MWM Terminals, Inc.

MWM Terminals is the consortium of Megawide Construction Corporation and WM Property Management, Inc. MWM brings expertise in the construction and development of urban transport infrastructure. It was established in 2015.

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Main Obligations of Parties Concessionaire

1. Design, engineer and construct the ITS Terminal, Access Road and the pedestrian connection/s between the ITS Terminal and LRT 1 Asia World Station concourse within eighteen (18) months;

2. from its completion until the end of the Concession Period, the operate and maintain the ITS Terminal;

3. turn-over of the Project Assets to the Grantor at the end of the Concession Period,

all in accordance with the Concession Agreement

Grantor

1. Provide and/or acquire the Project Land;

2. Provide the ROW over the Access Road Land,

all in accordance with the Concession Agreement

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Independent Consultant: Overview

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Typically the IC is required to ensure: 1. that the detailed designs submitted by the private

proponent are prepared correctly; 2. that the construction of facilities are executed in

accordance with the minimum standards and specifications set by the DoTC;

3. that the operation of the such facilities are in accordance with key performance indices which are contractually predetermined; and,

4. that the facilities are transferred back to the Government in an acceptable condition.

Unlike the PPP projects, the procurement of an IC is governed by Republic Act No. 9184, otherwise known as the Government Procurement Reform Act.

Independent Consultant: Overview Objective Procurement of the services of an Independent Consultant to

ensure that the Concessionaire’s plans for the establishment of the Southwest Integrated Transport System Project substantially conforms to the specifications and procedures set out in the Concession Agreement. The Consultant shall also provide the necessary certifications, approvals and documents in the concession agreement including, but not limited to the approval of the Detailed Design, the inspection of Works, EIA, and acceptance certificates. The Consultant shall perform these necessary tasks during the entire construction period.

Duration ~ 22 months or until the issuance of the Final Acceptance Certificate, whichever is later

Estimated Cost

PhP 20 to 25 million

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Scope of Work

I. Perform tasks related to the main obligations of the parties under the Concession Agreement;

II. Perform tasks not related to the main obligations of the parties under the Concession Agreement; and,

III. Perform general tasks or functions.

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Scope of Work

I. Perform tasks related to the main obligations of the parties under the Concession Agreement

1) Certify that the project land has been provided and/or acquired by the DoTC.

2) Concessionaire’s Submission of Documents

i. Review and approve the design submittals schedule;

ii. Review and approve the detailed design;

iii. Issue the Design Acceptance Certificate (and any updates thereof);

iv. Review and approve changes in the detailed design following the issuance of a Design Acceptance Certificate, if any

v. Review and approve the changes to MPSS following the issuance of a Design Acceptance Certificate, if any.

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Scope of Work I. Perform tasks related to the main obligations

of the parties under the Concession Agreement

3) Construction of the ITS terminal

i. Review the Commissioning and Acceptance Plan

ii. Participate in all Commissioning and Acceptance Tests

iii. Issue the Provisional and/or Final Acceptance Certificate/s

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Scope of Work

II. Perform tasks not related to the main obligations of the parties under the Concession Agreement

1) Assistance during Termination Proceedings

i. Certify the values of works in progress and other capital works carried out and paid for by the Concessionaire;

ii. Certify the values of total cost incurred (net of accumulated amortization or depreciation, until the time of termination of the Concession Agreement) of capital works approved by the DoTC and carried out and paid for by the Concessionaire and confirm the absence of double counting in the values thereof.

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Scope of Work

II. Perform tasks not related to the main obligations of the parties under the Concession Agreement

2) Assistance during Dispute Resolutions

Participate in the resolution of any dispute between DoTC and the Concessionaire to the extent that the subject of the dispute relate to any of the IC’s services, duties and/or obligations

3) Recommend Sufficiency of Time Extensions

Recommend an appropriate time extension on milestones/deadlines that the DoTC or the Concessionaire fail to meet as a consequence of any delay.

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Scope of Work

III. General Functions or Tasks

1) Monitor construction activities, which involves:

i. Application of mitigations identified in the environmental and social management system;

ii. Monitoring, inspecting and keeping the DoTC and the Concessionaire advised of the state and progress of the Work(s);

iii. Undertaking regular site visits;

iv. Undertaking service inspections; and

v. Reviewing the Operations and Maintenance Manual

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Scope of Work

III. General Functions or Tasks 2) Liaise, as necessary, with the nominated representatives

of the DoTC and the Concessionaire;

3) Undertake an audit of the quality control documentation for the Works in accordance with MPSS set in the Concession Agreement;

4) Issue of notices and submission of reports; and,

5) Perform all of the duties, tasks, functions and obligations; and exercise all of the rights (as appropriate), of an IC as set out and provided in the Concession Agreement or as would be reasonably foreseen by an experienced IC as forming a necessary part of an IC’s duties.

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Certification and Reports

Certification

• Certificate of Project Land provision or acquisition;

• Certificate of Approval of Design Submittals Schedule;

• Design Acceptance Certificate (and any updates);

• Provisional Acceptance Certificate(s); and/or Final Acceptance Certificate; and

• Certificate of approval of Proposed Scheduling System

Reports and Notices

Includes but are not limited to:

• Commissioning and Acceptance Notice;

• Detailed Design Rejection Notice;

• Independent Consultant Failure Report;

• Notice regarding Construction Completion Date is not likely to be achieved on or before the Required Completion Date; and

• Notice regarding Concessionaire’s breach of its obligation under the Concession Agreement

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Eligibility Criteria 1. Must be a holder of ISO 9001 Certificate

2. Must have contracts over the past ten (10) years that have scope involving or similar to:

a) Transport planning of the Developments; review of, certification of, or preparation of detailed design of the Developments; or engineering consultancy on the Developments;

b) Project management assignments including monitoring, supervision and certification of works or actual construction of the Developments, or witnessing and review of the commissioning process for the Developments; and

c) Audit and review of the operation and maintenance of the Developments.

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Eligibility Criteria

3. Must have personnel with experience in the review of/actual operation and maintenance, and review of/actual project management of Developments.

“Developments” shall refer to any of the following: a bus terminal, commercial complex, shopping mall, airport terminal, parking complex, freight terminal; provided that a project must have a minimum development cost of at least four hundred million Philippine Pesos (PhP400,000,000), excluding price of land, and a capacity of at least thirty (30) parking bays for land surface transport vehicles with four (4) or more wheels, excluding rail.

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Key Experts

Key Personnel Educational Qualification

Preferred

Length of

Professional

Experience

Experience on Eligible Assignments

1 Team Leader Licensed in Civil Engineering,

with a Masteral degree in

Engineering Management or

any other relevant MS degree.

15 years He should have led project teams (full time) for at least

three (3) Eligible Assignments.

2 Deputy Project

Manager

Licensed in Civil Engineering ,

with a Masteral degree in

Engineering Management or

any other relevant MS degree.

10 years He should have led project teams (full time) for at least one

(1) Eligible Assignment.

3 Civil/Structural

Engineer - Building

Licensed in Civil Engineering /

Structural Engineering

10 years He should have worked as civil / structural engineer on at

least one (1) Eligible Assignment.

4 Civil/Structural

Engineer - Pavement

Licensed in Civil Engineering /

Structural Engineering

10 years He should have worked as civil /structural engineer on at

least one (1) Eligible Assignment.

5 Architect Licensed in Architecture 10 years He must have designed a transport terminal building with a

minimum development cost of at least four hundred

million Philippine Pesos (PhP400,000,000) and a capacity

of at least thirty (30) parking bays for land surface

transport vehicles with four (4) or more wheels, excluding

rail.

6 Operations and

Maintenance Expert

Licensed in any Engineering

course

10 years He should have worked in operations of at least one (1)

Eligible Assignment for a minimum of five (5) years.

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Key Experts

Key Personnel Educational Qualification

Preferred

Length of

Professional

Experience

Experience on Eligible Assignments

7 Safety Expert Licensed in Safety Engineering

or any other Engineering course

10 years He should have worked as safety expert on at least

one (1) Eligible Assignment.

8 Quantity Surveyor/Cost

Engineer

Licensed in any Engineering

course

10 years He should have worked as quantity surveyor/cost

engineer on at least one (1) Eligible Assignment.

9 Electrical Engineer Licensed in Electrical

Engineering

10 years He should have worked as an electrical engineer on

at least one (1) Eligible Assignment.

10 Mechanical Engineer Licensed in Mechanical

Engineering

10 years He should have worked as a mechanical engineer on

at least one (1) Eligible Assignment.

11 IT/ MIS Expert Licensed in IT Engineering 10 years He should have demonstrated experience in the

design / development / implementation /

maintenance of IT systems or MIS.

12 Transport Planner Licensed in any engineering

course, with a masteral degree

in Transport Planning

10 years He should have demonstrated experience in

transport terminal planning, including but not

limited to forecasting facility requirements based on

projected passenger demand and setting out

operational requirements and minimum

performance standards and specifications.

13 Contract/Document

Specialist

Licensed in Civil Engineering or

any equivalent course

10 years He should have demonstrated experience in

procurement and contract drafting, and he must

have successfully negotiated and/or managed at

least one (1) contract for an Eligible Assignment. 36

Key Experts

Key Personnel Educational Qualification

Preferred Length of

Professional

Experience

Experience on Eligible Assignments

14 Materials/ Quality Control Engineer

Licensed in Civil

Engineering, preferably

an accredited Materials

Engineer II of DPWH

10 years He should have demonstrated experience as Materials

Engineer in the construction of at least one (1) Eligible

Assignment.

15 Environmental

Specialist

Licensed in

Environmental Planning

10 years He should have demonstrated experience in environmental

impact assessment and mitigation measures for at least 5

projects in accordance with the specific environmental and

safeguard requirements in the Philippines and of existing

Philippine laws.

16 Surveyor Licensed in Civil

Engineering

10 years

17 Sanitary

Engineer

Licensed in Sanitary

Engineering

10 years

18 Legal Specialist IBP Member 10 years H/She should have demonstrated experience in providing

legal services/advice in implementing the infrastructure

projects. Should have provided legal advice for at least one

(1) Eligible Assignment contract implementation.

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The Independent Consultant shall provide, discuss and quantify the number and person-months of any support staff composed of junior engineers, administrative officer and staff, accountant and accounting staff, CAD operators, utility men, drivers, etc., necessary to perform all its responsibilities under the contract. The fees of key experts, support staff and administrative requirements shall be included in the estimated cost.

Eligible Assignments • Eligible Assignments include those that have allowed the

candidate to gain the following experience:

– Detailed design and engineering consultancy; or

– Project management assignments including monitoring, supervision and certification of works; or

– Transport planning and development; or

– Experience of being an Independent Consultant / Engineer either for Lenders or a Government Authority

• in the development of any of the following: a bus terminal, commercial complex, shopping mall, airport terminal, parking complex, freight terminal; provided that a project must have a minimum development cost of at least four hundred million Philippine Pesos (PhP400,000,000), excluding price of land, and a capacity of at least thirty (30) parking bays for land surface transport vehicles with four (4) or more wheels, excluding rail.

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Indicative Timeline

Milestone Indicative Date

Advertisement / Posting of Invitation to Apply for Eligibility and to Bid (IAEB)

21 May 2015

Pre-Eligibility Conference 26 May 2015

Letter of Intent and submission of eligibility documents 29 May 2015

Eligibility Check / shortlisting 05 June 2015

Issuance and availability of bidding documents 05 June 2015

Pre-bid Conference 12 June 2015

Submission and Opening of bids 26 June 2015 Bid Evaluation 03 July 2015 Notification for Negotiation 16 July 2015 Negotiation 20 July 2015 Post-Qualification 27 July 2015 Issuance of Notice of Award 11 August 2015 Contract Signing 18 August 2015 Issuance of Notice to Proceed 24 August 2015

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Practical Issues • DOTC applies the rules of RA 9184 strictly Common reasons for failed bidding

– Technicalities or lacking/missing documentary requirements – Not properly sealed and marked – Non-submission of valid SEC registration, Mayor’s Permit,

Secretary’s Certificate, Board Resolution, audited financial statements, Tax Clearance (or the foregoing’s equivalent document) duly received by the relevant government authority

– Failure to submit compliant Joint Venture Agreement or related documents

– Failure to submit certificate of satisfactory completion for similar contract

– Lacking nominees for key personnel positions – Nominees failure to submit Philippine Regulatory

Commission (PRC) licenses or its equivalent

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Practical Issues • Tight timeline

– As much as possible, extensions may not be entertained

• Possible Conflict of Interests – Persons/Companies engaged by the DOTC, PPP Center

and MWM Terminals, Inc.

– Persons/Companies who were engaged to render services for a bidder under the Southwest ITS Project cannot be nominated as a Key Personnel or support staff

• Familiarity with IC-related obligations in the Concession Agreement – Most especially with period/deadlines

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Q&A PORTION

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Thank you for attending!