TERMS OF REFERENCE

SERVICE CONTRACT FOR THE PARCELLARY SURVEY OF

PROPOSED CALACA-DASMARINAS WESTERN 500 KV BACKBONE PROJECT
(CASTILLEJOS-HERMOSA 500 KV TLP)

1.0 OBJECTIVE

The Contractors shall fully and faithfully furnish all labor, materials and
equipment to complete the establishment of right-of-way corridor and
parcellary survey of lots to be affected by the proposed transmission line
project.

2.0 Scope of Work:

2.1 Re-eEstablishment of Centerline and ROW corridor/limits from 40

meters to 60 meters width.
2.2 Modification of previous Parcellary Survey of Lots affected by the
transmission line project
2.2.1 Revisions of Individual Lot Sketch Plans and preparation of
additional Lot Sketch plans as necessary.
2.2.2 Research for latest/updated lot records (TCTs, Tax Decs,
Subdivision Plan)
2.2.3 Preparation of updated Masterlist and Parcellary Index Map
2.2.4 Ground Validation

3.0 Work Quantities:

The route shall originate from the Dasmarinas Substation in Dasmarinas,

Caviteproposed substation in Castillejos, Zambales and shall pass at the
terminate at the proposed substation in Bagong Tubig, Calaca,
Batangasexpansion site of Hermosa Substation before it terminates at
proposed tapping point at the Sta. Rita-Calaca 230 kV Transmission Line.
Twith a total length isof approximately 5835 kilometers. The work quantities
are as follows:

a. Establishment of centerline and ROW corridor/limits (approx. 5835 km)

b. Parcellary Survey of affected lots (approx. 58 35 km)

The above quantities may vary depending on some adjustments in the

original route alignment as maybe necessary. Payment will be based on
actual quantities per Section 9, Payment for Increase or Reduction in Work
Quantities.

4.0 Contractors Eligibility Requirements:

4.1 The firm/contractor must have at least three (3) year experience in the
execution of parcellary survey works with at least the same scope of
works.

4.2 Preference shall be given to local contractor with office base in Bataan
or Zambales Provinces and/or contractor with completed parcellary
survey project in the project area.

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 4.3 The contractor shall submit to NGCP the following requirements for
verification and/or approval as part of the technical offer:

4.3.1 Bar Schedule (preferably in MS Project) to include detailed

activities covered by the scope of work in consonance with the
schedule of submission of end-products as specified under
Section 8, Contract Period and Deliverables Schedule
4.3.2 Manpower loading/personnel distribution schedule.
4.3.3 Project Organization Structure and Company Profile
4.3.4 Vehicle requirements

4.4 Equipment/Instruments:

Contractor shall provide the following minimum number of survey

instruments and equipment:

4.4.1 Two (2) sets of Total Station and one (1) set of GPS Instruments.

4.4.1.1 The total station survey instrument shall be supported

by an updated/valid calibration certificate from LMB.
4.4.1.2 The GPS instrument shall be of survey type with at least
three (3) receivers with valid calibration certificate from
CGSD-NAMRIA.

4.4.2 Surveying software to be utilized shall be legally licensed to the

contractor.

4.4.3 At least two (2) All-terrain service vehicles.

4.5 Personnel

4.5.1 The contractor shall deploy the following number of personnel to

form at least two (2) survey teams:
4.5.1.1 One (1) Project Engineer
4.5.1.2 Two (2) Instrumentman
4.5.1.3 Two (2) CAD Operator
4.5.1.4 Two (2) Researcher
4.5.1.5 EightTen (810) ROW Validator

4.5.2 The contractor shall hire ROW validators whose primary duties are:
4.5.2.1 To conduct field verification on a per lot basis
4.5.2.2 To validate the correctness of the resulting lot sketch plans
based on the actual configuration of the land.
4.5.2.3 To validate if all gathered supporting lot records are the
latest with regards to ownership of lots including
addresses/locations and contact numbers of Project Affected
Persons (PAPs), title, lot number and approved subdivision/
consolidation plan.

4.5.3 During contract implementation, the contractor shall submit

progress report to the Division Head SouthNorth Luzon Projects
Division (DH-SNLPD) on a weekly basis.

4.5.4 The contractor shall not assign, transfer or sub-contract the benefits
and obligation of this agreement or any part hereof.

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1. Technical Provisions

5.1 Right-of-Way Corridor Limit

5.1.1 The right-of-way corridor/limit shall be sixty (60) meter-width, i.e.,

30 meters to the left and 320 meters to the right from the
centerline.

5.1.2 Route centerline and ROW corridor/limits shall be marked every

200 meters with wooden guide sticks painted with distinct color
and properly staked on the ground on both sides. Natural features
such as trees, boulders and the like are ideal markers in lieu of
guide sticks where stakes exactly fall therein provided these are
painted distinctly.

5.1.3 As a general rule, the centerline, left and right ROW corridor/limits
shall be marked on grounds as reference during the conduct of
counting of crops, trees and improvements. NGCP may require
additional ROW markings as maybe necessary for thickly vegetated
areas..

5.2 Parcellary Survey

5.2.1 Lot Survey

5.2.1.1 Land or lots which are not duly registered with the Land
Management Bureau (LMB), Land Registration Authority
(LRA) and other government authorities where technical
descriptions are not available, as-built/actual lot survey to
determine the area affected shall be performed in the
presence of the lot/landowners and adjacent
lot/landowners or their lawfully designated representatives.

5.2.1.2 Lot sketch plans for lots with dual land-use classification as
indicated in the tax declarations shall be prepared in such
a way that the residential and agricultural portions of the
lot shall be properly indicated complete with technical
descriptions and confirmed by the municipal assessors
office concerned.

5.2.1.3 Contractor shall submit side shots of at least two (2)

corners of the lots where towersites are located.

5.2.1.4 For lots representing wider areas such as public timberland,

watershed reservations and pastureland and without lot
data, contractor shall inform NGCP for appropriate
guidance.

5.2.2 Lot Records/Data Gathering

5.2.2.1 All lots records/documents issued by LMB, LRA, Assessors

Office, Register of Deeds, and other government agencies
shall be properly authenticated and affixed with
documentary stamps.

5.2.2.2 Certification of Non-Availability of Lot Records from records

officer of above-mentioned government agencies shall be
secured if documents are not available.
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 5.2.3 Compiling Reports consisting of Master List of lotowners including
addresses/locations and contact numbers, Lot Data and Lot Sketch
Plans
Preparation, compilation and arrangement of these parcellary end-
products shall be referred to the PAROWS-NLPD.

5.2.4 Preparation of Lot Sketch Plan and Parcellary Index Map

An electronic copy of the standard format of end-products can

secured from NGCP thru the Engineering Technical Services Division
(ETSD).

5.2.4.1 The lot sketch plan shall be prepared in A4 bond per NGCP
standard. Each lot sketch plans shall be prepared with a
separate Narrative Technical Description (NTD) both should
be duly signed by a Geodetic Engineer.

5.2.4.2 The individual lot sketch plans shall indicate not only the
area to be covered by the Right-of-Way but also the
footprint area covered by the foundations of the tower for
lots with towersites.

5.2.4.3 Tie line for each lot shall be reckoned from BLLM or location
monuments established by the Lands Management Bureau
as indicated in the TCT or NTD used as reference.

5.2.4.4 A Parcellary Index Map in one coordinate system using PRS-

92 at convenient and readable scale shall be prepared in a
quality tracing paper indicating the transmission line route
and ROW corridor with all the lots affected, all NAMRIA and
LMB ground control points, municipal boundaries and
existing road network indicating whether provincial,
municipal or barangay road.

5.2.4.5 E-copy of final drawings such as that of the Parcellary Index

Map, Individual Lot Plans, NTD and Masterlist shall be
submitted to SNLPD in mobile disk as part of the final/last
submission.

6. NGCPs Obligation

6.1 Provide the contractor with the coordinates of the existing ground controls
points and monumented and monumented towersites established towersites
as references during fieldworks.

6.2 Provide contractor with the soft copy of the Parcellary Index Map, Individual
Lot Sketch Plans and hard copy Lot Data Computation prepared during the
previous parcellary survey.
during the route survey as guide and reference.
6.3 Provide the contractor with the required NGCP drawings/plans/report formats
and dimension/area to be occupied by the proposed tower.

7. Contractors Obligation

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 7.1 Furnishing of labors, materials, and equipment during the conduct of the
surveys.

7.2 Secure permit to enter the premises of affected lots.

7.3 Research and gathering of lot records/information/documents from

individual lot owners if these are not available at concerned government
agencies.

7.4 Submission of weekly progress report and availability of Contractors

Project Engineer/representative during inspection and coordination
meetings.

7.5 To ensure that all submitted lot sketch plans been thoroughly validated in
the field with regards to the correctness of the area affected and all
supporting lot records are updated as to the latest ownership of lots
including addresses/locations and contact number of PAPs, title, lot
number and subdivision/consolidation plan.

8. Contract Period, Deliverables and Payment Schedule:

Contractor shall commence the work under this contract after the kick-off
meeting to be set by Mindanao Projects Division of NGCP immediately upon
receiptaward of the PO. All the works as stated under Section 2 and 3, Scope
of Work and Work Quantities, shall be completed in OOne Hundred Fifty
(150)ne Hundred Twenty (120) c calendar days reckoned from the official
start of the contract as agreed during the kickoff meeting plus any extension of
time duly granted in accordance with the contract. Completion and
submission of end-products and progress payment shall be in accordance with
the following schedule:

8.1 Advance Payment

Advance Payment of Fifteen Percent (15%) of the total contract price

upon receipt of the PO and to be deductible every progress payment.
Certificate of Mobilization issued by the Heads of PAROWS-NLPD and TSS-
NL and approved by HeadNLPD is required as an attachment.

8.2 First (1st) Progress Payment

Completion of the Establishment of Ground Control Points and ROW

Corridor/Limits equivalent toPayment of Twenty (20%) percent of the
total contract price upon completion of the Establishment of the ROW
Corridor/Limits shall be within Forty-Five (45) calendar days reckoned
from the 1ST day of the contract period.

Certificate of Accomplishment from the Heads of PAROWS-NLPD and TSS-

NL and approved by HeadNLPD that ground markings of the ROW
Corridor/Limits have been completed is required as an attachment.

8.3 Second (2nd ) Progress Payment

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 Payment of Thirty Percent (30%) of the contract price for Parcellary
Survey as indicated in the PO upon submission of Index Map, Individual
Lot Sketch Plans of lots where tower sites are located within NinetySixty
(960) calendar days.

Certificate of Accomplishment from the Heads of PAROWS-NLPD and TSS-

NL and approved by Head NLPD that Index Map, all Lot Sketch Plans and
its Narrative Technical Descriptions of towersites had been submitted is
required as an attachment.

8.4 Third (3rd) and Final Progress Payment

Third (3rd) and Final Progress Payment for the remaining Fifty Thirty Five
PPercent (5035%) of the contract price for Parcellary Survey as
indicated in the PO upon completion and submission of the remaining
deliverables of the parcellary survey such as the Individual Lot Sketch
Plans of all the lots affected by in-between towers, Parcellary Index Map,
Masterlist of lots and lot owners and supporting Lot Records particularly
OCT/TCTs, Tax Declaration and/or Lot Data Computation at end of the
contract period or any duly granted extension of time.
Certificate of Accomplishment from the Heads of PAROWS-NLPD and TSS-
NL and approved by Head NLPD that the Lot Sketch Plans, Narrative
Technical Descriptions, Parcellary Index Map, Masterlist of affected lots
and the supporting Lot Records particularly OCT/TCTs, Tax Declaration
and/or Lot Data Computation have been submitted is required as an
attachment.

9. Payment for Increase or Reduction of Work Quantities

In cases where variation in the actual quantities of the work from that specified
in Section 3.0 (Work Quantities) arises, any increase or reduction in the work
quantities shall be paid accordingly on a per unit price basis computed by
dividing the contact price for each activity item by the total quantity of said
activity item.

11. Changes in Terms of References and Specifications

Subject to review, Terms of Reference may be changed to suit actual field

condition upon the recommendation of the authorized representative of the
NGCP. Such changes shall be ordered by the Contracting Officer in writing, and
no change or omission from the Terms of Reference shall be considered to
have been authorized without written instruction signed by the Contracting
Officer.

If changes are of such character that the unit price to the Contractor will not
necessitate any increase, the contracted unit price shall be adopted. However,
if circumstances warrant an increase in the unit price, then such an increase
shall be subject to the approval of the authorized NGCP official.

10. Retention Money

In order to guarantee the accuracy, correctness and completeness of end-

products submitted, retention money equivalent to ten percent (10%) of the
contract price shall be deducted from every progress billing submitted by the
Contractor.

The accumulated retention shall be released to the Contractor upon issuance

of Certificate of Final Acceptance signed by the Heads of NLPD, PARMD and
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 ETSD after One (1) Year reckoned from the end of the contract period or any
duly approved time extension provided all deliverables for revision/correction
have been appropriately acted upon and complied by the contractor.

An affidavit shall be executed by the contractor that will form part of the
requirements for the release of retention, indicating that any inconsistencies or
errors discovered even after the issuance of the Certificate of Final Acceptance
shall be corrected immediately without any cost to NGCP.

12. Administrative Responsibilities:

In the execution of the contract, Project Acceptability and Right-Of-Way

Services and Technical Services Sections of concerned North Luzon Project
Division (PAROWS & TSS-NLPD) shall be responsible for the contract
administration, supervision and implementation of this contract including
receiving and safekeeping of the required deliverables.

ETSD shall be responsible in checking the quality and accuracy of the

contractors end-products that involves figures, plans and drawings.
In the execution of the contract, PARMD thru the ROW section of concerned
Project Division shall be responsible for the contract supervision and
monitoring of contract activities including receiving of the required
deliverables per timeline. On the other hand ETSD shall be responsible in
checking the quality and accuracy of field procedures and end-products.
ETSD shall turnover at the start of the contract the TL route alignment to
include the towersites coordinates and route map. The Certificate of
Acceptance shall be approved by both the Heads of Projects Division and
ETSD with the concurrence of the Project ROW section.

13. Penalty Erroneous Sketch Plans

To ensure the accuracy of the submitted end-products, penalty shall be

imposed on every sketch plan used by NGCP in lot negotiation and found to be
erroneous by implementing office. Erroneous sketch plan means the lot
polygon that does not represent the actual ground configuration with regards
to the lot technical data or existing legal document.

In the event that submitted sketch plans are found to be erroneous, penalty
shall be imposed on every erroneous lot sketch plan deductible from the
10% retention money to be computed as follows:

Penalty = Total Retention Money (3% x Total no. of Lots)

NGCP reserves its right to exercise its discretion to suspend or blacklist poor
performing bidders and contractors.

14. Liquidated Damages

This shall be imposed on per pay item basis in accordance with the deliverable
schedule as provided under Section 9 - Contract Period and Deliverable
Schedule and Section 10-Mode of Payment and Pay Item which shall be
equivalent to one-tenth (1/10) of one percent (1%) but not exceeding twenty
five percent (25%) of each contract bid price.

Other specifications shall be referred to the Liquidated Damages provisions of

the Bid Documents (General Conditions of the Contract).

15. Right of Corporation to Take Over Work

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 Should the Contractor fail to complete the Works herein specified and agreed
upon, or if the Works is abandoned, or the Contract is assigned otherwise than
specified herein, or if at any time the Corporation is of the opinion, after
verifying the facts, that the Works is unnecessarily or unreasonably delayed,
by as much as 20% of the total contract duration, or that the Contractor is
violating any of the conditions, covenants and agreements of this Contract, or
he is not executing the same in good faith or it is not making such progress in
the work as to insure its completion within the required time, then in any of
these cases Corporation shall have the power to take over the work by giving
notice in writing to that effect to Contractor and his sureties of the intention of
Corporation to take over the work. Such notice shall contain the reasons for
such intention to take over.

If, within the ten (10) calendar days after serving such notice, the Contractor
fails to remove the cause or causes of the delay or the violation or if the
Contractor fails to make satisfactory arrangement for its correction, upon
expiration of said ten (10) calendar days, the right of Contractor to execute the
Works himself ceases.
Upon expiration of the said ten (10) calendar days after serving such notice
the Corporation shall proceed to take over and perform the Works either by
administration or otherwise.

The determination by the Corporation of the existence of facts justifying the

take-over shall be binding upon the Contractor unless such determination, in
the opinion of the Contractor is unreasonable, arbitrary or unfair, in which case
the Contractor may raise his appeal in accordance with appropriate
authorities, however, that pending such appeal as above outlined, the
implementation of the immediate take-over may, at the option of the
Corporation, proceed along.

Should the Corporation take over this Works and complete it by administration
or otherwise, it shall ascertain and fix the value of the Works already
completed by the Contractor but not paid for and all usable materials on the
Site of the Works taken over by the Corporation. The price of completing the
Works shall be charged against the Contract Price of the remaining work
including retained percentage and in case of insufficiency thereof, the excess
shall be charged to the Contractor and/or his Securities.

It is expressly agreed that in the event the Corporation takes over the Works
from the Contractor, the latter and his sureties shall continue to be liable
under this Contract for any expense in the completion of the Works in excess
of the Contract Price and the Performance Securities filed by the Contractor
shall be answerable for such expenses and for such expenses and for any and
all damages that the Corporation may suffer as a result of and in connection
with the take-over.

Neither an extension of time nor the acceptance of any part of the Works
called for in the Contract shall be deemed a waiver by the Corporation of the
right to take over for any of the causes expressly provided in this provision.

16. Warranty Clause:

Warranty period shall be one (1) year from the actual date of acceptance as
indicated in the Certificate of Acceptance or as maybe specified by NGCP. The
warranty shall be covered by the 10% Retention money deducted from the
contractor.

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CONTRACTOR hereby guaranties the completeness, accuracy and correctness
of end products submitted. In the event that NGCP, in the process of
validation, have discovered inconsistency or conflict of lot data/drawings
submitted by the contractor even after the issuance of the Certificate of Final
Acceptance, the Contractor shall undertake immediately the necessary
corrective measures at no cost to NGCP. This includes but not limited to cases
where a lot has been verified to be already subdivided into sub-lots on or
before the end of the contract period, the Contractor shall perform the
necessary corrections immediately within thirty (30) calendar days from return
by NGCP to contractor of the drawings for corrections.

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