TOR NavotasProject

Form of Tender of 2

PH_SASMUAN_FS_FOT_Mar12 Surbana International Consultants Pte Ltd

FORM OF TENDER

FOR

PROPOSED FLUSHING STUDY FOR THE LAND DEVELOPMENT AT NAVOTAS

To : BUILDNET CONSTRUCTION, INC. 1. Having examined and understood the Invitation to Tender (the contents of which are listed in the Cover Letter and including all Amendments) for the execution of the above-named Works, we, the undersigned, offer to execute and complete such Works in conformity with the Terms, Conditions and Requirements stated in the Invitation to Tender, for the Total Lump Sum of Philippine Pesos: _________________________________________________________________________ __________________________________________ (Php__________________________) or such other sum as may be ascertained in accordance with the said Conditions.

Name of authorised person

NRIC / Passport No.

Designation / Appointment

Duly authorised to sign for and on behalf of

(Tenderer’s official stamp, Service Address, telephone and facsimile numbers)

Authorised Signature Date

Contact Person (for clarifications/enquiries) (Name, Designation, telephone no. and e-mail address)

Form of Tender of 2

PH_SASMUAN_FS_FOT_Mar12 Surbana International Consultants Pte Ltd

2. The Total Lump Sum is final and binding on us. Notwithstanding whatever we have stated in our Tender Proposal (including letters submitted herewith), the Total Lump Sum shall be deemed to be net of any discount offered by us other than through alternative offer(s). 3. In the event of any discrepancy between the WORDS and the FIGURES of our Total Lump Sum in this Form of Tender, the former shall prevail. 4. We understand that you reserve the right to disregard changes made by us to the Instructions to Tenderers and/or Conditions of Contract specified in the Invitation to Tender unless such changes are accepted by you in writing. 5. We agree to abide by this Tender for the period of three (3) months from the date fixed for receiving the same and it shall remain binding upon us and maybe accepted at any time before the expiration of that period. 6. This Tender, together with your written acceptance thereof, shall constitute a binding contract between us. 7. We understand that you are not bound to accept the lowest or any tender you may receive. 8. Any notice or correspondence relating to our Tender Proposal, including (but not limited to) your Letter of Acceptance thereof,

a. may be served by post to the Service Address given by us in this Form of Tender or to our last known place of business and such posting shall be good service of the notice or correspondence, whether or not the same was actually received by us.

b. shall be effectively served and communicated to us immediately upon the

same being faxed by you in accordance with the fax number given by us in this Form of Tender, whether or not the same was actually received by us, or immediately upon the same being collected by us under your instructions.

Instructions to Tenderers Page 1 of 8

PH_SASMUAN_FS_ITT_Mar12 Surbana International Consultants Pte Ltd

INSTRUCTIONS TO TENDERERS

FOR

PROPOSED FLUSHING STUDY FOR

THE LAND DEVELOPMENT AT NAVOTAS

1. DEFINITIONS AND INTERPRETATION 1.1 Throughout this Invitation to Tender and any resultant Contract, unless the

context otherwise requires, the following definitions shall apply:

"Closing Date" means the latest closing date of the Tender as notified by Buildnet Construction, Inc./Surbana International Consultants Pte Ltd.

“Consultant” refers to Surbana International Consultants Pte Ltd or such other firms as may be appointed by Buildnet Construction, Inc.

"Contract" means any resultant contract between Buildnet Construction, Inc. and the successful Tenderer.

"Specialist Consultant" means the successful Tenderer.

"Invitation to Tender" means the invitation to participate in this Tender and comprises all tender documents forwarded to the Tenderer inclusive of the Covering Letter, Form of Tender, Instructions to Tenderer, Conditions of Contract, Evaluation Criteria, Specifications, Breakdown of Tender Lump Sum, Drawings, Amendment Letters issued by the Buildnet Construction, Inc./Consultant, and all other documents specified by the Buildnet Construction, Inc./Consultant from time to time. "Joint Venture" means an arrangement between two or more company or corporation to jointly participate in any one single tender.

"Tender" means a definite offer to do works or supply goods or services and all that is necessary for providing the same as is specified or reasonably to be inferred from the Invitation to Tender at a price stated in the Form of Tender. "Tenderer" means a person or his permitted assigns tendering to provide the Goods and/or Services, and shall be deemed to include two or more persons if appropriate. Saved as set out above, all other terms referred to in this Invitation to Tender shall have the same meaning as those given in the Conditions of Contract.



1. DEFINITIONS AND INTERPRETATION (CONT’D) 1.2 Where the context admits:

a. words importing the singular number shall include the plural number and vice versa;

b. words importing a person also includes a company or a corporation;

1.3 All references to time shall refer to and mean Philippine time. 1.4 The headings in these Instructions to Tenderers are inserted for convenience

only and shall not be deemed to be part thereof or to be taken into consideration in the interpretation or construction thereof in construing the terms and conditions herein.

2. ACCEPTANCE OF TENDER 2.1 Buildnet Construction, Inc. shall be under no obligation to accept the lowest or

any tender. Buildnet Construction, Inc. shall not enter into correspondence with any Tenderer regarding the reasons for non-acceptance of a tender.

2.2 Unless expressly stated elsewhere in the Invitation to Tender, Buildnet

Construction, Inc. reserves the right of accepting each Tender as a whole and not in parts.

2.3 The issue by Buildnet Construction, Inc. of a Letter of Acceptance accepting the

tender or part of the tender (see paragraph 2.2 for exception) shall create a binding Contract on the part of the Tenderer to supply to Buildnet Construction, Inc. the Goods and/or Services offered in the tender. The Contract shall be governed by the Conditions of Contract. The Letter of Acceptance will be handed to or posted to the successful Tenderer’s address as given in his tender and such handing or posting shall be deemed good service of such notice. Buildnet Construction, Inc. may at its discretion require the Tenderer to sign a written agreement.



3. ALTERNATIVE OFFERS

3.1 In addition to the Tenderer's base offer which shall comply fully or very substantially with the Specifications of the Invitation to Tender, the Tenderer may submit alternative offer or offers which fulfils all functional requirements at a lower cost using alternative materials, designs or processes.

3.2 Where a base offer is not submitted by the Tenderer, any alternative offer submitted by him is liable to be rejected.

3.3 The Tenderer shall document and submit such alternative offer(s) with the Tender together with substantial details including cost breakdown, necessary drawings and technical data, as well as highlight all deviations or divergence from Buildnet Construction, Inc.'s requirements. Where such details are deemed to be insufficient by Buildnet Construction, Inc., the Tenderer shall then provide at his own cost and expense any number of additional copies of the aforesaid details and such other further details including additional drawings and technical data as may be required by Buildnet Construction, Inc..

3.4 In the event that the alternative offer involves the Tenderer's own design or modifications to the Buildnet Construction, Inc.'s design, the Tenderer shall, notwithstanding acceptance by Buildnet Construction, Inc., be fully responsible for the suitability, adequacy, integrity, durability and practicality of the design.

4. ALTERATION, ERASURES OR ILLEGIBILITY 4.1 Except for amendments to the entries made by the Tenderer himself which are

initialed by the Tenderer, Tenders bearing any other alterations or erasures and tenders in which prices are not legibly stated are liable to be rejected.

4.2 The Tenderer shall not make amendments or qualifications direct onto any

part(s) of the Invitation to Tender. Where such amendments or qualifications are deemed necessary, the Tenderer shall indicate them clearly in separate company letterhead to be submitted together with the Tender. Otherwise, Buildnet Construction, Inc. shall not be held liable to accept any such amendments or qualifications to the invitation to Tender even though these are stamped and signed by the Tenderer.

5. APPLICABLE LAW 5.1 All tenders submitted pursuant to this Invitation to Tender and the formation of

any resulting contracts shall be governed by the Applicable Law Clause in the Conditions of Contract.

6. CLARIFICATIONS OF THE TENDERER’S PROPOSAL 6.1 In the event that the Buildnet Construction, Inc./Consultant seeks clarification

upon any aspect of the Tenderer’s proposal, the Tenderer shall provide full and comprehensive responses within seven (7) days of notification.



7. COMPLIANCE WITH INSTRUCTIONS 7.1 Tenders will be accepted only if submitted according to the instructions

contained and in the forms(s) prescribed in the Invitation to Tender. Any tender who attempts to vary the Form of Tender or Conditions of Contract is liable to be rejected.

8. CONFIDENTIALITY 8.1 Except with the consent in writing of Buildnet Construction, Inc./Consultant the

Tenderer shall not disclose this Tender, or any of its provisions, or any specifications, plans, drawings, patterns, samples or information issued by Buildnet Construction, Inc./Consultant.

8.2 Buildnet Construction, Inc. may require an unsuccessful Tenderer to return any

specifications, plans, drawings, patterns, samples or instructions issued by Buildnet Construction, Inc./Consultant.

9. EXPENSE OF TENDERER 9.1 In no case will any expense incurred by the Tenderer in the preparation of his

tender be borne by Buildnet Construction, Inc.. 10. FINANCIAL CURRENCY 10.1 Unless otherwise expressly allowed in the Invitation to Tender, all prices quoted

shall be in Philippine Pesos only.

11. JOINT VENTURES 11.1 The parties of a Joint Venture must submit a letter of undertaking to Buildnet

Construction, Inc. together with the Tender to be jointly and severally liable for the performance of the contract made should the Tender by the Joint Venture be accepted by Buildnet Construction, Inc. and for any loss, expense, costs, damages, liability or claim whatsoever arising out of or in connection with the said contract, failing which Buildnet Construction, Inc. reserves the right to reject the Tender by the Joint Venture. (Please refer to Appendix A for the format of the letter of undertaking and declaration of participation.)

12. LANGUAGE 12.1 The tender and all supporting technical data and all documentation to be

supplied by the Tenderer shall be written in the English language. 13. NOTIFICATION 13.1 Notification will not necessarily be sent to unsuccessful Tenderers by Buildnet

Construction, Inc..



14. OWNERSHIP STATUS OF TENDERERS 14.1 The Tenderer shall provide full information on :

a. the name and address of any person, company or corporation which owns, whether directly or indirectly, at least 50% of the total number of shares in the Tenderer,

b. the number, percentage and class of shares held by such person,

company or corporation. 15. OWNERSHIP OF TENDER DOCUMENTS 15.1 All documents submitted by the Tenderer in response to this Invitation to Tender

shall become the property of Buildnet Construction, Inc.. However, intellectual property in the information contained in the tender submitted by the Tenderer shall remain vested in the Tenderer. This Clause is without prejudice to any provisions to the contrary in any subsequent contract between the Tenderer and Buildnet Construction, Inc..

16. SUBMISSION OF TENDER 16.1 Tenders will be received at the location indicated in the Cover Letter. Tenders

must be submitted in sealed envelopes. Buildnet Construction, Inc. reserves the right to reject tenders forwarded by facsimile or telex.

16.2 When forwarding tenders, the Tenderer shall specify clearly on the top left-hand

corner of the envelope (i) the Tender Reference Number; (ii) the closing date and time of the tender and (iii) name and address of the Tenderer.

16.3 Postage must be pre-paid on all tenders sent through the post. 16.4 The Tenderer shall submit the following documents as part of his Tender

Proposal failing which his Tender Proposal would be rejected :

a. The Form of Tender, properly completed and signed; and b. The Breakdown of Tender Lump Sum, properly completed and signed;



17. TENDER CLARIFICATIONS 17.1 Any Tenderer who is in doubt as to the meaning or intention of the Invitation to

Tender shall write to the Consultant (Attn:Officer-in-charge mentioned in the Covering Letter) for clarifications not later than ten (10) working days before the Closing Date, failing which Buildnet Construction, Inc./Consultant shall have the discretion to disregard all such requests. Such clarifications shall be dealt with as Buildnet Construction, Inc./Consultant deems fit and where necessary, amendment letters to all the Tenderers participating in the Tender shall be issued.

18. VALIDITY PERIOD 18.1 Tenders submitted shall remain valid for acceptance for the Validity Period

specified in the Invitation to Tender and during such extension of the period as may afterwards separately be agreed to in writing by the Tenderer at the request of Buildnet Construction, Inc..

19. WITHDRAWAL OF TENDER 19.1 No Tenders may be withdrawn after the closing date prescribed in the Invitation

to Tender. Any Tenderer who attempts to do so is liable for any remedy which Buildnet Construction, Inc. may have against him

20. THE VALUE ADDED TAX (VAT) 20.1 The Tenderer shall include in the rates and prices proposed in his tender, the

Philippine Value Added Tax (VAT) chargeable for the supply of Goods or Services required in the Tender, if he is a taxable person under the VAT Act. All rates and prices quoted shall be inclusive of the said VAT chargeable on the supply of the said Goods and Services.

20.2 The Tenderer shall declare his VAT status in his tender. He shall clearly indicate

whether he is, or whether he will be a taxable person under the VAT Act. He shall, if available, furnish the VAT registration number to Buildnet Construction, Inc..



21. GENERAL 21.1 Buildnet Construction, Inc. reserves the right at any time to withdraw the

Invitation to Tender without being liable for any costs, damages, losses and/or expenses whatsoever.

21.2 Every notice regarding the issuing of amendment letters/drawings, extension of

tender closing date, etc to the Invitation to Tender shall be posted at / sent to the Tenderer's address or faxed to the Tenderer's facsimile number. The publication of the notice by posting or faxing shall be deemed to be sufficient service of the notice.

21.3 If the Tenderer or any person on his behalf makes any attempt to canvass,

solicit or approach any officer, employee, Consultant, agent or staff member of Buildnet Construction, Inc. for information or favours or for any other matter that will provide an advantage to the Tenderer alone with regard to his Tender, such act or attempt shall render the Tender liable to rejection.

21.4 Buildnet Construction, Inc. reserves the right to shortlist Tenderers in

accordance with the criteria set forth in the Invitation to Tender; and give those so shortlisted the opportunity to submit new or amended tenders on the basis of Buildnet Construction, Inc.’s revised requirements, in accordance with a common deadline. Tenders received based on the firm and updated requirements shall form the basis of the final tender evaluation. Tenders received in the final round shall be complete and comprehensive, and shall over-ride all tender proposals previously submitted. The final offer shall not make references to previous offers. All tender proposals received in the previous rounds shall be treated as lapsed. Such final offers shall be submitted in sealed envelopes and deposited in the tender box as instructed.



APPENDIX A

LETTER OF UNDERTAKING FOR JOINT VENTURE Notwithstanding our respective equity participation in the Joint Venture, we

_________________________________________________________________________

(Parties of Joint Venture)

are held and firmly bound unto Buildnet Construction, Inc. to be jointly and severally liable for

the performance of the contract made should our Tender be accepted by Buildnet

Construction, Inc. and for any loss, expense, costs, damages, liability or claim whatsoever

arising out of or in connection with the said contract.

We also agree that should our Tender be accepted by Buildnet Construction, Inc., the latter

shall make payments due under the contract(s) only to the Joint Venture and not to any of

the parties of the Joint Venture.

We hereby declare the nature of our participation in the Joint Venture to be as follows:

Items Qualifying

Company/Corporation Other Party(s)

Names of Parties of Joint Venture:

% of equity participation of the Parties of Joint Venture

Authorised Signatures of Parties of Joint Venture

Company Stamp of the Parties of the Joint Venture

Dated this___________ day of___________ 200___ .

Evaluation Criteria Page 1 of 2

PH_SASMUAN_FS_EC_Mar12 Surbana International Consultants Pte Ltd

EVALUATION CRITERIA

FOR


THE LAND DEVELOPMENT AT NAVOTAS

Buildnet Construction, Inc. shall evaluate the Tender Proposal based on the following criteria:

A. Critical Criteria

1 Non-compliance with any of the following critical criteria will preclude the

Tender Proposal from further evaluation by Buildnet Construction. Inc.: a) Full compliance with components of the Invitation to Tender

The Tender Proposal shall comply fully with the Instructions to Tenderers, the Form of Tender and the Conditions of Contract. The Tenderer shall not change the text of the components of the Invitation to Tender, including but not limited to the Instructions to Tenderers, the Form of Tender and the Conditions of Contract.

B. Other Criteria

a) Price competitiveness of the Tender Proposal b) Conformance of the Tender Proposal with the Specifications c) Tenderer’s ability and expertise to undertake the project# d) Tenderer’s financial solvency# e) Tenderer’s contracting capacity and performance in existing and past

projects#

Evaluation Criteria Page 2 of 2

PH_SASMUAN_FS_EC_Mar12 Surbana International Consultants Pte Ltd

# SUBMISSION OF TECHNICAL PROPOSAL

The Tenderer must submit suitable technical proposal to show that they have the capacity and capability to complete the project within the Time for Completion. The fullest possible details should be submitted by the Tenderer so that a comprehensive evaluation of the tender can be made. The technical proposal shall include: (a) Details of the whole of the modelling for the flushing study. (b) Manpower details including their strength, qualification and experience. (c) Relevant track records and experience of the company. (d) List of similar modelling and studies performed by the company in the last 5 years. (e) Details of any other matters which the Tenderer knows or has reason(s) to believe

will materially affect the execution of the works should also be given. (f) Audited Financial Statement of the last 3 years

Conditions of Contract Page 1 of 6

PH_SASMUAN_FS_COC_Mar12 Surbana International Consultants Pte Ltd

CONDITIONS OF CONTRACT

FOR


1. DEFINITIONS 1.1 In these Conditions, unless the context otherwise requires:

(a) “The Employer” means Buildnet Construction, Inc. and shall include its assigns and successors in law and its duly authorised representatives.

(b) “The Consultant” means Surbana International Consultants Pte Ltd or such

other firms as may be appointed by the Buildnet Construction. Inc. to perform the role of consultant.

(c) “Contract” means the Conditions of Contract, the Specifications, the

Breakdown of Tender Lump Sum, the Schedule of Rates, the Drawings, the Tender, the Letter of Acceptance, Agreement and such other letters and documents as the parties may expressly identify in writing and agree as forming part of the contract.

(d) “Contract Sum” means the lump sum set out in the Letter of Acceptance and

shall be fixed subject only to adjustments expressly provided in the Conditions.

(e) “Specialist Consultant” means the successful supplier and service provider

who has been awarded the Contract by the Employer. (f) “Works” means the work which the Specialist Consultant is required to

perform under the Contract. 1.2 Words importing the singular include the plural and vice versa. 1.3 The headings are for convenience only and not for the purpose of interpretation. 2. SCOPE OF CONTRACT 2.1 The Specialist Consultant shall carry out and complete the Works in accordance with

the Contract. The Specialist Consultant warrants that the Works executed shall be of satisfactory quality and fit for the purpose as required by the Employer under the Contract. The Specialist Consultant represents and warrants that it has the qualification, expertise, experience and resources, and shall exercise the highest degree of skill, care and diligence exercised by businesses and professionals in the same industry to carry out the Works. The Specialist Consultant warrants and represents that the Specialist Consultant and its employees are duly qualified, licensed, registered and authorized by law to execute and carry out the Works under this Contract.



2. SCOPE OF CONTRACT (CONT’D) 2.2 The Specialist Consultant shall comply with all relevant laws and regulations in the

applicable jurisdictions in the execution and completion of the Works. 2.3 The Specialist Consultant warrants to the Employer that it has the right, title and

interest in any of its intellectual property or licensed technology to execute the Works, and it does not and will not infringe any intellectual property rights of third parties or contravene any contract to which it is a party. The Specialist Consultant shall indemnify the Employer of all claims, liabilities, damages, losses, costs or expenses (including legal expenses on a full indemnity basis) arising from the breach by the Specialist Consultant of its warranties under this Clause.

3. DELIVERY AND PERFORMANCE 3.1 The Specialist Consultant shall complete the Works specified under the Contract

including submission of relevant reports within ONE (1) CALENDAR MONTH from the commencement date stated in the Letter of Acceptance.

3.2 If there is delay in the completion of the Works under the Contract due to any of the

following circumstances, namely, acts of God, force majeure, riots and civil commotion, strikes, lock-outs or other causes or perils beyond the Specialist Consultant's control, then the time within which the Works are to be completed may be extended by the Consultant by such further period or periods of time as may reasonably reflect the delay in completion of the Works, notwithstanding due diligence and the taking of all reasonable steps by the Specialist Consultant to avoid or reduce such delay.

3.3 Subjected to Clause 3.2, if the Specialist Consultant fails to deliver and/or complete

the Works by the date specified in the Contract, the Employer shall have the right to cancel all or any such items of Works from the Contract without compensation and obtain them from other sources and all increased costs thereby incurred shall be deducted from any moneys due or to become due to the Specialist Consultant or shall be recoverable as damages.

4. LUMP SUM CONTRACT 4.1 The Contract Lump Sum shall be inclusive of everything necessary including

mobilization and demobilization of machinery, labour, materials, temporary access/scaffolding, transport, tools, equipment, services detection works including trial pit at borehole location and all else necessary to carry out the Works.



5. PAYMENT 5.1 The Specialist Consultant shall submit to the Consultant payment claims in

accordance with the paymet schedule shown in the Specifications. The Consultant shall within fourteen (14) calendar days from the receipt of the Specialist Consultant’s payment claim, certify the amounts which the Specialist Consultant is in his opinion entitled, subject the deduction of any sums which have been or may become due and payable by the Specialist Consultant to the Employer under the Contract or otherwise

5.2 The amount due to the Specialist Consultant under any certificate issued by the

Consultant pursuant to Clause 5.1 be paid by the Employer to the Specialist Consultant within thirty (30) days after the date of such certificate.

5.3 No payment shall be considered as evidence of the quality of any Works to which

such payments relates nor shall it relieve the Specialist Consultant from his responsibilities under the Contract.

6. VARIATION 6.1 The Employer or the Consultant may at time issue an instruction in writing requiring a

variation. Variation shall mean any changes in the original Contract intention as deduced from the Contract as a whole describing or defining the Works to be carried out and shall include but is not restricted to :

(a) an increase or decrease in quantity of any part of the Works; (b) an addition to or omission from the Works; and (c) a change in the character, quality or nature of any part of the Works.

6.2 The Specialist Consultant shall carry out the variation works upon receiving instructions from the Employer or the Consultant. The value of the variation shall be valued according to Clause 6.3 and shall form an adjustment to the Lump Sum priced by the Specialist Consultant in the Tender.

6.3 All variation shall be valued as follows :

(a) Where the varied work is of a similar character to, is executed under similar conditions as and does not significantly change the quantity of work described in the Contract, the Rates for Works as set out in the Contract (including the Basic Rates as described in Clause 6.4) shall determine the valuation;

(b) Where the varied work is of similar character to work described in the

Contract but is not executed under similar conditions of such work described in the Contract or involves significant changes in the quantity of such work described in the Contract, the Rates for the Works as set out in the Contract shall be the basis for determining the valuation but with a fair allowance for any differences in such conditions and/or quantity; or

(c) Where (a) and (b) above do not apply, then by measurement and valuation at

fair market rates and prices;



6. VARIATION (CONT’D)

(d) Where none of the above methods is applicable or appropriate in the circumstances of the particular varied work, then the valuation shall be based on the cost of necessary Plant, materials or goods, labour and any additional equipment necessary for the execution of the varied work plus 15 per cent. This percentage shall be deemed to compensate adequately the Specialist Consultant in respect of all supervision, the use of Construction Equipment, overheads, profit and all other costs or damages incurred in or connected with the execution of the varied work;

(e) The Rates for the Works as set out in the Contract shall determine the

valuation of items omitted; provided that if omissions vary the conditions under which any remaining items of work are carried out, the values for such remaining items shall be determined under Clauses 6.3 (b) or (c) or (d) as the case may be.

6.4 Basic Rate shall be determined by the following formula for items of works which are

stipulated in the Breakdown of Tender Lump Sum:

Basic Rates

= Tender Sum of corresponding item in the Breakdown of Tender Lump Sum

Quantities Filled in by Tenderer in the Breakdown of Tender Lump Sum 7. INDEMNITY 7.1 The Specialist Consultant shall indemnify and hold harmless the Employer against all

claims, damages, expenses or costs (including those asserted by third parties) arising directly or indirectly from its acts, errors or omissions of the Specialist Consultant, its servants or agents when carrying out the Works.

8. SUB-CONTRACTING AND ASSIGNING 8.1 The Specialist Consultant shall not sub-contract or assign the Contract without the

prior written consent of the Employer. 9. SUSPENSION OR TERMINATION 9.1 The Employer shall, after giving seven (7) days prior written notice to the Specialist

Consultant, have the right to suspend or terminate the Contract if :

(a) the Specialist Consultant shall commit a breach of any term in this Contract and shall fail to rectify the breach (if capable of remedy at all) within fifteen (15) days from the date of notice of the breach by the Employer which notice shall specify the nature or circumstances of the breach, or

(b) the Employer is affected by any state of war, act of God or other

circumstances seriously disrupting public safety, peace or good order of the Republic of Philippines.

(c) where the local government has terminated the contract it has with the

Employer or suspended the performance of the services by the Employer thereunder.



9. SUSPENSION OR TERMINATION (CONT’D) 9.2 The Employer shall not be liable by reason of such suspension or termination save

that the Employer shall pay the Specialist Consultant the price of the Works completed and accepted by the Employer as at the date of written notice of termination or suspension. The Employer shall have title to such Works completed and accepted. Where the Employer has made any advance payment to or placed any deposit with the Specialist Consultant, the Specialist Consultant shall refund to the Employer the balance of any advance payments or deposits made after deducting any outstanding sums owing by the Employer to the Specialist Consultant by reason of this Clause.

10. GIFTS, INDUCEMENTS AND REWARDS 10.1 The Employer may terminate the Contract and recover from the Specialist Consultant

the amount of any loss resulting from such termination, if the Specialist Consultant shall have offered or given or agreed to give to any person any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any action in relation to the obtaining or execution of the Contract with the Employer or for showing or forbearing to show favour to any person in relation to any Contract with the Employer, or if the like acts shall have been done by any person employed by the Specialist Consultant or acting on his behalf (whether with or without the knowledge of the Specialist Consultant).

11 WAVIER 11.1 No failure or delay by the Consultant and/or Employer in exercising any right, power

or remedy under this Contract will operate as a waiver. 12. APPLICABLE LAW & DISPUTE RESOLUTION 12.1 The Contract shall be governed by and construed in accordance with the laws of the

Republic of Philippines. 12.2 In the event of any dispute or difference between the Employer and the Specialist

Consultant, whether arising during or after the exection of Works under the Contract, either Party shall give notice in writing (the "Notice of Dispute") to the other Party informing the other Party of the matter in dispute and requiring its or their settlement. If the Parties are unable to settle the dispute or difference within thirty (30) days from the date of the Notice of Dispute, the dispute arising out of or in connection with this Contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the International Chamber of Commerce (“Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Tribunal shall consist of one or more arbitrator(s) to be appointed in accordance with the Rules.

12.3 The place of arbitration shall be in the Philippines and the language in English. The judgement upon the award rendered in such arbitration shall be entered in any court of the applicable jurisdictions.



13. TAXES, FEES AND DUTIES 13.1 The Specialist Consultant shall be responsible for all corporate and personal income

taxes, customs fees, duties, fines, levies, assessments and other taxes payable under the Laws of the Republic of Philippine, by the Specialist Consultant or its employees, in carrying out its obligation under the Contract.

13.2 If the Employer receives a request from the tax authorities to pay on behalf of the

Specialist Consultant and/or the Specialist Consultant's employees, or to withhold payments from the Specialist Consultant in order that the Employer may subsequently pay any of the abovementioned taxes, fees, duties, fines, levies and assessments, the Specialist Consultant hereby authorises the Employer to so withhold and to comply with the terms of the said request.

14. GOVERNMENT REGULATIONS 14.1 The Specialist Consultant shall, at its own costs, obtain and maintain all licence and

authorisations, including export licences and permits and other governmental authorisations or certification required without any restrictions or qualifications whatsoever so as to enable the Specialist Consultant to fulfil all its obligations under the Contract.

Specifications Page 1 of 7

PH_SASMUAN_FS_SPECS_Mar12 Surbana International Consultants Pte Ltd

SPECIFICATIONS

FOR


CONTENTS

1.0 TYPE OF CONTRACT ................................................................................................... 2

2.0 BACKGROUND INFORMATION .................................................................................... 2

3.0 SCOPE OF CONTRACT ................................................................................................ 2

4.0 TENDERER’S RESPONSIBILITY .................................................................................. 3

5.0 DRAWINGS .................................................................................................................... 3

6.0 TIME FOR COMPLETION .............................................................................................. 3

7.0 WORK PROGRAMME .................................................................................................... 4

8.0 ORDER OF CARRYING OUT WORK ............................................................................ 4

9.0 SCOPE OF FLUSHING STUDY ..................................................................................... 4

10.0 PROGRESS OF WORKS ............................................................................................... 5

11.0 OWNERSHIP OF THE VALIDATED & CALIBRATED MODELS .................................. 5

12.0 DATA AND MATERIAL PROVIDED .............................................................................. 5

13.0 SCHEDULE AND REPORTING OF WORKS ................................................................ 6

14.0 PAYMENT SCHEDULE .................................................................................................. 6

15.0 CONFIDENTIALITY OF INFORMATION ....................................................................... 7

16.0 UNITS OF MEASUREMENT .......................................................................................... 7

17.0 PAYMENT OF DUES OR DUTIES LEVIED .................................................................. 7



1.0 TYPE OF CONTRACT

The Contract shall be in the form of Lump Sum Contract. The Lump Sum shall allow for all works within and expenses arising from the Contract as detailed in the Specifications, Conditions of Contract and as shown on the Drawings.

2.0 BACKGROUND INFORMATION

The rapid urbanization of the Philippines is marked by the emergence of Metro Manila as a new mega-city. But this urban sprawl is restrained from expanding towards the west and south by the Manila Bay and Laguna de Bay. As a result, the urbanization is now taking pace towards the north and the City of Navotas is presented with the opportunity to support this spread of the metropolitan area. As part of this urbanization, land development of approximately 133 hectares of the fish ponds in the City of Navotas was proposed to be carried out. The land development will be carried out in phases over an estimated duration of eighteen (18) calendar months. Fill materials will be pumped through floating pipes from a temporary offshore rehandling pit for placement at the fish ponds. Cut-off barrier using geotubes or geobags will be constructed to contain the fill materials and to prevent siltation on the adjacent operational fish ponds. Nevertheless, to ensure that the adjacent area, in particular the nearby operational fish ponds, is not affected by the proposed development, it would be prudent that flushing study be carried out to evaluate the potential impact to the water exchange system and to allow mitigating measures, where necessary, to be developed.

3.0 SCOPE OF CONTRACT The Contract requires the supply of professional personnel, labour, materials, equipments, tools, services and everything necessary for the flushing study as shown on the Drawings and as specified. The purpose and scope of the flushing study to be performed by the Specialist Consultant shall cover the following aspects: (i) Set-up properly calibrated and validated rainfall runoff model and 2-

Dimensional hydrodynamic model and conduct flushing model studies to establish the potential flushing impacts of the proposed land development at Navotas as shown on the Drawings and as specified.

(ii) The Specialist Consultant shall conclude the flushing study by defining the required mitigating measures where necessary to ensure that the proposed land development at Navotas will not affect the water exchange system.



4.0 TENDERER’S RESPONSIBILITY The brief description of the Works involved in this Contract given above serves only as a guide to the Tenderer. The Tenderer shall be solely and fully responsible for investigating and ensuring the actual extent and nature of the whole of the Works comprised in this Contract prior to the submission of his tender. The Tenderer is warned that no claim arising from lack of clarity or availability of information will be entertained by the Employer. Allowance for all and any contingency on account of this provision should be made in the Tender Lump Sum.

5.0 DRAWINGS The Drawings referred to in the Contract shall be as listed in the Schedule of Drawings issued by the Employer, including any modifications of such Drawings approved in writing by the Consultant and such other drawings as may from time to time be issued or approved in writing by the Consultant. Schedule of Drawings

Title Drawing No.

Layout of the Proposed Land Development at Navotas

SB-CEI-OSPH-E1204-CE-001

Such drawing(s) shall remain the property of the Employer and shall be returned to the Employer upon successful implementation of the Works.

6.0 TIME FOR COMPLETION The Time for Completion of the Works is ONE (1) calendar month from the commencement date as stated in the Employer’s Letter of Acceptance. The Specialist Consultant will be expected to commence work as from this day provided he has fulfilled his obligations with regards to the conditions in accordance with the Contract and to the Employer’s satisfaction. The Specialist Consultant shall ensure that he has the ability to complete the Works within the stipulated Time for Completion and to provide all required equipment and all necessary labourers and tradesmen to ensure the required rate of progress.

Unless otherwise provided in the Conditions of Contract, no extension of the Time for Completion is to be granted unless specific instruction is given by the Consultant to extend the Contract beyond the Time of Completion.



7.0 WORK PROGRAMME The Specialist Consultant is required to submit to the Consultant for his approval within three (3) calendar days from the date of Letter of Acceptance, a programme for the Works which must be adhered to if the same has been approved.

8.0 ORDER OF CARRYING OUT WORK The Specialist Consultant shall carry out and complete the work or any part thereof in such order or revised order as may be directed by the Consultant. The Specialist Consultant shall not be entitled to make extra charges in consequences of the Consultant’s requirements relating to the order or revised order of carrying out the work.

9.0 SCOPE OF FLUSHING STUDY The Specialist Consultant shall carry out the flushing study of the proposed land development at Navotas as shown on the Drawings based on the details as follows:

9.1 Rainfall Runoff Model

The Specialist Consultant shall set-up properly calibrated and validated rainfall runoff model using Tropical Rainfall Measuring Mission (TRMM) for precipitation with appropriate grid resolution for use to resolve the key processes for the study.

9.2 2-Dimensional Hydrodynamic Model

The Specialist Consultant shall set-up properly calibrated and validated 2-Dimensional hydrodynamic model with appropriate grid resolution for use to resolve the key processes for the study. The model performance shall conform to the minimum standards defined in UK Foundation for Water Research publication reference FR0374 “A framework for marine and estuarine model specification in the UK”.

9.3 Production Run A residence time analysis using a conservative tracer advection-dispersion model shall be used to evaluate the water exchange system with the following scenarios: (i) Existing condition

(ii) 133 hectares of land development The flushing condition shall be evaluated for two representation situations: (i) Wet season during the monsoon (Habagat)

(ii) Wet season during the monsoon (Habagat), coupled with an extreme

rainfall runoff event (once in 150-year return period)

(iii) Dry season during the non-monsoon (Amihan)



9.0 SCOPE OF FLUSHING STUDY (CONT’D) 9.4 Mitigating Measures

Based on the results of the flushing impact assessments, the Specialist Consultant shall propose and test (via re-simulation) appropriate mitigation measures required to ensure that the proposed land development will not affect the water exchange system.

9.5 Meetings and/or Briefing/Presentations During the course of the study, the Specialist Consultant shall attend meetings called by the Employer/Consultant and conduct briefing/presentation of the findings to the Employer/Consultant and/or other relevant government agencies, Non-Government Organisations (NGOs) and other stakeholders. The Specialist Consultant shall compile the findings into presentation material and provide briefing notes during such briefing/presentation. Where necessary, the Specialist Consultant shall also provide technical inputs and analytical comments to support the findings presented in the briefing/presentation. The Specialist Consultant shall allow for four (4) man-trips (2 days per trip) to conduct briefing/presentation and/or attend meetings in the Contract Sum. All cost of travelling and accommodation etc shall be deemed to be included in the unit price for each man-trip.

10.0 PROGRESS OF WORKS If the Works or any part of the Works do not, in the opinion of the Consultant, comply with this Specifications, then the deficient parts of the Works shall be repeated at the Specialist Consultant's own expense.

11.0 OWNERSHIP OF THE VALIDATED & CALIBRATED MODELS The validated and calibrated models from the study shall remain as the property of the Employer. The Specialist Consultant and other parties may use the Models only with expressed written permission from the Employer. The Specialist Consultant shall include in his tender sum, the download of the Models for the Employer's use.

12.0 DATA AND MATERIAL PROVIDED The Consultant will, upon request, provide the Specialist Consultant with available survey information, topographical maps, hydrological records and other available documents and data deemed relevant to the satisfactory completion of the flushing study. The Consultant will provide the Specialist Consultant with the method of construction for the proposed land development at Navotas.



12.0 DATA AND MATERIAL PROVIDED (CONT’D) All data, related analyses, results, reports, map, diagrams, plans, drawings, minutes of meetings, written correspondence or documents/contracts and statistics that have been collected, compiled or prepared, and/or arising out of this study shall be the absolute property of the Employer. Further to Clause 15.0 of the Specifications, the Specialist Consultant shall treat this material with the utmost confidentiality and shall not disclose any of the material in part or in full to anyone without prior written consent of the Employer. The Specialist Consultant shall deliver all the material to upon completion of the study and shall not use any of the material for any purposes unrelated to this study unless otherwise agreed to in writing by the Employer. All relevant data provided by the Consultant for the study shall be checked, analysed and verified by the Specialist Consultant for quality and its suitability, including converting them to the necessary format for use in this study.

13.0 SCHEDULE AND REPORTING OF WORKS The Specialist Consultant shall complete the modeling, data analysis and assessment, and deliver a Draft Final Report, addressing all of the issues in the Scope of Works, within three (3) calendar weeks from award of contract. The report shall consist of an executive summary, report proper, conclusions and recommendations. The Draft Final Report shall be presented to the Employer/Consultant and the relevant authorities. After the presentation, the Specialist Consultant shall answer any queries posed by the Employer/Consultant and any other relevant authorities and such clarification by the Specialist Consultant and any relevant comments received about the study shall be incorporated into the Final Report to be delivered within one (1) calendar month from award of contract. The Specialist Consultant shall submit a digital format and five (5) coloured printed and binded copies of the Final Report at the end of the study. The Report shall include full descriptions of all survey and data provided by the Consultant that were used in the Specialist Consultant’s studies together with details of the data analysis procedures. All data shall be properly presented in a manner acceptable to the Consultant. The study models prepared for the area shall be described and output from the models shall be included with detailed explanation.

14.0 PAYMENT SCHEDULE The Specialist Consultant shall be paid in accordance to the schedule as shown below:

(i) 20% of lump-sum price after completion, submission and approval of the

work programme.

(ii) 50% of lump-sum price after submission, presentation and approval of the Draft Final Report.

(iii) 30% of lump-sum price after submission of the Final Report.



15.0 CONFIDENTIALITY OF INFORMATION Except with the prior written consent of the Employer/Consultant, the Specialist Consultant and his Personnel or employees shall not at any time communicate to any person or entity any confidential information disclosed to him for the purpose of the Services or discovered by him in the course of the performance of the Service, relating to the Employer/Consultant, the Project and the Services, nor shall the Specialist Consultant and his Personnel or employees make public any information as to recommendations formulated in the course of or as a result of his Services under this Contract. For the purpose of this Clause, information of the project includes the listing of this Contract or quoting the nature of this project as one of the projects undertaken by the Specialist Consultant. The Specialist Consultant shall not at any time not limited to the project duration, disclose to any person or entity, either due to former agreements or for any future purposes including publicity, that the Specialist Consultant has undertaken this project. The Specialist Consultant shall obtain in writing the prior approval and the consent of the Employer/Consultant before the release of any news items, article, publication, advertisement, prepared speech or any other information or material, pertaining to or related to any part or whole of this Contract, including but not limited to the Services to be performed under this Contract, such prior approval shall be sought in reasonable time, failing which the Employer/Consultant shall be entitled to terminate this Contract and to recover from the Specialist Consultant the amount of any loss resulting from such termination. The Specialist Consultant shall take all reasonable precautions in dealing with any information, documents and papers provided to him by the Employer/Consultant so as to prevent any person from having unauthorised access to such information documents or papers.

16.0 UNITS OF MEASUREMENT Metric units shall be used throughout for the Works.

17.0 PAYMENT OF DUES OR DUTIES LEVIED The Specialist Consultant shall be responsible for ensuring that his operation comply with the requirements of all regulations of the local government units and any other statutory or government body which may affect the Works in any way. The Specialist Consultant shall be responsible for the payment of any dues or duties levied on the Works and for obtaining any permits, licenses and authorities required by any statutory body or government bodies.

Breakdown of Tender Lump Sum Page 1 of 2

PH_SASMUAN_FS_BREAKDOWN_Mar12 Surbana International Consultants Pte Ltd


BREAKDOWN OF TENDER LUMP SUM

Item Description Amt (Php)

(A)

The whole of setting up of the properly calibrated and validated models and all related works as specified in Clauses 9.1 and 9.2 of the Specifications and as shown in the Drawings : The whole of works shall also include: (i) Rainfall Runoff Model (ii) 2-Dimensional Hydrodynamic Model

……

……

(B) The whole of the flushing study in properly calibrated and validated numerical models to establish the possible changes to the water exchange system as a result of the proposed land development including identifying, establishing and testing of the recommended mitigation measures (via re-simulation) as specified in Clauses 9.3 and 9.4 of the Specifications and as shown in the Drawings.

……

(C) To provide all necessary assistance and attend meetings and/or conduct briefing/presentations as specified in Clause 9.5 of the Specifications. (Total Provisional Quantity is 4 Nos. of man-trips at Basic Rate 'A' in Schedule of Rates)

……

(D) Others (please list) : (i) _________________________________________________ (ii) _________________________________________________ (iii) _________________________________________________ (iv) _________________________________________________

……

……

……

……

TOTAL LUMP SUM (TRANSFERRED TO THE FORM OF TENDER)

:

Breakdown of Tender Lump Sum Page 2 of 2

PH_SASMUAN_FS_BREAKDOWN_Mar12 Surbana International Consultants Pte Ltd

Notes : 1. Tenderers shall price all items in this Tender Cost Breakdown. 2. The items of work listed herein serve only as a guide and are by no means exhaustive. The cost of any

other work not listed herein but is nevertheless required to be carried out under the Contract is deemed to have been included in the Total Lump Sum.

3. Basic rates shall be determined by the following formula ______Lump Sum of Item in the Breakdown Cost of Tender_____ Provisional Quantity Indicated in the Breakdown Cost of Tender 4. The Employer reserves the rights to accept or reject any of the rates entered by the Tenderers. 5. The prices and rates above shall include any Value Added Tax (VAT) if applicable in the case of the

Tenderer. 6. The prices and rates above shall include Withholding Taxes at 20% or prevailing tax rate if applicable in

the case of the Tenderer.

Schedule of Rates Page 1 of 2

PH_SAMSUAN_FS_SOR_Mar12 Surbana International Consultants Pte Ltd

SCHEDULE OF RATES

FOR


THE LAND DEVELOPMENT AT NAVOTAS PREAMBLE

1. This Schedule of Rates is to form part of the Contract Documents upon acceptance

of the Employer and shall be used for assessing the value of variations for the specified items of work stated below. The rates inserted by the Contractor (if any) are subjected to the agreement of the Employer before they may be applied for the specified work to be carried out as variation to the Contract.

2. The Tenderers shall be deemed to have closely studied all rates contained herein

and duly noted their implications. 4. All works, materials and goods described in this Schedule of Rates shall be in

accordance with the respective kinds described in the Contract and in accordance with the instructions of the Consultant and the Employer.

5. The description given of each item shall, unless otherwise stated, be held to include

the use of materials, labour, equipment, tools and vehicle including maintenance, supply of fuel and all idle time, conveyance, delivery, unloading, storing, hoisting, all labour setting, fitting, scaffolding and fixing in position, all cutting and waste, return of packings establishment charges, overheads, profit and all forms of claims for loss and expense.

6. Unless otherwise stated, the term "as specified" means as specified in any of the

documents forming part of the Contract. 7. Unless otherwise stated, all work shall be measured net as fixed in its place.

Schedule of Rates Page 2 of 2

PH_SAMSUAN_FS_SOR_Mar12 Surbana International Consultants Pte Ltd

SCHEDULE OF RATES

(A) BASIC RATES

Item Description Unit Rate (Php)

A

To provide all necessary assistance and attend meetings and/or conduct briefing/presentations as specified in Clause 9.5 of the Specifications.

Per No. of Man-

Trip

Basic Rate A

(B) PRICED RATES The rates in this Priced Schedule of Rates shall be completed by the Tenderers. The Employer reserves the right to reject any rates before the award of the Tender.

Note: The following rates are applicable for the computation of fees payable for additional works rendered by the Specialist Consultant. In the event of extension of time, time spent by the Specialist Consultant to complete the original scope of works shall be deemed not chargeable. All direct cost and expenses arising from the services rendered (including subsistence allowance, air travel, courier/communication, computer time, plans and report printing, overheads, insurance, taxes, time spent by administrative and clerical supporting staff of the Specialist Consultant and all other incidental costs) shall be deemed as included in the above items.

All rates contained in this Schedule shall be inclusive of any Value Added Tax and Withholding Tax, if applicable. The above rates shall apply services rendered on weekends, public holidays and after office hours. No overtime allowance will be entertained by the Employer. The fees chargeable under the above provision shall be computed on the basis of half-hour blocks.

Item Description Unit Rate (Php)

1

Senior Environmental Consultant

Per Hour

2 Environmental Consultant Per Hour

3 Technical Assistant Per Hour

TOR NavotasProject

Documents

Transcript of TOR NavotasProject