ATI Manila South Harbour Expansion

Project – Yard Stacks CY02

Contract No: DPW/PHP/MNSP9/2018/CY02

Tender Document
Volume 0: Conditions of Tendering
Asian Terminals Inc. Manila

www.dpworld.com Nov 2021

ATI Manila South Harbour Expansion Project
Yard Stacks CY02

TABLE OF CONTENTS
1 PROJECT DEFINITION ...................................................................................................................................... 4
1.1 TYPE OF CONTRACT .............................................................................................................................................4
1.2 DESCRIPTION OF THE SITE .....................................................................................................................................4
1.3 DESCRIPTION OF THE PROJECT ...............................................................................................................................4
1.4 ACCESS TO THE SITE ............................................................................................................................................5
1.5 DETAILS OF THE WORKS AND CONDITIONS...............................................................................................................5
1.6 ASSOCIATED CONTRACTS......................................................................................................................................5
1.7 INSURANCES ......................................................................................................................................................5
1.8 TENTATIVE IMPLEMENTATION SCHEDULE .................................................................................................................6
2 CONDITIONS OF TENDERING .......................................................................................................................... 7
2.1 THE TENDER DOCUMENTS ....................................................................................................................................7
2.2 THE TENDER DOCUMENT WILL BE UPLOADED TO THE EMPLOYER’S ‘BUY WORLD’ ESOURCING PORTAL. INTERPRETATION .......8
2.3 INFORMATION PROVIDED BY THE EMPLOYER ............................................................................................................8
2.4 TENDERER TO INFORM HIMSELF FULLY....................................................................................................................8
2.5 DISCREPANCIES, ERRORS AND OMISSIONS IN TENDER DOCUMENTS ..............................................................................9
2.6 CLARIFICATION OF TENDER DOCUMENTS .................................................................................................................9
2.7 ADDENDA..........................................................................................................................................................9
2.8 BRIEFING AND SITE INSPECTION .............................................................................................................................9
2.9 ADDITIONAL QUERIES ........................................................................................................................................10
2.10 COMPLETION OF TENDER DOCUMENTS .................................................................................................................10
2.11 TENDER SUBMITTED BY A JOINT VENTURE OR CONSORTIUM......................................................................................10
2.12 TENDER SUBMITTED BY A SUBSIDIARY COMPANY ....................................................................................................11
2.13 VALIDITY OF THE TENDERS ..................................................................................................................................11
2.14 TENDER SECURITY .............................................................................................................................................11
2.15 DOCUMENTS TO BE SUBMITTED ...........................................................................................................................11
2.16 PROCEDURE FOR SUBMISSION OF TENDERS ............................................................................................................12
2.17 CURRENCIES OF TENDER.....................................................................................................................................12
2.18 SCHEDULE OF PRICES .........................................................................................................................................12
2.19 RATES AND PRICES ............................................................................................................................................12
2.20 DAYWORKS......................................................................................................................................................12
2.21 DEPARTURES FROM THE EMPLOYER’S REQUIREMENTS .............................................................................................12
TENDERERS ARE REQUIRED TO SUBMIT A TENDER THAT FULLY COMPLIES WITH THE EMPLOYER’S REQUIREMENTS. DEPARTURES WILL NOT
BE ACCEPTED................................................................................................................................................................ 12
2.22 OPENING OF TENDERS .......................................................................................................................................12
2.23 CLARIFICATION OF TENDERS ................................................................................................................................13
2.24 EVALUATION AND COMPARISON OF TENDER’S ........................................................................................................13
2.25 NOTIFICATION OF AWARD ..................................................................................................................................13
2.26 PERFORMANCE SECURITY AND ADVANCED PAYMENT SECURITY .................................................................................13
2.27 SIGNATURE OF CONTRACT ..................................................................................................................................14
2.28 COST OF TENDER PREPARATION AND SUBMISSION ..................................................................................................14
2.29 RIGHT TO ACCEPT OR REJECT ANY OR ALL TENDERS.................................................................................................14
2.30 INTERFERENCE IN EVALUATION ............................................................................................................................14
2.31 LOCAL ADDRESS ...............................................................................................................................................14
3 TENDER ........................................................................................................................................................ 15
3.1 LETTER OF TENDER ............................................................................................................................................15

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3.2 TENDER SCHEDULE TS - 1: TENDERER’S UNDERSTANDING OF THE PROJECT ISSUES ........................................................17

3.3 TENDER SCHEDULE TS – 2: TENDERER’S MANAGEMENT SYSTEMS AND PROJECT ORGANISATION .....................................18
3.4 TENDER SCHEDULE TS – 3: DESIGN ACTIVITIES........................................................................................................21
3.5 TENDER SCHEDULE TS – 4: CONSTRUCTION ACTIVITIES ............................................................................................22
3.6 TENDER SCHEDULE TS - 5: DETAILED PROPOSED PROGRAM FOR CONSTRUCTION..........................................................25
3.7 TENDER SCHEDULE TS - 6: PRICE INFORMATION .....................................................................................................26
4 NOT USED .................................................................................................................................................... 27
5 NOT USED .................................................................................................................................................... 28

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1 Project Definition
1.1 Type of Contract
The Conditions of Contract Part I – General Conditions – shall be the Asian Terminals Incporated Purchase
Order Terms & Conditions. These General Conditions are subject to variations and additions set out in Part
II of the Conditions of Contract entitled “Particular Conditions”.

1.2 Description of the Site

Asian Terminals Inc. is located at South Harbour, Manila. The proposed yard stacks in CY02 are located
adjacent to Pier 13 and ATIs existing terminal.
Ground investigation is planned for Dec 2021 and results will be released during the tender phase within
Volume 5.

1.3 Description of the Project

Asian Terminals Inc. has a requirement to increase container stacking capacity. In 2019 ATI converted
existing terminal area into 5 stacks with reference numbers CWA to CWE. The new CY02 yard stacks,
reference CWF to CWH, are planned as continuation of these stacks. To facilitate these works ATI will
arrange demolition of the PNR building which is currently located to the South West corner of the proposed
development and to relocate the Meralco cables which is to the seaside of the stacks. Below is the general
plan for CY02 stacks:
- CWA to CWE constructed in 2019.
- CWF to CWH to be constructed as part of this tender.

CWH CWG CWF CWE CWD CWC CWB CWA

Laydown Area
Contractors
1,500m2

Boston Road

IN-Gate Access

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1.4 Access to the Site

Access to the site will be within the PPA port limits via 25th Street then Boston but outside of the ATI
terminal gates. The Contractor shall establish secure fence for the complete perimeter for the site to prevent
access between the construction site and the ATI terminal operations and for public access.
Potential Contractors laydown area is shown in section 1.3.
1.5 Details of the Works and Conditions
Details of the Works are given Volume 2 Specifications and Volume 3 Drawings.
The Conditions of Contract are given in Volume 1 Commercial.

1.6 Associated Contracts

The Employer will have other contractors and suppliers working in and around the Project of which are
summarised but not limited to the following:
- CXB & CXC stack works at EIB area. Works expected to finish Apr 2022;
- Pier 3 extension works. Works ongoing and expected to finish 2024;
- Pier rehabilitation works;
- Various existing yard re-developments and maintenance works.
1.7 Insurances
All relevant Insurances shall be arranged by the Contractor, as specified in TS-2 Item 3.3.10 of Conditions
of Tendering.

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1.8 Tentative Implementation Schedule

The proposed implementation schedule of the overall Project is presented below. The overall programme
takes into consideration the period of pre-construction including tendering.

Cumulative Days
Activity Date/Time from Tender
Commencement
Tender issue 23 Dec 2021 1
Vol5 - Release ground investigation data 10 Jan 2022 19
Vol5 - Release lab results 30 Jan 2022 39
Tender submission 20 Feb 2022 60
ATI Issuance of PO 27 Feb 2022 67
Commencement Date 27 Feb 2022 67
Completion Date - SCA1 Re-works to existing terminal area 26 Aug 2022 247
Completion Date - SCA2 New pavement area 24 Dec 2022 367

This schedule may be amended by the Employer at his discretion and the Tenderer shall be informed of
such amendments as addenda in accordance with section 2.7 of the Conditions of Tendering.

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2 Conditions of Tendering
2.1 The Tender Documents
These tender documents, (the “Tender Documents”) issued by the Employer consist of:

Vol 0 Conditions of Tendering

1. Project Definition
Schedules to Letter of Tender. Information to be completed by Tenderer

Tender Schedule TS - 1 Tenderer’s Understanding of the Project issues

• acceptance of minimization of risk to the Employer

• understanding of the problems expected in delivery
• contingency planning for expected problems
• consideration of access requirements / limitations
• construction sequencing
• minimizing interference to ATI operations
Tender Schedule TS - 2 The Tenderer’s management systems and project organization which
shall identify and address

• any joint venture or consortium partners

• any parent company
• contract management and organization
• curricula vitae of proposed management staff
• quality assurance systems
• occupational health, safety and rehabilitation
• environmental and management plan
• waterway and road traffic management
• permits and consents
• details of insurances
Tender Schedule TS - 3 Design activities for parts of the Works to be designed by the Contractor.

Tender Schedule TS - 4 Construction activities which shall address

• construction management and organization

• details of Major Subcontractors and suppliers
• details of site supervisory staff and labor
• Curricula Vitae of Proposed Construction Staff
• proposed Contractor’s Equipment
• proposed construction working hours
• Details of Existing Utilities and Other Obstructions
• proposed Contractor’s working areas
• detailed proposed construction method statement
Tender Schedule TS - 5 Detailed proposed program for construction

Tender Schedule TS - 6 Price information which shall address

• Schedule of Prices
• Estimated Monthly Cash Flow
2. Not Used
3. Not Used

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Volume 1 Commercial
1. Asian Terminals Inc Purchase Order Terms & Conditions
2. Sample Bank Guarantee
3. Construction All Risks Insurance arranged by the Employer

Volume 2
Specifications

Volume 3
Drawings

Volume 4
Schedule of Prices

Volume 5
Information Provided by the Employer

No explanation or amendment to the Tender Documents shall be recognised unless in the form of a written
addendum as described in Sub-Clause 2.7 issued by the Employer.

2.2 The Tender Document will be uploaded to the Employer’s ‘Buy World’ eSourcing
Portal. Interpretation
Unless otherwise stated, words and expressions in these Conditions of Tendering and throughout the
Tender Documents shall have the same meaning given to them as in the Conditions of Contract in section
1 of Volume 1 Commercial of the Tender Documents.

2.3 Information Provided by the Employer

The information made available by the Employer in Volume 5 - Information provided by the Employer, and
any additional geotechnical, survey or other information provided with these Tender Documents is made
available for the information of the Tenderer and is not intended to form part of the Contract except as
specifically referred to in the Tender Documents.

The Employer does not warrant, guarantee or make any representation about the accuracy or adequacy of
such information or data which does not in any way purport to accurately represent complete survey, sub-
surface, environmental or other conditions likely to be encountered during the performance of the Works.

The Tenderer shall be fully responsible for the verification of the information made available to him and for
any interpretation or conclusion made by himself in regard to site conditions based on it and he
acknowledges that information or data provided by the Employer shall not form part of any Contract and
that the Employer will not be liable upon any claim by the Tenderer arising out of or in connection with the
information or data.

2.4 Tenderer to Inform Himself Fully

Tenderer shall:

• Obtain and acquaint himself with all conditions and all other information relevant to a Tender
conforming to the Tender Documents.

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• Examine the Tender Documents, the Site and its surroundings, and any other information made
available to the Tenderer in writing by the Employer or the Engineer for the purpose of tendering.
• Examine all information relevant to the risks, contingencies, and other circumstances having an
effect on his Tender and which is obtainable by the making of reasonable enquiries.
• Satisfy himself to the correctness and sufficiency of his Tender and that his price covers the cost
to comply with all obligations of the Tender Documents and all matters and things necessary for
the due and proper performance and completion of the Works described in the Tender Documents.

2.5 Discrepancies, Errors and Omissions in Tender Documents

Should a Tenderer find any discrepancy, error or omission in the Tender Documents, it shall notify the
Employer in writing using the secure messaging service of the ‘Buy World’ eSourcing Portal.

2.6 Clarification of Tender Documents

If a Tenderer is in doubt to the true meaning of any part of the Tender Documents, it shall seek clarification
from the Employer in writing using the secure messaging service of the ‘Buy World’ eSourcing Portal.

2.7 Addenda
The Employer, at its discretion or arising out of a notification made, or a clarification requested, or other
query by a prospective Contractor, may issue an addition or amendment to any aspect of the Tender
Documents. Such addition or amendment will be in the form of an addendum to the Tender Documents
which will modify the Tender Documents and will form part of the Tender Documents.

In the case of a clarification resulting from an enquiry from a Tenderer the clarification will identify the
enquiry as well as respond to it. The identity of the Tenderer initiating the enquiry will not be made known.

Copies of each addendum will be distributed to every Tenderer who has accepted the Tender through the
‘Buy World’ eSourcing Portal..

All Addenda in response to enquiries received from Tenderer’s at the latest 7 days before the date for
submission of Tender will be issued at the latest 5 days before the date for submission of Tender.

2.8 Briefing and Site Inspection

For the convenience of tenderers, the Employer can arrange for site inspection at a time requested by the
Tenderer. We advise Tenderer’s to contact the Site Project Manager to arrange individual site meetings.
Contact person:
Mr. David Gruar
Site Project Manager, ATI Manila
Tel: +63 999 226 1804 (Cell phone number of Mr. Chester Torres)
Email: [email protected]

Formal confirmation of matters raised and answered during the briefing and conducted site inspection will
be prepared and issued as an addendum to the Tender Documents.

The Employer and the Engineer would be pleased to meet individually with tenderers and their advisors in
the Employer’s offices during the days immediately following the formal briefing and site inspection. Any
such meetings will be treated as informal and commercial in confidence. No formal notes will be recorded
and any advice given or received by the Tenderer will have no status. If the Tenderer wishes a query and

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response to be formalised such query shall be raised at the formal briefing and site inspection and a formal
response will be given at that time.

Tenderers who wish to meet individually with the Employer and the Engineer should write at the earliest
opportunity to the Employers Site Project Manager using contact details above.

To gain access to the Site for further visits to inspect the Site, or for the carrying out of any trials or for
obtaining any samples from the Site, permission shall be sought by contacting the Site Project Manager.

It is a condition that any persons, firms or companies visiting the Site at any time will be responsible for,
and will release and indemnify the Employer and the Engineer and their servants and agents from and
against, all liabilities in respect of personal injury (whether fatal or otherwise), loss of or damage to property
and any other loss, damage, costs and expenses however caused (whether by the act or neglect of the
Employer or the Engineer or their servants or agents or not) which but for such visit would not have arisen.

2.9 Additional Queries

Any formal queries not raised at the briefing and joint site inspection shall be addressed to the Employer
through the secure messaging service of the ‘Buy World’ eSourcing Portal.

Such queries will be answered by means of addenda to the Tender Documents in accordance with the
provisions in Sub-Clause 2.7 above.

2.10 Completion of Tender Documents

The Tender shall be signed by a person duly authorized to bind the Tenderer and whose power of attorney
indicating such authority shall be submitted with the Tender.

The person who signed the Tender shall also initial every page of the submission where required.

Each Tender shall contain an address, telephone number and fax number in the Country for service of any
notice which may be, served on, or given to, the Tenderer in connection with his Tender.

Any correction, erasure or overwriting in the Tender submitted shall be duly initialed by the person who
signed the Tender.

No unauthorized alteration shall be made to the Letter of Tender, the Tender Schedules or to any other of
the Tender Documents issued by the Employer. If any such alteration is made or if the Schedules are not
properly completed or if the Conditions of Tendering are not fully complied with, the Tender may be
rejected.

2.11 Tender Submitted by a Joint Venture or Consortium

A Tender submitted by a group of two or more firms forming a joint venture or consortium shall be signed
by each member firm, where required.

Member firms of such groups shall be jointly and severally responsible for the performance of all obligations
and the discharge of all liabilities under the Contract of all the members of the joint venture or consortium.

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2.12 Tender Submitted by a Subsidiary Company

A Tender submitted by a Contractor who is related or subsidiary to a parent or holding company shall
include an undertaking from the Contractor’s ultimate holding company that, if the Contractor is successful,
the ultimate holding company will provide a guarantee and indemnity for the performance of all of the
Contractor’s obligations and the discharge of all of his liabilities under the Contract.

In the case of a joint venture or consortium, the ultimate holding company of any subsidiary company
which forms the joint venture or consortium shall provide such guarantee.

2.13 Validity of the Tenders

Tenders shall be valid for the period of 90 days counted from the tender deadline. The Employer may solicit
a Tenderer's consent to an extension of the period of Tender validity. The request and the responses
thereto shall be made through the Employer. A Tenderer may decline the request but a Tenderer granting
the request will not be required or permitted to modify his Tender.

2.14 Tender Security

Not used.

2.15 Documents to be submitted

The following documents shall be duly completed and submitted to to the Buy World‘ eSourcing Portal*,
which shall form part of the Tender . Within the Buy World‘ eSourcing Portal, the documents shall be
assembled under the Qualification, Technical and Commercial Envelopes in the sequence shown below and
referenced by the same numeric characters.

*Note: Tenderer’s are not required to submit to the Employer any of the documents not requested on the
Buy World‘ eSourcing Portal. Provision is made within the Portal for the Tenderer to acknowledge receipt
and that the Tenderer’s submission is based upon all Volumes issued for Tender.

Technical Envelope:
Schedules to Letter of Tender all duly completed
Tender Schedule TS - 1 Tenderer’s Understanding of the Project issues
Tender Schedule TS - 2 The Contractor’s management systems and project organization
Tender Schedule TS - 3 Design
Tender Schedule TS - 4 Construction activities
Tender Schedule TS - 5 Detailed proposed program for construction
Commercial Envelope:
Tender Schedule TS - 6 Price information including
1. Price Schedules
2. Estimated Monthly Cash Flow

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2.16 Procedure for Submission of Tenders

Tenders shall be submitted online using the ‘Buy World’ e Sourcing Portal (available at
https://dpworld.tejari.com) prior to the defined closing date and time.
Tender received after the defined closing date and time will not be accepted.

2.17 Currencies of Tender

Rates and prices in the Tender shall be quoted in Philippine Pesos (PHP).

All payments, deductions, adjustments or other sums are to be measured or calculated in PHP as set out
by the Tenderer in the Schedule of Prices.

2.18 Schedule of Prices

The Schedule of Prices provided as a pro-forma in Volume 4 of the Tender Documents contains a list and
estimated quantities of the items which form elements of the Works

The Tenderer shall insert his rate and extended price against each item in the Schedule of Prices together
with a page total and summary. Items against which no rate or price is entered shall be deemed to be
covered by other prices or rates.

The Tenderer shall not adjust or modify the item descriptions or the quantities in the Schedule of Prices.

The Schedule of Prices include the Preamble to the Schedule of Prices. The Schedule of Prices shall form
part of the Contract only to the extent provided for in the Contract.

2.19 Rates and Prices

The items set forth in the Schedule of Prices and the amounts entered therein shall be deemed to cover all
the Tenderer’s liabilities and obligations and all matters and things manifestly and contingently necessary
for the proper construction, completion and maintenance of the Works as specified in Tender documents.
No further payment shall be made in respect of anything described in the Contract for which apparently no
corresponding item is specified in the Schedule of Prices and the cost thereof shall be deemed to be included
in the amounts as aforesaid.

2.20 Dayworks
Not used.

2.21 Departures from the Employer’s Requirements

Tenderers are required to submit a tender that fully complies with the Employer’s Requirements.
Departures will not be accepted.

2.22 Opening of Tenders

Tender will be opened by the Employer in private. Details of the Tender will not be made public.

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2.23 Clarification of Tenders

In the evaluation and examination of Tender, the Employer may seek clarification from the Tenderer. The
Tenderer shall provide only the clarification asked for and shall not in any way cause a change in the
substance of the Tender or in the prices quoted.

2.24 Evaluation and Comparison of Tender’s

The objective in evaluating Tenders is to obtain the best value for money and not necessarily the lowest
price. In addition to the consideration of price and compliance with the Tender Documents, the following
factors will be taken into consideration in the assessment of Tenders.

• acceptance of minimisation of risk to the Employer

• understanding of the problems expected in delivery of the Project and ability to overcome them
• management, technical, physical and financial resources that the Tenderer proposes to commit to the
Project
• staff, labour, subcontract and material supply proposals
• quality system proposals and QA record
• industrial relations and safety performance
• current commitments and demonstrated ability to deliver the Project within contract time
• pricing structure of Tender schedules

The foregoing will be assessed initially from the responses given in the Tenderer’ Tender schedules.

Prior to making the detailed evaluation of Tenders, the Employer will determine the substantial
responsiveness of each Tender to the Tender Documents issued by the Employer. The Employer’s
determination of a Tender's responsiveness will be based on the contents of the Tender itself without
recourse to extrinsic evidence though, if appropriate, the Employer may seek written clarification from the
Tenderer on any point of doubt.

A Tender which contains unacceptable or inadequate details will be determined as substantially

non-responsive and will be rejected by the Employer, whose decision to determine responsiveness shall be
regarded as final. The Employer may waive any minor informality, non-conformity or irregularity in a
Tender which does not constitute a material deviation.

In the evaluation of Tenders, account will be taken of the information provided by the Tenderer in all the
schedules to the Letter of Tender.

2.25 Notification of Award

The successful Tenderer will be notified that his Tender has been accepted by ATI upon issuance of a
purchase order.

2.26 Performance Security and Advanced Payment Security

The successful Tenderer shall obtain and provide to the Employer a security for his proper performance of
the Contract within 14 days after the Contractor receives the purchase order.

In the case of a joint venture or consortium, the ultimate holding company of any subsidiary company
which forms the joint venture or consortium shall provide such guarantee.

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2.27 Signature of Contract

The successful Tenderer shall sign to confirm the purchase order and its terms and conditions within 7 days
of issuance.

This Contract shall incorporate all agreements between the parties.

2.28 Cost of Tender Preparation and Submission

Each Tenderer shall be entirely responsible for and shall bear all costs associated with the preparation and
submission of his Tender and the Employer shall have no responsibility or liability in this respect, irrespective
of whether the Tender is awarded or cancelled or awarded to a Tenderer of the Employer's choice.

2.29 Right to Accept or Reject Any or All Tenders

The Employer shall not be bound to accept the lowest or any Tender.

The Employer reserves the right to accept or reject any Tender, and to annul the tendering process and
reject all Tenders at any time prior to award of a Contract without thereby incurring any liability to the
affected Tenderer or Tenderer’s or any obligation to inform the affected Tenderer or Tenderer’s of the
grounds for the Employer's action.

A Tenderer whose Tender is not accepted shall have no recourse against the Employer nor receive any
indemnity whatsoever. Under all circumstances, the Employer reserves the right to make the final decision
on the selection of a successful Tender or to reject all Tender’s. No claims shall be made by any Tenderer
against the Employer upon such action.

2.30 Interference in Evaluation

While Tender’s are under consideration, Tenderers and their representatives or other interested parties
shall refrain from contacting by any means any personnel or representative of the Employer on matters
relating to the Tender’s under consideration, except in direct response to a written enquiry initiated by the
Employer. Any effort to unduly influence the Employer shall disqualify the Tenderer.

2.31 Local Address

Within fourteen days from receipt of the Notice of Award and before signing the Contract, the Contractor
shall officially nominate a local address in the Country. The address shall be used for all communications
between the Employer and the Contractor.

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3 Tender
3.1 Letter of Tender
To
Asian Terminals Inc. Manila, of
South Harbour Expansion Project
Bonifacio Drive, South Harbor
Port Area, Manila,
Philippines

Gentlemen
ATI Manila South Harbour Yard Stacks CY02

(a) Having examined the Tender Documents and Addenda Nos ____________ for the execution of the
above-named Works, we the undersigned, offer to execute and complete such Works and remedy
any defects therein in conformity with the Contract for the total price of
______________________________________________________ as stated in the Commercial
Response Envelope (the Tender Price) or such other sums as may be ascertained in accordance
with the Conditions of Contract.

(b) We acknowledge that the Conditions of Tendering (this Letter of Tender, Schedules to Letter of
Tender TS 1 to TS 5 duly completed, Volume 1 (Asian Terminals Inc purchase order terms and
conditions, sample bank guarantee and the contractors all risk insurance by the Employer), the
foregoing Tender Addenda, and Volume 2: Specifications, Volume 3: Drawings, Volume 4: Schedule
of Prices and Volume 5 Information provided by the Employer provided by us form part of our
Tender.

(c) We undertake, if our Tender is accepted, to commence the Works as soon as is reasonably possible
after the Commencement Date, and to complete the whole of the Works comprised in the Contract
within the time stated in the Appendix to Tender.

(d) We agree to abide by this Tender for the period of 90 days from the date fixed for receiving the
same and it shall remain binding upon us and may be accepted at any time before the expiration
of that period or any extension of that period requested by the Employer and agreed to by
ourselves.

(e) Unless and until a formal Agreement is prepared and executed, this Tender, together with your
written acceptance thereof, shall constitute a binding Contract between us.

(f) We understand that you are not bound to accept the lowest or any Tender you may receive.

Dated this ___________________ day of ________________________ 20_______

Signature _______________________________ in the capacity of ____________________________

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duly authorised to sign tenders for and on behalf of _________________________________________

(BLOCK CAPITALS)

Address _______________________________________________________________

Witness _________________________________________________________________

Address _______________________________________________________________

Occupation_____________________________________________________________

Notes for Contractors submitting as a joint venture or consortium:

1. The Letter of Tender shall be signed by each member of the joint venture or consortium.

2. A copy of the joint venture or consortium agreement shall be included as part of Schedule TS-2 to the
Tender.

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3.2 Tender Schedule TS - 1: Tenderer’s Understanding of the Project Issues

The Tenderer shall demonstrate its understanding of problems that might arise during the delivery of the
Project and how best it will address and overcome these, including:

• acceptance of minimization of risk to the Employer

• understanding of the problems expected in delivery
• contingency planning for expected problems
• consideration of access requirements / limitations
• construction sequencing
• minimizing interference to ATI operations

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3.3 Tender Schedule TS – 2: Tenderer’s Management Systems and Project

Organisation
3.3.1 Details of any Joint Venture, Joint Participation or Consortium Partners
The Tenderer shall attach a copy of any joint venture, joint participation or consortium agreement. It shall
also identify the extent of proposed participation of each partner in the management and execution of the
Works.

3.3.2 Details of any Parent Company

The Tenderer shall attach details of any holding or parent company and shall confirm that, if he is selected
as preferred tenderer, the ultimate parent company will execute the Deed of Parent Company Guarantee
included in Volume 1 Commercial of the Tender Documents with these tender documentsContract
Management and Organisation

3.3.3 Contract Management and Organisation

The Tenderer shall provide details of its proposals for the overall management and organisation of the
Contract.

These shall be in the form of written descriptions together with organization charts showing the
management systems to be implemented and the structure of the management team including the basis
of responsibility of key personnel, the relationship between the different team members, the relation of the
site staff to home office staff or departments and the numbers of personnel in each section or category
within the team.

The information provided shall address as a minimum

• cost control
• time control
• relations with the community and other stakeholders

3.3.4 Curricula Vitae of Proposed Management Staff

The Tenderer shall provide the following details in respect of the key people proposed for this project:

• a curriculum vitae including full name and educational or trade qualifications, details of all relevant
projects worked on in the last five years, the positions held and key client contacts and highlighting
the experience of the person which will be relevant to the project, particularly as a member of a
team on projects similar to this project;
• the nature of the person’s proposed involvement in the project;
• current commitments and how those commitments would be managed if the Contractor became
the successful Tenderer for the project;

Details shall be provided for all key management staff proposed for the project. Alternatives should also be
provided if there is a possibility that the nominated person becomes unavailable

By nominating personnel the Tenderer is committing to making them, or their alternate(s), available to the
project if it is awarded the contract.

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3.3.5 Quality Assurance System

The Tenderer shall submit an outline of the Quality Plan that it intends to use for the project. The Tenderer
shall set out details of his proposed quality system to be in accordance with the requirements of ISO 9001
and with the appropriate standard from the ISO 9000 series for each sub-contract or as appropriate.

Information shall include, but not be limited to the following:

a) A controlled copy of the Tenderer’s Quality Manual and System Element Procedures.
b) An outline of the Quality Plan, including system and technical procedures for all design, verification,
document control, manufacturing and construction elements.
c) A list of recently completed and generally equivalent supply contracts for which the Quality Systems
have been implemented with ISO 9000 or an equivalent national standard. In the case of an
equivalent national standard this should be identified.
d) Outline of typical existing procedures, inspection and test plans, and work instructions.
e) Proposed testing laboratories.

3.3.6 Occupational Health, Safety and Rehabilitation Plan

The Tenderer shall submit an outline of the Occupational Health, Safety and Rehabilitation Plan it intends
to use for the project. The outline plan shall be in accordance with the current occupational health, safety
and rehabilitation management system guidelines in the Country and shall comply with all applicable safety
regulations including those described as in DP World’s Safety Standards and Asian Terminals Inc HSE
procedures.

It shall include:

• Details of the methods proposed to avoid accidents and potential incidents; and
• Details of recording and reporting.

3.3.7 Environmental Management Plan

The Tenderer shall submit an outline of the Environmental Management Plan the Tenderer is required to
submit in accordance with the Specifications. The outline plan shall be in accordance with the current
environmental guidelines in the Country and shall comply with all applicable environmental regulations
including those described as mandatory in DP World’s Safety Standards and Asian Terminals Inc HSE
procedures.

It shall include:

• Details of the methods proposed to manage hazardous materials;

• Details of environmental management of the removal transport and disposal of existing unsuitable
material.
• Details of waste management
• Details of emergency response plans for spills

3.3.8 Road Traffic Management Plan

The Tenderer shall submit an outline of the Road Traffic Management Plan in accordance with the
Specifications. The outline plan shall be in accordance with the road traffic management guidelines in the
Country and shall comply with all applicable road traffic management regulations.

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3.3.9 Permits and Consents

The Tenderer shall provide an outline of his proposed procedures for obtaining permits and consents, which
reflect the requirements for obtaining permits and consents described in the Specifications.

Special attention is required for;

• the approval of Contractor’s designs and construction methodologies in compliance with the
concerned local authority requirements;
• the Contractor’s approval by the Port Authority, including any business licenses and permit to
operate;
• contractor’s trading license must have the capability to undertake the type of works described in
this Tender.

3.3.10 Details of Insurances

The Tenderer shall set out details of the insurances it is required to provide. These shall include but not
be limited to:

• Insurance Type
• Insurance Company
• Policy No
• Limit of Cover per incident
• Limit of cover aggregate
• Amount of any Deductible
• Expiry date

and shall cover as a minimum:

• All risk coverage of the Contractor’s Plant/ Equipment and other property brought to the site,
including while in transit;
• Not used;
• Off site Third party public liability insurance;
• Workers compensation insurance in the Country and Contractor as employer’s Liability Insurance;
• Motor vehicle and Public Liability insurance for vehicles in the Country, and;
• Not used.

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3.4 Tender Schedule TS – 3: Design Activities

3.4.1 Design Management and Organisation
The Tenderer shall provide details of his proposals for the overall management and organisation of the design
and verification of the design of the Works.

These shall be in the form of written descriptions together with organisation charts showing the management
systems to be implemented and the structure of the management team including the basis of responsibility
of key personnel, the relationship between the management team, the design teams and the verification
teams.

3.4.2 Proposed Designer(s)

The Tenderer shall provide full details of his proposed designers with details of their corporate experience in
designs of a similar nature and their licences in accordance with local requirements.

3.4.3 Tenderer’s Concept Design

The Tenderer’s Concept Design shall be attached to the Schedule. It shall include enough details, calculations,
drawings and any other elements which allow the Employer to perform a proper technical evaluation of the
proposed solution.

For the proposed technical solution the Tenderer shall highlight the following;

• benefits for the Employer;

• lifecycle implications (maintenance, cost/ benefit/ environmental considerations etc);
• List of risks and envisaged mitigation.

3.4.4 Proposed Independent Design Verifier(s)

The Tenderer shall provide full details of his proposed Independent Design Verifier(s) with details of their
corporate experience in the verification of designs of a similar nature.

3.4.5 Design Verification Proposals

The Tenderer shall provide an outline of his proposed procedures for design verification which reflect the
requirements for design verification described in the Employer’s Requirements.

3.4.6 Curricula Vitae of Proposed Design and Verification Staff

The Tenderer shall provide the following details in respect of the key design management, design personnel
and independent verification personnel proposed for the project:

• a curriculum vitae including full name and educational qualifications, details of all relevant projects
worked on in the last five years, the positions held and key client contacts and highlighting the

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experience of the person which will be relevant to the project, particularly as a member of a team
on projects similar to this project;
• the nature of the person’s proposed involvement in the project;
• current commitments and how those commitments would be managed if the Tenderer became the
successful contractor for the project. (Tenderers should note that all such information will be
treated as strictly confidential).
• Key Personnel CV’s to be provided. Alternatives should also be provided if there is a possibility that
the nominated person becomes unavailable

By nominating personnel the Tenderer is committing to making them, or their alternate(s), available to the
project if it is awarded the Contract.

3.5 Tender Schedule TS – 4: Construction Activities

3.5.1 Construction Management and Organisation
The Tenderer shall provide details of his proposals for the overall management and organisation of the
construction and verification of the construction of the Works.

These shall be in the form of written descriptions together with organisation charts showing the
management systems to be implemented and the structure of the management team including the basis
of responsibility of key personnel, the relationship between the management team, the construction teams
and the Quality Control Manager and his supporting team.

3.5.2 Major Subcontractors and Suppliers

3.5.2.1 Major Subcontractors and Suppliers
The Tenderer shall set out details, including experience and record, of the major subcontractors and
suppliers it proposes to use and the extent of their proposed participation in the execution of the Works.

The Tenderer shall, in any case, provide details of the source, with quantities, of materials important for
the completion of the Works.

3.5.2.2 Approved sub-contractor’s and suppliers

Not used.

3.5.3 Staff and Labour

The Tenderer shall set out his estimate of the monthly labour force it will employ for the execution of the
Works. Each category of the labour force is to be separately identified.

The Tenderer shall also include details of his proposals for the recruitment, deployment and training of all
specialist labour and professional staff. The Tenderer’s proposals shall conform to the requirements of the
law of the Country and be designed to promote industrial harmony.

3.5.4 Curricula Vitae of Proposed Construction Staff

The Tenderer shall provide the following details in respect of the key construction management, including
those of major subcontractors, and independent construction verification personnel proposed for the
project:

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• a curriculum vitae including full name and educational or trade qualifications, details of all relevant
projects worked on in the last five years, the positions held and key client contacts and highlighting
the experience of the person which will be relevant to the project, particularly as a member of a
team on projects similar to this project;
• the nature of the person’s proposed involvement in the project;
• current commitments and how those commitments would be managed if the Tenderer became the
successful contractor for the project. (Tenderer should note that all such information will be treated
as strictly confidential).

Key Personnel CV’s to be provided. Alternatives should also be provided if there is a possibility that the
nominated person becomes unavailable

By nominating personnel the Tenderer is committing to making them, or their alternate(s), available to the
project if it is awarded the contract.

3.5.5 Contractor’s Equipment

The Tenderer shall set out his detailed list of proposed Equipment for the Works.

Details shall include a description of the Tenderer’s Equipment including its make, model, capacity,
ownership, date of manufacture, state of repair and machine hours.

3.5.6 Proposed Construction Working Hours

The Tenderer shall set out its proposed working hours. Where these vary for different operations each
such operation and its corresponding working hours are to be identified.

Number of days to be worked per week ........................

Number of hours to be worked per day,

• Monday to Friday ........................

• Saturday ........................
• Sunday ........................

Separate details shall be provided for different operations if appropriate

Separate sheets may be used as necessary and signed by the Tenderer.

3.5.7 Details of Existing Utilities and Other Obstructions

The Tenderer shall submit details of its proposals to obtain the accurate location of utilities and other
obstructions including Unexploded Ordnance (UXO) in advance of work being undertaken. Details shall
include the name, accreditation and experience of the proposed verifier/clearer of UXO.

The Tenderer shall attach to this Schedule a statement on its understanding of the nature and scope of the
Contractor’s Activities in relation to existing utilities to ensure their continued integrity.

3.5.8 Contractor’s Working Areas

The Tenderer shall submit information, both descriptive and on a drawing, of its proposed layout and usage
of the areas available for the Contractor’s Compounds.

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The details to be given shall include where applicable:

• Location and sizes of site offices, stores, Contractor’s Equipment sheds, canteens and the like;
• Access roads;
• Concrete batching plant location and details;
• Precast yard location and details;
• Temporary jetties;
• Marine equipment movement and mooring proposals;
• Location and capacity of site utilities and services such as power, water, telephones, etc;
• Materials stockpiles;
• Compounds and security measures;
• Communications; and,
• Housing for labour (if applicable).

The Tenderer shall also identify any impacts of the compound on the surrounding neighbourhood, together
with its proposals to ameliorate those impacts.

3.5.9 Detailed Proposed Construction Method Statement

The Tenderer shall set out his detailed proposed construction method statement. This shall include but
not be limited to:

• the Tenderer's understanding of the nature and scope of the Contractor’s activities;
• the proposed methodology for undertaking the role and responsibilities of the Contractor;
• his understanding of specific issues that may arise and method statements to manage those issues;
and
• details of all proposed temporary works

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3.6 Tender Schedule TS - 5: Detailed Proposed Program for Construction

The Tenderer shall set out his proposed program for the design and construction of the Works.

The program shall include each item of work and shall be detailed to show the following:

• The time and sequence required for executing the Works broken down into activities not exceeding
one month
• Dependencies between items of work as normally identified in Critical Path Analysis methods (in
either precedence PERT or precedence GANTT form)
• The minimum duration of each item of work.
• All relevant time, site or other restraints including those imposed by the Tender Documents
• Milestones with their dates
• The sequence of activities which form the critical path for the completion of the project.
• The proposed human resources and plant for each item of work on the critical path.
• Interfaces with work by others
• Any work to be subcontracted with the name of the subcontractor identified
• Identify risks and propose mitigation measures.

The programme shall recognise the need for taking over the phases as required by the Employer.

The programme shall be computer-generated precedence, network-linked Gantt chart programme clearly
identifying the critical paths, and showing in detail down to at least Level 3 the proposed construction
sequence of the Works. The software to be used shall be MS Project.

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3.7 Tender Schedule TS - 6: Price Information

3.7.1 Schedule of Prices
The Tenderer shall make his own assessment of the scope of work and shall provide the price to reflect his
method of construction under the Schedule of Prices.

The prices, inclusive of all labour, materials, equipment, overhead costs and profit, that are going to be set
down against the items shall be taken as the full inclusive value of the finished work and cover the cost of
every description of temporary works required, all the Contractor’s obligations under the Contract, and all
matters and things necessary for the proper completion and maintenance of the Works.

The Schedule of Prices will be used in assessing tenders and may be used for assessing variations during
the construction of the Works. Interim payment claims shall be based on Payment Milestones. The structure
of Payment Milestones will be defined between the Contractor and Employer during final negotiations of
the Contract.

The quantities that shall be included under the Schedule of Prices are the Employer’s own assessment of
the scope of work included in the Contract Price and shall be subject to re-measurement.

The Schedule of Prices shall form part of the Contract only to the extent provided for in the Contract.

3.7.2 Schedule of Rates for Daywork and Idle Time

Not used.

3.7.3 Estimated Monthly Cash Flow

The Tenderer shall set out his estimate of anticipated monthly progress payments, having regard to
retention, payment and repayment of the advance payment. The Tenderer should expand or contract the
table to suit his proposed programme.

Estimated Monthly Cash Flow

Contract Estimated Monthly Estimated Date Cumulative Amount of
Month Payments in PHP Payment Due Payment in PHP
No.

Advance

1.

2.

3.

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4 Not Used

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5 Not Used

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