paid for at the lump sum bid price. This work shall include
furnishing, constructing, maintaining, and removing any and all shoring, cribbing,
cofferdams caissons, bracing, sheeting, water control, and other operations necessary
for the acceptable completion of excavation included in the work of this Section, to a
depth of 1.5 m below the lowest elevation shown on the Plans for each separable
foundation structure.

103.3.5 Basis of Payment

The accepted quantities, measured as prescribed in Section 103.3, shall be paid

for the contract unit price for each of the particular pay items listed below that is
included in the Bill of Quantities. The payment shall constitute full compensation for
the removal and disposal of excavated materials including all labor, equipment, tools
and incidental s necessary to complete the work prescribed in this Item, except as
follows:

(1) Any excavation for footings ordered at a depth more than 1.5 m below the lowest
elevation shown on the original Contract Plans will be paid for as provided in Part
K, Measurement and Payment, unless a pay item for excavation ordered below
Plan elevation appears in the Bill of Quantities.

(2) Concrete will be measured and paid for as provided under Item 405, Structural
Concrete.

(3) Any roadway or borrow excavation required in excess of the quantity excavated for
structures will be measured and paid for as provided under Item 102.

(4) Shoring, cribbing, and related work required for excavation ordered more than 1.5
m below Plan elevation will be paid for in accordance with Part K.

Payment will be made under:

98
 Unit of
Payment Item Number Description
Measurement

103(1) Structure Excavation Cubic Meter

103(2) Bridge Excavation Cubic Meter
103(3) Foundation Fill Cubic Meter
103(4) Excavation ordered below Plan elevation Cubic Meter
103(5) Shoring, cribbing, and related work Lump sum
103(6) Pipe culverts and drain excavation Cubic Meter

ITEM 200- AGGREGATE SUBBASE COURSE

200.1 Description

This item shall consist of furnishing, placing and compacting an aggregate subbase
course on a prepared subgrade in accordance with this Specification and the lines, grades and
cross-sections shown on the Plans, or as directed by the Engineer.

200.2 Material Requirements

Aggregate for subbase shall consist of hard, durable particles of fragments of crushed
stone, crushed slag, or crushed or natural gravel and filler of natural or crushed sand or other
finely divided mineral matter. The composite material shall be free from vegetable matter and
lumps or balls of clay, and shall be of such nature that it can be compacted readily to form a
firm, stable subbase.

The subbase material shall conform to Table 200.1, Grading Requirements

Table 200.1-Grading Requirements

Sieve Designation
Mass Percent Passing
Standard, mm Alternate US Standard

50 2” 100

25 1” 55-85

9.5 3/8” 40-75

0.075 No. 200 0-12

The fraction passing the 0.075 mm (No. 200) sieve shall not be greater than 0.66 (two
thirds) of the fraction passing the 0.425 mm (No. 40) sieve.

The fraction the 0.425 mm (No. 40) sieve shall have a liquid limit not greater than 35
and plasticity index not greater than 12 as determined by AASHTO T 89 and T 90,
respectively.

99
 The coarse portion, retained on a 2.00 mm (No. 10) sieve, shall have a mass percent
of wear not exceeding 50 by the Los Angeles Abrasion Test as determined by AASHTO T
96.

The material shall have a soaked CBR value of not less than 30% as determined by
AASHTO T 193. The CBR value shall be obtained at the maximum dry density and
determined by AASHTO T 180, Method D.

200.3 Construction Requirements

200.3.1 Preparation of Existing Surface

The existing surface shall be graded and finished as provided under Item 105,
Subgrade Preparation, before placing the subbase material.

200.3.2 Placing

The aggregate subbase material shall be placed at a uniform mixture on a prepared

subgrade in a quantity which will provide the required compacted thickness. When more than
one layer is required, each layer shall be shaped and compacted before the succeeding layer is
placed.

The placing of material shall begin at the point designated by the Engineer. Placing
shall be from vehicles especially equipped to distribute the materials in a continuous uniform
layer or windrow. The layer or windrow shall be of such size that when spread and
compacted, the finished layer shall be in reasonably close conformity to the nominal
thickness shown on the Plans.

When hauling is done over previously placed material, hauling equipment shall be
dispersed uniformly over the entire surface of the previously constructed layer, to minimize
rutting or uneven compaction.

200.3.3 Spreading and Compacting

When uniformly mixed, the mixture shall be spread to the plan thickness, for
compaction.

Where the required thickness is 150 mm or less, the material may be spread and
compacted in one layer. Where the required thickness is more than 150 mm, the aggregate
subbase shall be spread and compacted in two or more layers of approximately equal
thickness, and the maximum compacted thickness of any layer shall not exceed 150 mm. All
subsequent layers shall be spread and compacted in a similar manner.

The moisture content of subbase material shall, if necessary, be adjusted prior to

compaction by watering with approved sprinklers mounted on trucks or by drying out, as
required in order to obtain the required compaction.

Immediately following final spreading and smoothening, each layer shall be

compacted to the full width by means of approved compaction equipment. Rolling shall
progress gradually from the sides to the center, parallel to the centerline of the road and shall
continue until the whole surface has been rolled. Any irregularities or depressions that
develop shall be corrected by loosening the material at the places and adding or removing

100
material until surface is smooth and uniform. Along curbs, headers and walls, and at all
places not accessible to the roller, the subbase material shall be compacted thoroughly with
approved tampers or compactors.

If the layer of subbase material, or part thereof, does not conform to the required
finish, the Contractor shall, at his own expense, make the necessary corrections.

Compaction of each layer shall continue until a field density of at least 100 percent of
the maximum dry density determined in accordance with AASHTO T 180, Method D has
been achieved. In place density determination shall be made in accordance with AASHTO T
191.

200.3.4 Trial Sections

Before subbase construction is started, the Contractor shall spread and compact trial
sections as directed by the Engineer. The purpose of the trial sections is to check the
suitability of the materials, the efficiency of the equipment and the construction method
which is proposed to be used by the Contractor. Therefore, the Contractor must use the same
material, equipment and procedures that he proposes to use for the main work. One trial
section of about 500 m2 shall be made for every type of material and/or construction
equipment/procedure proposed for use.

After final compaction of each trial section, the Contractor shall carry out such field
density tests and other test required as directed by the Engineer.

If a trial section shows that the proposed materials, equipment or procedure change
during the execution of the work, new trial sections shall be constructed.

200.3.5 Tolerances

Aggregate subbase shall be spread with equipment that will provide a uniform layer
which when compacted will conform to the designated level and transverse slopes as shown
on the Plans. The allowable tolerances shall be as specified hereunder:

Permitted variation from design ±20 mm

THICKNESS OF LAYER

Permitted variation from design + 10 mm

LEVEL OF SURFACE -20 mm

Permitted SURFACE

IRREGULARITY 20 mm

Measured by 3-m-straight-edge

Permitted variation from design

101
CROSSFALL OR CAMBER ±0.3%

Permitted variation from design

LONGITUDINAL GRADE over

25 m in length ±0.1%

Permitted variation from design ±20 mm

THICKNESS OF LAYER

Permitted variation from design + 10 mm

LEVEL OF SURFACE -20 mm

Permitted SURFACE

IRREGULARITY 20 mm

Measured by 3-m-straight-edge

Permitted variation from design

CROSSFALL OR CAMBER ±0.3%

Permitted variation from design

LONGITUDINAL GRADE over

25 m in length ±0.1%

200.4 Method of Measurement

Aggregate Subbase Course will be measured by the cubic meter (m3). The quantity to
be paid for shall be the design volume compacted in-place as shown on the plans and
accepted in the completed course. No allowance will be given for materials placed outside the
design limits shown on the cross-sections. Trial section shall not be measured separately but
shall be included in the quantity of subbase herein measured.

200.5 Basis of Payment

The accepted quantities, measured as prescribed in Section 200.4, shall be paid for at
the contract price for Aggregate Subbase Course which price and payment shall be full
compensation for furnishings and placing all materials, including all labor, equipment, tools
and incidentals necessary to complete the work prescribed in this Item.

Payment will be made under:

102
 Pay Item Unit of
Description
Number Measurement

200 Aggregate Subbase Course Cubic Meter

Item 311- PORTLAND CEMENT CONCRETE PAVEMENT

311.1 Description

This Item shall consist of pavement of Portland Cement Concrete, with or without
reinforcement, constructed on the prepared base in accordance with this Specification and in
conformity with lines, grades, thickness and typical cross-section shown on the Plans.

311.2 Material Requirements

311.2.1 Portland Cement

It shall conform to the applicable requirements of Item 700, Hydraulic Cement. Only
Type I Portland Cement shall be used unless otherwise provided for in the Special Provisions.
Different brands or the same brands from different mills shall not be mixed nor shall they be
used alternately unless the mix is approved by the Engineer. However, the use of Portland
Pozzolan Cement Type IP meeting the requirements of AASHTO M 240/ASTM C 595,
Specifications for Blended Hydraulic Cement shall be allowed, provided that trial mixes shall
be done and that the mixes meet the concrete strength requirements, the AASHTO/ASTM
provisions pertinent to the use of Portland Pozzolan Cement type IP shall be adopted.

Cement which for any reason, has become partially set or which contains lumps of
caked cement shall be rejected. Cement salvaged from discarded or used bags shall not be
used.

Samples of Cement shall be obtained in accordance with AASHTO T 127.

311.2.2 Fine Aggregate

It shall consist of natural san, stone screenings or other inert materials with similar
characteristics, or combinations thereof, having hard, strong and durable particles. Fine
aggregate from different sources of supply shall not be mixed or stored in the same pile nor
used alternately in the same class of concrete without the approval of the Engineer.

If the fine aggregate is subjected to five (5) cycles of the sodium sulfate soundness
test, the weighted loss shall not exceed 10 mass percent.

The fine aggregate shall be free from injurious amounts of organic impurities. If
subjected to the colorimatic test for organic impurities and a color darker than the standard is
produced, it shall be rejected. However, when tested for the effect of organic impurities on
strength of mortar by AASHTO T 71, the fine aggregate may be used if the relative strength
at 7 and 28 days is not less than 95 percent.

The fine aggregate shall be well-graded from coarse to fine and shall conform to
Table 311.1.

103
 Table 311.1- Grading Requirements for Fine Aggregate

Sieve Designation Mass Percent Passing

9.5 mm (3/8 in) 100

4.75 mm (No. 4) 95-100

2.36 mm (No.8)

1.18 mm (No.16) 45-80

0.600 mm (No. 30) -

0.300 mm (No. 50) 5-30

0.150 mm (No. 100) 0-10

311.2.3 Coarse Aggregate

It shall consist of crushed stone, gravel, blast furnace slag, or other approved inert
materials (coralline or dolomites) of similar characteristics, or combinations thereof, having
hard, strong, durable pieces and free from any adherent coatings.

It shall consist of crushed stone, gravel, blast furnace slag, or other approved inert
materials of similar characteristics, or combinations thereof, having hard, strong, durable
pieces and free from any adherent coatings.

It shall contain not more than one (1) mass percent of material passing the 0.075 mm
(No. 200) sieve, not more than 0.25 mass percent of clay lumps, nor more than 3.5 mass
percent of soft fragments.

If the coarse aggregates is subjected to five (5) cycles of the sodium sulfate soundness
test, the weighted loss shall not exceed 12 mass percent.

It shall have a mass percent of wear not exceeding 40 when tested by AASHTO T 96.

If the slag is used, its density shall not be less than 1120 kg/m 3. The gradation of the
coarse aggregate shall conform to Table 311.2.

Only one grading specification shall be used from any one source.

Table 311.2-Grading Requirements for Coarse Aggregate

Sieve Designation Mass Percent Passing

Standard Alternate Grading Grading Grading

mm U.S. A B C

104
 Standard

75.00 3 in. 100 - -

63.00 2-1/2 in. 90-100 100 100

50.00 2 in. 90-100 95-100

37.5 1-1/2 in. 25-60 35-70

25.0 1 in. - 0-15 35-70

19.0 % in. 0-10 - -

12.5 % in. 0-5 0-5 10-30

4.75 No. 4 - - 0-5

311.2.4 Water

Water used in mixing curing or other designated application shall be reasonably clean
and free of oil, salt, acid, alkali, grass or other substances injurious to the finished product.
Water will be tested in accordance with and shall meet the requirements of Item 714, Water.
Water which is drinkable may be used without test. Where the source of water is shallow, the
intake shall be so enclosed as to exclude silt, mud, grass or other foreign materials.

311.2.5 Reinforcing Steel

It shall conform to the requirements of Item 404, Reinforcing Steel Dowels and tie
bars shall conform to the requirements of AASHTO M 31 or M 42, except that rail steel shall
not be used for the tie bars that are to be bent and restraightened during construction. Tie bars
shall be deformed bars. Dowels shall be plain round bars. Before delivery to the site of work,
one-half of the length of each dowel shall be painted with one coat of approved lead or tar
paint.

The sleeves for dowel bars shall be metal of approved design to cover 50 mm, plus or
minus 5 mm of the dowel, with a closed end, and with a suitable stop to hold the end of the
sleeve at least 25 mm from the end of the dowel. Sleeves shall be of such design that they do
not collapse during construction.

311.2.6 Wire mesh

The diameter of wire for lateral and longitudinal directions shall not be less than 6
mm in diameter. Tie wire shall be No. 16 gauged annealed wire.

311.2.6.1 Fabrication of Wire Mesh

105
 The spacing on the lateral direction is twice wider than that of the longitudinal
direction. The weight of wire mesh shall not be less than 3 kg/m 2. It shall be fabricated by
welding or binding at each crossing point and shall meet the requirements of ASTM A 185.

311.2.6.2 Installation of Wire Mesh

After placement of slip bar placed at every 9.0 m maximum interval for weakened
plane joint, wire mesh shall be placed at a depth of 5.0 cm to 7.5 cm below the surface of the
slab or at 2/3 of thickness from the bottom of the pavement. It shall be supported by any
approved support assemblies or spacers against displacement and shall be tied to it using tie
wires. The sheets of the welded wire mesh shall be flat and proper care shall be observed in
handling and placing it to ensure its installation in the proper position.

Welded wire mesh that have become bent or kinked shall be rejected.

311.2.7 Joint Fillers

Poured joint filler shall be mixed asphalt and mineral or rubber filler conforming to
the applicable requirements of Item 705. It shall be punched to admit the dowels where called
for in the Plans. The filler for each joint shall be furnished in a single piece for the full depth
and width required for the joint.

311.2.8 Admixtures

Air-entraining admixture shall conform to the requirements of AASHTO M 154.

Chemical admixtures if specified or permitted, shall conform to the requirements of

AASHTO M 194.

Fly Ash if specified or permitted as a mineral admixture and not exceeding 20%
partial replacement of Portland Cement in concrete mix shall conform to the requirements of
ASTM C 618.

Admixture/s maybe added to the concrete mix to produce some desired modifications
to the properties of concrete if necessary, but not as partial replacement of cement. If
specified, monofilament polypropylene synthetic fibrin fibers, which are used as admixture to
prevent the formation of temperature/shrinkage cracks and increase impact resistance of
concrete slabs shall be applied in the dosage rate recommended by its manufacturer.

311.2.9 Curing materials

Curing materials shall conform to the following requirements as specified;

a) Burlap cloth -AASHTO M 182

b) Liquid membrane forming compounds -AASHTO M 148
c) Sheeting (film) materials -AASHTO M 171
Cotton mats and water-proof paper can be used

311.2.11 Storage of Cement and Aggregate

106
 All cement shall be stored immediately upon delivery at the Site, in weatherproof
building which will protect the cement from dampness. The floor shall be raised from the
ground. The buildings shall be placed in locations approved by the Engineer. Provisions for
storage shall be ample, and the shipments of cement as received shall be separately stored in
such a manner as to allow the earliest deliveries to be used first and to provide easy access for
identification and inspection of each shipment. Storage buildings shall have capacity for
storage of a sufficient quantity of cement to allow sampling at least twelve (12) days before
the cement is to be used. Bulk cement, if used, shall be transferred to elevated airtight and
weatherproof bins. Stored cement shall meet the test requirements at any time after storage
when retest is ordered by the Engineer. At the time of use, all cement shall be free-flowing
and free of lumps.

The handling and storing of concrete aggregate shall be such as to prevent segregation
or the inclusion of foreign materials. The Engineer may require that aggregates be stored on
separate platforms at satisfactory locations.

In order to secure greater uniformity of concrete mix, the Engineer may require that
the coarse aggregate be separated into two or more sizes. Different sizes of aggregate shall be
stored in separate bins or in separate stockpiles sufficiently removed from each other to
prevent the material at the edges of the piles from becoming intermixed.

311.2.12 Proportioning, Consistency and Strength of Concrete

The Contractor shall prepare the design mix based on the absolute volume method as
outlined in the American Concrete Institute (ACI) Standard 211.1, “Recommended Practice
for Selecting Proportions for Normal and Heavyweight Concrete”.

It is the intent of this Specification to require at least 364 kg of cement per cubic
meter of concrete to meet the minimum strength requirements. The Engineer shall determine
from laboratory tests of the materials to be used, the cement content and the proportions of
aggregate and water that will produce workable concrete having a slump of between 40 and
75 mm if not vibrated or between 10 and 40 mm if vibrated, and a flexural strength of not less
than 3.8 MPa when tested by the third-point method or 4.5 MPa when tested by the mid-point
method at fourteen (14) days in accordance with AASHTO T 97 and T 177, respectively; or a
compressive strength of 24.1 MPa for cores taken at fourteen (14) days and tested in
accordance with AASHTO T 24.

Slump shall be determined using AASHTO T 119.

The designer shall consider the use of lean concrete (econocrete) mixtures using local
materials or specifically modified conventional concrete mixes in base course and in the
lower course composite, monolithic concrete pavements using a minimum of 75 mm of
conventional concrete as the surface course.

The mix design shall be submitted to the Engineer for approval and shall be
accompanied with certified test data from an approved laboratory demonstrating the

107
adequacy of the mix design. A change in the source of materials during the progress of work
may necessitate a new design mix.

311.3 Construction Requirements

311.3.1 Quality Control of Concrete

1. General

The Contractor shall be responsible for the quality control of all

materials during the handling, blending and mixing and placement operations.

2. Quality Control Plan

The Contractor shall furnish the Engineer a Quality Control Plan

detailing his production control procedures and the type and frequency of sampling
and testing to insure that the concrete produced complies with the Specifications.
The Engineer shall be provided free access to recent plant production records, and
if requested, informational copies of mix design, materials certifications and
sampling and testing reports.

3. Qualification of Workmen
Experienced and qualified personnel shall perform all batching or
mixing operation for the concrete mix and shall be present at the plant and job site
to control the concrete productions whenever the plant is in operation. They shall
be identified and duties defined as follows:

a. Concrete Batcher. The person performing the batching or mixing operation

shall be capable of accurately conducting aggregate surface moisture
determination and establishing correct scale weights for concrete materials.
He shall be capable of assuring that the proportioned batch weights of
materials are in accordance with the mix design.
b. Concrete Technician. The person responsible for concrete production
control and sampling and testing for quality control shall be proficient in
concrete technology, and shall have a sound knowledge of the
Specifications as they relate to concrete production. He shall be capable of
conducting tests on concrete and concrete materials in accordance with
these Specifications. He shall be capable of adjusting concrete mix designs
for improving workability and Specification compliance, and preparing trial
designs. He shall be qualified to act as the concrete batcher in the batcher’s
absence.
4. Quality Control Testing

The Contractor shall perform all sampling, testing and inspection

necessary to assure quality control of the component materials and the concrete.

108
 The Contractor shall be responsible for determining the gradation of
fine and coarse aggregates and for testing the concrete mixture for slump, air
content, water-cement ratio and temperature. He shall conduct his operations so as
to produce a mix conforming to the approved mix design.

5. Documentation
The Contractor shall maintain adequate records of all inspections and
tests. The records shall indicate the nature and number f observations made, the
number and type of deficiencies found, the quantities approved and rejected, and
nature of any corrective action taken.

The Engineer may take independent assurance samples at random

location for acceptance purposes as he deems necessary.

311.3.2 Equipment

Equipment and tools necessary for handling materials and performing all parts of the
work shall be approved by the Engineer as to design, capacity and mechanical condition. The
equipment shall be at the jobsite sufficiently ahead of the start of construction operations to
be examined thoroughly and approved.

1. Batching and Equipment

a. General. The batching shall include bins, weighing hoppers, and
scales for the fine aggregate and for each size of coarse aggregate. If
cement is used in bulk, a bin, a hopper, and separate scale for
cement shall be included. The weighing hopper shall be properly
sealed and vented to preclude dusting operation. The batch plant
shall be equipped with a suitable non-resettable batch counter which
will correctly indicate the number of batches proportioned.
b. Bins and Hoppers. Bins with adequate separate compartments for
fine aggregate and for each size of coarse aggregate shall be
provided in the batching plant.
c. Scales. Scales for weighing aggregates and cement shall be of either
the beam type or the springless-dial type. They shall be accurate
within one-half percent (0.5%) throughout the range of use. Poises
shall be designed to be locked in any position and to prevent
unauthorized change. Scales shall be inspected and sealed as often
as the Engineer may deem necessary to assure their continued
accuracy.
d. Automatic Weighing Devices. Unless otherwise allowed on the
Contract, batching plants shall be equipped with automatic weighing
devices of an approved type to proportion aggregates and bulk
cement.
2. Mixers.

109
 a. General. Concrete may be mixed at the site of construction or at a
central plant, or wholly or in part in truck mixers. Each mixer shall
have a manufacturer’s plate attached in a prominent place showing
the capacity of the drum in terms of volume of mixed concrete and
the speed of rotation of the mixing drum or blades.
b. Mixers at Site of Construction. Mixing shall be done in an approved
mixer capable of combining the aggregates, cement and water into a
thoroughly mixed and uniform mass within the specified mixing
period and discharging and distributing the mixture without
segregation on the prepared grade. The mixer shall be equipped with
an approved timing device which will automatically lock the
discharge lever when the drum has been charged and released it at
the end it at the end of the mixing period. In case of failure of the
timing device, the mixer may be used for the balance of the day
while it is being repaired, provided that each batch is mixed 90
seconds. The mixer shall be equipped with a suitable nonresettable
batch counter which shall correctly indicate the number of the
batches mixed.
c. Truck Mixer and Truck Agitators. Truck mixer used for mixing and
hauling concrete, and truck agitators used for hauling central-mixed
concrete, shall conform to the requirements of AASHTO M 157.
d. Non-Agitator Truck. Bodies of non-agitating hauling equipment for
concrete shall be smooth, mortar-tight metal containers and shall be
capable of discharging the concrete at a satisfactory controlled rate
without segregation.
3. Paving and Finishing Equipment
The concrete shall be placed with an approved paver designed to spread,
consolidate, screed and float finish the freshly placed concrete in one
complete pass of the machine in such a manner that a minimum of hand
finishing will be necessary to provide a dense and homogeneous pavement
in conformance with the Plans and Specifications.

The finishing machine shall be equipped with at least two (2) oscillating
type transverse screed.

Vibrators shall operate at a frequency of 8,300 to 9,600 impulses per

minute under load at a maximum spacing of 60 cm.

4. Concrete Saw
The Contractor shall provide sawing equipment in adequate number of
units and power to complete the sawing with a water-cooled diamond edge
saw blade or an abrasive wheel to the required dimensions and the required
rate. He shall provide at least one (1) stand-by saw in good working
condition and with an ample supply of saw blades.

110
 5. Forms
Forms shall be of steel, of an approved section, and of depth equal to
the thickness of the pavement at the edge. The base of the forms shall be of
sufficient width to provide necessary stability in all directions. The flange
braces must extend outward on the base to not less than 2/3 the height of
the form.

All forms shall be rigidly supported on bed of thoroughly compacted

material during the entire operation of placing and finishing the concrete.
Forms shall be provided with adequate devices for secure setting so that
when in place, they will withstand, without visible spring or settlement, the
impact and vibration of the consolidation and finishing or paving
equipment.

311.3.3 Preparation of Grade

After the subgrade or base has been placed and compacted to the required density, the
areas which will support the paving machine and the grade on which the pavement is to be
constructed shall be trimmed to the proper elevation by means of a properly designed
machine extending the prepared work areas compacted at least 60 cm beyond each edge of
the proposed concrete pavement. If loss of density results from the trimming operations, it
shall be restored by additional compaction before concrete is placed. If any traffic is allowed
to use the prepared subgrade or base, the surface shall be checked and corrected immediately
ahead of the placing concrete.

The subgrade or base shall be uniformly moist when the concrete is placed.

311.3.4 Setting Forms

1. Base Support.

The foundation under the forms shall be hard and true to grade so that
the form when set will be firmly in contact for its whole length and at the
specified grade. Any roadbed, which at the form line is found below
established grade, shall be filled with approved granular materials to grade in
lifts of three (3) cm or less, and thoroughly rerolled or tamped. Imperfections
or variations above grade shall be corrected by tamping or by cutting as
necessary.

2. Form Setting

Forms shall be set sufficiently in advance of the point where concrete

is being placed. After the forms have been set to correct grad, the grade shall
be thoroughly tamped, mechanically or by hand, at both the inside and outside
edges of the base of the forms. The forms shall not deviate from true line by
more than one (1) cm at any point.

111
 3. Grade and Alignment

The alignment and grade elevations of the forms shall be checked and
corrections made by the Contractor immediately before placing the concrete.
Testing as to crown and elevation, prior to placing of concrete can be made by
means of holding an approved template in a vertical position and moved
backward and forward on the forms.

When any form has been disturbed or any grade has become unstable,
the form shall be reset and rechecked.

311.3.5 Conditioning of Subgrade or Base Course

When side forms have been securely set to grade, the subgrade or base course shall be
brought to proper cross-section. High areas shall be trimmed to proper cross-section. Low
areas shall be filled and compacted to a condition similar to that surrounding grade. The
finished grade shall be maintained in a smooth and compacted condition until the pavement is
placed.

Unless waterproof subgrade or base course cover material is specified, the subgrade
or base course shall be uniformly moist when the concrete is placed. If it subsequently
becomes too dry, the subgrade or base course shall be sprinkled, but the method of sprinkling
shall not be such as to form mud or pools of water.

311.3.6 Handling, Measuring and Batching Materials

The batch plant site, layout, equipment and provisions for transporting material shall
be such as to assure a continuous supply of material to the work.

Stockpiles shall be built up in layers of not more than one (1) meter in thickness. Each
layer shall be completely in place before beginning the next which shall not be allowed to
“cone” down over the next lower layer. Aggregates from different sources and of different
grading shall not be stockpiled together.

All washed aggregates and aggregates produced or handled by hydraulic methods,

shall be stockpiled or binned for draining at least twelve (12) hours before being batched.

When mixing is done at the side of the work aggregates shall be transported from the
batching plant to the mixer in batch boxes, vehicle bodies, or other containers of adequate
capacity and construction to properly carry the volume required. Partitions separating batches
shall be adequate and effective to prevent spilling from one compartment to another while in
transit or being dumped. When bulk cement is used, the Contractor shall use a suitable
method of handling the cement from weighing hopper to transporting container or into the
batch itself for transportation to the mixer, with chute, boot or other approved device, to
prevent loss of cement, and to provide positive assurance of the actual presence in each batch
of the entire cement content specified.

112
 Bulk cement shall be transported to the mixer in tight compartments carrying the full
amount of cement required for the batch. However, if allowed in the Special Provisions, it
may be transported between the fine and coarse aggregate. When cement is placed in contact
with the aggregates, batches may be rejected unless mixed within 1-1/2 hours of such contact.
Cement in original shipping packages may be transported on top of the aggregates, each
batch containing the number of sacks required by the job mix.

The mixer shall be charged without loss of cement. Batching shall be so conducted as
to result in the weight of each material required within a tolerance of one (1) percent for the
cement and two (2) percent for aggregates.

Water may be measured either by volume or by weight. The accuracy of measuring

the water shall be within a range of error of not more than one (1) percent. Unless the water is
to be weighed, the water-measuring equipment shall include an auxiliary tank from which the
measuring tank shall be equipped with an outside tap and valve to provide checking the
setting, unless other means are provided for readily and accurately determining the amount of
water in the tank. The volume of the auxiliary tank shall be at least equal to that of the
measuring tank.

313.3.7 Mixing Concrete

The concrete may be mixed at the site of the work in a central-mix plant, or in truck
mixer. The mixer shall be of an approved type and capacity. Mixing time will be measured
from the time all materials, except water, are in the drum. Ready-mixed concrete shall be
mixed and delivered in accordance with requirements of AASHTO M 157, except that the
minimum required revolutions at the mixing speed for transit-mixed concrete may be reduced
to not less than that recommended by the mixer manufacturer. The number of revolutions
recommended by the mixer manufacturer shall be indicated on the manufacturer’s serial plate
attached to the mixer. The Contractor shall furnish test data acceptable to the Engineer
verifying that the make and model of the mixer will produce uniform concrete conforming to
the provision of AASHTO M 157 at the reduced number of revolutions shown on the serial
plate.

When mixed at the site or in a central mixing plant, the mixing time shall not be less
than fifty (50) seconds nor more than ninety (90) seconds for drum type mixer, unless mixer
performance tests prove adequate mixing of the concrete in shorter time period.

The operation and mixing time for pan, twin shaft and other type of central mixers
shall be based on the mixer manufacturer’s instructions.

Four (4) seconds shall be added to the specified mixing time if timing starts at the
instant the skip reaches its maximum raised positions. Mixing time ends when the discharge
chute opens. Transfer time in multiple drum mixers included in mixing time. The contents of
an individual mixer drum shall be removed before a succeeding batch is emptied therein.

The mixer shall be operated at the drum speed as shown on the manufacturer’s name
plate attached on the mixer. Any concrete mixed less than the specified time shall be

113
discarded and disposed off by the Contractor at his expense. The volume of concrete mixed
per batch shall not exceed the mixer’s nominal capacity in cubic meters, as shown on the
manufacturer’s standard rating plate on the mixer, except that an overload up to ten (10)
percent above the mixer’s nominal capacity may be permitted provided concrete test data for
strength, segregation, and uniform consistency are satisfactory, and provided no spillage of
concrete takes place.

The batches shall be so charged into the drum that a portion of the mixing water shall
be entered in advance of the cement and aggregates. The flow of water shall be uniform and
all water shall be in the drum by the end of the first fifteen (15) seconds of the mixing period.
The throat of the drum shall be kept free of such accumulations as may restrict the free flow
of materials into the drum.

Mixed concrete from the central mixing plant shall be transported in truck mixers,
truck agitators or non-agitating truck specified in Subsection 311.3.2, Equipment. The time
elapsed from the time water is added to the mix until the concrete is deposited in place at the
Site shall not exceed forty five (45) minutes when the concrete is hauled in non agitating
trucks, nor ninety (90) minutes when hauled in truck mixer or truck agitators, except that in
hot weather or under other conditions contributing to quick hardening of the concrete, the
maximum allowable time may be reduced by the Engineer.

In exceptional cases and when volumetric measurements are authorized for small
project requiring less than 75 cu.m. of concrete per day of pouring, the weight proportions
shall be converted to equivalent volumetric proportions. In such cases, suitable allowance
shall be made for variations in the moisture condition of the aggregates, including the bulking
effect in the fine aggregate. Batching and mixing shall be in accordance with ASTM C 685,
Section 6 through 9.

Concrete mixing by chute is allowed provided that a weighing scales for determining
the batch weight will be used.

Retempering concrete by adding water or by other means shall not be permitted,

except that when concrete is delivered in truck mixers, additional water may be added to the
batch materials and additional mixing performed to increase the slump to meet the specified
requirements, if permitted by the Engineer, provided all these operations are performed
within forty-five (45) minutes after the initial mixing operation and the water-cement ratio is
not exceeded. Concrete that is not within the specified slump limits at the time of placement
shall not be used. Admixtures for increasing the workability or for accelerating the setting of
the concrete will be permitted only when specifically approved by the Engineer.

311.3.8 Limitation of Mixing

No concrete shall be mixed, placed or finished when natural light is insufficient,

unless an adequate and approved artificial lighting system is operated.

During hot weather, the Engineer shall require that steps be taken to prevent the
temperature of mixed concrete from exceeding a maximum temperature of 32°C.

114
 Concrete not in place within ninety (90) minutes from the time the ingredients were
charged into the mixing drum or that has developed initial set shall not be used. Retempering
of concrete or mortar which has partially hardened, that is remixing with or without
additional cement, aggregate, or water, shall not be permitted.

In order that the concrete may be properly protected against the effects of rain before
the concrete is sufficiently hardened, the Contractor will be required to have available at all
times materials for the protection of the edges and surface of the unhardened concrete.

311.3.9 Placing Concrete

Concrete shall be deposited in such a manner to require minimal rehandling. Unless

truck mixer or non-agitating hauling equipment are equipped with means to discharge
concrete without segregation of the materials, the concrete shall be unloaded into an approved
spreading device and mechanically spread on the grade in such a manner as to prevent
segregation. Placing shall be continuous between transverse joints without the use of
intermediate bulkheads. Necessary hand spreading shall be done with shovels, not rakes.
Workmen shall not be allowed to walk in the freshly mixed concrete with boots or shoes
coated with earth or foreign substances.

When concrete is to be placed adjoining a previously constructed lane and mechanical

equipment will be operated upon the existing lane, that previously constructed lane shall have
attained the strength for fourteen (14) day concrete. If only finishing equipment is carried on
the existing lane, paving in adjoining lanes may be permitted after three (3) days.

Concrete shall be thoroughly consolidated against and along the faces of all forms and
along the full length and on both sides of all joint assemblies by means of vibrators inserted
in the concrete. Vibrators shall not be permitted to come in contact with a joint assembly, the
grade, or a side form. In no case shall the vibrator be operated longer than fifteen (15)
seconds in any one location.

Concrete shall be deposited as near as possible to the expansion and contraction joints
without disturbing them, but shall not be dumped from the discharge bucket or hopper into a
joint assembly unless the hopper is well centered on the joint assembly. Should any concrete
material fall on or be worked into the surface of a completed slab, it shall be removed
immediately.

311.3.10 Test Specimens

As work progresses, at least one (1) set consisting of three (3) concrete beam test
specimens, 150 mm x 150 mm x 525 mm shall be taken from each 330 m 2 of pavement 230
mm depth or fraction thereof placed each day. Test specimens shall be made under the
supervision of the Engineer, and the Contractor shall provide all concrete and other facilities
necessary in making the test specimens and shall protect them from damage by construction
operations. Cylinder samples shall not be used as substitute for determining the adequacy of
the strength of concrete.

115
 The beams shall be made, cured, and tested in accordance with AASHTO T 23 and T
97.

311.3.11 Strike-off of Concrete and Placement of Reinforcement

Following the placing of the concrete it shall be struck off to conform to the cross-
section shown on the Plans and to an elevation such that when the concrete is properly
consolidated and finished, the surface of the pavement will be at the elevation shown on the
Plans. When reinforced concrete pavement is placed in two (2) layers, the bottom layer shall
be struck off and consolidated to such length and depth that the sheet of fabric or bar mat may
be laid full length on the concrete in its final position without further manipulation. The
reinforcement shall then be placed directly upon the concrete, after which the top layer of the
concrete shall be placed, struck off and screeded. Any portion of the bottom layer of concrete
which has been placed more than 30 minutes without being covered with the top layer shall
be removed and replaced with freshly mixed concrete at the Contractor’s expense. When
reinforced concrete is placed in one layer, the reinforcement may be firmly positioned in
advance of concrete placement or it may be placed at the depth shown on the Plans in plastic
concrete, after spreading by mechanical or vibratory means.

Reinforcing steel shall be free from dirt, oil, paint, grease, mill scale and loose or
thick rust which could impair bond of the steel with the concrete.

311.3.12 Joints

Joints shall be constructed of the type and dimensions, and at the locations required
by the Plans or Special Provisions. All joints shall be protected from the intrusion of injurious
foreign material until sealed.

1. Longitudinal Joint

Deformed steel tie bars of specified length, size, spacing and materials shall be
placed perpendicular to the longitudinal joints, they shall be placed by approved
mechanical equipment or rigidly secured by chair or other approved supports to
prevent displacement. Tie bars shall not be painted or coated with asphalt or other
materials or enclosed in tubes or sleeves. When shown on the Plans and when
adjacent lanes of pavement are constructed separately, steel side forms shall be
used which will form a keyway along the construction joint. Tie bars, except those
made of rail steel, may be bent at right angles against the form of the first lane
constructed and straightened into final position before the concrete of the adjacent
lane is placed. In lieu of bent tie bars, approved two piece connectors may be
used.

Longitudinal formed joints shall consist of a groove or cleft, extending

downward from and normal to the surface of the pavement. These joints shall be
effected or formed by an approved mechanically or manually operated device to
the dimensions and line indicated on the Plans while the concrete is in a plastic

116
 state. The groove or cleft shall be filled with either a premolded strip or poured
material as required.

The longitudinal joints shall be continuous. There shall be no gaps in either

transvers or longitudinal joints at the intersection of the joints.

Longitudinal sawed joints shall be cut by means of approved concrete saws to

the depth, width and line shown on the Plans. Suitable guide lines or devices shall
be used to assure cutting the longitudinal joint on the true line. The period or
shortly thereafter and before any equipment or vehicles are allowed on the
pavement. The sawed area shall be thoroughly cleaned and, if required, the joint
shall immediately be filled with sealer.

Longitudinal pavement insert type joints shall be formed by placing a

continuous strip of plastic materials which will not react adversely with the
chemical constituent of the concrete.

2. Transverse Expansion Joint

The expansion joint filler shall be continuous from form to form, shaped to
subgrade and to the keyway along the form. Preformed joint filler shall be
furnished in lengths equal to the pavement width or equal to the width of one lane.
Damaged or repaired joint filler shall not be used.

The expansion joint filler shall be held in a vertical position. An approved

installing bar, or other device, shall be used if required to secure preformed
expansion joint filler at the proper grade and alignment during placing and
finishing of the concrete. Finished joint shall not deviate more than 6 mm from a
straight line. If joint filler are assembled in section, there shall be no offsets
between adjacent units. No plugs of concrete shall be permitted anywhere within
the expansion space.

3. Transverse Contraction Joint/Weakened Joint

When shown on the Plans, it shall consist of planes of weakness created by

forming or cutting grooves in the surface of the pavement and shall include load
transfer assemblies. The depth of the weakened plane joint should at all times not
be less than 50 mm, while the width should not be more than 6 mm.

a. Transverse Strip Contraction Joint. It shall be formed by installing a parting

strip to be left in place as shown on the Plans.
b. Formed Groove. It shall be made by depressing and approved tool or device
into the plastic concrete. The too or device shall remain in place at least until
the concrete has attained its initial set and shall then be removed without
disturbing the adjacent concrete, unless the device is designed to remain in the
joint.
c. Sawed Contraction Joint. It shall be created by sawing grooves in the surface
of the pavement of the width not more than 6 mm, depth should at all times

117
 not be less than 50 mm, and at the spacing and lines shown on the Plans, with
an approved concrete saw. After each joint is sawed, it shall be thoroughly
cleaned including the adjacent concrete surface.
Sawing of the joint shall commence as soon as the concrete has hardened
sufficiently to permit sawing without excessive raveling, usually 4 to 24 hours.
All joints shall be sawed before uncontrolled shrinkage cracking takes place. If
necessary, the sawing operations shall be carried on during the day or night,
regardless of weather conditions. The sawing of any joint shall be omitted if
crack occurs at or near the joint location prior to the time of sawing. Sawing
shall be discounted when a crack develops ahead of the saw. In general, all
joints should be sawed in sequence. If extreme condition exist which make it
impractical to prevent erratic cracking by early sawing, the contraction joint
groove shall be formed prior to initial set of concrete as provided above.

4. Transverse Construction Joint

It shall be constructed when there is an interruption of more than 30 minutes in
the concreting operations. No transverse joint shall be constructed within 1.50
m of an expansion joint, or plane of weakness. If sufficient concrete has been
mixed at the time of interruption to form a slab of at least 1.5 m long, the
excess concrete from the last preceding joint shall be removed and disposed
off as directed.

5. Load Transfer Device

Dowel, when used, shall be held in position parallel to the surface and
center line of the slab by a metal device that is left in the pavement.

The portion of each dowel painted with one coat of lead or tar, in
conformance with the requirements of Item 404, Reinforcing Steel, shall be
thoroughly coated with approved bituminous materials, e.g., MC-70, or an
approved lubricant, to prevent the concrete from binding to that portion of the
dowel. The sleeves for dowels shall be metal designed to cover 50 mm plus or
minus 5 mm, of the dowel, with a watertight closed end and with a suitable
stop to hold the end of the sleeves at least 25 mm from the end of the dowel.

In lieu of using dowel assemblies at contraction joints, dowel may be

placed in the full thickness of pavement by a mechanical device approved by
the Engineer.

311.3.13 Final Strike-off (Consolidation and Finishing)

1. Sequence
The sequence of operations shall be the strike-off and consolidation,
floating, removal of laitance, straight-edging and final surface finish. Work
bridges or other devices necessary to provide access to the pavement surface

118
 for the purpose of finishing, straight-edging, and make corrections as
hereinafter specified, shall be provided by the Contractor.

In general, the addition of water to the surface of the concrete to assist

in finishing operations will not be permitted. If the application of water to the
surface is permitted, it shall be applied as fog spray by means of an approved
spray equipment.

2. Finishing Joints

The concrete adjacent to joints shall be compacted or firmly placed

without voids or segregation against the joint material assembly, also under
and around all load transfer devices, joint assembly units, and other features
designed to extend into the pavement. Concrete adjacent to joints shall be
mechanically vibrated as required in Subsection 311.3.9, Placing Concrete.

After the concrete has been placed and vibrated adjacent to the joints
as required in Subsection 311.3.9, the finishing machine shall be brought
forward, operating in a manner to avoid damage or misalignment of joints. If
uninterrupted operation of the finishing machine, to over and beyond the joints
causes segregation of concrete, damage to, or misalignment of the joints, the
finishing machine shall be stopped when the front screed is approximately 20
cm from the joint. Segregated concrete shall be removed from in front of and
off the joint. The front screed shall be lifted and set directly on top of the joint
and the forward motion of the finishing machine resumed. When the second
screed is close enough to permit the excess mortar in front of it to flow over
the joint, it shall be lifted and carried over the joint. Thereafter, the finishing
machine may be run over the joint without lifting the screeds, provided there is
no segregated concrete immediately between the joint and the screed or on top
of the joint.

3. Machine Finishing
a. Non-vibratory Method. The concrete shall be distributed or spread as soon as
placed. As soon as the concrete has been placed, it shall be struck off and
screeded by and approved finishing machine. The machine shall go over each
area of pavement as many times and at such intervals as necessary to give the
proper compaction and leave a surface of uniform texture. Excessive operation
over a given area shall be avoided. The tops of the forms shall be kept clean
by an effective device attached to the machine and the travel of the machine
on the forms shall be maintained true without wobbling or other variation
tending to affect the precision finish.
During the first pass of the finishing machine, a uniform ridge of
concrete shall be maintained ahead of the front screed in its entire length.

119
 b. Vibratory Method. When vibration is specified, vibrators for full width
vibration of concrete paving slab, shall meet the requirements in Subsection
311.3.2, Equipment. If uniform and satisfactory density of the concrete is not
obtained by the vibratory method at joints, along forms, at structures, and
throughout the pavement, the Contractor will be required to furnish equipment
and method which will produce pavement conforming to the Specifications.
All provisions in item (a) above not in conflict with the provisions for the
vibratory method shall govern
4. Hand Finishing
Hand finishing methods may only be used under the following conditions:

a. In the event of breakdown of the mechanical equipment, hand methods may be

used to finish the concrete already deposited on the grade.
b. In narrow widths or areas of irregular dimensions where operations of the
mechanical equipment is impractical, hand methods may be used.

Concrete, as soon as placed, shall be struck off and screeded. An approved

portable screed shall be used. A second screed shall be provided for striking
off the bottom layer of concrete if reinforcement is used.

The screed for the surface shall be at least 60 cm longer than the
maximum width of the slab to be struck off. It shall be of approved design,
sufficiently rigid to retain its shape, and constructed either of metal or other
suitable material shod with metal

Consolidation shall be attained by the use of suitable vibrator or other

approved equipment.

In operation, the screed shall be moved forward on the forms with a

combined longitudinal and transverse shearing motion, moving always in the
direction in which the work is progressing and so manipulated that neither end
is raised from the side forms during the striking off process. If necessary, this
shall be repeated until the surface is of uniform texture, true to grade and
cross-section, and free from porous areas.

5. Floating
After the concrete has been struck off and consolidated, it shall be further
smoothed, trued, and consolidated by means of a longitudinal float, either by
hand or mechanical method.

a. Hand Method. The hand-operated longitudinal float shall be not less than
365 cm in length and 15 cm in width, properly stiffened to prevent
flexibility and warping. The longitudinal float, operated from foot bridges
resting on the side forms and spanning but not touching the concrete, shall
be worked with a sawing motion while held in a floating position parallel
to the road center line, and moving gradually from one side of the

120
 pavement to the other. Movement ahead along the center line of the
pavement shall be in successive advances of not more than one-half the
length of the float. Any excessive water or soupy material shall be wasted
over the side forms on each pass.
b. Mechanical Method. The mechanical longitudinal float shall be of a
design approved by the Engineer, and shall be in good working condition.
The tracks from which the from which the float operates shall be
accurately adjusted to the required crown. The float shall be accurately
adjusted and coordinated with the adjustment of the transverse finishing
machine so that a small amount of mortar is carried ahead of the float at
all times. The forward screed shall be adjusted so that the float will lap
the distance specified by the Engineer on each transverse trip. The float
shall pass over each areas of pavement at least two times, but excessive
operation over a given area will not be permitted. Any excess water or
soupy material shall be wasted over the side forms on each pass.
c. Alternative Mechanical Method. As an alternative, the Contractor may
use a machine composed of a cutting and smoothing float or floats
suspended from and guided by a rigid frame. The frame shall be carried
by four or more visible wheels riding on, and constantly in contact with
the side forms. If necessary, following one of the preceding method of
floating, long handled floats having blades not less than 150 cm in length
and 15 cm in width may be used to smooth and fill in open-textured areas
in the pavement. Long-handled floats shall not be used to float the entire
surface of the pavement in lieu of, or supplementing, one of the preceding
methods of floating. When strike off and consolidation are done by the
hand method and the crown of the pavement will not permit the use of the
longitudinal float, the surface shall be floated transversely by means of
the long-handled float. Care shall be taken not to work the crown out of
the pavement during the operation. After floating, any excess water and
laitance shall be removed from the surface of the pavement by a 3-m
straight-edge or more in length. Successive drags shall be lapped one-half
the length of the blade.
6. Straight-edge Testing and Surface Correction
After the floating has been completed and the excess water
removed, but while the concrete is still plastic, the surface of the
concrete shall be tested for trueness with a 300 cm long straight-edge.
For this purpose, the Contractor shall furnish and use an accurate 300-
cm straight-edge swung from handles 100 cm longer than one-half the
width of the slab successive positions parallel to the road center line
and the whole area gone over from one side of the slab to the other as
necessary. Advances along the road shall be in successive stages of not
more than one-half the length of the filled with freshly mixed concrete,
struck off, consolidated and refinished. High areas shall be cut down
and refinished. Special attention shall be given to assure that the

121
 surface across joints meets the requirements for smoothness. Straight-
edge testing and surface corrections shall continue until the entire
surface is found to be free from observable departures from the
straight-edge and the slab conforms to the required grade and cross-
section.

7. Final Finish
If the surface texture is broom finished, it shall be applied when the water
sheen has practically disappeared. The broom shall be drawn from the center
to the edge of the pavement with adjacent strokes slightly overlapping. The
brooming operation should be so executed that the corrugations produced in
the surface shall be uniform in appearance and not more than 1.5 mm in depth.
Brooming shall be completed before the concrete is in such condition that the
surface will be unduly roughened by the operation. The surface thus finished
shall be free from rough porous areas, irregularities, and depressions resulting
from improper handling of the broom. Brooms shall be of the quality, size and
construction and be operated so as to produce a surface and finish meeting the
approval of the Engineer. Subject to satisfactory results being obtained and
approval of the Engineer, the Contractor will be permitted to substitute
mechanical brooming in lieu of the manual brooming herein described.

If the surface texture is belt finished when straight-edging is completed and water
sheen has practically disappeared and just before concrete becomes non-plastic, the surface
shall be belted with 2-ply canvass belt not less than 20 cm wide and at least 100 cm longer
than the pavement width. Hand belts shall have suitable handles to permit controlled, uniform
manipulation. The belt shall be operated with short strokes transverse to the center line and
with a rapid advances parallel to the center line.
If the surface texture is drag finished, a drag shall be used which consists of a
seamless strip of damp burlap or cotton fabric, which shall produce a uniform gritty texture
after dragging it longitudinally along the full width of pavement. For pavement 5 m or more
in width, the drag shall be mounted on a bridge which travels on the forms. The dimensions
of the drag shall be such that a strip of burlap or fabric at least 100 cm wide is in contact with
the full width of pavement surface while the drag is used. The drag shall consist of not less
than 2 layers of burlap with the bottom layers approximately 15 cm wider than the layer. The
drag shall be maintained in such condition that the resultant surface is of uniform appearance
and reasonably free from grooves over 1.5 mm in depth. Drag shall be maintained clean and
free from encrusted mortar. Drags that cannot be cleaned shall be discarded and new drags be
substituted.
Regardless of the method used for final finish, the hardened surface of pavement shall
have a coefficient of friction of 0.25 or more. Completed pavement that is found to have a
coefficient of friction less than 0.25 shall be grounded or scored by the Contractor at his
expense to provide the required coefficient of friction
8. Edging at Forms and Joints

122
 After the final finish, but before the concrete has taken its initial set,
the edges of the pavement along each side of each slab, and on each side of
transvers expansion joints, formed joints, transvers construction joints, and
emergency construction joints, shall be worked with an approved tool and
rounded to the radius required by the Plans. A well – defined and continuous
radius shall be produced and a smooth, dense mortar finish obtained. The
surface of the slab shall not be unduly disturbed by tilting the tool during the
use.
At all joints, any tool marks appearing on the slab adjacent to the joints
shall be eliminated by brooming the surface. In doing this, the rounding of the
corner of the slab shall not be disturbed. All concrete on top of the joint filler
shall be complete removed.
All joints shall be tested with a straight-edge before the concrete has
set an correction made if one edge of the joint is higher than the other.
311.3.14 Surface Test
As soon as the concrete has hardened sufficiently, the pavement surface shall be
tested with a 3-m straight-edge or other specified device. Areas showing high spots of more
than 3 mm but not exceeding 12 mm in 3 m shall be marked and immediately ground down
with an approved grinding tool to an elevation where the area or spot will not show surface
deviations in excess of 3 mm when tested with 3 m straight-edge. Where the departure from
correct cross-section exceeds 12 mm, the pavement shall be removed and replaced by and at
the expense of the Contractor.
Any area or section so removed shall be not less than 1.5 m in length and not less than
the full width of the lane involved. When it is necessary to remove and replace a section of
pavement, any remaining portion of the slab adjacent to the joints that is less than 1.5 m in
length, shall also be removed and replaced.
311.3.15 Curing
Immediately after the finishing operations have been completed and the concrete has
sufficiently set, the entire surface of the newly placed concrete shall be cured in accordance
with either one of the methods described herein. Failure to provide sufficient cover material
of whatever kind the Contractor may elect to use, or the lack of water to adequately take care
of both curing and other requirements, shall be a cause for immediate suspension of
concreting operations. The concrete shall not be left exposed for more than ½ hour between
stages of curing or during the curing period.
In all congested places, concrete works should be designed so that the designed
strength is attained.
1. Cotton of Burlap Mats
The surface of the pavement shall be entirely covered with mats. The mats
used shall be of such length (or width) that as laid they will extend at least twice the
thickness of the pavement beyond the edges of the slab. The mat shall be placed so
that the entire surface and the edges of the slab are completely covered. Prior to
being placed, the mats shall be saturated thoroughly with water. The mat shall be so
placed and weighted down so as to cause them to remain in intimate contract with
the covered surface. The mat shall be maintained fully wetted and in position for 72
hours after the concrete has been placed unless otherwise specified.
2. Waterproof Paper
The top surface and sides of pavement shall be entirely covered with
waterproof paper, the units shall be lapped at least 45 cm. The paper shall be so
placed and weighted down so as to cause it to remain in intimate contract with the
surface covered. The paper shall have such dimension but each unit as laid will

123
 extend beyond the edges of the slab at least twice the thickness of the pavement, or
at pavement width and 60 cm strips of paper for the edges. If laid longitudinally,
paper not manufactured in sizes which will provide this width shall be securely
sewed or cemented together, the joints being securely sealed in such a manner that
they do no open up or separate during the curing period. Unless otherwise specified,
the covering shall be maintained in place for 72 hours after the concrete has been
placed. The surface of the pavement shall be thoroughly wetted prior to the placing
of the paper.

3. Straw Curing
When this type of curing is used, the pavement shall be cured initially with
burlap or cotton mats, until after final set of the concrete or, in any case, for 12 hours
after placing the concrete. As soon as the mats are removed, the surface and sides of
the pavement shall be thoroughly wetted and covered with at least 20 cm of straw or
hay, thickness of which is to be measured after wetting. If the straw of hay covering
becomes displaced during the curing period, it shall be replaced to the original depth
and saturated. It shall be kept thoroughly saturated with water for 72 hours and
thoroughly wetted down during the morning of the fourth day, and the cover shall
remain in place until the concrete has attained the required strength.
4. Impervious Membrane Method
The entire surface of the pavement shall be sprayed uniformly with
white pigmented curing compound immediately after the finishing of the
surface and before the set of the concrete has taken place, or if the pavement is
cured initially with jute or cotton mats, it may be applied upon removal of the
mass. The curing compound shall not be applied during rain.
Curing compound shall be applied under pressure at the rate 4 L to not
more than 14 m2 by mechanical sprayers. The spraying equipment shall be
equipped with a wind guard. At the time of use, the compound shall be in a
thoroughly mixed condition with the pigment uniformly dispersed throughout
the vehicle. During application, the compound shall be stirred continuously be
effective mechanical means. Hand spraying of odd widths or shapes and
concrete surface exposed by the removal of forms will be permitted. Curing
compound shall not be applied to the inside faces of joints to be sealed, but
approved means shall be used to insure proper curing at least 72 hours and to
prevent the intrusion of foreign material into the joint before sealing has been
completed. The curing compound shall be of such character that the film will
harden within 30 minutes after application. Should the film be damaged
portions shall be repaired immediately with additional compound.
5. White Polyethylene Sheet
The top surface and sides of the pavement shall be entirely covered
with polyethylene sheeting. The units used shall be lapped at least 45 cm. The
sheeting shall be so placed and weighted down so as to cause it to remain
intimate contact with the surface covered. The sheeting as prepared for use
shall have such dimension that each unit as laid will extend beyond the edges
of the slab at least twice the thickness of the pavement. Unless otherwise
specified, the covering shall be maintained in place for 72 hours after the
concrete has been placed.
311.3.16 Removal of Forms
Forms for concrete shall remain in place undisturbed for not less than twenty four (24)
hours after concrete pouring. In the removal of forms, crowbars should be used in pulling out

124
nails and pins. Care should be taken so as not to break the edges of the pavement. In case
portions of the concrete are spalled, they shall be immediately repaired with fresh mortar
mixed in the proportion of one part of Portland Cement and two parts fine aggregates. Major
honeycomb areas will be considered as defective work, and shall be removed and replaced at
the expense of the Contractor. Any area or section so removed shall not be less than the
distance between weakened plane joint nor less than the full width of the lane involved.
311.3.17 Sealing of Joints
Joints shall be sealed with asphalt sealant soon after completion of the curing period
and before the pavement is opened to traffic including the Contractor’s equipment. Just prior
to sealing, each joint shall be thoroughly cleaned of all foreign materials including membrane
curing compound and the joint faces shall be clean and surface dry when the seal is applied.
The sealing material shall be applied to each joint opening to conform to the details
shown on the Plans or as directed by the Engineer. Material for seal applied hot shall be
stirred during heating so that localized overheating does not occur. The pouring shall be done
in such a manner that the material will not be spilled on the exposed surfaces of the concrete.
The use of sand or similar material as a cover for the seal will not be permitted.
Preformed elastomeric gaskets for sealing joints shall be of the cross-sectional
dimensions shown on the Plans. Seals shall be installed by suitable tools, without elongation
and secured in placed with an approved lubricant adhesive which shall cover both sides of the
concrete joints. The seals shall be installed in a compressive condition and shall at time of
placement be below the level of the pavement surface by approximately 6 mm.
The seals shall be in one piece for the full width of each transverse joint.
311.3.18 Protection of Pavement
The Contractor shall protect the pavement and its appurtenances against both public
traffic, and traffic cause by his own employees and agents. This shall include watchmen to
direct traffic, and the erection and maintenance of warning signs, lights, pavement bridges or
cross-overs, etc. The Plans or Special Provisions will indicate the location and type of device
or facility required to protect the work and provide adequately for traffic.
All boreholes after thickness and/or strength determinations of newly constructed
asphalt and concrete pavements shall be immediately filled/restored with the prescribed
concrete/asphalt mix after completion of the drilling works.
Any damage to the pavement, occurring prior to final acceptance, shall be repaired or
the pavement be replaced.
311.3.19 Concrete Pavement-Slip Form Method
If the Contract calls for the construction of pavement without the use of fixed forms,
the following provisions shall apply:
1. Grade
After the grade or base has been placed and compacted to the required density,
the areas which will support the paving machine shall be cut to the proper elevation by means
of a properly designed machine. If the density of the base is disturbed by the grading
operation, it shall be corrected by additional compaction before concrete is placed. The grade
should be constructed sufficiently in advance of the placing of the concrete. If any traffic is
allowed to use the prepared grade, the grade shall be checked and corrected immediately
before the placing of concrete.
2. Placing Concrete
The concrete shall be placed with an approved slip-form paver designed to spread,
consolidate, screed and float-finish the freshly placed concrete in one complete pass of
the machine in such a manner that a minimum of hand finish will be necessary to provide
a dense and homogenous pavement in conformance with the Plans and Specifications.

125
The Machine shall vibrate the concrete for the full width and depth of the strip of
pavement being placed. Such vibration shall be accompanied with vibrating tubes or arms
working in the concrete or with a vibrating screed or pan operating on the surface of the
concrete. The sliding forms shall be rigidly held together laterally to prevent spreading of
the forms. The forms shall trail behind the paver for such a distance that no appreciable
slumping of the concrete will occur, and that necessary final finishing can be
accomplished while the concrete is still within the forms. Any edge of the pavement,
exclusive of edge rounding, in excess of 6 mm shall be corrected before the concrete has
hardened.

The concrete shall be held at a uniform consistency, having a slump of not more than
40 mm. The slip form paver shall be operated with as nearly as possible as continuous
forward movement and that all operations of mixing, delivering and spreading concrete
shall be coordinated so as to provide uniform progress with stopping and starting of the
paver held to a minimum. If, for any reason, it is necessary to stop the forward movement
of the paver the vibratory and tamping elements shall also be stopped immediately. No
tractive force shall be applied to the machine, except that which is controlled from the
machine.

3. Finishing

The surface smoothness and texture shall meet the requirements of Subsection
311.3.13 and 311.3.14.

4. Curing
Unless otherwise specified, curing shall be done in accordance with one of the
methods included in Subsection 311.3.15. The curing media shall be applied at the
appropriate time and shall be applied uniformly and completely to all surfaces and edges
of the pavement.

5. Joints

All joints shall be constructed in accordance with Subsection 311.3.12.

6. Protection Against Rain

In order that the concrete may be properly protected against rain before the concrete is
sufficiently hardened, the Contractor will be required to have available at all times,
materials for the protection of the edges and surface of the unhardened concrete. Such
protective materials shall consist of standard metal forms or wood planks having a
nominal thickness of not less than 50 mm and a nominal width of not less than the
thickness of the pavement at its edge for the protection of pavement edges, and covering
material such as burlap or cotton mats, curing paper or plastic sheeting materials for the
protection of the surface of the pavement. When rain appears imminent, all paving
operations shall stop and all available personnel shall begin placing forms against the
sides of the pavement and covering the surface of the unhardened concrete with the
protective covering.

126
311.3.20 Acceptance of Concrete

The strength level of the concrete will be considered satisfactory if the averages of all
sets of three (3) consecutive strength test results equal or exceed the specified strength, fc’
and no individual strength test result is deficient by more than 15% of the specified strength,
fc’. A set shall consist of a minimum of three (3) concrete beam specimens.

Concrete deemed to be not acceptable using the above criteria may be rejected unless
the Contractor can provide evidence, by means of core tests, that the quality of concrete
represented by failed test results is acceptable in place. At least three (3) representative cores
shall be taken from each member or area of concrete in place that is considered deficient. The
location of cores shall be determined by the Engineer so that there will be at least impairment
of strength of the structure. The obtaining and testing of drilled cores shall be in accordance
with AASHTO T 24.

Concrete in the area represented by the cores will be considered adequate if the average
strength of the cores is equal to at least 85% of, and if no single core is less than 75% of the
specified strength, fc’.

If the strength of control specimens does not meet the requirements of this Subsection, and it
is not feasible or not advisable to obtain cores concrete will be made at an adjusted price due
to strength deficiency of concrete specimens as specified hereunder:

Deficiency in Strength of Concrete

Percent (%) of Contract Price Allowed
Specimens, Percent (%)

Less than 5 100

5 to less than 10 80

10 to less than 15 70

15 to less than 20 60

20 to less than 25 50

25 or more 0

311.3.21 Open to Traffic

The Engineer will decide when the pavement may be opened to traffic. The road will
not be opened to traffic until test specimens molded and cured in accordance with AASHTO
T 23 have attained the minimum strength requirements in Subsection 311.2.12. If such tests
are not conducted prior to the specified age, the pavement shall not be operated to traffic until
14 days after the concrete was placed. Before opening to traffic, the pavement shall be
cleaned and joint sealing completed.

311.3.22 Tolerances in Pavement Thickness

127
1. General

The thickness of the pavement will be determined by measurement of cores from the
completed pavement in accordance with AASHTO T 148.

The completed pavement shall be accepted on a lot basis. A lot shall be considered as
100 linear meters of pavement when a single traffic lane is poured or 500 linear meters when
two lanes are poured concurrently. The last unit in each slab constitutes a lot in itself when its
length is at least ½ of the normal lot length. If the length of the last unit is shorter than ½ of
the normal lot length, it shall be included in the previous lot.

Other areas such as intersections, entrances, crossovers, ramp, etc., will be grouped
together to form a lot. Small irregular areas may be included with other unit areas to form a
lot.

Each lot will be divided into five (5) equal segments and one core will be obtained
from each segment in accordance with AASHTO T 24.

1. Adjustment for Thickness

When the average thickness of the pavement per lot is deficient, payment for
the lot shall be adjusted as follows:

Deficiency in the Average Thickness per lot

Percent (%) of Contract Price Per Lot
(mm)

0-5 100% payment

6-10 95% payment

11-15 85% payment

16-20 70% payment

21-25 50% payment

More than 25 Remove and replace/No Payment

311.4 Method of Measurement

The area to be paid for under this Item shall be the number of square meters (m 2) of
concrete placed and accepted in the completed pavement with or without rebar or wire mesh
reinforcement. The width for measurements will be the width from outside edge to outside
edge of completed pavement as placed in accordance with the Plans or as otherwise required
by the Engineer in writing. The length will be measured horizontally along the center line of
each roadway or ramp. Any curb and gutter placed shall not be included in the area of
concrete pavement measured.

128
311.5 Basis of Payment

The accepted quantity measured as prescribed in Section 311.4, shall be paid for the
contract unit price for Portland Cement Concrete Pavement and Portland Cement Concrete
Pavement (Reinforced with Wire Mesh) which price and payment shall be full compensation
for preparation of roadbed and finishing of shoulders, unless otherwise provided by the
Special Provisions, furnishing all materials, for mixing placing, finishing and curing all
concrete, for furnishing and placing all joint materials, for sawing weakened plane joints, for
fitting, the prefabricated center metal joint, for facilitating and controlling traffic, and for
furnishing all labor, equipment, tools and incidentals necessary to complete the Item.

Payment will be made under:

Pay Item Unit of

Description
Number Measurement

311(1) PCC Pavement (Unreinforced) Square Meter

311(2) PCC Pavement (Reinforced) Square Meter
311(3) PCC Pavement (Reinforced with Wire Mesh) Square Meter
311(4) PCC Pavement with Coralline Materials as Square Meter
Coarse Aggregates (Unreinforced)
311(5) PCC Pavement with Coralline Materials as Square Meter
Coarse Aggregates (Reinforced)
311(6) PCC Pavement with Dolomites as Aggregates Square Meter
311(7) (Unreinforced)
PCC Pavement with Dolomites as Aggregates Square Meter
(Reinforced)

Item 500-PIPE CULVERTS AND STORM DRAINS

500.1 Description

This item shall consist of the construction or reconstruction of pipe culverts and storm
drains, hereinafter referred to as “conduit” in accordance with this Specification and in
conformity with the lines and grades shown on the Plans or as established by the Engineer.

129
500.2 Material Requirements

Material shall meet the requirements specified in the following specifications:

Zinc coated (galvanized) corrugated iron or steel culverts and underdrains AASHTO M 36

Cast iron culvert pipe AASHTO M 64

Concrete sewer, storm drain and culvert pipe AASHTO M 86

Reinforced concrete culvert, storm drain and sewer pipe AASHTO M 170

Bituminous coated corrugated metal culvert pipe and pipe arches AASHTO M 190

Reinforced concrete arch culvert, storm drain and sewer pipe AASHTO M 206

Reinforced concrete elliptical culvert, storm drain and sewer pipe AASHTO M 207

Asbestos cement pipe for culverts and storm drains AASHTO M 217

Joint Mortar-Joint mortar for concrete pipes shall consist of 1 part, by volume of Portland
Cement and two (2) parts of approved sand with water as necessary to obtain the required
consistency.

Portland Cement and sand shall conform to the requirements of Item 405, Structural
Concrete. Mortar shall be used within 30 minutes after its preparation.

Rubber gaskets AASHTO M 198

Oakum-Oakum for joints in bell and spigot pipes shall be made from hemp (Cannavis Sativa)
line or Benares Sunn fiber or from a combination of these fibers. The oakum shall be
thoroughly corded and finished and practically free from lumps, dirt and extraneous matter.

Hot poured joint sealing compound AASHTO M 173

Bedding material shall conform to the requirements of Subsection 500.3.2, Bedding.

Backfill material shall conform to the requirements of Subsection 500.3.6, Backfilling

When the location of manufacturing plants allow, the plants will be inspected
periodically for compliance with specified manufacturing methods, and material samples will
be obtained for laboratory testing for compliance with materials quality requirements. This
shall be the basis for acceptance of manufacturing lots as to quality.

Prior to and during incorporation of materials in the work, these materials will be
subjected to the latest inspection and approval of the Engineer.

500.3 Construction Requirements

130
500.3.1 Trenches Excavation

Trenches shall be excavated in accordance with the requirement of Item 103,

Structure Excavation, to a width sufficient to allow for proper jointing of the conduit and
thorough compaction of the bedding and backfill materials under and around the conduit.
Where feasible, trench wall shall be vertical.

The completed trench bottom shall be trench bottom shall be firm for its full length
and width. Where required, in the case of crop drains, the trench shall have a longitudinal
camber of the magnitude specified.

When so specified on the Plans, the excavation for conduits placed in embankment
fill, shall be made after the embankment has been completed to the specified or directed
height above the designed grade of the conduit.

500.3.2 Bedding

The bedding shall conform to one of the classes specified. When no bedding class is
specified, the requirements for Class bedding shall apply.

Class A bedding shall consist of a continuous concrete cradle conforming to the plan
details.

Class B bedding shall consist of bedding the conduit to a depth of not less than 30
percent of the vertical outside diameter of the conduit. The minimum thickness of bedding
material beneath the pipe shall be of which passes a 9.5 mm sieve and not more than 10
percent of which passes a 0.075 mm sieve. The layer of the bedding material shall be shaped
to fit the conduit for at least 15 percent of its total height. Recesses in the trench bottom shall
be shaped to accommodate the bell when bell and spigot type conduit is used.

Class C bedding shall consist of bedding the conduit to a depth of not less than 10
percent of its total height. The foundation surface, completed in accordance with Item 103,
Structure Excavation, shall be shaped to fit the conduit and shall have recesses shaped to
receive the bells, if any.

For flexible pipe, the bed shall be roughly shaped and a bedding blanket of sand or
fine granular material as specified above shall be provided as follows:

Pipe Corrugation Depth Minimum Bedding Depth

10 mm 25 mm

25 mm 50 mm

50 mm 75 mm

For large diameter structural plate pipes the shaped bed need not exceed the width of
bottom plate.

131
500.3.3 Laying Conduit

The conduit laying shall begin at the downstream end of the conduit line. The lower
segment of the conduit shall be in contact with the shaped bedding throughout its full length.
Bell or groove ends of rigid conduits and outside circumferential laps of flexible conduits
shall be placed facing upstream. Flexible conduit shall be placed with longitudinal laps or
seams at the sides.

Paved or partially-lined conduit shall be laid such that the longitudinal center line of
the paved segment coincides with the flow line. Elliptical and elliptically reinforced conduits
shall be placed with the major axis within 5 degrees of a vertical plane through the
longitudinal axis of the conduit.

500.3.4 Jointing Conduit

Rigid conduits may either be of bell and spigot or tongue and groove design unless
another type is specified. The method of joining conduit sections shall be such that the ends
are fully entered and the inner surfaces are reasonably flush and even.

Joints shall be made with (a) Portland Cement mortar, (b) Portland Cement Grout, (c)
rubber gaskets, (d) oakum and mortar, (e) oakum and joint compound, (f) plastic sealing
compound, or by a combination of these types, or any other type, as may be specified. Mortar
joints shall be made with an excess of mortar to form a continuous bead around the outside of
the conduit and finished smooth on the inside. For grouted joints, molds or runners shall be
used to retain the poured grout. Rubber ring gaskets shall be installed so as to form a flexible
water-tight seal. Where oakum is used, the joint shall be called with this material and then
sealed with the specified material.

When Portland Cement mixtures are used, the completed joints shall be protected
against rapid drying by any suitable covering material.

Flexible conduits shall be firmly joined by coupling bands.

Conduits shall be inspected before any backfill is placed. Any pipe found to be out of
alignment, unduly settled, or damaged shall be taken up and relaid or replaced.

500.3.5 Field Strutting

When required by the Plans, vertical diameter of round flexible conduit shall be
increased 5 percent by shop elongation or by means of jacks applied after the entire line of
conduit has been installed on the bedding but before backfilling. The vertical elongation shall
be maintained by means of sills and struts or by horizontal ties shall be used on paved invert
pipe.

Ties and struts shall be 300 mm in place until the embankment is completed and
compacted, unless otherwise shown on the Plans.

132
 These construction specification shall also apply in the case of relaid conduits. In
addition, all conduits salvaged for relaying shall be cleaned of all foreign materials prior to
reinstallation.

500.3.6 Backfilling

Material for backfilling on each side of the conduit for the full trench width and to an
elevation of 300 mm above the top of the conduit shall be fine, readily compactible soil or
granular material selected from excavation or from a source of the Contractor’s choice, and
shall not contain stones that would be retained on a 50 mm sieve, chunks of highly plastic
clay, or other objectionable material. Granular backfill material shall have not less than 95
percent passing a 12.5 mm sieve and not less than 95 percent retained on a 4.75 mm sieve.
Oversized material, if present, shall be removed at the source of the material, except as
directed by the Engineer.

When the top of the conduit is flushed with or below the top of the trench, backfill
material shall be placed at or near optimum moisture content and compacted in layers not
exceeding 300 mm (compacted) on both sides to an elevation 300 mm above the top of the
conduit. Care shall be exercised to thoroughly compact the backfill under the haunches of the
conduit. The backfill shall be brought up evenly on both sides of the conduit for the full
required length. Except where negative projecting embankment-type installation is specified,
the backfill material shall be placed and compacted for the full length of the trench.

When the top of the conduit is above the top of the trench, backfill shall be placed at
or near optimum moisture content and compacted in layers not exceeding 300 mm
(compacted). It shall be brought up evenly on both sides of the conduit for its full length to an
elevation 300 mm above the top of the conduit. The width of the backfill on each side of the
conduit for the portion above the top of the trench shall be equal to twice the diameter of the
conduit or 3.5 m, whichever is less. The backfill material used in the trench section and the
portion above the top of the trench for a distance on each side of the conduit equal to the
horizontal inside diameter and to 300 mm above the top of the conduit shall conform to the
requirements for backfill materials in this Subsection. The remainder of the backfill shall
consist of materials from excavation and borrow that is suitable for embankment
construction.

Compaction to the density specified in Item 104, Embankment, shall be achieved by

use of mechanical tampers or by rolling.

All conduits after being bedded and backfilled as specified in this Subsection shall be
protected by one meter cover of fill before heavy equipment is permitted to cross during
construction of the roadway.

500.3.7 Imperfect Trench

133
 Under this method, for rigid conduit, the embankment shall be completed as described
in Subsection 500.3.6, Backfilling, to a height above the conduit equal to the vertical outside
diameter of the conduit plus 300 mm. A trench equal in width to the outside horizontal
diameter of the conduit and to the length shown on the plans or as directed by the Engineer
shall then be excavated to within 300 mm of the top of the conduit, trench walls being as
nearly vertical as possible. The trench shall be loosely filled with highly compressible soil.
Construction of embankment above shall then proceed in a normal manner.

500.4 Method of Measurement

Conduit of the different types and sizes, both new and relaid, will be measured by the
linear meter in place. Conduit with sloped or skewed ends will be measured along the invert.

Each section will be measured by the number of units installed.

Branch connection and elbow will be included in the length measurement for conduit,
or they may be measured by the number of units installed.

Class B bedding material placed and approved shall be measured by the cubic meter
in place.

When the Bid Schedule contains an estimated quantity for “Furnishing and Placing
Backfill Material. Pipe Culvert” the quantity to be paid for will be the number of cubic meter
completed in place and accepted, measured in final position between limits as follows:

1. Measurement shall include backfill material in the trench up to the top of the original
ground lines but will not include any material placed outside of vertical planes 450
mm up outside and parallel to the inside wall of pipe at its widest horizontal
dimension.
2. When the original ground line is less than 300 mm above the top of the pipe, the
measurement will also include the placing of all backfill materials, above the original
ground line adjacent to the pipe for a height of 300 mm above the top of pipe and for
a distance on each side of the pipe not greater than the widest horizontal dimension of
the pipe.
3. The measurement shall include the placing of backfill material in all trenches of the
imperfect trench method. Materials reexcavated for imperfect trench construction will
be measured for payment under Item 103, Structure Excavation.

500.5 Basis of Payment

The accepted quantities of conduit, determined as provided in Section 500.4, Method

of Measurement, shall be paid for at the contract unit price per linear meter for the conduit of
the types and sizes specified complete in place. End sections and, when so specified, branch
connections and elbows, shall be paid for at the contract unit price per piece for the kind and
size specified complete in place.

134
 Excavation for culverts and storm drains, including excavation below flow line grade
and for imperfect trench, shall be measured and paid provided in Item 103, Structure
Excavation.

Concrete for Class A bedding will be paid for under Item 405, Structural Concrete.

When the Bid Schedule does not contain as estimated quantity for “Furnishing and
Placing Backfill Material, Pipe Culvert” payment for placing backfill material around pipe
culverts will be considered as included in the payment for excavation of the backfill material.

Payment will be made under:

Pay Item Unit of

Description
Number Measurement

500(1) Pipe Culverts, mm Class- Linear Meter

500(20 Storm Drain, - mm Class- Linear Meter

135
 Section VII. Drawings

Insert here a list of Drawings. The actual Drawings, including site plans, should be
attached to this section or annexed in a separate folder.
 Section VIII. Bill of Quantities

Notes on the Bill of Quantities

Objectives
The objectives of the Bill of Quantities are:
(a) to provide sufficient information on the quantities of Works to be performed to
enable Bids to be prepared efficiently and accurately; and
(b) when a Contract has been entered into, to provide a priced Bill of Quantities for use
in the periodic valuation of Works executed.
In order to attain these objectives, Works should be itemized in the Bill of Quantities in
sufficient detail to distinguish between the different classes of Works, or between Works
of the same nature carried out in different locations or in other circumstances which may
give rise to different considerations of cost. Consistent with these requirements, the layout
and content of the Bill of Quantities should be as simple and brief as possible.

Daywork Schedule
A Daywork Schedule should be included only if the probability of unforeseen work,
outside the items included in the Bill of Quantities, is high. To facilitate checking by the
Entity of the realism of rates quoted by the Bidders, the Daywork Schedule should
normally comprise the following:
(a) A list of the various classes of labor, materials, and Constructional Plant for which
basic daywork rates or prices are to be inserted by the Bidder, together with a
statement of the conditions under which the Contractor will be paid for work
executed on a daywork basis.

(b) Nominal quantities for each item of Daywork, to be priced by each Bidder at
Daywork rates as Bid. The rate to be entered by the Bidder against each basic
Daywork item should include the Contractor’s profit, overheads, supervision, and
other charges.

Provisional Sums
A general provision for physical contingencies (quantity overruns) may be made by
including a provisional sum in the Summary Bill of Quantities. Similarly, a contingency
allowance for possible price increases should be provided as a provisional sum in the
Summary Bill of Quantities. The inclusion of such provisional sums often facilitates
budgetary approval by avoiding the need to request periodic supplementary approvals as
the future need arises. Where such provisional sums or contingency allowances are used,
the SCC should state the manner in which they will be used, and under whose authority
(usually the Procuring Entity’s Representative’s).
The estimated cost of specialized work to be carried out, or of special goods to be supplied,
by other contractors (refer to GCC Clause 8) should be indicated in the relevant part of the
Bill of Quantities as a particular provisional sum with an appropriate brief description. A
separate procurement procedure is normally carried out by the Procuring Entity to select
such specialized contractors. To provide an element of competition among the Bidders in
respect of any facilities, amenities, attendance, etc., to be provided by the successful
Bidder as prime Contractor for the use and convenience of the specialist contractors, each
related provisional sum should be followed by an item in the Bill of Quantities inviting the
Bidder to quote a sum for such amenities, facilities, attendance, etc.

Signature Box

A signature box shall be added at the bottom of each page of the Bill of Quantities where
the authorized representative of the Bidder shall affix his signature. Failure of the
authorized representative to sign each and every page of the Bill of Quantities shall be a
cause for rejection of his bid.

These Notes for Preparing a Bill of Quantities are intended only as information for the
Procuring Entity or the person drafting the Bidding Documents. They should not be
included in the final documents.
 Sub-Project Title: Local Access Road-Upgrading of Villafranca-Bayasugao Farm to Market
Road

Project Location: Sitio Bayasugao, Villafranca, Gigaquit, Surigao del Norte

Total
Item No. Scope of Work Quantity Unit Unit Cost
Amount

A.1.1(10) Provision of Living Quarter for the Engineer 3.33 mos.

B.4(1) Construction Survey & Staking 0.60 km.

B.5 Project Billboard 4.00 each

B.7(2) Occupational Safety & Health Program 1.00 ls

B.8(1) Traffic Management 3.33 mos.

B.9 Mobilization/Demobilization 1.00 ls

100(2) Clearing and Grubbing 1.00 ls

103(3) Foundation Fill 3.05 cu.m.

Pipe Culvert & Drain Excavation (Common

103(6)a 68.78 cu.m.
Soil)

104(2)a Embankment (From Borrow) 367.20 cu.m.

105(1)a Sub-grade Preparation (Common Materials) 4,320.00 sq.m.

200(1) Aggregate Subbase Course (0.20 m. thick) 592.92 cu.m.

PCC Pavement (Unreinforced), 0.20 m. thick,

311(1)b1 2,700.00 sq.m.
14 days

500(1)a1 Pipe Culverts (610 mm Ø, Class II, RCPC) 24.00 ln.m.

505(2)a Grouted Riprap (Class A) 100.60 cu.m.

 Section IX. Bidding Forms

TABLE OF CONTENTS
Bid Form........................................................................................................ 141
Form of Contract Agreement ......................................................................... 143
Omnibus Sworn Statement ............................................................................. 145
Bid Securing Declaration………………………………………………………91

140
 Bid Form

Date: ______________________
IB2 No: ____________________

To: [name and address of PROCURING ENTITY]

Address: [insert address]

We, the undersigned, declare that:

(a) We have examined and have no reservation to the Bidding Documents, including
Addenda, for the Contract [insert name of contract];

(b) We offer to execute the Works for this Contract in accordance with the Bid and Bid Data
Sheet, General and Special Conditions of Contract accompanying this Bid;

The total price of our Bid, excluding any discounts offered below is: [insert
information];

The discounts offered and the methodology for their application are: [insert
information];

(c) Our Bid shall be valid for a period of [insert number] days from the date fixed for the
Bid submission deadline in accordance with the Bidding Documents, and it shall remain
binding upon us and may be accepted at any time before the expiration of that period;

(d) If our Bid is accepted, we commit to obtain a Performance Security in the amount of
[insert percentage amount] percent of the Contract Price for the due performance of the
Contract;

(e) Our firm, including any subcontractors or suppliers for any part of the Contract, have
nationalities from the following eligible countries: [insert information];

(f) We are not participating, as Bidders, in more than one Bid in this bidding process, other
than alternative offers in accordance with the Bidding Documents;

(g) Our firm, its affiliates or subsidiaries, including any subcontractors or suppliers for any
part of the Contract, has not been declared ineligible by the Funding Source;

(h) We understand that this Bid, together with your written acceptance thereof included in
your notification of award, shall constitute a binding contract between us, until a formal
Contract is prepared and executed; and

2 If ADB, JICA and WB funded projects, use IFB.

141
(i) We understand that you are not bound to accept the Lowest Calculated Bid or any other
Bid that you may receive.

(j) We likewise certify/confirm that the undersigned, is the duly authorized

representative of the bidder, and 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 the [Name of Project] of the [Name of the
Procuring Entity].

(k) We acknowledge that failure to sign each and every page of this Bid Form,
including the Bill of Quantities, shall be a ground for the rejection of our bid.

Name:

In the capacity of:

Signed:

Duly authorized to sign the Bid for and on behalf of:

Date: ___________

142
 Form of Contract Agreement

THIS AGREEMENT, made this [insert date] day of [insert month], [insert year]
between [name and address of PROCURING ENTITY] (hereinafter called the“Entity”) and
[name and address of Contractor] (hereinafter called the “Contractor”).

WHEREAS, the Entity is desirous that the Contractor execute [name and
identification number of contract] (hereinafter called “the Works”) and the Entity has
accepted the Bid for [insert the amount in specified currency in numbers and words] by the
Contractor for the execution and completion of such Works and the remedying of any defects
therein.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement, words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract hereinafter
referred to.

2. The following documents shall be attached, deemed to form, and be read and
construed as integral part of this Agreement, to wit:

(a) General and Special Conditions of Contract;

(b) Drawings/Plans;
(c) Specifications;
(d) Invitation to Bid;
(e) Instructions to Bidders;
(f) Bid Data Sheet;
(g) Addenda and/or Supplemental/Bid Bulletins, if any;
(h) Bid form, including all the documents/statements contained in the
Bidder’s bidding envelopes, as annexes, and all other documents
submitted (e.g., Bidder’s response to request for clarifications on the
bid), including corrections to the bid, if any, resulting from the
Procuring Entity’s bid evaluation;
(i) Eligibility requirements, documents and/or statements;
(j) Performance Security;
(k) Notice of Award of Contract and the Bidder’s conforme thereto;
(l) Other contract documents that may be required by existing laws and/or
the Entity.

3. In consideration of the payments to be made by the Entity to the Contractor as

hereinafter mentioned, the Contractor hereby covenants with the Entity to
execute and complete the Works and remedy any defects therein in conformity
with the provisions of this Contract in all respects.

143
 4. The Entity hereby covenants to pay the Contractor in consideration of the
execution and completion of the Works and the remedying of defects wherein,
the Contract Price or such other sum as may become payable under the
provisions of this Contract at the times and in the manner prescribed by this
Contract.

IN WITNESS whereof the parties thereto have caused this Agreement to be executed
the day and year first before written.

Signed, sealed, delivered by the (for the Entity)

Signed, sealed, delivered by the (for the Contractor).

Binding Signature of Procuring Entity

________________________________________________

Binding Signature of Contractor

_____________________________________________

[Addendum showing the corrections, if any, made during the Bid evaluation should be
attached with this agreement]

144
 Omnibus Sworn Statement

REPUBLIC OF THE PHILIPPINES )

CITY/MUNICIPALITY OF ______ ) S.S.

AFFIDAVIT

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 Bidder];

If a partnership, corporation, cooperative, or joint venture: I am the duly authorized

and designated representative of [Name of Bidder] 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 Bidder], 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]
[insert “as shown in the attached duly notarized Special Power of Attorney” for the
authorized representative];

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], accompanied by the duly notarized Special
Power of Attorney, Board/Partnership Resolution, or Secretary’s Certificate,
whichever is applicable;

3. [Name of Bidder] 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;

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;

145
 5. [Name of Bidder] 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 consultants by consanguinity or affinity up to the
third civil degree;
If a partnership or cooperative: None of the officers and members of [Name of
Bidder] 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
consultants 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 Bidder] 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 consultants by consanguinity or affinity up to the third civil
degree;
7. [Name of Bidder] complies with existing labor laws and standards; and

8. [Name of Bidder] 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].
9. [Name of Bidder] 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.
_____________________________________
Bidder’s Representative/Authorized Signatory

146
 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.

147
Bid-Securing Declaration

(REPUBLIC OF THE PHILIPPINES)

CITY OF _______________________ ) S.S.
x-------------------------------------------------------x

Invitation to Bid [Insert reference number]

To: [Insert name and address of the Procuring Entity]

I/We, the undersigned, declare that:

1. I/We understand that, according to your conditions, bids must be supported by a Bid
Security, which may be in the form of a Bid-Securing Declaration.

2. I/We accept that: (a) I/we will be automatically disqualified from bidding for any contract
with any procuring entity for a period of two (2) years upon receipt of your Blacklisting
Order; and, (b) I/we will pay the applicable fine provided under Section 6 of the
Guidelines on the Use of Bid Securing Declaration, within fifteen (15) days from receipt
of written demand by the procuring entity for the commission of acts resulting to the
enforcement of the bid securing declaration under Sections 23.1(b), 34.2, 40.1 and 69.1,
except 69.1 (f), of the IRR of RA 9184; without prejudice to other legal action the
government may undertake.

3. I/We understand that this Bid-Securing Declaration shall cease to be valid on the
following circumstances:

a. Upon expiration of the bid validity period, or any extension thereof pursuant to your
request;
b. I am/we are declared ineligible or post-disqualified upon receipt of your notice to
such effect, and (i) I/we failed to timely file a request for reconsideration or (ii) I/we
filed a waiver to avail of said right;
c. I am/we are declared as the bidder with the Lowest Calculated Responsive Bid, and
I/we have furnished the performance security and signed the Contract.

148
IN WITNESS WHEREOF, I/We have hereunto set my/our hand/s this ____ day of [month]
[year] at [place of execution].

[Insert NAME OF BIDDER’S AUTHORIZED REPRESENTATIVE]

[Insert signatory’s legal capacity]

Affiant

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.
______.

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 ____.

149
150