TERMS OF REFERENCE

SERVICE CONTRACT FOR THE RIGHT OF WAY ACQUISITION OF

CALACA DASMARIAS 230/500 KV TRANSMISSION LINE PROJECT

1. INTRODUCTION

2. SP ELIGIBILITY REQUIREMENTS

The SP must have the technical capability and experience in the execution of right of way
acquisition activities for transmission line project or any projects involving acquisition of lands.
The SP to submit the following documents for verification, evaluation and/or approval as part of
technical proposal:

a. Project Organizational Structure and Company Profile

b. Proposed Implementation Schedule to include detailed activities covered by the Scope
of Works
c. Manpower Loading Schedule
d. Vehicle Requirements
e. List of Office Equipment and other logistical requirements

The SP shall deploy the following personnel to form at least three (3) ROW teams
composed of the following:

a. ROW Team Leader/Supervisor

b. ROW Negotiators
c. Document Processors

3. SCOPE OF WORKS

The estimated number of project-affected persons (PAPs) to be negotiated by SP is about

750 which may further change subject to verification. Negotiation will be done in order of priority
as determined by the construction schedule. First priority are PAPs within the tower sites for
civil works purposes and 2nd priority are PAPs within the spans for purposes of line stringing
and clearing works.

The detailed activities of the SP are as follows:

a. Conduct identification/verification of PAPs based on the preliminary list and submit the
verified list of PAPs to NGCP for approval.

b. Negotiation with the landowners/claimants listed in the approved Master List of PAPs for
the acquisition of land and land rights.

c. Counting of improvements (crops/plants/trees) and cost estimates of houses and

structures affected by the project.

d. Submission to NGCP of the following:

CPT Inventory Form (CIF) and Report on the Count of Improvements (RCI), and
cost estimates of houses/structures based on NGCP-approved valuations for
inspection and issuance of ROW Audit Certificate (RAC).

All transaction documents to NGCP based on ROW claims duly signed by the
PAPs, i.e. RCI, ROW Grant, Permit to Enter (PTE), Cost Estimate of
Houses/Structures, Deed of Absolute Sale (DOAS), etc. including all the
documentary requirements as specified in the NGCP Disbursement Control
Manual (DCM) for the processing of ROW claims.

Written report to NGCP for any demand or claim that deviates from NGCP
policies on ROW acquisition.

All relevant documents necessary for the filing of the expropriation case for
unsuccessful/failed negotiations.

Accomplishment report on a weekly basis based on established format.

 e. Accompany NGCP or its contractor during entry to the site during the construction
activities, if necessary.

f. Registration/annotation of land and land rights with the concerned government

agencies.

4. CONTRACT SCHEDULE/DURATION

The ROW acquisition activities is 450 calendar days for 2 phases: phase1- 360 CD delivery
of site workability and phase 2 registration/annotation of ROW Grants and DOAS, in
parallel to securing of site workability until the end 450 calendar days.

The SP shall commence the work from the date of receipt of Notice of Award of the contract
or the effectivity of the contract based on the agreed schedule. Specific milestones by the SP
are as follows:

a. 80% workable tower site (WTS) and 60% workable in-between (WIB) on or before the
end of the tenth (10th) month from the effectivity of the contract and the 100% WTS/WIB
on or before the end of twelfth (12th) month.

b. Submission to NGCP of the following:

All the necessary documents for the processing of ROW claims on progressive basis
until all the negotiated PAPs are paid.

Complete documents for the preparation of complaints for land recommended for
filing of expropriation cases on or before the end of the eight (8th) month from the
effectivity of the contract.

Registered/Annotated land and land rights documents on or before the expiry date of
the contract.

5. WORK OUTPUTS/DELIVERABLES

a. Submission of Site Workability/Payment Documents (for successful

negotiation with landowner/claimant)

Duly Acknowledged Letter Offer (with 50% payment claims to landowner upon
signing of DOAS/ROW Grant/Affidavit of ROW)
Signed Permit to Enter
Signed DOAS/Notarized ROW Grant/Affidavit of ROW
Signed RCI
Affidavit of Site Workability

b. Submission of Documents for Payment of ROW Claims

b.1 Remaining 50% or 100% Land Acquisition or Easement Fee & Tower/Pole
Occupancy Fee Claim and CPT (for landowner)

Registered DOAS/ROW Grant/Affidavit of ROW

Signed RCI
All other documentary requirements for payment of land acquisition, EF/TOF
and CPT claims

b.2 Crops/Plants/Trees Claim (for tenant/tiller/planter)

Signed Permit to Enter

Signed RCI
Affidavit of Site Workability
All other documentary requirements for payment of CPT claim

b.3 Relocation Compensation Claim

Signed Permit to Enter

 Signed Cost Estimate of House/Structure
Affidavit of Site Workability
All other documentary requirements for payment of relocation compensation
claim

c. Submission of Documents for Filing of Expropriation Case (for unsuccessful

negotiation with landowner/claimant)

Report on failed negotiations and ROW Acquisition Activities Diary (RAD)

Complete name and address of landowners/claimants
Copy of Land Ownerships, i.e. OCT/TCT, TD
Approved Sketch Plan and Narrative Technical Description (NTD)
Cost Estimate of House/Structure or RCI, as applicable
Letter Offer duly received by owner or sent registered mail (proof of mailing)
Other documents i.e. EJP, SPA, Family Tree if there are several heirs, etc.

6. SERVICES AND DOCUMENTS TO BE PROVIDED BY NGCP

a. NGCP shall provide the SP with the following documents:

Masterlist of PAPs confirmed by Project Division to include, among others, the

landowners, tenants/tillers and house/structure owners and occupants.

Validated parcellary survey data that includes certified true copies of TCT and
TD, ROW Index Map and approved Sketch Plan and NTD.

Approved Authority to Purchase Lands and Land Rights based on Proffered

Valuations, Unified Crops/Plants/Trees Valuation, Approved Disturbance
Compensation to Relocatees, and Abstract of Canvass of Prices of Construction
Materials.

ROW Forms as per NGCP ROW Manual and checklist of documentary

requirements per DCM.

b. Conduct orientation/seminar of the SPs personnel on NGCPs ROW acquisition

process and policies before the start of their activities.

c. Review, evaluate and approve RCI, cost estimates of houses and structures and
all the transaction documents i.e. ROW Grant, DOAS and documents for
expropriation cases submitted by Service Provider.

d. Monitor and evaluate the progress and accomplishment of ROW acquisition

activities and issue a certificate of accomplishment/acceptance for a timely
processing of their billings.

7. SCHEDULE OF SERVICE FEE AND ADVANCE PAYMENT

8. PENALTY CLAUSE

In case the Service Provider was not able to deliver the workability of 80% tower site and
60% in between PAPs after ten (10) months from the effectivity of the contract, NGCP has the
option to deduct the number of PAPs to be negotiated by the former and give them to other able
SP in order to meet the target deadline. Likewise, the SF for all the services will be reduced by
50% as enumerated in the table in Item 7 if the activities are delivered beyond the contract
period.

9. TERMINATION OF THE SERVICE

NGCP shall have the right to terminate the services by giving the Service Provider a 15-day
written notice if any of the following condition occurred:
 a. Due to the Service Providers fault and while the project is on-going, it has incurred
negative slippage of fifteen percent (15%) of site workability at any time within the
duration of the contract;

b. After due notice, the Service Provider refuses or fails to comply with NGCPs valid
instruction or fails to proceed expeditiously and without delay; or does not execute the
Works in accordance with this contract or persistently or flagrantly neglects to carry out
its obligations under this contract.

c. If the Service Provider failed to deliver the required output within the contract duration,
the standard provision of the Purchase Order on the liquidated damage shall apply.
However, if the delay in the activity of Service Provider is due to NGCPs fault, the
former is entitled to contract time extension.

d. Any other circumstances analogous to the foregoing or when NGCP deem it proper to
terminate the contract.

10. VARIATION ORDERS

The total number of PAPs to be provided by NGCP is subject to verification by the SP. In
case changes in the number of PAPs after the SPs verification or due to NGCPs decision, the
SP is entitled to a corresponding adjustment on the number of PAPs to be paid.