The CICC powerpoint presentation by Cebu Governor Gwendolyn Garcia in the Capitol Session Hall on February 26, 2009.

1. COST ANALYSIS CEBU INTERNATIONAL CONVENTION CENTER (CICC)

2. CICC FLOOR PLAN

3. LOWER GROUND FLOOR PLAN (Area=8,058.42 sq. m.)

4. UPPER GROUND FLOOR PLAN (Area=8,968.36 sq. m.)

5. SECOND FLOOR PLAN (Area=5,256.66 sq. m.)

6. TOTAL FLOOR AREA 73.04 5.41 13.50 1 18.28 9.62 1.90 1 450.00 25.00 18.00 1 I. CANOPY 28.00 2.00 14.00 1 25,691.45 TOTAL 289.00 17.00 17.00 1 J. HELIPAD 321.30 23.80 13.50 1 96.00 12.00 8.00 1 H. POWER HOUSE 58.80 10.50 5.60 1 G. MEZZANINE @ PLENARY HALL 19.00 4.75 4.00 1 F. PUMP ROOM 2.56 1.60 1.60 1 E. GUARD HOUSE 2,052.04 D. ROOF DECK 5,256.66 C. SECOND FLOOR 8,968.36 B. UPPER GROUND FLOOR PLAN 8,058.42 A. LOWER GROUND FLOOR PLAN AREA (m ²) WIDTH (m) LENGTH (m) QTY DESCRIPTION

7. TOTAL CICC LAND AREA : 43,185.00 sq. m. CICC FOOTPRINT : 8,968.34 sq. m. 34,216.66 sq. m. CICC OPEN SPACE : (Carpark, Landscaping, Perimeter Fence, etc.)

8. CEBU INTERNATIONAL CONVENTION CENTER (CICC) CONSTRUCTION COST

9. P 573,309,499.99 CONSTRUCTION COST (As of Dec. 2008, As Certified by PAO) ADDITIONAL CLAIMS OF WT CONSTRUCTION UNDER LITIGATION P261,217,866.66

10. P 573,309,499.99 “ WT CONSTRUCTION, INC. vs. PROVINCE OF CEBU ” (Civil Case No. CEB-34012 For: Sum of Money) This is a case for Sum of Money filed by plaintiff WT Construction, Inc. against defendant Province of Cebu for the payment of its alleged extra works, in the total amount of P261,217,866.66 plus interests, damages, litigation expenses and attorney’s fees , in connection with the construction of the Cebu International Convention Center (CICC) owned by defendant Province of Cebu. CONSTRUCTION COST (As of Dec. 2008, As Certified by PAO)

11. P 573,309,499.99 CASE STATUS Still pending before the Regional Trial Court, Branch 6, Cebu City. CONSTRUCTION COST (As of Dec. 2008, As Certified by PAO)

12. P 573,309,499.99 P 261,217,866.66 CONSTRUCTION COST (As of Dec. 2008, As Certified by PAO) WT Claims under litigation (If granted) P 834,527,366.65 TOTAL CONSTRUCTION COST

13. BREAKDOWN OF COST (BUILDING & OPEN SPACE) 834,527,366.65 CICC BUILDING STRUCTURE COST: SITE DEVELOPMENT 779,527,113.65 55,000,253.00 TOTAL CONSTRUCTION COST:

14. COST PER SQ. M. (BUILDING & OPEN SPACE) FLOOR AREA: 25,691.45 sq. m. BUILDING STRUCTURE COST: P779,527,113.65 COST/SQ. M. : P30,341.88 SITE DEVELOPMENT COST: P55,000,253.00 OPEN SPACE AREA: 34,216.66 sq. m. COST/SQ. M. : P1,607.41

15. OVER PRICED?

16. COMPARATIVE ANALYSIS

18. ILOCOS NORTE HOTEL & CONVENTION CENTER (INHCC)

19. PERSPECTIVE PLAN ILOCOS NORTE HOTEL & CONVENTION CENTER (INHCC)

20. ILOCOS NORTE HOTEL & CONVENTION CENTER (INHCC) Accomplishment as of April 23, 2007 (19%)

21. ILOCOS NORTE HOTEL & CONVENTION CENTER (INHCC) Accomplishment as of April 23, 2007 (19%)

22. ILOCOS NORTE HOTEL & CONVENTION CENTER (INHCC) Accomplishment as of April 23, 2007 (19%)

23. ILOCOS NORTE HOTEL & CONVENTION CENTER (INHCC) Accomplishment as of April 23, 2007 (19%)

24. Total Land Area = 4.1 has Source of Fund: DBP Loan (P 475 M) 6,512,564.83 Kiosk 581,371.73 Multi-Purpose Area 5,640,553.41 Chapel 33,390,888.46 Dormitories 2,322,102.36 Entrance Pavilion 59,011,386.61 Convention Center (flr. area = 2,095 sq. m.) 223,955,301.82 Hotel Building 453,750.00 Demolition of Existing Structures 65,830,994.38 Site Development Works 409,998,880.00 TOTAL 12,299,966.40 Pre-Planning & Engineering Design

25. 97% COMPLETED PRESENT STATUS OF ILOCOS NORTE CONVENTION CENTER FEB. 26, 2009 P 410,000,000.00 STRUCTURES 65,000,000.00 EQUIPMENT P 475,000,000.00 TOTAL

29. INHCC CICC ITEMS Spread footing w/ tie beam Concrete Piles w/ tie beam Foundation Conventional reinforced concrete Structural steel Building Structure 0 4 Elevator 0 2 Escalator 0 1 Helipad 0 2,000 kva Backup Generator Set 1 1 Centralized Air-conditioned 1 1 Fire Alarm System 1 1 Closed Circuit Television (CCTV) System 1 1 Public Address/ Background Music COMPARISON OF STRUCTURES & FACILITIES

30. INHCC CICC ITEMS 4.1 has 4.3 has Total Land Area 1 3 No. of Storeys 71,311,353.01 779,527,113.65 Total Cost 2,095 sq.m. 25,691.45 sq.m. Total Floor Area 34,038.83 30,341.88 Cost per sq.m. 2 yrs. 12/’06 – 12/’08 8 mos. 05/’06 – 12/’06 Completion Period COMPARATIVE COST PER SQ. M. SITE DEVELOPMENT 65,830,994.38 55,000,253.00 Total Cost 29,158 sq. m. 34,216.66 sq. m. Total Area 2,257.73 1,607.41 Cost per sq.m. BUILDING STRUCTURE

31. BASED ON CONSTRUCTION COST HANDBOOK PHILIPPINES 2006

32. CICC COST PER SQ. M. P 30,341.88

33. Construction Cost Handbook Philippines 2006 by “Davis Langdon & Seah” 27,400 - 31,550 29,600 - 36,300 17,400 - 22,400 7,400 – 9,550 8,600 – 13,300 6,400 – 10,400 20,000 – 22,000 21,000 – 23,000 11,000 – 12,000 OFFICE/COMMERCIALS Average standard office, high rise Prestige office, high rise Shopping Centers 11,900 – 15,100 3,100 – 4,900 8,800 – 10,200 OTHERS Carparks, above ground 26,850 - 30,600 33,850 - 39,900 17,100 - 20,970 33,200 - 42,150 4,550 – 7,100 7,450 – 11,700 2,100 – 2,970 6,200 – 9,950 22,300 – 23,500 26,400 – 28,200 15,000 – 18,000 27,000 – 32,200 DOMESTIC Average standard apartments, high rise Luxury apartments, high rise Town houses Individuals prestige houses TOTAL SERVICES BUILDING DESCRIPTION PESO/m²

34. 700 - 1,000 1,000 - 1,550 550 - 1,000 1,600 - 2,200 1,900 - 2,900 700 - 1,700 500 - 700 500 - 700 450 - 650 2,100 - 2,650 2,400 - 3,250 2,100 - 3,200 2,500 - 3,000 2,800 - 4,900 2,600 - 3,800 7,400 - 9,550 8,600 - 13,300 6,400 - 10,400 OFFICE/COMMERCIALS Average standard office, high rise Prestige office, high rise Shopping Centers 500 - 900 1,100 – 1,700 400 - 650 - 1,100 – 1,650 3,100 – 4,900 OTHERS Carparks, above ground 1,000 - 1,750 1,300 - 2,400 700 - 1,200 2,400 - 3,700 600 - 1,500 800 - 1,500 - - 450 - 750 450 - 750 - - - 1,900 - 2,950 - 2,100 - 2,750 2,500 - 3,100 3,000 - 4,100 ,400 - 1,770 1,700 - 3,500 4,550 - 7,100 7,450 - 11,700 2,100 - 2,970 6,200 - 9,950 DOMESTIC Average standard apartments, high rise Luxury apartments, high rise Town houses Individuals prestige houses PLUMBING SERVICES LIFTS / ESCALATOR FIRE SERVICES MECHANICAL SERVICES ELECTRICAL SERVICES TOTAL SERVICES DESCRIPTION PESO/M² Construction Cost Handbook Philippines 2006 by “Davis Langdon & Seah”

35. Using the Construction Cost Handbook Philippines 2006 by “Davis Langdon & Seah” * On carparks, only electrical services where considered @ 9,900 – 11,850 338,738,400-405,459,600 @ * 1,100 – 1,650 37,637,600 – 56,456,400 @ 8,800 – 10,200 301,100,800 – 349,003,200 Carparks ground level Area = 34,216 1,042,651,800 – 1,216,010,650 227,751,000 – 301,805,450 814,900,800 – 914,205,200 OVERALL TOTAL @ 27,400 – 31,550 703,913,400 – 810,551,050 @ 7,400 – 9,550 190,113,400 – 245,349,050 @ 20,000 – 22,000 513,800,000 – 565,202,000 Cebu International Convention Center (CICC) Floor Area = 25,691 PESO/m² TOTAL COST SERVICES BUILDING DESCRIPTION

36. Based on the Certification of Peter Hackman, Director of Davis Langdon & Seah Philippines, Inc. The prevailing unit rates for the following construction projects: Total Floor Area of CICC Cost per sq.m. 25,691 sq.m. Php 26,900.00 to Php 33,150.00 Total Cost of CICC Php 691,087,900.00 to Php 851,656,650.00 Note: Excluding Carpark

37. CICC CONSTRUCTION COST COST CICC CONSTRUCTION COST BASED ON CONSTRUCTION COST HANDBOOK PHILIPPINES 2006 P 1,042,651,800 – P 1,216,010,650 Based on the Certification of Peter Hackman P 834,527,366.65 Php 691,087,900 - Php 851,656,650 Excluding Carpark

38. PROPERLY BIDDED?

39. PUBLICATION OF INVITATION TO BID

40. PUBLICATION OF INVITATION TO BID

41. BIDDING RESULT DATED FEB. 13, 2006 LOWEST BIDDER

42. WHY REVISE THE CICC FOUNDATION?

44. The following are justifications and comparative analysis of the change in foundation design from the original mat foundation design of the Megadome to the new Cebu International Convention Center (CICC); to wit:

45. SUBSTRUCTURE COMPARATIVE ANALYSIS MEGADOME DESIGN CICC DESIGN Mat (Ring) Foundation at 6 meter in depth 1. Pile Foundation 1. Requires large deep excavation; massive soil disposal; environmentally harmful, expensive; equipment extensive 3. Not costly; simpler construction; low risk; shorter construction time 3. Requires massive dewatering; massive water disposal thus environmentally harmful and expensive 2. No dewatering, no deep excavation, no slope protection, no disposal of soil and water 2. Requires large excavation slop protection, very expensive; risky; takes very long time 4. Environmentally friendly; no damage to adjacent utilities, roads, structures 4. Likelihood of damage to adjacent lots/utilities/road if slope protection fails or ineffective, or due to dewatering process 5. More noise due to piling works 5. Less noise 6. In summary, lesser cost, faster and simpler construction, environment friendly 6. In summary, very expensive, more complicated, takes longer construction duration; environmentally harmful 7.

46. ALLOCATION = P100,000,000.00 ORIGINAL DESIGN CONTRACT = P 84,487,185.65 (MATTING FOUNDATION) REVISED DESIGN = P 59,611,997.92 (CONCRETE PILES) SAVINGS = P 24,875,187.73

47. AMENDED SCOPE OF WORKS

48. CONTIGUOUS CONTRACT - SCOPE OF WORKS

49. Republic of the Philippines Congress of the Philippines Metro Manila Twelfth Congress Second Regular Session Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand two. Republic Act No. 9184 January 10, 2003 AN ACT PROVIDING FOR THE MODERNIZATION, STANDARIZATION AND REGULATION OF THE PROCUREMENT ACTIVITIES OF THE GOVERNMENT AND FOR OTHER PURPOSES

50. ARTICLE XVI ALTERNATIVE METHODS OF PROCUREMENT Section 48. Alternative Methods. - Subject to the prior approval of the Head of the Procuring Entity or his duly authorized representative, and whenever justified by the conditions provided in this Act, the Procuring Entity may, in order to promote economy and efficiency, resort to any of the following alternative methods of Procurement: a. Limited Source Bidding, otherwise known as Selective Bidding - a method of Procurement that involves direct invitation to bid by the Procuring Entity from a set of pre-selected suppliers or consultants with known experience and proven capability relative to the requirements of a particular contract; e. Negotiated Procurement - a method of Procurement that may be resorted under the extraordinary circumstances provided for in Section 53 of this Act and other instances that shall be specified in the IRR, whereby the Procuring Entity directly negotiates a contract with a technically, legally and financially capable supplier, contractor or consultant. In all instances, the Procuring Entity shall ensure that the most advantageous price for the government is obtained.

52. Section 53. Negotiated Procurement. - Negotiated Procurement shall be allowed only in the following instances: a. In case of two (2) failed bidding as provided in Section 35 hereof; b. In case of imminent danger to life or property during a state of calamity, or when time is of the essence arising from natural or man-made calamities or other causes where immediate action is necessary to prevent damage to or loss of life or property, or to restore vital public services, infrastructure facilities and other public utilities; c. Take-over of contracts, which have been rescinded or terminated for causes provided for in the contract and existing laws, where immediate action is necessary to prevent damage to or loss of life or property, or to restore vital public services, infrastructure facilities and other public utilities;

53. Section 53. Negotiated Procurement. - Negotiated Procurement shall be allowed only in the following instances: d. Where the subject contract is adjacent or contiguous to an on-going infrastructure project, as defined in the IRR: Provided, however, That the original contract is the result of a Competitive Bidding; the subject contract to be negotiated has similar or related scopes of work; it is within the contracting capacity of the contractor; the contractor uses the same prices or lower unit prices as in the original contract less mobilization cost; the amount involved does not exceed the amount of the ongoing project ; and, the contractor has no negative slippage: Provided, further, That negotiations for the procurement are commenced before the expiry of the original contract. Wherever applicable, the principle shall also govern consultancy contract, where the consultants have unique experience and expertise to deliver the required service; or, e. Subject to the guidelines specified in the IRR, purchases of Goods from another agency of the government, such as the Procurement Service of the DBM, which is tasked with a centralized procurement of commonly used Goods for the government in accordance with Letters of Instruction No. 755 and Executive Order No. 359, series of 1989.

54. WAS THERE A SPLITTING OF CONTRACTS?

55. While Art. 54.1 of the IRR of RA 9184, on splitting of contracts, provides as follows: “ Splitting of Government Contracts is not allowed. Splitting of Government Contracts means the division or breaking up of Government Contracts into smaller quantities and amounts, or dividing contract implementation into artificial phases or sub-contracts for the purpose of evading or circumventing the requirements of law and this IRR-A, especially the necessity of public bidding and the requirements for the alternative methods of procurement.”

56. In the First Place, there is no division or breaking up of Government Contracts into smaller quantities and amounts or dividing contract implementation into artificial phases or sub-contracts . As earlier shown, as far as the CICC is concerned, there is no single contract covering its procurement or implementation. Since there is no single contract, there could not be any splitting of said single contract. There is also no division of contract implementation into artificial phases or sub-contracts because individual contracts were entered into with the concerned suppliers or contractors, which contracts are not artificial or sub-contracts.

57. In the Second Place, there is no evading or circumventing of the requirements of law, especially the necessity of public bidding and the requirements for the alternative methods of procurement. It is of note that, as earlier shown, bidding, although limited ones, were conducted by the Province of Cebu in the procurement of said items / works. Besides, the requirements, as provided under Section 48 (a), in relation to Section 49 of Republic Act (RA) No. 9184 and its Implementing Rules and Regulations (IRR), for Limited Source Bidding, as an alternative method of procurement, have been duly complied with, as shown in the report in this regard.

58. SAMPLE COMPUTATION: SPECIALTY CONTRACTOR/SUPPLIER (KPI ELEVATOR, INC) TOTAL COST = P 7,270,140.00 Breakdown: Basic Equipment = P 5,310,140.00 Installation & Locally supplied Materials = P 1,960,000.00 (12% VAT Inclusive) ---------------------- P 7,270,140.00 MAIN CONTRACTOR (ALL-IN) COST FROM SPECIALTY CONTRACTOR = P 7,270,140.00 Plus: Indirect Cost, 30% (OCM, VAT/Tax, Profit) = P 2,181,042.00 ------------------------ P 9,451,182.00 IN EFFECT DIFFERENCE = P 2,181,042.00

59. COA OBSERVATION REPORT

61. Report on the Installation of CCTV

65. Saavedra's Charge

67. Said charge, however, has no basis in fact and in law. Sections 47 and 65 par. 5 of R.A. 9184 (Government Procurement and Reform Act) prohibit only the participation and award of government contracts to a relative of the Governor within the 3 rd civil degree. Karen Fiel Tio, however, is not a relative of the Governor within the said prohibited degree, as provided under Art. 966 of the Civil Code of the Philippines.

68. Gov. Gwen F. Garcia Judge Esperanza Fiel Garcia married to Gov. Pablo P. Garcia Antero Fiel married to Veronica S. Fiel Dr. Eutiquiano Fiel Consuelo T. Fiel Karen Fiel Tio 1st Civil Degree 3rd Civil Degree 2nd Civil Degree 4th Civil Degree “ Art. 966. xxx xxx xxx. Thus, a person is two degrees removed from his brother, three from his uncle, who is the brother of his father, four from his first cousin, and so forth.” ( Underscoring and emphasis supplied )

69. INCOME ON CICC 2007 & 2008

70. Payment - 12TH Asean Summit = P12,000,000.00

71. 12,048,097.97 TOTAL INCOME CICC YEAR 2008 12TH ASEAN SUMMIT PAYMENT 12,000,000.00 13,598,821.40 YEAR 2007 TOTAL 37,638,919.37

73. SOME OF THE MAJOR EVENTS HELD IN CICC 1. 12th ASEAN SUMMIT 4. Women's Congress 5. PMPMI Sales Conference 6. Rotary International District Convention 7. PAMET Annual Convention 9. Auto / Food / Construction Show by Worldbex 10. Go Negosyo 8. Business World Forum 2. Farmers - Scientist Congress 3. CBM - ICT Summit & Exhibit

74. SOME OF THE MAJOR EVENTS HELD IN CICC 11. UP Centenial Celebration 12. PCL National Assembly 13. Trade Fair / Bazaar (Cebu Prov. & Mandaue Chamber) 14. Avon Conference 15. PNA Convention 17. National Federation of Hog Farmers Convention 19. Pasigarbo sa Sugbo 20. Miss Mandaue 2008 18. Vice Mayor's League 16. Philippine Institute of Chemical Engineer's Convention

75. ENGR. PELAYRE REPORT

76. PRESENT STATUS OF CEBU PROVINCE BASED ON COA FINANCIAL STATEMENT OF 80 PROVINCES AND 135 CITIES FOR FISCAL YEAR 2007

77. CEBU PROVINCE is NO. 1 TOTAL ASSETS Php 16,108,421,000.00 TOTAL EQUITY Php 15,549,543,000.00 CASH IN BANK Php 1,006,260,000.00

82. PRESENT STATUS OF CEBU PROVINCE OFFICE OF THE PROVINCIAL TREASURER CASH IN BANK DAILY CASH REPORT AS OF DEC. 31, 2008 P 76,370,166.29 SPECIAL SAVINGS DEPOSIT 987,291,098.29 TOTAL 1,063,661,264.58 TOTAL INCOME (AS OF DEC. 2008) 1,461,523,328.50

83. THANK YOU