MUMBAI PORT TRUST (MbPT)
CAPITAL DREDGING WORKS FOR THE PROJECT OFFIFTH OIL (J5) BERTH AT JAWAHAR DWEEP IN MUMBAI HARBOUR
PREQUALIFICATION DOCUMENT
(PQ DOC. NO. CE.JD5 – CD/2015)
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MASTER INDEX
(PQ DOCUMENT NO.: CE.JD5 – CD/2015)
SL. PAGE NO. NO. BRIEF DESCRIPTION
1. INVITATION FOR PRE-QUALIFICATION 2-9 INSTRUCTIONS FOR PRE-QUALIFICATION BID 10-27 2. SUBMISSION
PART-I GENERAL CONDITIONS 28 3. FIDIC – CONDITIONS OF CONTRACT FOR WORKS OF CIVIL ENGINEERING
4. CONDITION OF PARTICULAR APPLICATION 29-58
5. SPECIAL APPLICATION 59-71
6. TECHNICAL SPECIFICATIONS 72-87
7. EXHIBITS (1-11) 88-101
8. APPENDIX TO BID 102-104
9. CHECK LIST FOR PQ BID SUBMISSION 105-108
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INVITATION FOR PRE-QUALIFICATION
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INVITATION FOR PRE-QUALIFICATION FOR CAPITAL DREDGING WORKS FOR THE PROJECT OF FIFTH OIL BERTH AT JAWAHAR DWEEP IN MUMBAI HARBOUR (PQ DOCUMENT NO.: CE.JD5 – CD/2015)
1.0 PROJECT DETAIL IN BRIEF 1.1 The Mumbai Port is a natural harbour sheltered between Mumbai Island and Main land. The Mumbai Port presently has 27 berths in Indira Dock including four berths along Harbour Wall berths to handle dry cargo. The port has four jetties known as J1, J2, J3 and J4 at Jawahar Dweep, Butcher Island for handling crude and POL products. The Port has another new liquid berth for handling chemical / POL at Pir Pau near Trombay.
1.2 MbPT proposes to construct 5th Oil Jetty J5 adjacent to the existing J4 jetty in the Jawahar Dweep area of MbPT, to cater the fully laden Suez Max tankers. Accordingly, deepening and widening of the berth pocket is required in front of the 5th Oil (J5) jetty and also dredging is planned to carry out at the extension portion of the approach channel in front of 5th Oil (J5) jetty and at one of the anchorage area close to the Jetty (J5), as shown in the enclosed drawing (Drg.No.A812-000-12-42-1001).
1.3 The estimated quantum of dredging is 4,000,000 m3 (4M.m3). The dredged spoil shall be disposed at specified offshore location about 30kms from the dredging site. The above dredging works are envisaged to be completed in 7 months duration (including mobilisation).
2.0 SCOPE OF WORK The Brief scope of the work shall be as follows: 2.1 To mobilize Trailer Suction Hopper Dredger (TSHD) of total capacity of minimum 7000 m3 hopper capacity (Not exceeding two Nos.) to complete the scope of work to achieve the desired dredge levels as specified. 2.2 To mobilize requisite survey spread for carrying out the in-survey, out-survey, progress surveys etc. for monitoring and measurement of the dredging works, as per specification. 2.3 To carryout dredging in the Berth pocket area, Channel width extension area and Anchorage area and dumping at designated location as per the tender specifications within the proposed time schedule. 2.4 The berth pocket area is to be dredged to -19m CD, Channel extension to -13.5 m CD and Anchorage area to be dredged to -16m CD. 2.5 The extent of dredging at the Anchorage area will depend on the Simulation studies and Soil Investigation report which is expected to be completed shortly.
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2.6 The detailed drawing alongwith the further Soil investigation reports will be furnished in the second stage of tendering –Price Bid. 3.0 BIDDER QUALIFICATION CRITERIA Bidder shall meet the following bidder qualification criteria: 3.1 TECHNICAL CRITERIA 3.1.1 The Bidder shall possess by absolute ownership / charter / lease Trailing Suction Hopper Dredger(s) with hopper capacity of not less than a combined capacity of 7000 Cu.m with maximum two TSHDs.
3.1.2 Bidder should have successfully completed with a single point responsibility during the last seven years ending 30.9.2015, the following:
a) At least one “similar work” of value not less than Rs. 61.20 crore (USD 9.4 Million) or quantity not less than 2.4 million Cu.m. or b) At least two “similar works” of value not less than Rs. 40.80 crore (USD 6.28 Million) or quantity of not less than 1.6 million Cu.m. or c) At least three “similar works” of value not less than Rs.30.60 crore (USD 4.70 Million) or quantity not less than 1.2 million Cu.m.
(1 USD = 65 INR)
“Similar work” shall mean the work at a single site involving capital dredging and disposal of dredged material to dumping site.
3.1.3 In case the bidder doesn‟t meet the criteria at 3.1.2 above on single point responsibility basis, the bidder shall be considered qualified in case he meets the criteria at 3.1.2 above as a member of consortium. In such a case bidder must have carried out the works corresponding to clause 3.1.2 above as a part of his scope of work in the consortium agreement. Bidder shall submit a copy of consortium agreement towards fulfilling this requirement.
3.1.4 In computing the Bidder qualification criteria of the bidder, the experience of their parent shall be considered, provided that the bidder is 100% subsidiary of the parent company and the parent company gives undertaking that they would be fully responsible of completion of the project.
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3.2 FINANCIAL CRITERIA:
Annual Turnover:
The Annual average Turnover of the Bidder during the three preceding financial years ending 31.3.2015 shall not be less than Rs 30.60 Crore (USD 4.70 million).
3.3 SUPPORTING DOCUMENTS
The following documents are required to be submitted at the time of submitting the technical proposal with respect to Bidder Qualification Criteria:
3.3.1 Details of past experience of the bidder as per Bidder Qualification Criteria requirement along with supporting documents including award letters, work orders and completion certificates, to be submitted only in the prescribed form given in the tender.
3.3.2 Details of dredgers owned by the bidder as per Bidder Qualification Criteria requirement, shall be submitted in the prescribed form given in the tender, along with supporting documents including current valid certificates, such as, Seaworthiness / Load line Certificate / Certificate of Registry / Classification Certificate/ Hopper Capacity Certificate etc., as applicable to the respective dredging spread issued by reputed registration/ certification agencies.
3.3.3 Bidder to evidence the meeting of financial criteria shall furnish complete audited annual report including but not limited to auditor‟s report, Balance Sheet, Profit & Loss Account Statement and all other schedules for the preceding three financial years.
4.0 General 4.1 For Foreign bidders annual turnover indicated in foreign currencies other than US $ shall be converted to US $ at the exchange rate indicated in the annual report and if not indicated in the annual report, then exchange rate as applicable on last date of the respective accounting year shall be considered. Agency shall indicate the authenticated exchange rate(s) obtained from bank in their PQ Bid, as applicable. Similarly, if the value of the work is in a currency other than specified in the Technical criteria of Bidder Qualification Criteria then the exchange rate on the date of completion of the work shall be considered. 4.2 In case a bidder is having wholly owned subsidiaries but only a single consolidated annual report is prepared and audited which includes the financial details of their wholly owned subsidiaries, consolidated audited annual report shall be considered for establishing the financial criteria subject to statutory auditor/ chartered accountant of the bidder certifying that separate annual report of bidder (without the financial data of subsidiaries) is not prepared and audited.
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4.3 All supporting documents, pertaining to “Qualification Criteria” shall be submitted Either duly certified by Statutory Auditor of the bidder or practicing Chartered Accountant (not being an employee or a director or not having any interest in the bidder(s) company / firm) where audited accounts are not mandatory as per law or duly notarized by any Notary Public in the bidder‟s country. 4.4 If the above supporting documents are not in English language, then the English translation copy of the same shall also be furnished duly certified, stamped and signed by Local Chamber of Commerce in addition to the certification of original documents as per 4.3 above. 4.5 Submission of authentic documents is the prime responsibility of the bidder. Wherever EIL/ MbPT has concern or apprehension regarding the authenticity / correctness of any document, EIL/ MbPT reserves a right of getting the document cross verified from the document issuing authority. 4.6 If a bidder is on Holiday/ Negative list of EIL/MbPT on due date of submission of bids / during the process of evaluation of the bids, the offer of such a bidder shall not be considered for bid opening/evaluation/award.
5.0 0Salient Features of PQ document 5.1 PQ document on website : 15.10.2015 to 06.11.2015 5.2 Pre – Bid meeting : 27.10.2015 at 14:30 Hrs
5.3 Cutoff date for Pre – Bid Queries 23.10.2015 5.4 Venue for pre-bid meeting : Conference room, Project Office, CE‟s Department, Mumbai Port Trust, Port Bhavan, Shoorji Vallabhdas Marg, Ballard Estate, Mumbai -400001 5.5 Last Date and Time for receipt of : 12:00 Hrs. (IST) on 6.11.2015. PQ Bids 5.6 Date and Time for opening of PQ : 14:00 Hrs (IST) on 06.11.2015 bids 5.7 Certified supporting document as : Rekha Choudahry, AGM (C&P), Engineers per 3.0 &4.0 above and Document India Limited, EI Bhawan, 10th Floor, 1, Fee to be submitted to BhikaijiCama Place, R.K. Puram, New Delhi-110066; Telephone: 91-11-2676- 3457/ 2382; E-mail: [email protected]/ [email protected]
6.0 Evaluation for Pre-Qualification of bids shall be carried out as specified in Pre- Qualification Document.
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7.0 Bidder submitting their PQ bid shall not be under liquidation, court receivership or similar proceeding.Bidder shall submit self-certificate in this regard. 8.0 Non-transferable Pre-Qualification Document can be down loaded from MBPT web site www.mumbaiport.gov.in ; EIL website http://tenders.eil.co.in or from Govt. Website http://eprocure.gov.in/eprocure/app.Request for sending the Document by post, courier or any other mode shall not be entertained. Bidders are required to pay the Document cost of INR 21,000/- (US $325) through a crossed Demand draft / Banker‟s cheque from any Scheduled/ Nationalised or International Bank having its branch at Mumbai drawn in favour of Board of Trustees of the Port of Mumbaipayable at Mumbaiat the time of submission of their Pre-Qualification Bid. PQ Bid without payment for cost of PQ Document may not be entertained.
9.0 There will be no sale of PQ document in physical form. However, following documents shall not be uploaded in the bidding document on above websites and the same have to be obtained by bidder in physical form from Owner/ EIL on request after submitting a duly signed NDA (non-disclosure agreement) (enclosed as annexure-B) in original:
Harbour layout
Harbour layout although not uploaded alongwith bidding document, shall form an integral part of bidding document. It shall be bidder‟s responsibility to collect the same from Owner / EIL. Any implication (cost/ time) due to default by bidder to collect the same, shall be bidder‟s account.
10.0 Bidders are required to submit their bids only in electronic from online through CPP portal http://eprocure.gov.in/eprocure/app in accordance with the instructions and terms & conditions of this RFQ Document before the final due date & time for bid submission and opened on the same day. Physical / Fax/ e-mail Bids shall not be accepted. However, following documents in addition to uploading with e-bid on the e-tendering website, shall also be submitted in Original physical form within the final due date & time for bid, to the address mentioned above: 1. Document cost in crossed Demand draft / Banker‟s cheque as per cl. 10.0 above. 2. Originally certified documents for meeting the Qualification Criteria (Technical & Commercial), as per cl. 3.0 &4.0 above. Submission of bid online is mandatory. In case bidder furnishes the physical documents as above, but bid is not submitted online at CPP portal http://eprocure.gov.in/eprocure/app within the bid due date and time, then physical document as submitted shall not be considered.
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11.0 PQ Bids duly filled with all information and supporting documents shall be submitted at Mumbai Port Trust Office. Bidders should ensure submission of complete information/ documentation in the first instance itself. Pre-Qualification may be completed based on the details so furnished without seeking any subsequent additional information. In absence of requisite documents, MbPT/ EIL reserve the right to reject the bid without making any reference to the bidder.
12.0 Downloading of PQ Document or/and submission of PQ Bids shall not be presumed as pre-Qualification or entitle the agencies to participate in the main bidding process.
13.0 MbPT will not be responsible for any costs or expenses incurred by the Bidder in connection with preparation or delivery of PQ Bids participating in discussions etc. including costs and expenses related with visits to the site.
14.0 MbPTtakes no responsibility for delay, loss or non-receipt of PQ bid sent by post/Courier.
15.0 MbPT reserves the right to reject any or all PQ Bids at their sole discretion without assigning any reason whatsoever.
16.0 Canvassing in any form by the Bidder or by any other Bidder on their behalf may lead to disqualification of their PQ Bid.
17.0 Clarifications, if any, may be obtained from the Chief Engineer, Civil Engineering Department, Mumbai Port Trust, 3rd Floor, Port House, Shoorji Vallabhdas Marg, Ballard Estate Mumbai – 400 001, Tel – 022-22611458, Fax- 022-22616804, Email : [email protected].
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ANNEXURE – A TO INVITATION TO PQ BIDS
NON DISCLOSURE AGREEMENT PQ Document no. : CE.JD5 – CD/2015
Name of the Work: Capital Dredging Works for the Project Of Fifth Oil Berth at Jawahar Dweep In Mumbai Harbour
Vendor Restricted Use and Non-Disclosure requirements – Confirmation of agreement
Mumbai Port Trust (MbPT)/ EIL through subject PQ document is, directly or indirectly, providing certain information/ documents/ data, etc. including harbour layout, to be used by the bidder in the preparation of the bid for the subject case.
In consideration of MbPT/ EIL issued to you the subject PQ document, you agree that:
(1) Such information/ documents will be used by you only in your preparation of a bid, and if selected for the execution of the subject work.
(2) You will limit dissemination of such information to only those of your employees who will be directly involved with such bid and/or supply and who are advised of and bound to abide by the obligations of this agreement, and except to EIL/ MbPT (and to your affiliates and subcontractors but only to the extent necessary for them to assist you with the Permitted Purpose, subject to the paragraph below), you will not disclose to others, duplicate or use in any other manner, Technical Information/ documents supplied to you; provided that such restrictions shall not apply with respect to any portion of such information (i) which corresponds in substance to that developed by you and in your possession prior to your receipt of same from us, (ii) which at the time of disclosure thereof by us to you is, or thereafter becomes through no act or failure to act on your part, part of the public domain by publication or otherwise.
Should you not be the successful bidder, you will promptly return to EIL or otherwise destroy (and certify such destruction in writing) all Technical Information furnished to you hereunder.
Agreed
On behalf of [add vendor full legal entity name]
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INSTRUCTIONS FOR PRE-QUALIFICATION BID SUBMISSION
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TABLE OF CONTENTS
Sl. No. Brief Description 1.0 INTRODUCTION 2.0 DEFINITIONS 3.0 SCOPE OF WORK 4.0 BRIEF DESCRIPTION OF THE BIDDING PROCESS 5.0 CORRUPT AND FRAUDULENT PRACTICES 6.0 TERMS AND CONDITIONS 7.0 PREPARATION / SUBMISSION OF PQ BIDS 8.0 PQ BID EVALUATION CRITERIA 9.0 PREQUALIFICATION CRITERIA 10.0 COMPLETION SCHEDULE 11.0 DEADLINE FOR SUBMISSION OF BID 12.0 LATE BIDS 13.0 OPENING OF BIDS 14.0 CLARIFICATION OF BIDS 15.0 DETERMINATION OF RESPONSIVENESS 16.0 SHORTLISTING AND NOTIFICATION
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1.0 INTRODUCTION
1.1 MbPT proposes to construct 5th Oil Jetty J5 adjacent to the existing J4 jetty in the Jawahar Dweep area of MbPT, to cater the fully laden Suez Max tankers. Accordingly, deepening and widening of the berth pocket is required in front of the 5th Oil (J5) jetty and also dredging is planned to carry out at the extension portion of the approach channel in front of 5th Oil (J5) jetty and at one of the anchorage area close to the Jetty (J5), as shown in the enclosed drawing(Drg.No.A812-000-12-42-1001).
1.2 Engineers India Ltd. (EIL), on behalf of Mumbai Port Trust (MbPT)invites bids for Pre- qualification of Bidders for the Capital Dredging works at J5 Oil Jetty, Jawahardweep, Mumbai Port in accordance with the requirements specified in the Pre-qualification (PQ) Document.
1.3 Engineers India Limited (EIL), New Delhi is Consultant for the Project.
2.0 DEFINITIONS
2.1 „Owner/ Client‟ shall mean Mumbai Port Trust (MbPT), a trust incorporated under MPT Act 1963.
2.2 „Consultant‟ shall mean Engineers India Ltd.(EIL), a company incorporated in India and having its registered Office at EI Bhawan, 1, Bhikaiji Cama Place, New Delhi – 110066 (India) and shall include its successors and assigns.
2.3 „Bidder‟ shall mean the agency that has submitted the PQ Bid in response to PQ Document.
2.4 „Pre-qualified Bidder‟ shall mean the Bidder who has been pre-qualified by Owner for issue of the Bidding Document.
2.5 „PQ Bid‟ shall mean the bid submitted by Bidder(s) for Pre-qualification, for issue of the Bidding Document for Capital Dredging works at J5 Oil Jetty, Jawahardweep, Mumbai Port, in response to this „PQ Document‟.
2.6 „Bid‟ shall mean the bid submitted by the Pre-qualified Bidder after issue of the Bidding Document.
2.7 „Bidding Document‟ shall mean the document issued to the Pre-qualified Bidder for submission of their Bid.
2.8 „Experience Criteria‟ shall mean the minimum experience criteria and other requirement as defined in Invitation for Pre-qualification.
2.8 „Financial Criteria‟ shall mean the minimum annual turnover criteria and other
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requirements mentioned in the „Invitation for Pre-qualification‟. 3.0 SCOPE OF WORK
The brief scope of work shall be as follows:
3.1 To mobilize Trailer Suction Hopper Dredger (TSHD) of total capacity of minimum 7000 m3 hopper capacity (Not exceeding two Nos.) to complete the scope of work to achieve the desired dredge levels as specified.
3.2 To mobilize requisite survey spread for carrying out the in-survey, out-survey, progress surveys etc. for monitoring and measurement of the dredging works, as per specification.
3.3 To carryout dredging in the Berth pocket area, Channel width extension area and Anchorage area and dumping at designated location as per the tender specifications within the proposed time schedule.
3.4 The berth pocket area is to be dredged to -19m CD, Channel extension to -13.5 m CD and Anchorage area to be dredged to -16m CD.
3.5 The extent of dredging at the Anchorage area will depend on the Simulation studies and Soil Investigation report which is expected to be completed shortly. . 4.0 Brief Description of the Bidding Process: 4.1 MbPT has adopted a two stage process (collectively referred to as “Bidding Process”) for selection of the bidder for award of the capital dredging work. The first stage i.e. “Pre- qualification” involves the Technical & Financial Qualification of interested parties who make an application in accordance with the provision of this bidding document for Pre- qualification. At the end of this stage, the owner will announce a shortlist of suitable qualified bidders who shall be eligible for participation in the second stage of the Bidding Process i.e. Price Bid comprising bid security deposit, tender form, schedule of rates. 4.2 Only those bidders that are technically & financially qualified and short-listed by the owner shall be invited to submit the price bids. In terms of Price Bid, the bidders will be required to submit the bid security deposit of requisite amount along with its price bid, in a separate envelope. The price bid of only those qualified bidders who have submitted requisite bid security, will be opened. Owner will award the contract to successful bidder whose bid has been determined to be eligible and responsive to bid document and who has offered the lowest evaluated price. 5.0 CORRUPT AND FRAUDULENT PRACTICES The Owner requires that Bidders/ Vendors/ Contractors observe the highest standard of ethics during the award/ execution of Contract. "Fraudulent Practice" means a misrepresentation of facts in order to influence the award of a Contract to the detriment of the Owner, and includes collusive practice among bidders (prior to or after bid
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submission) designed to establish bid prices at artificial non-competitive levels and to deprive the owner of the benefits of free and open competition. a) The owner will reject a proposal for award if it determines that the bidder recommended for award has engaged in fraudulent practices in competing for the Contract in question. Bidder is required to furnish the complete and correct information/ documents required for evaluation of their bids. If the information/ documents forming basis of evaluation is found to be false/ forged, the same shall be considered adequate ground for rejection of bids and forfeiture of Bid Security. b) In case, the information/ document furnished by the Bidder/ Vendor/ Contractor forming basis of evaluation of his bid is found to be false/ forged after the award of the contract, Owner shall have full right to terminate the contract and get the remaining job executed at the risk & cost of such Bidder/ Vendor/ Contractor without any prejudice to other rights available to Owner under the contract such as forfeiture of CPBG/ Security Deposit, withholding of payment etc. c) Incase, this issue of submission of false documents comes to the notice after execution of work, Owner shall have full right to forfeit any amount due to the Bidder/ Vendor/ Contractor along with forfeiture of CPBG/ Security Deposit furnished by the bidder/vendor/ contractor. d) Further, such bidder/ vendor/ contractor shall be put on Blacklist/ Holiday/ Negative List of owner debarring them from future business with Owner for a time period, as per the prevailing policy in EIL /Owner. 6.0 TERMS AND CONDITIONS
6.1 COST OF BIDDING
The bidder shall bear all costs associated with the preparation or submission of its PQ Bid, participating in discussions etc. including costs and expenses related with visits to the site(s). MbPT/EIL will in no case be responsible or liable for those costs and expenses regardless of the outcome of the Bidding process.
6.2 LANGUAGE OF PQ BIDS
The PQ Bid and all correspondence incidental and related to PQ Bid shall be in English language. Any printed literature and document submitted in any other language should be accompanied by authenticated English translation, in which case, for purpose of interpretation of the PQ Bid, English translation shall govern. Responsibility for correctness in translation shall lie with the Bidder.
6.3 COST OF MAIN BIDDING DOCUMENT
Non-transferable PQ Document shall be issued to biddersonline through websites (www.mumbaiport.gov.in/ http://tenders.eil.co.in/ http://eprocure.gov.in/eprocure/app) and bidders will be required to furnish the non-refundable document fee prescribed inline with Invitation for PQ, alongwith PQ bid.
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6.4 OWNER‟S RIGHT 6.4.1 MbPT/ EIL reserve its right to call for clarifications/original of the supporting document for verification, as deemed fit and also to cross check for any details as furnished by the Bidder(s) from past-executed projects/clients/consultants etc. Bidder(s) shall have no objection whatsoever in this regard. 6.4.2 MbPT/ EIL reserve right for acceptability of the Bidder's Bank, for Contract cum Performance Bank Guarantee, which are required to be submitted by Successful Bidder after award of work. 6.4.3 All the details/documents submitted along with PQ Bid and which have been considered for pre-qualification and the minimum commitments from Bidder shall remain valid and in case of successful Bidder, such commitments may form part of Contract Document. 6.4.4 In-house work experience shall not be considered as valid experience for the purpose of Pre-Qualification.
A job executed by a bidder for its own plant/projects cannot be considered as experience for the purpose of meeting requirement of PQ of the tender. However, jobs executed for Subsidiary/ Fellow subsidiary/ Holding company will be considered as experience for the purpose of meeting PQ subject to submission of tax paid invoice(s) duly certified by Statutory Auditor of the bidder towards payments of statutory tax in support of the job executed for Subsidiary/ Fellow subsidiary / Holding company. Such bidders to submit these documents in addition to the documents specified in the PQ document to meet PQ.
6.5 CLARIFICATION OF THE BIDDING DOCUMENTS:
The Bidders are advised to examine the PQ Document carefully and if there be or appear to be any ambiguity or discrepancy in the documents, or any clarifications are needed; these shall be sent to the AGM (C&P)-EIL & Chief Engineer- MbPT, so as to reach him at least 03 (three) days before the date fixed for the pre-bid meeting. It is to be noted that no queries, clarifications will be answered after the pre-bid meeting.
6.6 PRE BID MEETING
A prebid meeting will be held in the Conference room, Project Office, CE‟s Department, Mumbai Port Trust, to clarify any queries on the PQdocument. This meeting will be held on the date on 1430 Hrs (IST) of 27.10.2015.
Bidders in their own interest are advised to take part in the pre-bid meeting seriously by issuing their genuine queries after going through the entire PQ Document and also by attending the pre-bid meeting by their competent personnel. The Bidders are requested to submit any questions relating to the PQ document in writing or by email in editable word format as enclosed in Exhibit-11. Bidder shall submit their queries strictly within cut-off date after which, EIL/ owner shall reserve the right not to entertain any queries.
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In case any bidder does not attend the pre bid meeting, it shall be understood that the bidder has a clear understanding of the scope, terms & conditions of the PQ document and does not have any comments/ deviations to the requirements of the PQ Document. Conclusion agreed in this meeting shall be uploaded as “Record Notes of Pre-bid Meeting / Reply to Pre-bid Queries” on EIL/ MbPT websites. Record Notes of Pre-bid Meeting/Reply to Pre-bid Queries shall be considered as part of PQ document.
6.7 AMENDMENT OF PQ DOCUMENTS
Any modification of the PQ documents as a result of the pre-bid meeting shall be made exclusively through the issue of addendum. Any addendum thus issued shall be part of the PQ documents. Such addenda will be numbered and it shall be submitted by the Bidders as part of their Bid. The Addendum can be downloaded from official website of MbPT/EIL. No Press notification for any amendment will be issued. Accordingly, bidders should regularly visit these websites to keep themselves updated.
7.0 PREPARATION/SUBMISSION OF PQ BIDS
7.1 PQ BID REQUIREMENTS
7.1.1 Bidder is required to submit complete PQ Bid and in the format as given in Checklist enclosed separately in order to achieve the objective of maintaining uniform PQ Bid structure from all the Bidders. These requirements must be adhered to by all the Bidders.
7.1.2 The Prequalification requirements are explicitly stated in this Document. Bidder is required to study these requirements in detail & make a PQ Bid as defined above completely meeting these requirements. The PQ Bid must be complete in all respect leaving no scope for ambiguity.
7.1.3 The PQ Bid shall be submitted with all details as per checklist.
7.2 BID SECURITY 7.2.1 Pre-qualified bidder shall be required to furnish Bid Security alongwith their priced bid, in form of a BG and, in the amount and currency as specified in the bidding document for priced bid (i.e., during 2nd stage of bidding process).
7.3 DOCUMENTS COMPRISING THE PQ BID Electronic Bids (e-bid) as detailed below shall be submitted in e-tendering portal in accordance with the instructions and terms & conditions enclosed as Appendix – A to ITB.
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7.3.1 ELECTRONIC PQ BID TO BE SUBMITTED ONLINE E-bid to be submitted online shall consist of following documents: (a) Bid Covering letter (b) Scanned copy of Document Fee (to be uploaded in “FEE FOLDER” in e-tendering portal). (c) Scanned copy of documents submitted in original as per Clause 7.3.2 of ITB for meeting the pre-qualification criteria; (d) Scanned Copy of Power of Attorney in favour of person (s) digitally signing the bid that such person (s) is/are authorised to sign the bid on behalf of the bidder and any consequence resulting due to such signing shall be binding on the bidder; (e) Experience details as per Exhibit-1 (f) Details of Past experience details during the last 07 years as per Exhibit-2. (g) Financial details as per Exhibit-3. (h) Companies Organisation Detailsand Organisation Chart as per Exhibit-4 and Exhibit-5, respectively. (i) Details of specialists Engineers in various fields having experience in dredging and reclamation works. (j) Information for Seeking Security Clearanceas per Exhibit-6 (k) Information about bidder as per Exhibit-7 (l) Project Execution Plan Bidder shall furnish their proposed Methodology of execution for the work as per Exhibit-8. Also please furnish the following details:
i. Dredging schedule ii. Details of Dredging spread iii. Details of Survey spread along with equipment (m) Compliance to Bid requirement as per Exhibit-9; (n) Self certificate as per Exhibit-10 regarding bidder not being under Liquidation, Court receivership or similar proceedings, Current Litigation/ Arbitration and Black listing/ Holiday listing. Note: The above shall be uploaded in “PREQUAL/ TECHNICAL” folder in e-tendering portal. 7.3.2 SUBMISSION OF PHYSICAL DOCUMENTS (DOCUMENT FEE/ DOCUMENTATION AGAINST BQC) The following documents shall be submitted in original on or before the bid due date and time, mentioned in the Invitation for Pre-qualification or any extension thereof as duly notified in writing by EIL/ Client:
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a) Document cost in crossed Demand draft / Banker‟s cheque as per cl. 8.0 of Invitation for Pre-qualification. b) Originally certified documents for meeting the Qualification Criteria (Technical & Financial), as per cl. 3.0 & 4.0 of Invitation for Pre-qualification. Note: 1. Scanned copy of Document cost shall be uploaded in “FEE FOLDER” in e-tendering portal. 2. All above PQ documents shall be submitted in one original and two copiesat the following address:
Rekha Choudahry, AGM (C&P), Engineers India Limited, EI Bhawan, 10thFloor, 1, Bhikaiji Cama Place, R.K. Puram, New Delhi-110066; Telephone: 91-11-2676-3457/ 2382; E-mail: [email protected]/ [email protected]
7.3.3 Salient information to be submitted by Bidder(s) is mentioned under para 7.4 to 7.8 below.
7.4 EXPERIENCE DETAILS
7.4.1 Bidder shall furnish their Experience Details in line with Technical Criteria mentioned under clause 3.0 of document „Invitation of Pre-qualification‟. The experience details of all such works, which Bidder considers are meeting experience criteria along with copy of detailed work order/Notification for award of work/contract document and copy of proof of completion, shall be submitted as per Exhibit-1.
7.4.2 Bidder shall also furnish the experience details of other similar works as per Exhibit-2.
7.5 FINANCIAL DETAILS
Bidder shall furnish the following:
(i) All information as per Exhibit-3.
(ii) Audited balance sheets or financial statement for the three preceding years.
7.6 COMPANY'S ORGANISATIONAL DETAILS
Bidder shall specify whether the Company is Affiliate Company or Parent company as per Exhibit-4. Proposed organisation chart shall be furnished as per Exhibit-5.
7.7 QUALIFICATION AND EXPERIENCE OF TECHNICAL PERSONNEL
Please furnish details of specialists Engineers in various fields having experience in
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dredging works.
7.8 PROJECT EXECUTION PLAN
Bidder shall furnish their proposed Methodology of execution for the work as per Exhibit- 8. Also please furnish the following details:
a) Dredging schedule b) Details of Dredging spread c) Details of Survey spread along with equipment
8.0 PQ BID EVALUATION CRITERIA
8.1 Bidder seeking pre-qualification shall meet the Minimum Bid-qualification Criteria defined in the document „Invitation of pre-qualification‟.
8.2 While evaluating the Bidder‟s conformity with Technical criteria defined in the document „Invitation of pre-qualification‟, the following consideration shall be applied:
(i) Only such works shall be taken into consideration, the details of which have been submitted by the Bidder as per Exhibit-1 along with copy of work order/notification for award and copy of proof of completion.
(ii) Copy of work order/notification for award of work is a mandatory document, which establishes that the Bidder has been awarded a work, which is claimed to be meeting the Technical Criteria.
(iii) Submission of adequate proof of Completion, which establishes that the work under reference has been completed.
(iv) Submission of all originally certified PQ documents as per cl. 3.0 & 4.0 of Invitation for PQ
(v) Incase, these mandatory documents are not enclosed with Exhibit-1 such work shall not be considered in evaluation for meeting the Technical Criteria.
8.3 MbPT/ EIL will examine the PQ Bids for completeness and authenticity including whether the documents have been signed, whether they are complete and whether the details furnished are generally in order.
8.4 MbPT/EIL reserve the right not to seek any additional information/clarification on documents submitted in support of Pre-qualification requirements and evaluate the PQ Bids on "As Received Basis".
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8.5 FINANCIAL
Bidder is required to be financially sound for executing the work covered under the scope of work. Bidder shall meet the Financial Criteria as defined in the document „Invitation of pre-qualification‟.
For Foreign bidders annual turnover indicated in foreign currencies other than US $ shall be converted to US $ at the exchange rate indicated in the annual report and if not indicated in the annual report, then exchange rate as applicable on last date of the respective accounting year shall be considered. Agency shall indicate the authenticated exchange rate(s) obtained from bank in their PQ Bid, as applicable.
8.6 MbPT/EIL'S RIGHT TO ACCEPT ANY PQ BID AND REJECT ANY OR ALL PQ BIDS
MbPT/ EIL reserves the right to accept or reject any PQ Bid and to annul the Bidding process and reject all PQ Bids at any time without thereby incurring any liability to the affected Bidder(s) or any obligation to inform the affected Bidder(s) of the grounds for the Owner's action.
8.7 CONTACTING THE MbPT/ EIL
No Bidder shall contact the MbPT/EIL on any matter relating to its PQ Bid from the time of submission of PQ Bid, unless requested so in writing. Any effort by a Bidder to influence the OWNER/EIL in the Owner's decisions in respect of PQ Bid evaluation will result in the rejection of that Bidder's PQ Bid.
9.0 PRE-QUALIFICATION CRITERIA
Pre-qualification criteria defined in document „Invitation for Pre-qualification‟ shall be applicable.
10.0 COMPLETION SCHEDULE
Completion schedule for the work is 7 (seven) Months including mobilisation from the date of award.
11.0 DEADLINE FOR SUBMISSION OF BIDS Bidders shall submit their bids electronically in the e-tendering portal, within the date and time specified in IFB. Bidders submitting bids electronically shall follow the electronic bid submission procedures, enclosed as Appendix-I to this ITB. Owner/ EIL may, at its discretion, extend the deadline for the submission of bids by amending the Bidding Documents in accordance, in which case all rights and obligations of Owner/ EIL and bidders previously subject to the deadline shall thereafter be subject to the deadline as extended.
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12.0 LATE BIDS E-tendering system shall close immediately after the deadline for submission of bid. Any bids being submitted in physical form (other than documents required to be submitted in physical from as per cl. 7.3.2) shall not be considered for opening / evaluation. In the event the Document Fee in original, in accordance with 7.3.2 above, are not submitted within the deadline for submission of bids, the bids shall be declared late and shall not be considered for opening, notwithstanding the fact that the bid has been submitted in electronic form within the deadline.
13.0 OPENING OF BIDS EIL & MbPT will open the bids received online at EIL, New Delhi office, at the specified date and time given in the PQ document or extended date, if any. EIL shall verify the availability of requisite document fee, in original, prior to opening of e-Bid. Techno- commercial e-Bid of those bidders shall be considered for opening, who have already submitted the requisite Document fee, in accordance with Invitation for pre-qualification, in original, prior to due date and time for submission of Bids. On scheduled date and time of bid opening, (a) Original Document Fee & other original documents submitted in physical form shall be opened first and verified that whether Document Fee has been furnished as per the requirement. (b) Upon meeting the requirement of Document Fee as per Clause 7.3.2 above, online opening of e-bid shall be processed on the e-Procurement module of the e-tendering portal. (c) If a bidder has not complied with Document Fee requirement b) above, such bidder‟s e-bid is not proceeded for further opening and rejected out rightly. The bidders who have submitted their bid will be able to view online the name & status of all the bidders at their respective windows, after unpriced bid opening by EIL. Accordingly, online opening as above, will be deemed as opened in public and there will be no separate public opening. Hence, bidders will not be called during opening of the PQ bids.
14.0 CLARIFICATION OF BIDS 14.1 Bidders should ensure that the Bid submitted is substantially responsive Bid in the first instance itself. Evaluation may be completed based on the content of the Bid itself without seeking any subsequent additional information which may result in rejection of Bid. However, MbPT/ EIL may, at its discretion, may request bidder to submit the necessary information or documentation, within a reasonable period of time, to withdraw the deviation, reservation, or rectify omission in the bid related to documentation requirements. MbPT/ EIL‟s request for clarification and the response shall be in writing. 14.2 Any clarification submitted by a bidder that is not in response to a request by MbPT / EIL shall not be considered. Failure of the bidder to comply with the request may result in the rejection of its Bid.
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14.3 If a bidder does not provide clarifications of its bid by the date and time set in MbPT / EIL‟s request for clarification, its bid shall be evaluated with available information which may result in rejection of their bid. 15.0 DETERMINATION OF RESPONSIVENESS
15.1 EIL‟s determination of a bid‟s responsiveness is to be based on the contents of the bid itself, as defined in Clause 7.0 above and subsequent clarifications, if any, as per clause 14.0 above. 15.2 MbPT/ EIL will examine the PQ Bids for completeness and authenticity including whether the documents have been signed, whether they are complete and whether the details furnished are generally in order. 15.3 A substantially qualified bid is one that meets the Pre-qualification requirements of this PQ Documents. 15.4 A substantially acceptable bid is one that meets the requirements of the Bidding Documents without any deviation. 16.0 SHORT LISTING AND NOTIFICATION
After the evaluation of BIDS, MbPT would announce a shortlist of qualified Bidders in writing. Owner would also notify the unsuccessful bidders about the result of the evaluation. The price bids will be invited from the shortlisted bidders only.
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Instructions to Bidders for e-Tendering [APPENDIX-A TO INSTRUCTIONS TO BIDDER]
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1.0 INSTRUCTIONS TO BIDDERS FOR E-TENDERING The bidders are required to submit soft copies of their bids electronically on the CPP Portal (URL: http://eprocure.gov.in) only, using valid Digital Signature Certificates. The instructions given below are meant to assist the bidders in registering on the CPP Portal, prepare their bids in accordance with the requirements and submitting their bids online on the CPP Portal. Various links such as “Help for Contractor”, “Information about DSC”, “FAQ”, “Resources Required”, “Bidders Manual Kit” etc. are available on home page of http://eprocure.gov.in/eprocure/app facilitating vendors to participate in the bidding process. Bidder are advised to download & utilize the available information/documents under these links for activities like Registration in CPPP, obtaining User ID & Password, uploading & submission of e-bids etc. Bidders are advised in their own interest to carefully go through Instructions for E-tendering and other related document available against various help links so as to ensure that bids are uploaded in E-tendering website well before the closing date and time of bid submission. More detailed information useful for submitting online bids on the CPP Portal may be obtained at: https://eprocure.gov.in/eprocure/app. 2.0 REGISTRATION 2.1 Bidders are required to enroll on the e-Procurement module of the Central Public Procurement Portal (URL: https://eprocure.gov.in/eprocure/app) by clicking on the link “Click here to Enroll” on the CPP Portal, free of charge. 2.2 As part of the enrolment process, the bidders will be required to choose a unique username and assign a password for their accounts. 2.3 Bidders are advised to register their valid email address and mobile numbers as part of the registration process and submit in EIL tender portal for updation of records (http://tenders.eil.co.in). These details would be used for any communication from the CPP Portal. 2.4 Upon enrolment, the bidders will be required to register their valid Digital Signature Certificate (DSC) (Class II or Class III Certificates with signing key usage) issued by any Certifying Authority recognized by CCA India (e.g. Sify / TCS / nCode / eMudhra etc.), with their profile. 2.5 Foreign Bidders have to refer “DSC details for foreign Bidders” for Digital signature Certificates requirements which comes under Download Tab at https://eprocure.gov.in/eprocure/app and the remaining part is same as above and below. 2.6 Only one valid DSC should be registered by a bidder. Please note that the bidders are responsible to ensure that they do not lend their DSC‟s to others
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which may lead to misuse. 2.6 Bidder then logs in to the site through the secured log-in by entering their user ID / password and the password of the DSC / e-Token. 3.0 SEARCHING FOR BIDDING DOCUMENTS 3.1 There are various search options built in the CPP Portal, to facilitate bidders to search active tenders by several parameters. These parameters could include Tender ID, organization name, location, date, value, etc. There is also an option of advanced search for tenders, wherein the bidders may combine a number of search parameters such as organization name, form of contract, location, date, other keywords etc. to search for a tender published on the CPP Portal. 3.2 Once the bidders have selected the tenders they are interested in, the same can be moved to the respective „My Tenders‟ folder. This would enable the CPP Portal to intimate the bidders through SMS / e-mail in case there is any corrigendum issued to the Bidding Document. 3.3 The bidder should make a note of the unique Tender ID assigned to each tender, in case they want to obtain any clarification / help from the Helpdesk. 4.0 PREPARATION OF BIDS 4.1 Bidder should take into account any corrigendum published on the bidding document before submitting their bids. 4.2 Please go through the tender advertisement and the bidding document carefully to understand the documents required to be submitted as part of the bid. Please note the number of covers in which the bid documents have to be submitted, the number of documents - including the names and content of each of the document that need to be submitted. Any deviations from these may lead to rejection of the bid. 4.3 To avoid Network congestion, Bidder is recommended to upload file size of up to Maximum 35 MB per part. However, in case file size exceeds 35 MB, bidder may compress the files by scanning with 75 dpi setting as per s.no 4 below and can use additional 25 MB space (“My Documents”) provided to the bidder as per s.no 5 below. 4.4 Bidder, in advance, should get ready the bid documents to be submitted as indicated in the Bidding Document and generally, they can be in PDF / XLS / RAR / DWF formats. Bid documents may be scanned with 100 dpi with black and white option. However, Price Schedule / SOR shall be strictly in RAR format without altering any contents of the formats uploaded by EIL in their Bidding Document. 4.5 To avoid the time and effort required in uploading the same set of standard documents which are required to be submitted as a part of every bid, a
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provision of uploading such standard documents (e.g. PAN card copy, annual reports, auditor certificates etc.) has been provided to the bidders. Bidders can use “My Space” area available to them to upload such documents. These documents may be directly submitted from the “My Space” area while submitting a bid, and need not be uploaded again and again. This will lead to a reduction in the time required for bid submission process. 5.0 SUBMISSION OF BIDS 5.1 Bidder should log into the site well in advance for bid submission so that he/she upload the bid in time i.e. on or before the bid submission time. Bidder will be responsible for any delay due to other issues. 5.2 The bidder has to digitally sign and upload the required bid documents one by one as indicated in the bidding document. 5.3 The e-bid shall be digitally signed (e-signed) using the digital signature of a person duly authorised to sign on behalf of the bidder. The digital signature used for signing the bid shall be issued in the name of such authorised person and the certificate details, available from the signed documents, should indicate the details of the signatories. All documents/files of the bid shall be signed by using the digital signature issued in the name of the person having valid Power of Attorney (POA) at the time of bid submission. Any consequences resulting due to such signing (e-signing) shall be binding on the bidder.
5.4 Bidder has to select the payment option as “offline” to pay the document fee / EMD as applicable and enter details of the instrument. 5.5 Bidder should prepare the DocumentFee/ EMD as per the instructions specified in the Bidding Document. The original should be posted/couriered/given in person to the address given in the Invitation for Pre-qualification, within the final bid due date & time. The details of the DD/any other accepted instrument, physically sent, should tally with the details available in the scanned copy and the data entered during bid submission time. Otherwise the uploaded bid will be rejected. 5.6 The server time (which is displayed on the bidders‟ dashboard) will be considered as the standard time for referencing the deadlines for submission of the bids by the bidders, opening of bids etc. The bidders should follow this time during bid submission. 5.7 All the documents being submitted by the bidders would be encrypted using PKI encryption techniques to ensure the secrecy of the data. The data entered cannot be viewed by unauthorized persons until the time of bid opening. The confidentiality of the bids is maintained using the secured Socket Layer 128 bit encryption technology. Data storage encryption of sensitive fields is done. 5.8 The uploaded Bidding Documents become readable only after the tender
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opening by the authorized bid openers. 5.9 Upon the successful and timely submission of bids, the portal will give a successful bid submission message & a bid summary will be displayed with the bid no. and the date & time of submission of the bid with all other relevant details. 5.10 The bid summary has to be printed and kept as an acknowledgement of the submission of the bid. This acknowledgement may be used as an entry pass for any bid opening meetings. 6.0 RETENDER Please note that if Tender has been retendered, than it is mandatory for the bidder to submit their offer again on CPP Portal. 7.0 WITHDRAWAL OF BID It may please be noted that bidders now have an additional feature of withdrawing their bids before due date and time. After submitting the bid on the CPP Portal, if the bidder wishes to withdraw his bid, he can do so. However, if the bidder withdraws his bid, he will be exempted from further participation in the tender and won‟t be able to submit his bid again for that particular tender.
8.0 LATE BIDS E-tendering system shall close immediately after the deadline for submission of bid. Any bids being submitted in physical form (other than documents required to be submitted in physical from as per Invitation for pre-qualification) shall not be considered for opening / evaluation / award and will be returned to such bidders. In the event the Document Fee in original, in accordance with Invitation for pre- qualification, are not submitted within the deadline for submission of bids, the bids shall be declared late and shall not be considered for opening, notwithstanding the fact that the bid has been submitted in electronic form within the deadline.
9.0 ASSISTANCE TO BIDDERS Any queries relating to the Bidding Document and the terms and conditions contained therein should be addressed to the Tender Inviting Authority or the relevant contact person indicated in the tender. Any queries relating to the process of online bid submission or queries relating to CPP Portal in general may be directed to the 24x7 CPP Portal Helpdesk. The contact number for the helpdesk is 1800 233 7315.
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GENERAL CONDITIONS OF CONTRACT (Shall Be)
FEDERATION INTERNATIONAL DES INGENIEURS-CONSEILS FOURTH EDITION, 1987 Reprinted 1992 with further Amendments
CONDITIONS OF CONTRACTS FOR WORKS OF CIVIL ENGINEERING CONSTRUCTIONS
PART- I GENERAL CONDITIONS WITH FORMS OF TENDER & AGREEMENT
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Mumbai Port Trust (MbPT) Conditions of Particular Application Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 Document No.: CE.JD5 – CD/2015 Page 30 of 108 ______PART II Conditions of Particular Application The Conditions of Contract shall be Part I : 1992 with further Amendments (hereinafter called the General Conditions) as modified or added to by the following – CONDITIONS OF PARTICULAR APPLICATION which shall be read and construed with the General Conditions as if they were incorporated therewith.
In so far as any of the CONDITIONS OF PARTICULAR APPLICATION may conflict or be inconsistent with any of the GENERAL CONDITIONS, the CONDITIONS OF PARTICULAR APPLICATION shall prevail.
Sub-Clause 1.1 Definitions
(a). (i) The Employer is “The Board of Trustees of the Port of Mumbai”, as incorporated by Major Port Trust Act 1963, as amended by Major Port Trusts (Amendment) Act, 1974, acting through its Chairman, Deputy Chairman, Chief Engineer, Project Director or any other Officer so nominated by the Board.
(iv) The Engineer is
Chief Engineer Mumbai Port Trust 3rd floor, Port Bhavan Shoorji Vallabhdas Marg, Ballard Estate, Mumbai -400 001
(b). (v) Add the following words at the end: “The word „Tender‟ is synonymous with „Bid‟, and the words „Appendix to Tender‟ with „Appendix to Bid‟, and the words „Tender Documents‟ with „Bid Documents‟.” (g) Add the following paras (i) Add at the end, “The cost shall be considered as lump sum amount quoted in the Bill of Quantities”. (v) ”week” means a period of seven (7) days (vi) ”week”, “month” and “year” and all dates shall be calculated according to the Gregorian Calendar.
Sub-Clause 2.1 Engineer‟s Duties and Authority
Add the following at the end of Sub-Clause 2.1 (b) The Engineer shall have to obtain the specific approval of the Employer/Employer‟s Representative before taking any of the following actions: (i). Approving subcontracting of any part of the Works under clause 4.
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(iii). Determining an extension of time under Clause 44 and pursuant to Clauses 6.4, 12.2, 27.1 and 42.2
(iv). Issuing a variation order under clause 51.
(v). Fixing rates or prices under clause 52 and 53.
(vi). Issuing taking over certificates under clause 48
(vii). Issue of instructions for the execution of the Works or supply of goods, material, clients or services as contemplated under clause 58.2
(viii). Decide in the entitlement for additional cost for provisional sum under Clause 58.1
(ix). Determining additional price due to damage to Works by special risks under clause 65
(x). Issue of Defect Liability Certificate under Clause 62.1
(xi). Determining addition/deduction in cost due to subsequent legislation under clause 70.2
(xii). Issuing an order for suspension under Clause 40.
(xiii). Appointing Independent Inspector under clause 37.5
(xiv). Issuing Instruction to the Contractor for removal of improper works, materials or Plant under clause 39.1
(xv). Payment terms under Clauses 60
Add following as 2.1 (d)
“Notwithstanding the obligation, as set out above, to obtain approval, if, in the opinion of the Engineer, an emergency occurs affecting the safety of life or of the Works or of adjoining property, he may, without relieving the Contractor of any of his duties and responsibilities under the Contract, instruct the Contractor to execute all such work or to do all such things as may in the opinion of the Engineer, be necessary to abate or reduce the risk. The Contractor shall forthwith comply, despite the absence of approval of the Employer, with any such instruction of the Engineer. The Engineer shall determine an addition to the Contract Price, in respect of such instruction, in
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Sub-Clause 4.2 Subcontractor‟s obligations
Delete the words “for a period exceeding that of Defect liability period under the Contract” and replace with “beyond the date of issuing Taking over Certificate”
Sub-Clause 5.1 Language and Law
(a) The Contract document shall be drawn up in English language and all further correspondence, drawings, documents and any written matter relating to this Contract shall be in English only. (b) The Law is that in force in India. The Contractor shall submit to jurisdiction of the courts situated at MUMBAI for the purpose of actions and proceedings arising out of the Contract and the courts at MUMBAI only will have jurisdiction to hear and decide such actions and proceedings.
Delete “if the said documents … Ruling Language.”
Sub-Clause 5.2 Priority of Contract Documents
Delete the documents listed 1 to 6 and substitute:
1) The Contract Agreement (if completed); 2) The Letter of Acceptance; 3) Post bid correspondences and any other document forming part of contract; 4) Tender and the Appendix to Bid; 5) Conditions of Contract Part II - Particular Application; 6) Special Applications 7) Conditions of Contract Part I - General Conditions 8) Technical Specifications 9) The Drawings; Schedules and Appendices
Sub-Clause 6.1Custody and Supply of Drawings and Documents
Replace “Defects Liability Certificate” in line 6 para 1 by “Taking Over Certificate”.
Sub-Clause 6.4 Delays and Cost of Delay of Drawings
Delete para (b)
Sub-Clause 7.2 Permanent Works Designed by Contractor
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Delete para (b)
Sub-Clause 9.1Contract Agreement
The Form of Agreement is annexed as Annexure I of price bid document.
Sub-Clause 10.1 Performance Security
Add the following para after the existing one in sub clause 10.1
Performance security in the form of a bank guarantee shall be issued either by a Scheduled / National or International Bank having its branch at Mumbai. The Format of Bank Guarantee for Performance Security is annexed in Annexure III of price bid document.
Sub-Clause 10.2 Period of Validity of Performance Security
The entire text of the existing sub-clause shall be replaced by the following: The requisite performance security for capital dredging shall be submitted within the period stipulated in Appendix to Bid after the receipt of the Letter of Acceptance (LOA) and shall be valid up to 6 months beyond the date of taking over certificate. Separate performance security shall be furnished for maintenance dredging work before release of the performance security for capital dredging work. The performance security of capital dredging shall be returned to the Contractor within 14 days after the submission of the performance security for maintenance dredging.
Sub-Clause 11.1 Inspection of Site
Substitute the existing Sub-Clause with the following:
The Employer shall have made available to the contractor, before the submission by the Contractor of the Tender, such data on hydrological and sub-surface conditions as have been obtained by or on behalf of the Employer from investigations undertaken relevant to the Works but the Contractor shall be responsible for his own interpretation thereof. The Contractor shall be deemed to have inspected and examined the Site and its surroundings and information available in connection therewith and to have satisfied himself (so far as is practicable, having regarding to considerations of cost and time) before submitting his Tender, as to :
(a) the form and nature thereof, including the sub-surface conditions,
(b) the hydrological and climatic conditions,
(c) the extent and nature of work and materials necessary for the execution and completion of the Works and the remedying of any defects therein, and
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Mumbai Port Trust (MbPT) Conditions of Particular Application Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 Document No.: CE.JD5 – CD/2015 Page 34 of 108 ______(d) the means of access to the Site and the accommodation he may require and, in general, shall be deemed to have obtained all necessary information, subject as above mentioned, as to risks, contingencies and all other circumstances which may influence or affect his Tender. The Contractor shall be deemed to have based his Tender on the data made available by the Employer and on his own inspection and examination, all as aforementioned.
Add new Sub Clause 11.2
Sub-Clause 11.2 Access to Data
“Data made available by the Employer in accordance with Sub-Clause 11.1 shall be deemed to include data listed elsewhere in the Contract as open for inspection at the address stipulated in the Appendix to Bid.
Sub-Clause 12.2 Not Foreseeable Physical Obstructions or Conditions
Delete the words “other than climatic conditions on the Site” in line 2
Sub-Clause 14.1 Program to be submitted
“The time within which the program shall be submitted shall be the number of days stipulated in the Appendix to Bid.”
Sub-Clause 14.3 Cash Flow Estimate to be submitted
The time within which the detailed cash flow estimate shall be submitted shall be the number of days specified in the Appendix to Bid.
Add the following Sub-Clauses 14.5 & 14.6
Sub-Clause 14.5 Calculations, etc
The Contractor shall submit all information, calculations, working method and other data required by the Conditions of Contract, Specifications and Schedules.
Sub-Clause 14.6 Calculations, etc for Temporary Works
The Contractor shall submit for approval full details, drawings and calculations for the design of any Temporary Works which he proposes to construct, not less than 28 days before work on the erection of any such Temporary Works commences at the Site. Such approval shall not relieve the Contractor of any of his responsibilities in connection with the Works or Temporary Works.
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Add the following Sub-Clause 15.2:
Sub-Clause 15.2 Language Ability of Contractor‟s Representative “If the Contractor‟s authorized representative is not, in the opinion of the Engineer, fluent in the language specified in the Appendix to Bid, the Contractor shall have available on Site at all times a competent interpreter to ensure the proper transmission of instructions and information.”
Add the following Sub-Clause 16.3: Sub-Clause 16.3 Language Ability of Superintending Staff “A reasonable proportion of the Contractor‟s superintending staff shall have a working knowledge of the language specified in the Appendix to Bid, or the Contractor shall have available on Site at all times a sufficient number of competent interpreters to ensure the proper transmission of instructions and information.”
Add the following Sub-Clause 16.4:
Sub- Clause 16.4 Engagement of Local personnel The Contractor is encouraged, to the extent practicable & reasonable, to employ staff & labour from sources within India.
Add the following Sub-Clause 17.2:
Sub-Clause 17.2 Notice to Engineer The Contractor shall give to the Engineer not less than 48 (Forty Eight) hours notice of his intention to set out or give levels for any part of the Works so that timely arrangement may be made for checking or issuing instructions. He shall indicate therein by which date the information, if any is required by him.
Sub-Clause 18.1 Boreholes and Exploratory Excavation Exploratory excavation/boreholes (if any) has been included in the Bill of Quantities.
Sub-Clause 19.1 Safety, Security and Protection of Environment (c ) Sub clause 19.1(c) is amended as follows: “implement and execute measures to protect the environment on and off the site and to avoid damage or nuisance to persons or to the property of public or others resulting from pollution, noise or other causes arising as a consequence of his methods of operations, in accordance with a detailed Environmental Management Plan prepared by the Contractor to the satisfaction of the Engineer and Ministry of Environment and Forests, provided that the Contractor cannot be held liable under this sub-clause as a consequence of causes arising from normal dredging operations”
Add the following sub-para (d), (e) and (f) to Sub-Clause 19.1
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Mumbai Port Trust (MbPT) Conditions of Particular Application Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 Document No.: CE.JD5 – CD/2015 Page 36 of 108 ______(d) All lights provided by the Contractor shall be screened so as not to interfere with any signal lights of the port or with any traffic or signal lights of any local or other authority.
(e) Environmental Management Plan of the Contractor shall be monitored through IIT, Bombay or other approved agency (approved by the Employer) and the cost towards the same shall be borne by the Contractor.
(f) The vibrations ( if required) due to blasting shall be monitored by reputed agency (approved by the Employer) and shall be within tolerance limits. The cost towards monitoring of the vibrations shall be borne by the Contractor.
Sub-Clause 20.1 Care of Works
Delete (b)
Sub-Clause 20.4 Employer‟s Risks
Sub-Clause 20.4 is amended to read as:
The Employer‟s risks are (a) insofar as they directly affect the execution of the Works in the country where the Permanent Works are to be executed :
i. war and hostilities (whether war be declared or not), invasion, act of foreign enemies;
ii. rebellion, revolution, insurrection, or military or usurped power, or civil war;
iii. ionizing radiations, or contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof;
iv. pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds;
v. riot, commotion or disorder, unless solely restricted to the employees of the Contractor or of his Sub Contractors and arising from the conduct of the Works;
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Mumbai Port Trust (MbPT) Conditions of Particular Application Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 Document No.: CE.JD5 – CD/2015 Page 37 of 108 ______(b) Loss or damage due to the use or occupation by the Employer of any Section or part of the Permanent Works, except as may be provided for in the Contract.
(c) Loss or damage to the extent that it is due to the design of the Works, other than any part of the design provided by the Contractor or for which the Contractor is responsible; and
(d) any operation of the forces of nature (insofar as it occurs on the Site) which an experienced Contractor;
i. could not have reasonably foreseen, or ii. could reasonably have foreseen, but against which he could not reasonably have taken at least one of the following measures;
(a). prevent loss or damage to physical property from occurring by taking appropriate measures,
or
(b). Insure against such loss or damage.
Sub-Clause 21.1 Insurance of Works and Contractor‟s Equipment
“The Contractor‟s obligation to insure under this Sub- Clause shall, without limiting his or the Employer‟s obligations and responsibilities under Clause 20, be limited to the insurance of Contactor‟s Equipment whether owned or taken on charter by the Contractor, against normal marine risks in the joint names of Employer and Contractor.
Sub-Clause 21.2 Scope of Cover
Amend Sub para (a) of Sub- Clause 21.2 by deleting the words “from the start of the work at site” and by substituting the words “from the first working day after the Commencement Date”
Replace the text of Sub-para (b) (i) of Sub-Clause 21.2 with the following: “After the issuance of Taking Over Certificate for loss or damage arising from a cause occurring prior to the issuance of the said certificate.”
Add the following as sub-para (c ) under Sub-Clause 21.2:
(c) It shall be the responsibility of the Contractor to notify the insurance company of any change in the nature and extent of the Works and to ensure the adequacy of the insurance coverage at all times during the period of the Contract.
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Sub-Clause 21.4 Exclusions
Amend Sub- Clause 21.4 as follows:
There shall be no obligation for the insurances in Sub- Clause 21.1 to include loss or damage caused by the risks listed under Sub-Clause 20.4 sub-paras (a) (i) to (iv)
Add the following new Sub-Clause 21.5: Sub-Clause 21.5 War Risk Insurance
If the Contractor receives instructions from the Employer to insure against War Risk, such insurance if normally available shall be affected at the cost of the Employer, with Insurance Company acceptable to the Employer and shall be in the joint names of the Contractor and the Employer.
Sub-Clause 23.1 Third Party Insurance (including Employer‟s and Engineer‟s Property)
Delete the text of the Clause and substitute:
Without limiting his or the Employer‟s obligations and responsibilities under Clause 22, insure, in the joint names of the Contractor and the Employer, against liabilities for death of or injury to any person including any employee of the Employer and the Engineer (other than as provided in the Clause 24) or loss of or damage to any property (other than Works) arising out of performance of the Contract, as provided in the details of insurance referred to in Sub- Clause 21.3.
Sub-Clause 28.2 Royalties
Add second sentence as follows:
“The Contractor shall indemnify the Employer against any claim from the Government / other authorities for short or non recovery of royalty charges and the Contractor shall pay such short or non- recovery amount(s) on demand to the appropriate authorities at any subsequent times.”
As regards dredging work and dumping of dredged material offshore, no royalties are applicable
Sub-clause 29.1 Interference with traffic and adjoining properties
In the sub clause 29.1(b) the words “railway and any other right of way” is added after the words “private roads”
Add the following new Sub-Clause 29.2
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Sub-Clause 29.2 Traffic by Sea
Traffic shall also include traffic by sea. The Contractor shall at all times observe and comply with all laws, including regulations and orders relating to navigation and anchoring of floating plant to be used throughout the Works and any instruction that may be given by the Engineer. The Contractor shall carry out his work strictly in a manner which would not obstruct or endanger the normal use of waterways, anchorages, wharves and approaches thereto, whether in the possession of the Employer, or any other persons.
The Contractor shall at all times execute the work in the operational channel in consultation with Deputy Conservator of MbPT.
The Contractor shall remove or relocate all his equipment if desired in emergencies.
Add the following new Sub-Clause 30.5
Sub-Clause 30.5 Sunken Equipment
Should any equipment (floating or otherwise) belonging to or chartered by the Contractor or any sub-contractor employed by him ( including also any plant which is held by the Contractor or any sub-contractor under agreement for charter, hire or hire- purchase) or things therein or there from sink from any cause whatsoever, it shall immediately be reported by the Contractor to the competent authorities and the Engineer and the Contractor shall forthwith and dispatch at his own cost, raise and remove any such plant, materials or things or otherwise deal with the same as the Engineer or the competent authorities may direct, which directions shall not be unreasonably given.
The fact that such sunken plant, materials or things are insured or have been declared a total loss or do not represent any further value shall not absolve the Contractor from his obligations under this Clause to raise and remove the same.
Until such sunken plant or materials or things have been raised and removed the Contractor shall set such buoys and display at nights such lights and do all such things for the safety of navigation as may be required by the competent authorities or by the Engineer.
In the event of the Contractor not carrying out the obligations imposed on him by this Clause, the Employer may or cause to buoy and light such sunken plant and raise and remove the same without prejudice to the right of the Employer to hold the Contractor liable (under clause 20 and 22)and all expenses consequent thereon and incidental thereto shall be borne by the Contractor and shall be recoverable from him as a debt by the Employer or may be deducted by the Employer from any moneys due or which may become due to the Contractor.
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Sub-Clause 31.1 Opportunities for other Contractors
Delete the entire text of the sub clause and insert the following words.
The Contractor shall be aware that there will be other contractors working in the adjacent area at the same time including but not limited to other agencies and other works. The Contractor shall make all allowances for cooperation and coordination with other contractors/agencies. The Contractor shall afford all reasonable facility for carrying out their work to: a) any other contractors , their workmen and equipments employed by the Employer. b) The workmen of the Employer, and c) The workmen of any duly constituted authorities who may be employed in the execution on or near the site of any work not included in the Contract or of any contract which the Employer may enter into in connection with or ancillary to the works.
No claim for an extension of time or additional costs will be accepted as a result of this change.
Sub-Clause 33.1 Clearance of Site on Completion Delete the sentence, “Provided that the … Defect Liability Period.”
Add the following Sub-Clause 34.2:
Sub-Clause 34.2 Compliance with Laws etc
“The Contractor and his Sub-Contractors shall abide by all the local laws and regulations governing labour and others as applicable according to law prevailing from time to time. The Contractor shall, at all times during the continuance of the Contract, comply fully with all existing Acts, regulations and byelaws including all statutory amendments, and reenactment of State or Central Government and other local authorities and any other enactments, Dock safety act, notifications and acts that may be passed in future either by the State or the Central Government or local authority, including Indian Workmen‟s Compensation Act. Contract Labour (Regulation and Abolition) Act 1970 and Equal Remuneration Act 1976, Child Labour Prohibition and Regulation Act, 1986, Factories Act, 1948, Minimum Wages Act, Provident Fund Regulations, Employees Provident Fund Act, schemes made under the same Act and also Labour Regulations mentioned in Annexure A to Section IV, Health and Sanitary Arrangement for Workmen, Insurance and other benefits and shall keep Employer indemnified in case any action is commenced by competent authorities for contravention by the Contractor. If the Employer is caused to pay or reimburse, such amounts as may be necessary to cause or observe, or for non-observance of the provisions stipulated henceforth on the part of the Contractor, the Engineer shall have
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Mumbai Port Trust (MbPT) Conditions of Particular Application Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 Document No.: CE.JD5 – CD/2015 Page 41 of 108 ______the right to deduct from any moneys due to the Contractor, or from his amount of Performance Security.
Sub-Clause 34.3 Employment of Persons in Service of Others
The Contractor shall not recruit or attempt to recruit his staff and labour from amongst persons in the service of the Employer or the Engineer.
Sub-Clause 34.4 Repatriation of Labour
The Contractor shall be responsible for the return to the place where they were recruited or to their domicile of all such persons as he recruited and employed for the purpose of or in connection with the Contract and shall maintain such persons as are to be so returned in a suitable manner until they shall have left the site or, in the case of persons who are not nationals of and have been recruited outside India shall have left India.
Sub-Clause 34.5 Accident Prevention Officer, Accidents
The Contractor shall have on his staff at the site an officer dealing only with the questions regarding the safety and protection against accidents of all staff and labour. Such officer shall be approved by the Employer before posting on site. This officer shall be qualified for this work and shall have the authority to issue instructions and shall take protective measures to prevent accidents.
Sub-Clause 34.6 Health and Safety
Due precaution shall be taken by the Contractor, and at his own cost, to ensure the safety of his staff and labour and, in collaboration with and to the requirement of local health authorities, to ensure that medical staff, first aid equipment and stores, sick bay and suitable ambulance service are available at the camps, housing and on the site at all times throughout the period of Contract and that suitable arrangements are made for the prevention of epidemics and for all necessary welfare and hygiene requirements.
Sub-Clause 40.1Suspension of Work
Delete para(c) and renumber para (d) as (c)
Sub-Clause 40.2 Engineer‟s Determination following Suspension
Delete existing para (b) and insert the following (b) The Contractor shall be paid idling charges in respect of Dredging at the rates affixed in the Bill of Quantities.
And shall notify the Contractor accordingly, with a copy to the Employer.
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Sub-Clause 40.3 Suspension lasting more than 84 days In the fourth line delete the words “(c) or (d)” and substitute “or (c)”
Sub-Clause 41.1 Commencement of Works The time within which the Contractor shall commence the works shall be the number of days from the receipt of Notice to Commence Works as specified in the Appendix to Bid.
Add the following new Sub-clause after Sub-Clause 43.1
Sub-Clause 43.2 No Extension of Time or Extra Rate for Monsoon
The completion of Works may entail working in the monsoon period also. The Contractor must take such an eventuality into consideration while formulating his rates for quotation. No extension of time or extra rate will be considered for such work in monsoon. During monsoon and other period, it shall be responsibility of the Contractor to keep the portion of Construction site on land, accessible, free from water at his own cost.
Sub-Clause 45.1 Restriction on Working Hours Delete Sub-Clause 45.1 and substitute: “Subject to any provision to the contrary contained in the Contract, the Contractor shall have the option to work continuously by day and by night”.
Sub-Clause 47.1 Liquidated Damages for delay The words, “or the relevant Section” after the words, “… whole of the Works” stands deleted. In line 6 of this sub-clause replace the words “for every day or part of a day” by the words “for every week or part of a week including Sundays and holidays”
Sub-Clause 47.2 Reduction of Liquidated Damages – Stands Deleted
Sub-Clause 48.1 Taking Over Certificate
Delete the words “during the Defects Liability Period” in line 5 and substitute “as soon as practicable”.
Sub-Clause 48.2 Taking over of Sections or Parts – Stands Deleted (There is no sectional taking over allowed in this project).
Sub-Clause 48.3 Substantial Completion of Parts – Stands Deleted
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Sub-Clause 49.1 Defects Liability Period - Stands Deleted
Sub-clause 49.2 Completion of outstanding works & remedying defects
Delete the words, “at or as soon as practicable after the expiration of the Defects Liability Period.”
Replace para 49.2 (a) with the following;
(a) complete all the outstanding works, if any, prior to the issue of Taking Over Certificate.
Delete para 49.2 (b)
Sub-Clause 49.3Cost of Remedying Defects
Replace the words, “Sub-Clause 49.2(b)” with the words, “Sub-Clause 49.2(a)”.
Add the following Sub-Clause 49.5
Sub-Clause 49.5 No Remedying of Defects in Dredging work after completion
Notwithstanding Sub-Clause 49.2, the Contractor shall have no responsibility for the remedying of defects, in respect of dredging works after the date stated in the Taking Over Certificate.
Sub-Clause 50.1 Contractor to search
Delete the words “the end of the Defects liability period” and replace with “issuance of Taking Over Certificate” in line two of this sub-clause
Add the following Sub-Clause
Sub- Clause 50.2 No Responsibility for Cost of Searching of Dredging Work
Notwithstanding Sub - Clause 50.1, the Contractor shall have no responsibility to bear the cost of searching for any defect, shrinkage or other fault in respect of the dredging work after the date stated in the Taking - Over Certificate.
Sub-Clause 51.1 Variation Add the following at the end of the Sub-Clause.
“The alternation, additions and improvements under this Sub-Clause shall be made only insofar as they can be executed by means of the Contractor‟s Equipment used or
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Mumbai Port Trust (MbPT) Conditions of Particular Application Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 Document No.: CE.JD5 – CD/2015 Page 44 of 108 ______intended to be used in the execution of the Works as originally specified by the Contractor in his bid document
Sub-Clause 52.3 Variations Exceeding 15 percent The words “15 percent appearing in the heading and wherever appearing in para. (b) of this Sub-Clause shall be read as “twenty five percent (25%)” .
Sub-Clause 53.3 Substantiation of Claims
In the last sentence delete the words “if required by the Engineer so to do”
Sub-Clause 53.4 Failure to Comply
Replace the words, “whether or not” with the words, “only if”.
Sub- clause 54.3 Customs Clearance
Sub clause 54.3 is amended by replacing the words “The Employer will use his best endeavors in assisting” by “The Employer will provide letters of recommendation to assist”
Sub- clause 54.4 Re- export of Contractor‟s equipment
Sub clause 54.4 is amended by replacing the words “The Employer will use his best endeavors in assisting” by “The Employer will provide letters of recommendation to assist”
Sub-Clause 54.5 Hire Purchase Payments for Contractor‟s Equipment
Sub-Clause 54.5 amended by replacing the existing Sub- Clause with the following: “With a view to securing, in the event of termination under Clause 63, against the repossession by the owner, of any Contractor‟s Equipment held by the Contractor, for the purpose of executing the Works, under an agreement for hire purchase, the Employer shall be entitled to pay to such owner the amount of any due installments or other such sums payable under any such agreement for hire purchase. The Contractor shall not bring on to the Site any Contractor‟s Equipment held under an agreement for hire purchase unless there is an agreement which contains a provision that the owner thereof will, on request in writing made by the Employer within 7 days of the date on which any termination has become effective, accept payment from the Employer of due installments or other such sums payable under the agreement and transfer the benefit of the hire purchase agreement from the Contractor to the Employer on the same terms and conditions except that the Employer shall be entitled to use the Equipment or permit the use thereof by any other Contractor employed by him for the purpose of executing and completing the Works and remedying any defects therein, under the terms of the said Clause 63.”
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Mumbai Port Trust (MbPT) Conditions of Particular Application Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 Document No.: CE.JD5 – CD/2015 Page 45 of 108 ______Sub-Clause 54.6 Costs for the Purpose of Clause 63
Sub-Clause 54.6 amended by replacing the existing Sub-Clause with the following
“In the event of the Employer entering into any agreement for the hire of Contractor‟s Equipment pursuant to Sub-Clause 54.5 and Sub-Clause 54.6, all sums properly paid by the Employer under the provisions of any such agreement and all costs incurred by him (including stamp duties) in entering into such agreement shall be deemed, for the purpose of Clause 63, to be part of the cost of executing and completing the Works and the remedying of any defects therein.”
Add the following Sub-Clauses 54.9 to 54.12
Sub-Clause 54.9 Incorporation of Clause in Subcontracts
The Contractor shall, where entering into any sub-contract for the execution of any part of the Works, incorporate in such subcontract (by reference or otherwise) the provisions of this Clause in relation to Contractor‟s Equipment, Temporary Works or materials brought onto the Site by the Subcontractor.
Sub-Clause 54.10 Approval of Materials not implied
The operation of this Clause shall not be deemed to imply any approval by the Engineer of the materials or other matters referred to therein nor shall it prevent the rejection of such materials at any time by the Engineer.
Sub-Clause 54.11 Anchoring of Marine Plant
Permission to anchor marine plant and equipment (crafts, vessels, dredgers, etc.) in the Port areas, as and when required, will be given by the Engineer on the approval of the Employer subject to availability.. The use of such areas by the Contractor must not affect marine traffic in the area. There will be no anchorage charges.
All formalities involved, like obtaining necessary permissions, etc will have to be attended to by the Contractor himself at his own cost.
Sub-Clause 54.12 Import of Contractor‟s Equipment
The Contractor shall pay (and the lump sum amount affixed by him in the priced Bill of Quantities shall include) all freight and insurance charges, port dues, pilotage, wharf age, port rates, tolls, landing charges and all other dues in respect of plant and equipment, ancillaries, spares, lubricants, etc imported into India in connection with the Works.
Sub-Clause 54.14 Submission of List of Plant and Contractor‟s Equipment
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Mumbai Port Trust (MbPT) Conditions of Particular Application Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 Document No.: CE.JD5 – CD/2015 Page 46 of 108 ______Within fifteen days if the receipt of the Engineer‟s Order to commence work, the Contractor shall submit to the Employers/Engineer his firm list of plant, equipment, floating craft and execution of the works. All the floating craft and plant to be utilized shall be in good working order and seaworthy condition and shall fully meet the requirements of the Mercantile Marine Department of Government of India and of the employer in all respects. Within the above said period, the Contractor shall obtain the necessary endorsement from the Employer on the list of re-exportable plant and equipment and essential spares for the execution of works, and expeditiously get all the importation formalities complete
Sub-Clause 54.15 Obtaining all Licenses, Permits, etc.
The contractor shall make his own arrangements for obtaining all necessary Licenses, permits, etc. for his plant, equipment, floating craft, etc. and procurement of any spares that may be required for the execution of the Works. The Employer will assist the Contractor as far as possible in the procurement of these licenses, permits, etc. by recommending his application for the same but will not accept any responsibility in the matter. Delays in the procurement of such licenses, permits, etc. will not be acceptable reasons for delays in the progress of the works. The Contractor shall provide himself from the very beginning with adequate supply of spare parts so as to ensure that these delays or hold-ups do not occur in the commencement and execution of the works.
The contractor shall obtain permission for his dredgers and floating crafts from the Director General of Shipping, Ministry of Shipping, Government of India, for a specific period license under Section 406 or 407 of the Merchant Shipping Act prior to starting of the work.
Sub-Clause 54.16 Bunkering
For periodic bunkering and maintenance of the dredgers, the Employer will provide a berth and also pilot assistance and mooring gang for berthing and unberthing of the dredgers free of charge limited to 4 days per month. The contractor shall pay the necessary charges in case the requirement exceeds the said four days per month. The contractor shall make his own arrangements for bunkering at his cost. If required by the Contractor, the Employer will provide, subject to availability, crane with operator for handling the dredgers equipment during the period that the dredgers is at the berth, on payment of normal charges in force from time to time.
Sub-Clause 55.1 Quantities
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Mumbai Port Trust (MbPT) Conditions of Particular Application Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 Document No.: CE.JD5 – CD/2015 Page 47 of 108 ______Clause 55.1 of G.C.C is deleted and following sub-clauses are substituted thereof
The payment shall be against achieving the assured dredged depth and shall not be on cu.m basis.
Sub-Clause 60 Certificates and Payment
The General Conditions of Certificates and Payments are deleted and the following Sub-Clauses 60.1 to 60.11 are substituted thereof:
Sub-Clause 60.1 Interim Statements for achieving design depth
The Contractor shall submit three numbers of copies to the engineer and one copy to the employer of an interim statement in a tabulated form approved by the engineer showing the amounts to which the Contractor considers himself to be entitled after achieving a particular design depth as per BOQ. The statement shall include the following items, as applicable, which shall be taken into account in the sequence listed:
(a) the estimated Contract value of the Permanent Works executed up to the end of the month in question, determined in accordance with Sub- Clause 56.1, at the design depth and prices available in the Contract.
(b) the actual value certified for payment for the Permanent Works executed up to the end of the previous month, at the design depth and prices included in the Contract. (c) the estimated Contract value at the design depths and prices included in the Contract of the Permanent Works for the month in question, obtained by deducting (b) from (a);
(d) the value of any variations executed up to the end of the month in question, less the amount certified in the previous Interim Payment Certificate, pursuant to Clause 52;
(e) amounts reflecting changes in cost and legislation, pursuant to Clause 70.
(f) any amount to be withheld under the retention provisions of Sub-Clause 60.3, determined by applying the percentage set forth in Sub-Clause 60.3 to the amounts due under paragraphs 60.1(c), (d), (e), and (f);
(g) any other sum, to which the Contractor may be entitled under the Contract or otherwise.
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Mumbai Port Trust (MbPT) Conditions of Particular Application Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 Document No.: CE.JD5 – CD/2015 Page 48 of 108 ______(h) the amount to be deducted towards the taxes shall be at the rate according to the law from time to time.
Sub-Clause 60.2 Payments for achieving design depths
Replace the entire text of the sub clause with the following:
The said statement shall be approved or amended by the Engineer in such a way that, in his opinion, it reflects the amounts due to the Contractor in accordance with the Contract, after deduction, other than pursuant to Clause 47, of any sums which may have become due and payable by the Contractor to the Employer. In cases where there is a difference of opinion as to the value of any item, the Engineer‟s view shall prevail. Within 14 days of the receipt of the monthly statement referred to in Sub-Clause 60.1, the Engineer shall determine the amounts due to the Contractor and shall issue to the Employer and the Contractor a certificate herein called “Interim Payment Certificate”, certifying the amounts due to the Contractor.
Provided that the Engineer shall not be bound to certify any payment under this Sub- Clause if the net amount thereof, after all retentions and deductions, would be less than the Minimum Amount of Interim Payment Certificates stated in the Appendix to Bid.
Notwithstanding the terms of this Clause or any other Clause of the Contract, no amount will be certified by the Engineer for payment until the performance security has been provided by the Contractor and approved by the Employer.
The Tentative Percentage Payment to be released to the Bidder will be issued at the Price bid stage.
Sub-Clause 60.3 Payment of Retention Money
Replace the entire text of this sub clause with the following: A retention amounting to the percentage stipulated in the Appendix to Bid of the amounts due determined in accordance with the procedure set out in Sub-Clause 60.1 (f) shall be made by the Engineer in the first and following Interim Payment Certificates.
The retention money shall become due and shall be paid to the Contractor when the Engineer shall certify in writing that all works have been completed and the Final Completion Certificate has been issued notwithstanding that at such time there may be outstanding claims by the Contractor against the Employer.
Provided also that if at such time, there shall remain to be executed by the Contractor any work instructed, pursuant to Clauses 49 and 50, in respect of the Works, the Engineer shall be entitled to withhold certification until completion of such work of so much of the balance of the Retention Money as shall, in the opinion of the Engineer, represent the cost of the work remaining to be executed.
Sub-Clause 60.4 Correction of Certificates
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The Engineer may in any Interim Payment Certificate make any correction or modification in any previous Interim Payment Certificate which has been issued by him, and shall have authority, if any work is not being carried out to his satisfaction, to omit or reduce the value of such work in any Interim Payment Certificate.
Sub-Clause 60.5 Statement at Completion
Replace the entire text of the sub clause with the following: Not later than 90 days after the issue of the Taking-Over Certificate in respect of the whole of the Works, the Contractor shall submit to the Engineer a Draft Final Statement at Completion in the number of copies specified in the Appendix to Bid with supporting documents showing in detail, in the form approved by the Engineer,
(a) the final value of all work done in accordance with the Contract up to the date stated in such Taking-Over Certificate; (b) any further sums which the Contractor considers to be due; and (c) an estimate of amounts which the Contractor considers will become due to him under the Contract.
Estimated amounts shall be shown separately in such Statement at completion. The Engineer shall certify payment in accordance with Sub-Clause 60.2.
Sub-Clause 60.6 Final Statement
Replace the entire text of the sub clause with the following: Not later than 30 days after the Engineer has certified payment of Statement at Completion in accordance with Clause 60.2 the Contractor shall submit to the Engineer for consideration six copies of a draft final statement with supporting documents showing in detail, in the form approved by the Engineer: a) The value of all work done in accordance with the Contract, and b) Any further sums which the Contractor considers to be due to him under the Contract or otherwise.
If the Engineer disagrees with or cannot verify any part of the draft final statement, the Contractor shall submit such further information the Engineer may reasonably require and shall make such changes in the draft as may be agreed between them.
The Contractor shall then prepare and submit to the Engineer the final statement as agreed (for the purposes of these Conditions referred to as the “Final Statement”).
If, following discussions between the Engineer and the Contractor on any changes to the draft final statement to be agreed between them, it becomes evident that a dispute
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Sub-Clause 60.7 Discharge
Upon submission of the Final Statement, the Contractor shall give to the Employer, with a copy to the Engineer, a written discharge confirming that the total of the Final Statement represents full and final settlement of all monies due to the Contractor arising out of or in respect of the Contract. Provided that such discharge shall become effective only after payment due under the Final Payment Certificate issued pursuant to Sub- Clause 60.8 has been made and the performance security referred to in Sub-Clause 10.1 has been returned to the Contractor.
Sub-Clause 60.8 Final Payment Certificate
Within 28 days after receipt of the Final Statement, and the written discharge, the Engineer shall deliver to the Employer (with a copy to the Contractor) a Final Payment Certificate stating
(a) the amount which, in the opinion of the Engineer, is finally due under the Contract or otherwise, and (b) after giving credit to the Employer for all amounts previously paid by the Employer and for all sums to which the Employer is entitled, other than under Clause 47, the balance, if any, due from the Employer to the Contractor or from the Contractor to the Employer as the case may be.
Sub-Clause 60.9 Cessation of Employer‟s Liability
Replace the entire text of the clause with the following: The Employer shall not be liable to the Contractor for any matter or thing arising out of or in connection with the Contract or execution of the Works, unless the Contractor shall have included a claim in respect thereof in his Final Statement at Completion referred to in Sub-Clause 60.5
Sub-Clause 60.10 Time of Payment
The amount due to the Contractor under any Interim Payment Certificate issued by the Engineer pursuant to this Clause, or to any other term of the Contract, shall, subject to Clause 47, be paid by the Employer to the Contractor as follows :- (i) in the case of Interim Payment Certificates, within 42 days after the Contractor‟s monthly statement has been submitted to the Engineer for certifications, pursuant to Sub- Clause 60.1. The Engineer will certify within 14 days of submission of the
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(ii) in the case of the Final Payment Certificate pursuant to Sub-Clause 60.8, within 56 days after the Final Statement and written discharge have been submitted to the Engineer for certification.
Add Sub-Clause 60.11 Sub-Clause 60.11 Place of Payment
Payments to the Contractor by the Employer shall be made into a local bank account or accounts nominated by the Contractor.
Add Sub-Clause 60.12 Sub-Clause 60.12 Currency of Account and Payments
The currency of account shall be the Indian Rupee and all payments made in accordance with the Contract shall be in Indian Rupees.
Sub-Clause 61.1 Approval only by Taking Over Certificate
Change the heading of Sub- Clause to “Approval only by Taking Over Certificate”
Substitute the existing text with the following:
“Approval of the Dredging Works shall be by the Taking-Over Certificate referred in sub- clause 48.1
Sub-Clause 62.1 Defects Liability Certificate
Delete the words “Defect Liability Certificate” and substitute “Taking Over Certificate” wherever it appears.
Sub-Clause 62.2 Unfulfilled Obligations
Delete the words “Defect Liability Certificate” and substitute “Taking Over Certificate” wherever it appears.
Sub-Clause 63.3 Payment after termination
Delete the words “the expiration of the Defects Liability Period” and substitute “the issue of the Taking over certificate
Add new Sub-Clause 63.5 Sub-Clause 63.5 Corrupt or Fraudulent Practices
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If in the judgment of the Employer the Contractor has engaged in corrupt or fraudulent practices, in competing for or in executing the Contract, then the Employer may, after having given 14 days notice to the Contractor, terminate the Contractor‟s employment under the Contract and expel him from the Site, and the provisions of Clause 63 shall apply as if such expulsion had been made under Sub-Clause 63.1
For the purpose of this Sub-Clause:
“corrupt practice” means the offering, giving, receiving or soliciting of anything of value to influence the action of persons involved in the procurement process or in Contract execution.
“fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a Contract to the detriment of the Employer, and includes collusive practice among bidders (Prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Employer of the benefits of free and open competition.”
Sub- Clause 64.1 Urgent Remedial work
Delete the words “or during the Defects Liability Period”
Sub-Clause 65.2 Special Risks
Amend Sub-Clause 65.2 to read as follows: “The Special Risks are the risks defined under para (a), subparas (i) to (v) of Sub-Clause 20.4.”
Sub-Clause 67.3 Arbitration
This sub-clause is modified to the extent of the following :-
The first paragraph after (b) starting from “shall be finally settled, unless ……….. or valuation of the Engineer related to the dispute” shall be replaced by the following :
“shall be finally settled, unless otherwise specified in the Contract, under Government of India‟s Arbitration and Conciliation Act, 1996 by one or more arbitrators appointed under such act. The said arbitrator(s) shall have full power to open up, review and revise any decision, opinion or instruction or determination, certificate or valuation of the Engineer related to the dispute”.
Add the following at the end of this sub-clause : The work under the Contract shall, however, continue during the arbitration proceedings and no payment due or payable to the Contractor shall be withheld on account of such proceedings. The arbitrators shall be deemed to have entered on the reference on the dates they issue notice to both the parties fixing the date of their first hearing. The
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Mumbai Port Trust (MbPT) Conditions of Particular Application Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 Document No.: CE.JD5 – CD/2015 Page 53 of 108 ______venue of arbitration shall be Mumbai, India. The fees, if any, of the Arbitrator(s) if required to be paid before award in respect of disputes is made and published, shall be paid half by each of the parties.
Sub-Clause 68.2 Notice to Employer and Engineer
For the purposes of this Sub-Clause, the addresses are those specified in the Appendix to Bid.
Sub-Clause 69.3 Payment on Termination
Clause is amended to read as follows :
In the event of such termination the Employer shall be under the same obligations to the Contractor in regard to payment as if the Contract had been terminated under the provisions of Clause 65.
Sub-clause 69.4 Contractor‟s entitlement to suspend work
In the sub-clause 69.4, substitute “56 days” for “28 days” before the words “after the expiry of the time……….”.
Clause 70 Changes in Cost and Legislation
Delete Clause 70 of the General Conditions, and substitute the following Sub-Clauses:
Sub-Clause 70.1 Price Adjustment
The amounts payable to the Contractor, pursuant to Sub- Clause 60.1, shall be adjusted in respect of the rise or fall in the cost of fuel utilized for the Works, by applying to such amounts the formulae prescribed in this clause.
Variation of Price- Diesel fuel:
The Contract Price will be subjected to adjustment on account of variation of prices of Diesel Fuel. The adjustment shall be calculated quarterly in accordance with the following formula:
Vd = 0.85 x Pd x R x D - Do Do
Where:
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R value of the work done during the quarter under consideration after excluding the value of extra items and provisional sums.
Do= The average price of high speed diesel (HSD) fixed by Indian Oil Corporation Limited / other Oil PSUs at Mumbai for the month in which the PriceBids were opened.
D = The average price of HSD fixed by Indian Oil Corporation Limited/other Oil PSUs at Mumbai for the quarter under consideration.
Pd = Percentage of P.O.L. component shall be 25% (Twenty Five percent).
The quarter referred to in the above formulae shall mean the quarters of the calendar year, namely January to March, April to June, July to September and October to December. Even if the Bids are opened in the middle of a quarter, the average index for the calendar quarter will be considered. The same principle would apply for identifying the quarter when the work is completed in the middle of calendar quarter.
When there is variation in price of Diesel fuel during the month under consideration, the proportionate value of the work to which the variation of price is applicable will be assessed by the following formula:
Where
A: Value of the work to which variation in price of Diesel fuel under consideration is applicable
B: Value of work during the month under consideration
X: Total number of days for which increase in price of Diesel Fuel is applicable
Y: Total number of days in the month under consideration
The Contractor shall as soon as practicable after such increase or decrease becomes effective give written notice thereof to the Engineer and shall produce whatever evidence the Engineer may require such as invoices, quotations, etc. to substantiate such claim. The Engineer shall be entitled to make any independent enquiries which he
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Provided that:
a) No account will be taken of any amount by which any cost incurred by the Contractor has been increased by default or negligence of the Contractor.
b) No increase in the cost of fuel (whether or not it has been applied previously) shall apply after the expiry of the Contract period or such extended time as may have been granted by the Engineer under the General Conditions of Contract.
On completion of the works and before final payment, the Contractor shall give a certificate that he has made full and complete disclosure to the Engineer of every increase or decrease in price obtained by him on all items affected by this clause.
Sub-Clause 70.2 Subsequent Legislation
If, after the date 28 days prior to the latest date for submission of bids for the Contract, there occur changes to any National or State Statute, Ordinance, Decree, or other Law or any regulation or by-law of any local or other duly constituted authority, or the introduction of any such State Statute, Ordinance, Decree, Law, regulation or bylaw which causes additional or reduced cost to the Contractor, other than the preceding Sub-Clauses of this clause, in the execution of the Contract, such additional or reduced cost shall, after due consultation with the Employer and the Contractor, be determined by the Engineer and shall be added to or deducted from the Contract Price and the Engineer shall notify the Contractor accordingly, with a copy to the Employer. Notwithstanding the foregoing such additional or reduced cost shall not be separately paid or credited if the same shall already have taken into account in the indexing or any inputs to the Price Adjustment Formulae in accordance with the provisions of Sub- Clause 70.1.
Sub-Clause 70.3 Other Changes in Costs
To the extent that full compensation for any rise or fall in costs to the Contractor is not covered by the provisions of this or other Clauses in the Contract, the design depths and prices included in the Contract shall be deemed to include amounts to cover the contingency of such other rise or fall of costs.
Sub-Clause 71.1 Currency Restrictions - Delete the Sub-Clause 71.1.
Sub-Clause 72.1 Rates of Exchange
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Sub-Clause 72.2 Currency Proportions
Delete the Sub-Clause.(All payments to be made in Indian rupees).
Sub-Clause 72.3 Currencies of Payment for Provisional Sums – stands deleted
Add the following clauses
Sub-Clause 73.1 Foreign Taxation
The prices bid by the Contractor shall include all taxes, duties, and other charges imposed outside the Employer‟s country on the production, manufacture, sale, and transport of the Contractor‟s Equipment, and supplies to be used on or furnished under the Contract, and on the services performed under the Contract.
Sub-Clause 73.2 Local Taxation
The prices bid by the Contractor shall include all customs duties, import duties, business taxes, and other taxes ( excluding Service tax), duties, levies, royalties, etc that may be levied in accordance with the laws and regulations in being on the date 28 days prior to the latest date for submission of bids in the Employer‟s country on the Contractor‟s Equipment, and supplies (temporary and consumable) acquired for the purpose of the Contract and on the services performed under the Contract. Nothing in the Contract shall relieve the Contractor from his responsibility to pay any tax that may be levied in the Employer‟s country on profits made by him in respect of the Contract.
The Tax Deduction at Source (TDS) shall be made as per prevailing Indian Tax Laws.
Sub-Clause 73.3 Personnel Income Taxes
The Contractor‟s staff and labour will be liable to pay personnel income taxes in the Employer‟s country in respect of such of their salaries and wages as are chargeable under the laws and regulations for the time being in force, and the Contractor shall perform such duties in regard to such deductions thereof as may be imposed on him by such laws and regulations.
Sub-clause 73.4 Customs dues, etc
The Contractor shall obtain all relevant information regarding procedures for the import and export of his equipment and materials from the Chief Controller of Imports and Exports, and the Ministry of Shipping, New Delhi, and shall have informed himself on the details of customs charges and drawback regulations applicable to items of
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The Contractor shall pay (and the rates and prices entered in the Bill of Quantities shall include) all customs or other import duties, port dues, tolls, pilotage, landing charges, wharfage and local dues and all other costs, charges for the equipment and materials imported into India in connection with the works.
Sub-clause 73.5 Service Tax Service Tax for which cenvat credit is available to ownershall not be included in the Quoted Price. Service Tax for which cenvat credit is available to owner, as billed by the contractor shall be payable at actuals by owner subject to contractor furnishing the proper tax invoice(s) as per Cenvat Credit Rules 2004. Owner shall not reimburse service tax, if the requirements as specified above are not fulfilled by the CONTRACTOR.
Sub-Clause 74.1 Rights of Various Interests
Wherever the work being done by any department of the Employer or by the other Contractor employed by the Employer is contingent upon work covered by this contract, the respective rights of the various interest involved shall be determined by the Engineer/ Employer to secure the completion of the various portion of the work in general harmony.
Sub-Clause 75.1 Termination of Contract for Employer‟s Convenience
The Employer shall be entitled to terminate this Contract at any time of the Employer‟s convenience after given 56 days prior notice to the Contractor, with a copy to the Engineer. In the event of such termination, the Contractor
(a) shall proceed as provided in Sub-Clause 65.7; and shall be paid by the Employer as provided in Sub-Clause 65.8.
Sub-Clause 76.1 Details to be Confidential
The Contractor shall treat the details of the Contract as private and confidential, save insofar as may be necessary for the purposes thereof, and shall not publish or disclose the same or any particulars thereof in any trade or technical paper or elsewhere without the previous consent in writing of the Employer or the Engineer. If any dispute arises as to the necessity of any publication or disclosure for the purpose of the Contract the same shall be referred to the Employer whose determination shall be final.
Sub-Clause 77.1 Contractor‟s Temporary Moorings
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Should the Contractor for the purpose of the Contract desire to provide temporary moorings for his craft and floating plant, he will be allowed to do so in positions and manner approved by the Engineer after obtaining approval from the Employer. The Contractor shall not lay such moorings so as to interfere with traffic in the waterways and such moorings shall be removed if and when required by the Engineer. All the temporary moorings are provided free of cost. All formalities for approval and arrangements for mooring shall be done by Contractor at his own cost.
Sub-Clause 77.2 Life-saving Appliances and First-aid Equipment
The Contractor shall provide and maintain upon the Works sufficient, proper and efficient life-saving appliances and first-aid equipment to the approval of the Engineer and in accordance with the requirements of ILO Convention No. 62. The appliances and equipment shall be available for use at all time.
Sub-Clause 78.1 Drawings and Photographs of the Works.
The Contractor shall not disclose details of drawings furnished to him and works on which he is engaged without the prior approval of the Engineer in writing. No photograph of the Works or any part thereof or equipment employed thereon shall be taken or permitted by the Contractor to be taken by any of his employees or any employees of his Sub-Contractors without the prior approval of the Engineer in writing and no such photographs shall be published or otherwise circulated without the approval of the Engineer in writing.
Sub-Clause 79.1 Use of Explosives
Except as may be provided in the Contract or authorized by the Engineer in writing, the Contractor shall not use explosives. Where the use of explosives is so provided or ordered or authorized the Contractor shall comply with the following requirements. 1. The Contractor shall at all times take every possible precaution in and shall comply with the appropriate laws and regulations relating to the importation, handling, transportation, storage and use of explosives and shall at all times when engaged in blasting operations post sufficient warning flagmen to the full satisfaction of the Engineer.
2. The Contractor shall at all times make full liaison with and inform well in advance and obtain such permission as is required from all Government authorities, public bodies and private parties whosoever concerned or affected or likely to be concerned or affected by blasting operations.
3. The Contractor shall pay all license fees and charges which may be required for storage or in respect of any other matter whatsoever.
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Sub-Clause 80.1 Customs and Security Requirements
The Contractor shall comply with all regulations imposed by the Customs and Security Authorities in respect of the passage of plant, vehicles, materials and personnel through Customs barriers.
The Contractor shall comply with all the safety regulations as laid down under ISPS code.
Sub-Clause 81.1 Compliance with IMO and other statutory Regulations
All the crafts, plants and machinery employed by the Contractor shall strictly adhere to the relevant IMO Regulations MARPOL Convention73/78 and other statutory regulations. The damages caused by deviation if any, besides attracting penalty under different statutes may also lead to work stoppage which will be purely on Contractor‟s account.
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Special Applications
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SPECIAL APPLICATION
1.0 GENERAL 1.1 Conditions of Contract and Contract Drawings The following specifications for the dredging works required for the above facilities shall be read in conjunction with the General Condition of Contract and Conditions of Particular Application, specifications, the drawings and the Bill of Quantities. The contract drawings referred to in the Conditions of Contract are those issued by the Engineer at the time of issue of the Tenders and listed in the Documents, as also Drawings subsequently issued by the Engineer. 2.0 TIME OF COMPLETION The work shall be completed as ascribed below: Description Completion period
CAPITAL DREDGING FOR FIFTH OIL (J5) BERTH AT Refer Appendix to Bid. JAWAHAR DWEEP, MUMBAI PORT TRUST
3.0 SITE INFORMATION 3.1 Contractor‟s Responsibility The information supplied hereinafter and provided elsewhere is given in good faith but the Contractor shall satisfy himself regarding the weather, wind, waves, tides, currents, geological data and other conditions and no claim will be entertained due to inadequacy or any error in the information provided. 3.2 The Port The Mumbai Port is a natural harbour, situated at latitude 18° 54‟ N and longitude 72° 49‟ E, protected on the east by mainland and sheltered on the west by Mumbai Peninsula. The Mumbai Port has four jetties at Jawahar Dweep (Butcher Island) for handling crude and POL products. The Port has another new liquid berth for handling chemical / POL at Pir Pau near Trombay.
3.3 Chart Datum The datum to which all the levels shall be referred is the Chart Datum. This datum is 2.51m below the Mean Sea Level in Mumbai Harbour channel. 3.4 Tides The various tide levels with respect to Chart Datum reported at Mumbai are shown below; Chart Datum (CD) : 0.0 m
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Mumbai Port Trust (MbPT) Special Applications Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 Document No.: CE.JD5 – CD/2015 Page 62 of 108 ______Mean Low Water Springs (MLWS) : +0.76 m Mean Low Water Neap (MLWN) : +1.85 m Mean Sea Level (MSL) : +2.51 m Lowest High Water : +2.80 m Mean High Water Neap (MHWN) : +3.30 m Mean High Water Springs (MHWS) : +4.42 m Highest High Water Level (June 1924) (HHWL) : +5.38 m Lowest recorded LW : -0.44 m
There is a time lag of a few minutes between the timings of high and low tides & predicted in tide tables for the Port of Mumbai and as occurring at the site of the work.
3.5 Wind 3.5.1 General direction of the prevailing wind is from North to West quarter, with seasonal variation as shown below:
Season (Month) Directions Speeds
SW Monsoon Mainly from SW to NW (Max. 8 to 10 Beaufort, (June-Sept) Substantial 4-6 Beaufort) Post Monsoon Mainly from NW to NE (Max. 6 to 8 Beaufort, (October-November) Substantial 2-6 Beaufort) Winter Mainly from ENE to NW (Max. 6 to 8 Beaufort, (December- February) Substantial 2-6 Beaufort) Summer Mainly from NW to N (Max. 8 to 10 Beaufort, (March - May) Substantial 4-6 Beaufort)
3.6 Cyclones These may occur in the period of May/June or October/November. The storms are mostly confined to the months of June and September, and the months of July and August are almost free of storms. The last severe cyclonic storm having winds of above 48 knots was experienced in 1982. Occasionally, sudden high winds also occur during the fine weather periods from NE. 3.7 Currents The currents in the harbour waters are essentially caused by the tides, and are not influenced to any appreciable extent by monsoons, etc. The tidal flow is unsteady and the magnitude and direction of the currents varies with respect to location, time and depth. Generally, the ebb currents are stronger than flood currents. Normally maximum currents inside the harbour are about 2 to3 knots, though 4 knots may occur in the ebb during the monsoon period spring tide. The currents generally run parallel to the navigational channel.
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3.8 Waves The predominant waves entering the sites for the proposed works are the swell waves generated by deep sea storms. These mainly arise just before and during south west monsoon. The wave height at site of works is not expected to exceed 1.5 m. The statistical analysis also indicates that most waves period fall between 6 seconds and 10 seconds. During the continuance of the North East monsoon, North Easterly winds known as “Elephantas” blow for short durations during the months of Oct-Nov.As the fetch and durations of these winds are limited, the” Significant wave height” of the resulting waves is not likely to exceed 1m with period ranging from 3 to 5 seconds.
3.9 Relative Humidity and Temperature The relative humidity is moderate to high (61% to 87%) throughout the year with the mornings being more humid than the afternoons with highest in the monsoon period. During the winter months, (Nov-Jan) relative humidity ranges from 61% to 72%. The mean daily temperature ranges from 240C to 330C except during the winter period when the maximum temperature may fall to about 190C. The hotter months are March, April, May and June.
3.10 Visibility The visibility in the project area is generally good throughout the year, except for a few days during the winter season and during periods of heavy rain. On an average, the visibility is less than 4 Kms for about 18 days in a year. Most often in the months of November to March, shortly after sunrise and occasionally in the evenings, smog may hang over the land obscuring the view for short periods.
3.11 Rainfall The region experiences a tropical monsoon climate with plentiful and regular seasonal rains. The southwest monsoon period extends from June to September. November to March is the period for the north-east monsoon. Most of the annual rainfall occurs during southwest monsoon, the average monthly rainfall being about 450 mm. Rainfall during northeast monsoon is minimal. The average annual rainfall over past 20 years is 1930mm.
3.12 Bathymetry Reports of the bathymetric surveys is available for inspection in the office of the Employer.
3.13 Soil Investigation The details of the Soil Investigation Report is enclosed. The Contractor shall satisfy himself as to the nature of the material to be dredged by examination of the Site and study of data and samples obtained in the course of investigations on behalf of the Employer and made available to him. The Contractor shall
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3.14 Siltation: Model studies The reports of the studies carried out by CWPRS, Pune as regards to the pattern of Siltation in the dredging areas are available for inspection in the office of the Employer/Engineer. The rates and prices quoted in Bill of Quantities shall include the dredging and removal of siltation during the Contract period till taking over of the respective area.
4.0 CONTRACTOR‟S WORKING AREA The Employer shall allow the Contractor to use of Port Land for the purpose of setting up of his Site Office, workshop & storage area etc of 700 sqm free of cost for a period not exceeding the contract period of the project. Any additional area can be provided subject to justification for the same by the Contractor and subject to availability and chargeable as per Dock Scale of Rates. However, no labour camp shall be permitted inside the Port,. This working area shall be available on an “as is where is‟ basis. Leveling constructing approach roads, laying water and power lines, if required, shall be the responsibility of the Contractor. The cost of all such works shall be deemed to have been included in the rates and prices quoted for the works and no extra payment shall be made on this account. On completion of the Contract, Contractor shall remove all his temporary structures thereon from this area, level it and hand over the same back to the Employer in a neat and clean condition. Failure to comply the same, Employer shall get the work done at the cost of Contractor and recover the same from the Contractor‟s bill.
5.0 CONTRACTOR‟S TEMPORARY STRUCTURES The Contractor may, at his own expense, and subject to the approval of the Engineer and statutory authorities, construct offices, stores, workshop in the area allocated to him and remove the same as per the orders of the Engineer, on completion of the Contract. Whenever required the Contractor shall furnish such details of his temporary works as may be called for by the Employer/ Engineer and the Contractor shall satisfy the Employer/Engineer as to their safety and efficiency. The Employer/Engineer may direct those temporary works, which he considers unsafe or inefficient be removed and replaced in a satisfactory manner. The Contractor shall follow Employer‟s/Engineers directions /instructions, The Contractor shall maintain all the equipment and shall ensure that they are suitable for the work and maintained in such a manner to ensure their efficient working. The Employer/Engineer, may if deem fit, direct the Contractor to remove from site any equipment which are not efficient and/or prejudicial to the quality of the work to be replaced by equipment to their satisfaction.
6.0 TEMPORARY FENCING OF CONTRACTOR‟S AREA The Contractor shall at his own expense erect and maintain in good condition temporary fences and gates with prior consent of the Employer.
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Mumbai Port Trust (MbPT) Special Applications Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 Document No.: CE.JD5 – CD/2015 Page 65 of 108 ______The Contractor shall maintain sufficient watchmen at site to the satisfaction of the Employer/Engineer and shall provide lights at nighttime to the fencing provided for the area. Labour camp shall be outside Port custom bound area.
7.0 AVAILIBILITY OF INFRASTRUCTURAL FACILITIES 7.1 Water Supply The Contractor shall be allowed to make use of the existing water supply system of the Port for his offices, stores, workshop -on payment of charges as per the tariff of the Port. However, the storage of the water supplied shall be the responsibility of the Contractor. The supply of water will be subject to availability. Contractor shall bear all the costs towards laying of any pipeline, providing storage tanks, pumps, water meters etc. to meet his requirements. 7.2 Power Supply The Power supply inside the Port area shall be supplied by the Employer on payment of charges as per the Port tariff. However, laying of cable lines, providing fixtures, accessories, meter etc shall be done by the Contractor at his own cost. 7.3 Telecommunications The Contractor shall make his own arrangements for suitable telephone/internet connections / wireless communication system for intercommunication between base office, dredging spread and transport barges. In addition, the Contractor shall provide adequate radio communication sets on the vessels, dredgers, survey and inspection boats, and shore control points.
7.4 Bunkering and Water Supply Services for Contractor‟s craft The Employer will supply potable water, if available to Contractor‟s dredger at a shore connection when the dredger is berthed along side for periodic bunkering and maintenance. The charges payable by the Contractor for supply of water at the prevailing Dock Scale of Rates. 7.5 Pilotage Services The pilotage services for navigation of the dredger in the harbour during the period of Contract, will be provided by the Employer Free of Cost, upon receiving atleast 3 days prior notice for maximum oneTrailing suction Dredger only. If the contractor deploys more than one dredger then the Pass Pilots approved by the Dy. Conservator will have to be deployed by the contractor at their own cost. The Dy. Conservator, MbPT may issue a special pilot license to the Master of the dredger, after the latter gets himself acquainted with the harbour to the satisfaction of the Dy. Conservator. (Special Pilot License is applicable only in case of Indian Masters). 7.6 Shipment and Landing Charges
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Mumbai Port Trust (MbPT) Special Applications Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 Document No.: CE.JD5 – CD/2015 Page 66 of 108 ______The contractor shall bear all expenses in connection with the shipment and landing of any plant, materials or other things imported or brought for the purpose of the contract. 7.7 Welding or Hot Work Welding/gas cutting/hot work on board the dredger or any floating plant/craft shall be done only with the prior permission of the Port Fire and Safety Officer and at such times and in locations as approved by him, subject to compliance with the conditions imposed by the Deputy Conservator and Chief Fire Officer of Mumbai Port Trust.
8.0 MONITORING OF THE DREDGING PROCESS For the purpose of the proper control of the progress and verifications of the operations, continuous monitoring and recording of items of the dredging process shall be required to be established by the Contractor on site. The Contractor shall provide at his own cost, the electronic dredge positioning and control system including necessary instrumentation, sensors, calibration, data storage and displays and shall ensure the continuous satisfactory operations thereof. The data collected shall be made available, fully decoded and processed, for inspection by the Employer/Engineer at all times. All such data and evaluation thereof made available shall remain confidential between the Employer/Engineer and the Contractor.
9.0 TIDAL WORKING 9.1 The Contractor shall allow for all necessary tidal working and for all delays and damages due to weather and wave action in his programme and in his rates and prices affixed to the Bill of Quantities. 9.2 The Contractor shall, at his own expense, install and maintain the marker buoys to define the extent of the Site as directed by the Engineer or other competent authority. 10.0 WAVES, RAINS AND STORMS The dredging works will be affected by waves, rains and storms. Suitable care and safety precautions shall be taken by the Contractor to avoid any delay due to this and there shall be no claim for additional cost or time due to the adverse conditions. 11.0 DREDGE AREA 11.1 Dredge area clear of natural / artificial underwater obstructions To the best of our knowledge, there exist no major natural or artificial uncharted obstructions in the form of sunken wrecks of ships or plants in the area to be dredged. However, In case underwater obstruction on account of any material or work of dimension more than 2 m x 1.5 m x 1 m and weight more than 2.5 tonnes and the removal of the same requires more than 24 hours the Engineer shall determine the additional cost payable to the contractor with the approval of the Employer. 11.2 Obstructions, which can be removed by dredger The Contractor is not entitled either to an extension of time or an adjustment of Contract price if such obstructions are removed or can be removed by the dredging plant. The Engineer‟s decision in this regard is final and binding on the contractor.
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12.0 RECORDS 12.1 Daily Progress reports The Contractor shall record; submit to the Engineer daily, progress report for the preceding day showing up to date progress and progress during the previous day on all items of each section of the works in relation to and in consideration of the detailed CPM schedule. In addition the Contractor shall submit on the second day of every fortnight, a detailed progress report giving the progress of the works during the preceding fortnight and also indicating the up to date progress of the work. 12.2 Progress Photographs The Contractor shall supply digital photos at monthly intervals or as otherwise directed, sufficient numbers progress photographs to cover all areas and stages of the Works spread over in previous month. The Engineer shall select six important photographs from the digital photos received each month for inclusion in the progress report to be submitted to Employer. The Contractor shall supply six 200x250mm size prints of each selected photographs suitably mounted, labeled and suitable for incorporation in the report. The digital photos shall be the property of the Employer and no prints from these may be supplied to any person or persons unless under the authority of the Employer or of the Engineer. The cost of developing to the required sizes and digital photos etc shall be deemed to be included in the rates quoted in the tender. 12.3 Submission of Information and Records All reports, statements, returns, drawings, diagrams, programmes, etc., which the Contractor shall be required to submit during the progress of the Works to the Engineer or Engineer's Representative are to be furnished in triplicate unless otherwise directed. 12.4 As-made Drawings / Hydrographic charts On completion of the Works the Contractor shall prepare and submit within 28 days a complete set of 'as-made' drawings in duplicate. The drawings shall give all the details of the area dredged, bathymetry, the material encountered in the areas dredged in different colours / notations, the sections showing the details of pre & post dredge levels including tolerances etc. Once approved by the Engineer the Contractor shall provide five sets of the drawings (hard copies) and two Auto-Cad Version 2006 or any other compatible version copies of set in soft form of „as-made' drawing. 12.5 Communication Procedure Contractor has to submit the communication procedure for review and approval of Employer/Engineer. The Procedures document should include contact details of Contractor personnel at Site and HO, Employer contact details, etc.
13.0 RETURNS OF LABOUR AND EQUIPMENT The Contractor shall supply to the Engineer's Representative, by noon every working day, a return of the men employed the previous day and of the work on which they were engaged, specifying also the numbers employed in each trade. He shall also supply monthly any other return which may be required as to the number of men and construction equipment employed and the nature and quantity of the work done.
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Mumbai Port Trust (MbPT) Special Applications Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 Document No.: CE.JD5 – CD/2015 Page 68 of 108 ______14.0 SANITARY CONVENIENCES Sanitary conveniences for the use of persons employed on the Works shall be provided and maintained by the Contractor to the extent and in such a manner at all such places as shall be approved by the Engineer and the authority concerned, and all persons connected with the Works shall be obliged to use them exclusively. The Contractor shall make all temporary arrangements for the proper discharge of sewage and drainage from or in connection with the Works and shall maintain the same to the satisfaction of the Engineer and the authority concerned as long as they may be required. 15.0 PROGRAMME OF WORK The Contractor shall submit to the Engineer within two weeks of the award of the Contract four copies for each project of detailed CPM schedule showing in approved form the estimated dates of commencement and completion of the different parts of the works including expected dates for completion of the various sections of the works. The detailed CPM schedule shall be such as it can be updated periodically or as directed by the Engineer and four copies of the revised CPM schedule shall be supplied to the Engineer.
16.0 DRAWINGS, DESIGNS AND STANDARDS 16.1 Contract Drawings The following Drawings are provided along with the Tender.
DRAWINGS Drawing No.
DREDGING AREA & BOREHOLE LOCATION MAP A812-000-12-42
LOCATION OF DREDGED MATERIALS DUMPING GROUND DS3 co-ordinate18d 55‟32.79”N 72d 41‟618”E 16.2 Working Drawings Following the award of the Contract, the Engineer may prepare additional Working Drawings as considered necessary, which will be based on and supplement the Contract Drawings. Additional detailed drawings shall be provided to the Contractor well in advance so as to give enough time for planning the dredging activities. The Contractor shall be responsible for advising the Engineer of his programme for receiving any such detailed Working Drawings so that his dredging programme is not disturbed. 16.3 Interpretation of Drawings The Contractor shall be responsible for requesting from the Engineer in due time any clarification of the Drawings or any additional information which he requires on the Drawings. 16.4 Standards of Codes and Practice The Indian, British and other Standards and Codes of Practice referred to in this Specification are listed at the end of each section in which reference is made to them. Where Standards other than Indian Standards are specified, equivalent Indian Standard may be used, subject to the approval of the Engineer and provided the Contractor demonstrates that they are equal or better than the standard specified.
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Mumbai Port Trust (MbPT) Special Applications Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 Document No.: CE.JD5 – CD/2015 Page 69 of 108 ______The contractor shall keep the following at site office: a) Manufacturer‟s literature in English version relating to all the products to be used in works. b) Standards and codes mentioned in the specifications or as required by the Engineer. The following codes shall be applicable for Dredging works: IS 4651- Code of practice for Planning and Design of Ports & Harbours BS 6349, Part 5- Code of Practice for Dredging and Land Reclamation PIANC specifications for rock dredging.
17.0 FIRST AID SERVICE The contractor shall provide and maintain at the work site sufficient proper and efficient life saving appliances and first aid equipment to the approval of the Engineer and in accordance with the requirements of International Labour Organisation (I.L.O) Convention No. 62. The appliances and equipment shall be available for use at all times. For works carried out within the port area, the contractor shall abide by all the provisions of the Dock Workers (Safety, Health and Welfare) Scheme, 1990. Contractor shall indemnify the Port from the cases booked by the Labour Enforcement Officer (L.E.O) for his negligence
18.0 FIRE-FIGHTING ARRANGEMENTS The contractor shall provide suitable arrangements for fire fighting. For this purpose, he shall provide requisite number of fire-extinguishers and adequate number of buckets, some of which are to be always filled with sand and some with water. These equipment shall be provided at prominent and easily accessible places as directed by the Engineer and shall be properly maintained. If at any time during the currency of the work, the fire fighting services are carried out by Employer, the same will be on chargeable basis.
19.0 ASSISTANCE TO THE EMPLOYER/ ENGINEER 19.1 The Contractor shall render such assistance with facilities, labour, motor vehicles, boats and materials as at any time may be required by the Employer/Engineer‟s Representative directly or indirectly, in connection with the works. The costs of such assistance shall be borne by the Contractor, if such assistance is intended by or provided for or specified in the Contract; if any assistance is required by the Employer/Engineer‟s Representative which is not so intended and not provided or not specified, then the cost of such assistance shall be borne by the Employer. The assistance to the Employer/Engineer‟s Representative includes, but not by way of limitation the items in the following clauses. 19.2 Protective & Safety Items The Contractor shall provide for the use of Employer/Engineer‟s Representative and his principals, employees and agents and such other persons as the Employer/Engineer‟s representative authorises, the necessary protective items throughout the duration of the Works
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Mumbai Port Trust (MbPT) Special Applications Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 Document No.: CE.JD5 – CD/2015 Page 70 of 108 ______19.3 Passenger Launch The Contractor shall provide one Passenger Launch till the physical completion of works. The launches shall be properly covered and complying all the safety requirements for conveyance of Employer/Engineer‟s personnel to and fro from the dredgers/ vessels for site inspection as and when required. The launch shall have a minimum carrying capacity of 10 personnel. The Contractor shall be responsible for all the operating and maintenance expenses of the passenger launch during the period of Contract at no extra cost to the Employer. The said launch is not exclusively required by Employer/ Engineer Personnel but the same can be used by the contractor. However the Passenger launch made available to the Employer/ Engineer Personnel for their use as and when required with in one hour of notice. 19.4 On board dredgers accommodation with food for representatives of Engineer and Employer The Contractor shall provide on board dredger accommodation with food for Employer‟s/Engineer‟s representatives deputed for the work. The Contractor shall accommodate free of cost upto two apprentices per dredger as may be nominated by the Employer in consultation with the Director General of Shipping and provide suitable boarding and lodging on board the dredger during the period of apprenticeship. 19.5 Facilities / Services provided by Contractor to Employer / Engineer The contractor shall provide following facilities within 15 days from the date of receipt of acceptance letter for the work upto the date of issue of Taking Over Certificate at no extra cost to the Employer / Engineer . The facilities provided shall be returned back to contractor after completion of the project. 1) Vehicle - 1 No. Air Conditioned SUV – 8 seaters Note :- The vehicle shall be new / not more than 2 years old and of approved make and type. The vehicle shall be available on round the clock & all expenses of fuel, maintenance, driver, taxes, duties, registration charges etc. will be borne by the contractor. 2) VHF or equivalent communication facilities for each project. 3) One Desk Computers and one Laptop with Two printers for this project.The configuration shall be of the latest available and approved by Engineer. (iii) Printer a) Colour Laser Jet printer capacity more than or equal to 8 (A3) pages per minute like HP. colour Laser Jet 2600 or equivalent. The contractor shall install the equipments at the location as directed by the engineer and demonstrate the operation till the engineer is familiarize to use the equipments, after which MbPT shall take over the equipments. In case of failure to provide the equipment within 30 days from the receipt of letter of intent, an amount of Rs.500/- per day or part thereof shall be recovered from the contractor's bill.
(iv) Stationery and consumables for the PC.
(v) Photocopying facility for the project.
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19.6 On completion of the works, the Contractor shall demolish and remove from the Site all temporary structures leaving the area in clean and tidy condition to the approval of the Engineer/Employer. No claim for extra payment or for extension of time in the removal of such items and the like will be entertained and the Contractor shall allow in his rates for all the cost of removing any items of the type or types listed above and the like which may be encountered in the course of the dredging which he is required to execute. 20.0 QUALITY MANAGEMENT / ASSURANCE The Contractor shall document and operate Quality Assurance System as approved by the Engineer/Employer. In addition, the Contractor shall prepare a Quality Assurance Plan for the execution of the works. The plan shall be submitted within 21 days of receipt of the letter of Acceptance. The Quality Assurance Plan shall be reviewed, updated and resubmitted for approval as necessary throughout the Contract period. The Quality Assurance Plan shall specifically address: i) The procedures for maintaining the project quality requirements with respect to the use of subcontractors, vendors and suppliers; ii) The structure of all correspondence between the Contractor and the Engineer, iii) Software, which will be used for calculations of dredging volume. The Contractor shall cooperate with the Engineer and provide all the necessary works and records to enable the Engineer to assess the Contractors quality assurance plan and associated procedures.
21.0 ENVIRONMENTAL MANAGEMENT PLAN FOR EXECUTION 21.1 The Contractor shall observe and comply, to the extent applicable the stipulations as laid down by Ministry of Environment and Forest, India while approving the projects. The contractor shall within 21 days from the Letter of Acceptance submit the implementation plan in this respect The Contractor shall also abide with all the relevant environmental stipulations during the progress of the work. The Contractor shall submit the reports regularly to the Employer/Engineer for information and approval. 21.2 The Contractor shall respect and abide by the restrictions and safety rules as applicable and as imposed by the authorities concerned. 21.3 The Contractor shall employ the Accredited agency for the Monitoring of EMP and shall be responsible to adhere and satisfy all the requirements related to EMP. The cost towards the EMP including monitoring shall be borne by the Contractor. 21.4 Environmental Control All oil and greasy wastes on board the “Contractor‟s Equipment”, floating vessels, crafts, etc. shall be collected in containers and disposed away on land as directed by the Engineer and shall not be let into the sea. Before starting the Work a scheme shall be worked out in consultation with the Engineer which will be acceptable to the Environmental Control Cell of Mumbai Port Trust.
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Mumbai Port Trust (MbPT) Special Applications Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 Document No.: CE.JD5 – CD/2015 Page 72 of 108 ______22.0 Relocation of Navigational Aids It is the responsibility of the Contractor to shift, place and reposition the existing navigational aids such as buoys laid for marking the Channel which are creating obstructions to the Contractor‟s dredging activities as per the instructions of Engineer. The Contractor shall take utmost care and precaution in shifting and repositioning of the navigational aids to avoid any damage. 23.0 General – Survey The Contractor shall make suitable provisions for calibration of all survey equipment including the tide gauge whenever directed by the Engineer. Because of the extent of tidal range the Contractor shall place special stress on the accurate reduction of sounded depths. The survey launch, survey equipments, automated survey system software etc. require the approval of the Engineer before being imported to Site. Software HYPACK/ PDS 2000 should be used for survey purpose. 24.0 Data from Surveys All raw data on recording paper and/or CD / DVD / Pen Drive of echo sounder and tide gauge shall become property of the Employer after the surveys and drawings have been completed. 25.0 Breakdowns The Contractor shall inform the Engineer forthwith of any breakdown, irregularities or otherwise, affecting the positioning of his dredger, vessels or other equipment. Delay incurred in the dredging operation due to malfunctioning of the Electronic Positioning System shall not be reimbursed under the Contract. 26.0 Dry Dock Facilities If the Contractor requires dry docking facilities for his craft and if the Employer‟s existing dry docks are suitable for the purpose the Employer, may make available such dry docking facilities to the Contractor on normal terms, conditions and charges in force from time to time. However, no priority will be given to the Contractor over others who may already have booked the dry docks and the Contractor will have to take his turn according to the normal procedures in force. All repairs on board the dredger shall be carried out by engaging licensed ship-repairing firms. 27.0 Order of Works The order in which the Works are to be carried out shall be to the approval of the Engineer and shall be such as to suit the approved programme of works.
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Mumbai Port Trust (MbPT) Technical Specifications Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 PQ Document No.: CE.JD5 – CD/2015 Page 73 of 108 ______
Technical Specifications
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Mumbai Port Trust (MbPT) Technical Specifications Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 PQ Document No.: CE.JD5 – CD/2015 Page 74 of 108 ______TECHNICAL SPECIFICATIONS – SURVEY WORKS
1.0 SURVEY REQUIREMENTS 1.1 Survey Vessel The Contractor shall provide, maintain and operate with a skilled and efficient crew to the satisfaction of the Engineer, an all weather seaworthy survey launch suitable for surveying and site investigation work including handling gear during the currency of the Contract. The launch shall have the following requirements: Shall be of Steel/FRP hull construction. The launch shall have adequate power back up for continuous operation of the equipment. It should have ample space to accommodate the survey and investigation equipment and shall provide day accommodation for three men of the Employer/Engineer‟s staff, besides the normal crew and contractor‟s own surveyors. The launch shall be fitted with Radar and VHF facilities and provide radio communications between all survey personnel. The launch shall have maximum speed of 10 knots and with excellent control and maneuverability at low speeds. The wheel house shall be air conditioned 1.2 Surveying Equipment The contractor shall provide, install and operate to the satisfaction of the Engineer the following survey equipment. • Multi beam Echo Sounder:
Multi-beam swath bathymetry system of RESON SEABAT 8125 or equivalent shall be used for obtaining the multi beam bathymetry data. The system shall be deployed using side pole. The bathymetric data along with roll, pitch and yaw shall be logged to data logging PC using standard data logging software.
The minimum specifications of 8125 SWATH or equivalent shall be as under:
Frequency: 455 kHz
Depth Resolution: 6 mm
Swath Coverage 3.5 times water depth (120°)
Max Range/Depth: 120 m
Number of beams: 240
Along-Track Beam width: 1°
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Mumbai Port Trust (MbPT) Technical Specifications Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 PQ Document No.: CE.JD5 – CD/2015 Page 75 of 108 ______Across-Track Beam width: 0.5°
Accuracy: IHO Special Order U.S. Army Corps of Engineers Special Order
Operating Speed: Up to 12 knots
Max. Update Rate: 40 times/sec
It shall not be permitted for any reason to use lower operational frequency for the post dredging survey than that has been used for the pre-dredging survey. Provision of a hull mounted/side mounted Multi-beam system and topside electronics aboard the survey vessel. The Multi-beam system shall collect full-coverage bathymetry and backscatter and be optimized to work in depths of the area as per the project requirement. A motion sensor shall be interfaced to the Multi beam echo sounder to compensate forlatency, heave, pitch and roll effects. The recording system shall have digital recording capabilities. In addition to field record annotations, all unusual returns, such as sand waves, etc., shall be highlighted. The bathymetric data along with roll, pitch and yaw shall be logged to data logging PC using standard data logging software. MBES has to be calibrated and patch test submitted to Client rep onboard for approval before start of works. The minimum specifications for Dual frequency echosounding shall be as under: Frequency: 33/ 210 kHz Accuracy: IHO Special Order U.S. Army Corps of Engineers Special Order
It shall not be permitted for any reason to use MBES for the post-dredging survey at different operational settings than that has been used for the pre-dredging survey. Heave Compensator have to be installed while the survey is being carried out.
1.3 Differential Global Positioning System (DGPS) The contractor shall provide, install, operate and maintain an approved Differential Global Positioning System (DGPS), which shall fully cover the site of works and be constantly in operation during the course of the dredging works. At the start of each Hydrographic survey, the DGPS is to be calibrated to the specified accuracy. To this effect, the contractor shall establish a fixed point (or fixed points) with known co-ordinates such that the survey boat can easily be positioned with the transducer of the echo-sounder always in the same position relative to the calibration point. The system shall be installed, tested and set to work for continuous operation during all dredging and survey operations. The system shall be fully operational, a minimum of 3
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Mumbai Port Trust (MbPT) Technical Specifications Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 PQ Document No.: CE.JD5 – CD/2015 Page 76 of 108 ______days before surveying operations commence including field Calibration by using known / established Port survey Stations. Once operational, the system shall remain in continuous operation until the last Post- dredging survey is completed and the last Post-dredging survey drawings have been signed jointly by the Contractor and the Engineer‟s Representatives. If the DGPS fails or considered to be inaccurate by the Engineer, the Engineer may permit the use of an approved temporary back-up system or may order that the affected works or part be carried out after the system is again operational or the accuracy has been corrected. No extension of time for completion shall be granted by the Engineer to the Contractor on account of such discontinuity in the Works. Any expenditure incurred by the Contractor on account of this shall be deemed to be included in the rates and prices quoted by the Contractor and shall not be paid separately. The Differential Global Positioning System (DGPS) should have one hundred percent in- built back up standby equipment to cater for the failure of any individual components. The Differential Global Positioning System (DGPS) shall at all times maintain a repeatable accuracy, for any point within the work site of plus or minus 1.0 m in the horizontal plane. 1.4 Giving Notice of any irregularities The contractor shall inform the Engineer‟s Representatives forthwith of any breakdown irregularities or otherwise, affecting the positioning of his vessels or other equipment. Delays incurred in the dredging operation due to malfunctioning of the Differential Global Positioning System (DGPS) shall not be reimbursed under the contract and will not entitle the contractor to an extension of time for completion. 1.5 Existing Survey Mark Survey marks exist in the area on land for the use of the Contractor. The Contractor will be permitted to use these established survey marks for triangulation surveys, levelling surveys or for checking purposes under the following conditions That no station is damaged That any marks, flags or equipment required by the Contractor shall be placed adjacent to or directly above (if possible) the permanent mark in a position approved by the Engineer; that the Contractor shall be responsible for establishing the true position and level of any mark, flag or equipment placed by him in relation to the permanent mark 2.0 SURVEYING 2.1 General The Contractor shall at his own expenses perform all necessary survey work required to be executed by him as directed by Engineer. For this purpose, he shall furnish and employ all personnel, services, equipment and supplies needed to perform the survey and all incidental work required for; Setting out, including the marking of all points for the works to be carried out Registration of water levels
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Mumbai Port Trust (MbPT) Technical Specifications Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 PQ Document No.: CE.JD5 – CD/2015 Page 77 of 108 ______ Pre- dredging surveys and charts Post- dredging surveys and charts Intermediate progress surveys and additional surveys Provision of the DGPS Provision of the hydrographic survey launch with on board processing and dredging software and printing hardware All raw data of survey Field measurements and collection of data shall be executed to a degree of accuracy in horizontal and vertical directions and processed to scales to the full satisfaction of the Engineer. Engineer‟s and/or Employer‟s Representative shall be present during any surveys or any connected activities on site. 2.2 Engineer„s witness of activities The setting out of works under the Contract shall be executed by the Contractor with the presence of Engineer‟s Representative. All the surveys or any connected activities shall be executed in the presence of Engineer‟s Representative. He shall be given ample prior information of the plans to work in this respect and provide the Engineer‟s Representative with every assistance to fulfil his duties. 2.3 Setting Out prior to Commencement of the work Setting out of the Works shall be done by the Contractor on such dates as to permit timely commencement of the work. The Contractor shall furnish, install and maintain all markers, buoys, shore beacons and their items necessary to define the Works and facilitate the inspection and measurement thereof. It shall be the responsibility of the Contractor to obtain all licenses, permits and permissions for the use of marine radios, walkie-talkies, radio positioning systems, for the placing of onshore, offshore and underwater beacons and marker buoys, and for giving the proper statutory notices for all maritime operators. The costs of such licenses, permits and notices are to be borne by the Contractor, and shall be deemed to be covered by the rates and prices quoted in the Tender. The Contractor shall be responsible for the accuracy of the setting out of the works and shall be executed in the presence of Engineer‟s Representative. 2.4 Checking of Setting out The Contractor shall provide the Engineer‟s Representative with sufficient equipment, duly calibrated in the field, manpower, and materials to enable him to check the Contractor‟s setting out, at any time the Engineer‟s Representative may reasonably direct. 2.5 Survey Charts After each survey the contractor shall immediately prepare drawing on which shall be recorded the results of the survey in the form of plans, to a scale of 1:2000 or as directed by the Engineer and cross sections to a scale agreed by the Engineer. All survey charts to be produced by the contractor shall be reduced to chart Datum (CD), and the depths and / or heights shall be plotted in meters and decimeters. The contractor shall place special stress on the accurate reduction of sounded depth in relation to the water depth. The charts are to be presented to the Engineer in the approval form and with sufficient required number of copies.
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Mumbai Port Trust (MbPT) Technical Specifications Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 PQ Document No.: CE.JD5 – CD/2015 Page 78 of 108 ______Furthermore, the charts shall incorporate all reference points, coastline, buoys, beacons, markers, gauges and benchmarks, together with the location and nature of obstructions, structure and facilities. Particular items of interest shall also be indicated on the Charts. After the results, plotted on each drawing, have been checked and verified, the Contractor and Engineer shall put date and sign each agreed drawing and these shall form the basis of the measurement of any Dredging Work executed. The Contractor shall submit four copies of the drawings in addition to the original recording of sounding field works etc., after the survey is completed at each state. The contractor shall notify the Engineer 48 hours in advance of commencing any survey work. 2.6 Scale of Survey Charts Data generated by the surveys shall be elaborated in accordance with sound topographic and hydrographic practices and be presented on survey charts of the site on a scale and format to be agreed upon by the Engineer‟s Representative. All survey lines shall be shown on the charts with plot-intervals along the lines not exceeding 10 metres with intermediate plots, if necessary. 2.7 Survey Personnel etc. The Contractor shall, at his own expense, carry out all the necessary surveys, measurements and setting out of the Works and shall for this purpose engage well qualified, experienced and competent marine and hydrographic surveyors. The contractor shall, for the purpose of checking the survey and setting out, provide to the Engineer all the assistance, which he may require. The Surveyor shall be selected having appropriate experience, and as far as possible, the same surveyor shall be provided throughout the Contract Period. Before commencing any survey work or setting out, contractor shall give the Engineer not less than two days written notice of his intention to survey or to set out or to take soundings for any part of the works in order that arrangements may be made for checking. The Contractor shall provide for the sole use of the Engineer and his staff, all necessary survey instruments and other equipment and all technicians, labour and attendants which the Engineer may require for checking the setting out and soundings. The Contract, shall maintain in good working order at all times, during the period of the Contract, the instruments and equipment provided by him all as aforesaid. The Contractor shall provide at his own expense, any poles, stagings, templates, or profiles required by the Engineer for checking or measurement of the works. Working shall be suspended for such times as necessary for checking the lines and levels on any part of the Works, at no extra cost to the Employer.
3.0 HYDROGRAPHIC SURVEY 3.1 Hydrographic surveys shall be performed by using Multibeam echosounding (MBES) equipment and an electronic Differential Global Positioning System (DGPS), both with an accuracy, which ensures that the requirements of the Contract are achieved. These surveys shall only be carried out if weather and sea conditions, condition of equipment and methods of execution and interpretation are, in the opinion of the Engineer, satisfactory for this purpose. The Engineer‟s Representative may resolve to check echo soundings by Single Beam Echosounding or any of other methods to measure water depths, such as sounding poles or lead lines. The Engineers Representative may also order calibration checks of the equipment as and when considered necessary. The Contractor shall cooperate in this respect and supply any manpower, boats and equipment that may be reasonably required for this verification.
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Mumbai Port Trust (MbPT) Technical Specifications Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 PQ Document No.: CE.JD5 – CD/2015 Page 79 of 108 ______The position, whether determined by electronic or optical methods, should be regularly checked by reference to onshore transit marks at some point along the survey line. 3.2 Calibration of Sounding Equipment Echo sounding equipment shall be checked and calibrated at least daily before and after use, by means of a bar or plate suspended at known distances below the water surface. MBES shall be calibrated before start of works as per standard procedures using pitch, heave roll. Checking shall be performed at the actual location of the survey and the Engineer‟s Representative may require additional checks during surveying. Adjustments to the recordings/readings taken shall be made accordingly. Records of bar checks shall be retained at the start and end of the echo sounder record for the day of survey. The echo sounder should maintain a repeatable accuracy of better than 10 cms. 3.3 Field Books All field books, calculations, maps, original records, survey tracks and as-run plots etc. of all survey activities shall be kept on site available for the Engineer‟s Representative‟s study or checking for the duration of the Contract. 3.4 Accuracy of Surveys The accuracy of surveys in the horizontal plane, related to the relevant triangulation stations for the projects should be within 1.0m The accuracy of surveys in the vertical plane includes: The echo sounder, which should maintain a repeatable accuracy of better than 10 cm for measurements of distances between seabed and survey vessel waterline. The registration of water levels by means of temporary tide gauges, which should be within 5 cm. The water level plane between the tide gauges and the survey location can be assumed horizontal. Survey Track lines on consecutive surveys should be sailed in the same direction. The survey lines shall be run at 10.0 m spacing or as per the swath of the MBES and cover the entire area without any gaps. However the Sounding grid shown on the drawings shall be 10 m x 10 m. All survey lines shall be extended a minimum distance of 50 m (in the horizontal plane) beyond the top of dredged slopes wherever possible. All specified surveys shall be carried out jointly by the contractor and the Engineer‟s Representative. 3.5 Digital recording and plotting Interpretation of echo rolls, reduction of sounded depths for tidal heights obtained from tide gauges, corrections for squat and wave motions (to be made using appropriate observed data and/or compensating devices) and definition of bottom levels on the echograms are to be done to the satisfaction of the Engineer‟s Representative. Each fix on the echo roll shall be annotated on the track plot chart of the survey vessel, and there should be at least one fix for every 10 m of cross section or as approved by the Engineer and the interpreted data shall be plotted. 3.6 Tide gauges The Contractor shall, at the commencement of the Contract install one number automatic self controlled and self recording tide Level Gauge to monitor and measure continuously the tides with respect to the Chart Datum at an approved location near the shore and maintain and keep daily records of the tide levels throughout the Contract
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Mumbai Port Trust (MbPT) Technical Specifications Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 PQ Document No.: CE.JD5 – CD/2015 Page 80 of 108 ______period. These gauges shall be placed and calibrated at least 15 days before dredging is foreseen to commence. The area where the tide gauges are to be installed shall be properly illuminated. 3.7 Reduction of sounded depths The Contractor shall place special stress on the accurate reduction of sounded depth in relation to the prevailing tidal levels. 3.8 Pre-dredging Surveys (In surveys) For determination of the original seabed level, before commencing dredging operations, a joint survey of the seabed is to be undertaken by the Contractor and the Engineer. The services of an external survey agency like MPSO shall be inducted for the Pre dredge surveys and for all intermediate bill surveys along with the representative of the Engineer, Employer and the Contractor. All costs for surveys conducted by the External Agency will be borne by the Employer. The surveys should include the designated dredging areas and also the dumping area. The surveys shall be carried out at 15 m grid. All the dredging drawings shall be plotted on 1:2000 scales or as specified by the Engineer and these shall be constructed on Local Co-ordinates System or WGS84 On completion of the survey, the Contractor or the external agency shall prepare within 24 hours, survey charts and cross sections showing the full results of the survey. Drawings in Auto-cad should be submitted in soft and hard copies. On completion and agreement of the contents of the drawings, the Contractor, Engineer and Employer shall sign the drawings, which shall form the basis for all the further measurement of the works undertaken in the course of the Contract. 3.9 Interim Surveys (Progress Surveys) Interim surveys shall be carried out during the progress of dredging works for interim payment or as specified by the Engineer. Soundings shall be taken under the same configuration and settings as used for pre-dredging surveys. The intervals of survey gridline shall not be more than 20m. The copy of raw data of surveys along with tide levels shall be handed over to the Engineer/Employer after completion of survey everyday. On completion of each survey, Contractor shall prepare record drawings showing surface levels of the bed reduced to Chart Datum and submit the same to the Employer/Engineer for approval. These approved drawings shall be used for interim measurement and payment. Software HYPACK MAX or PDS2000 or as approved by the engineer should be used for hydrographic data processing, editing, plotting, contouring, profiling and quantity calculation and digitizing. 3.10 Post- Dredging Survey (Out Survey) The Post dredging survey equipment shall have the same equipment and configuration as used for Pre dredging survey. On completion of all required dredging works and sweeping operation a post dredging final hydrographic survey will be conducted jointly by the contractor and the Engineer‟s Representative on the same basis as specified for pre-dredging survey. In addition to above, the services of an external survey agency as approved by Employer/Engineer may also be inducted for Post dredging surveys along with the representative of the Engineer, Employer and the Contractor. On completion of the survey, the Contractor or the external agency shall prepare, survey charts and cross sections showing the full results of the survey. All the data, fair charts/plotting sheets, survey report, positioning data, tidal data, echo-traces, computation
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Mumbai Port Trust (MbPT) Technical Specifications Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 PQ Document No.: CE.JD5 – CD/2015 Page 81 of 108 ______work sheets, and analyzed charts (both hard and soft copies) shall be submitted to the Engineer/Employer. On completion and agreement on the contents of the drawings and if the Engineer‟s and Employer‟s Representatives had satisfied themselves that the works have been executed according to the Contract, the Contractor, the Engineer‟s Representative and Employer‟s Representative and Hydrographic Surveyor of external agency, in case survey conducted by external agency shall sign the drawings, which then acquire the status of “Post- dredging Survey”. 3.11 Sweeping of Dredged Areas On completion of all Dredging works and before final measurements, all the dredged areas shall be swept by Side Scan Sonar Surveys to confirm that the sea bed is at or below the required dredged levels and that no physical obstruction(s)/projections are present. The Contractor shall remove any projections and sweep the areas again to check that their removal is complete. For this purpose, Contractor shall provide all required means and appliances including Multibeam echo sounding equipment, Side scan sonar and sub bottom profiling system without claiming any extra cost and as approved by Engineer well in advance to the commencement of the sweeping. The areas where rock dredging is involved, extra care shall be provided while sweeping is carried out to ensure that the seabed is free from projections above dredged level. The Contractor shall remove any projections and sweep the areas again to check for their removal.
3.12 Additional Surveys Additional surveys, upon instructions of the Engineer‟s Representative shall include regular surveying of the disposal areas and areas (within or in the vicinity of the site) where shoaling is expected or where artificial obstructions are suspected. Contractor shall carry out these surveys in presence of Engineer‟s representative without any extra cost to the Contract. The dumped material should not form a heap and should be evenly spread in the designated area. The height of dumped material should not exceed 2.5m 3.13 Acceptance The contractor shall notify the Engineer in writing when he considers the Dredging works is completed. Within fifteen days of the receipt of such notice the Engineer, when in his opinion, it will not be subjected to any damage by the further operations under this Contract, will thoroughly examine and survey the areas jointly with the Contractor by taking additional soundings at the areas. The works shall be considered as accepted only after the examination conducted by Engineer indicates that there is no lack of Contract depth and Dredging works is completed in all respects. 3.14 Payment Interim and final payments shall be made as follows: a) All the payments are based on achieving dredged depths of specified areas. However for interim payments, the Tentative Percentage Payment to be released to the Bidder will be issued at the Price bid stage.. b) No additional payment shall be made in respect of the materials dredged beyond the specified dredge levels including permitted tolerance. as detailed in the drawing. Standard Software HYPACK MAX/PDS 2000 or as approved by Engineer shall be used for processing the survey data.
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Mumbai Port Trust (MbPT) Technical Specifications Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 PQ Document No.: CE.JD5 – CD/2015 Page 82 of 108 ______3.15 Cost of Survey The cost of providing all survey equipment, consumables, spares etc and carrying out all surveys including any additional surveys, setting out, etc. and preparation of all record drawings for the purpose of the execution of the Contract, are deemed to be included in the rates and prices quoted in Bill of Quantities. No additional payment will be payable to the Contractor in this regard. However, post dredge surveys, if conducted through the external agencies shall be borne by the Employer.
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TECHNICAL SPECIFICATIONS – DREDGING WORK
1.0 GENERAL 1.1 Conditions of Contract and Technical Specifications The Conditions of Contract, the Drawings, Bill of Quantities, and Appendices to the Tender are to be read in conjunction with these specifications and matters referred to, or shown in any of the former, which are not repeated in latter. Notwithstanding the subdivision of the specifications under different headings, every part of it shall be deemed supplementary to and complementary of every other part. 1.2 Plant and Equipment The Contractor shall be responsible for the supply, use and maintenance of all dredging plant and equipment and shall ensure that it is suitable for the works and is maintained in such a manner as to ensure its efficient working. The Engineer may direct that plant and equipment, which is not efficient and is prejudicial to the quality of the works be removed from the site and replaced by a plant and equipment to his satisfaction. 1.3 Contractor Responsibility for material, Labour and Equipment The Contractor shall be responsible for the provision of all materials, stores, equipment and craft necessary for the satisfactory execution and completion of the dredging work and surveys for the measurements. The Contractor shall employ competent persons with adequate qualifications and experience in dredging to take charge of and maintain in good working order all dredgers, hopper barges, tugs and drilling pontoons and other crafts to be deployed for the works. 2.0 TEMPORARY WORKS 2.1 General As soon as practicable but in any case not later than two (2) weeks after receipt by the Contractor of the notification in writing that the Contract is awarded to him, the Contractor shall submit detailed work plans, procedures, drawings, specifications and details of the equipment, for the approval of the Engineer before the mobilization of marine spread. 2.2 Office, workshops, stores etc. It shall be the full responsibility of the Contractor to provide, erect, construction and equip a base office, stores, buoys, mooring, loading and unloading facilities and the like required by him or his principals, employees or agents complete with all machines and equipment. 3.0 DREDGING WORKS 3.1 Scope of works This Contract involves the following works: i) Mobilization of suitable TSHD(s) (maximum 2Nos. with minimum combined capacity of 7000 m3 hopper capacity) or any other suitable dredger (s) along with accessories/ spares and experienced personnel for executing the works effectively. ii) Dredging in all types of the soils and rock in the Navigational Channel, , Anchorage area and in front of berths as specified in the drawings.
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Mumbai Port Trust (MbPT) Technical Specifications Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 PQ Document No.: CE.JD5 – CD/2015 Page 84 of 108 ______iii) Marine transportation and disposal of the dredged materials to the designated offshore dumping areas as specified or as directed by the Engineer. iv) Demobilization of all equipment and personnel from the site. 3.2 Method Statement Prior to the commencement of work, the Contractor shall submit to the Engineer, statements of his method of execution, equipment, sequence of works and drawings giving in detail. The method statement shall include but not be limited to the contractor‟s proposed measures, method and procedures for safety, site establishment, hydrographic surveying works and environmental monitoring etc. 3.3 Materials to be Dredged The details of the Soil Investigation carried out for the proposed Project work are shown in the report, enclosed with the tender. 3.4 Dredged Slopes and Tolerances The following dredging tolerance over and above the specified depths or dredge lines shall be allowed for this dredging work.
Horizontal Tolerance Vertical Tolerance Inside : Nothing Nothing above
The final dredged profile will be accepted with the above tolerances. However lumpsum prices quoted deemed to include the overdredging/ tolerances referred above. The slopes to be followed are 1:5 in the Dredging areas 4.0 DREDGING AREA WATCH AND WARD 4.1 The contractor at his own cost shall make such provisions for lighting of dredging areas. Temporary works, materials and Plant, whether on shore or afloat and shall provide all such marks and lights as may be required by the Employer or the Engineer or any other authority having jurisdiction over the site together with all labour, stores and services required for their efficient working and use at any time, day or night and all marks by floats, buoys, etc, as required for the proper indication of submerged work and of moorings for his vessels. 4.2 The Contractor shall also provide at his own cost every description of watching and maintenance required in connection with the foregoing and all other services for protecting and securing all places dangerous whether to contractor‟s workmen or to other persons until the works are handed over to the Employer or till such time when the Engineer decides that such services are no longer required. 4.3 All lights provided by the contractor shall be placed or screened such as not to interfere with any navigation lights or with any traffic or signal lights of any local or other authority. 4.4 Day and Night markers to be provided on Flotilla Floating plant deployed by the Contractor shall display day and night markers (signals) as required by the Mumbai Port Authorities. All attendant hoppers, tugs or other crafts
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Mumbai Port Trust (MbPT) Technical Specifications Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 PQ Document No.: CE.JD5 – CD/2015 Page 85 of 108 ______associated with the work shall display riding lights when moored or buoyed in the port area and shall not obstruct other port traffic when moving to and from the dredgers. All anchors or other securing devices for moorings are to be placed in accordance with the requirements of the port. The contractor shall ensure that he provides the Port all the details with accurate fix of the position of all anchors, securing devices and mooring lines as and when the information is required. Certain area within the port basin will be in constant use and shall be kept free from the equipment related to the dredging operations till specifically authorized by the Engineer/Employer. 4.5 Marking buoys of the Dredged Areas The Contractor shall provide and place in position and maintain adequate number of buoys to mark the dredging areas, dumping area,limits and boundaries etc. The Contractor shall at his own cost, provide all assistance such as boats, labour, etc. which the Engineer or his representative may require to enable him to carry out the required inspections and checks. The Contractor shall allow for all re-aligning or replacement of buoys and navigational lights arising from drifts or any other cause as is considered by the Engineer. Such buoys shall be removed upon completion of the works. 5.0 Disposal of Dredged Soil All the soil dredged under this Contract belongs to the Employer and shall be disposed off only in such manner as directed by the Engineer or his Representatives. The dredged soil should be deposited at the dumping areas DS3 shown on the Drawing . The Contractor shall ensure that no dredged soil is dumped outside the limits of the dumping areas specified. A record shall be kept of all the positions and time of each hopper discharge and this record shall be forwarded to the Engineer every week. Periodical check survey shall be carried out to ascertain that the bed levels in the dumping areas are within the tolerance limits. Check survey results plotted on the drawings shall be submitted to the Engineer. In case of dumping of dredged material by the Contractor at unauthorized places and times, such quantities so dumped and as assessed by the Engineer shall be removed by the Contractor at his cost and the same shall be dumped in the designated dumping ground. 6.0 INTERRUPTION OF WORK AND IDLE TIME CHARGES The contractor shall allow in his rates for any loss of working hours due to weather, surveying, positioning of craft, shifting of dredger and other equipment from one area to another area depending upon the traffic operations or for maintenance. Any claim for idling of the contractor‟s plant and machinery or any other inputs shall not be entertained by the Port for reasons whatsoever except solely on account of “Suspension of work” on the instructions of the Employer / Engineer in accordance with Clause 40.1 of General Conditions. Non-availability of working area including the berths etc. will not come under the purview of “Suspension of work” and therefore the contractor shall consider all such events including the normal Port operations and submit their offer accordingly. Berthing programme of vessels will be available from Port office. In addition, notice will be given approximately 2 hours or as decided by the Dy. Conservator of the MbPT before the sailing of vessels and the contractor shall contact
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Mumbai Port Trust (MbPT) Technical Specifications Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 PQ Document No.: CE.JD5 – CD/2015 Page 86 of 108 ______the signal station for any information in this regard and move their dredging plant, if necessary, for the manoeuvrability of the ships at no extra cost. The Engineer also reserves the right to direct the contractor to carryout the dredging operations in any of the vacant areas to be dredged without affecting the normal traffic operations and no extra payment will be made on this account. For the reason stated or for any other reasons, except in the case of “Suspension of work” pursuant to Clause 40.1 of General Conditions, no claim on idle time charges shall be entertained by the Port. In the case of “Suspension of work” alone pursuant to Clause 40.1 of General Conditions of Contract, the rates entered by the contractor in Appendix to Bill of Quantities (for particular vessel as per the break up) for idle time charges shall apply. The idle time charges pursuant to clause 40.1 of General Conditions of Contract shall be applicable only to the major dredgers like (TSHD & CSD) deployed by the Contractor for the work. Major dredgers shall mean, the dredgers proposed by the contractor for fulfilment of eligibility criteria at the time of bidding. Subject to the condition that such “Suspension of work” is confirmed by the Engineer in writing within 24 hours of each of such occurrences. In such an event and total period of suspension exceeds a continuous period of 48 hours, the idle time shall be reckoned as the total in one continuous interruption minus 24 hours. The idle time charges shall be paid only for the particular vessel, which has to suspend the work in pursuant to Clause 40.1 as per the rates quoted. The continuous interruption less than 48 hours shall not be considered for idle time and is deemed to be included in the rates quoted. Rate for idle time charge will not be considered for financial evaluations. Bidder may require to justify for the idle time charge quoted by him as compared with idle time charge quoted by the other bidder. The following will be eventualities for applicability of this clause (a) Shipping movement of MbPT when the Dredger is stopped on express orders of MbPT (b) Dredger kept idle at the instructions of the Employer/Engineer. 7.0 No Additional payment shall be made in respect of the materials dredged beyond specified limits of tolerance.
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Tender Drawings
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Drg.No.A812-000-12-42-1001, Rev.0 Dredging Area & Borehole location Map, which is enclosed shall be followed for all dredging works.
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EXHIBITS
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EXHIBIT-1
EXPERIENCE DETAILS OF DREDGING AT A SINGLE SITE
Bidder shall furnish their experience details with reference to the work, which pre qualify them in line with Experience stated in Bid Qualifying Criteria, Clause 3.1.2.
(MARK FOR APPLICABILITY IN BOX )
Sl. DESCRIPTION DETAILS No. 1 Name of Project, Location of work executed
2 Detailed Description of work with associated facilities awarded to the bidder
3 Contract Value a) Awarded
b) Final Executed
c) Quantity of work executed
4 Name of Owner, Postal Address, Phone / Fax No. / e-mail
5 Name of Owner‟s Consultant (if any), Postal Address, Phone / Fax No. / e-mail
6 Completion dates Date of award:
Effective Date of contract:
Starting date:
Scheduled completion date:
Actual completion date:
Delay in months, if any:
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Reason for delay:
7 Whether following documents Copy of work order / notification for award enclosed specifying the contract value and scope of work
Copy of proof of completion
Whether above documents are authenticated
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EXHIBIT-2
EXHIBIT FOR PAST EXPERIENCE FOR LAST 7 YEARS
Contract Scheduled Actual Sl. Brief scope of Postal Address value in ____ Starting Reasons for Description of work completion completion No. work of client (Name of date delay, if any. date date currency)
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EXHIBIT-3
FINANCIAL DETAILS
A. AUDITED ANNUAL TURNOVER REPORTS FOR LAST 3 YEARS
A.1 COMPANY
Sl. Gross Turnover (US $ Annual Average Financial Year No. / INR) Turnover(US$ / INR) i) 2014-15 or December 2014
ii) 2013-14 or December 2013
iii) 2012-2013 or December 2012
A.2 PARENT COMPANY GROUP (Consolidated Group companies) (In case of applicability)
Sl. Gross Turnover (US $ Annual Average Financial Year No. / INR) Turnover (US$ / INR) i) 2014-15 or December 2014
ii) 2013-14 or December 2013
iii) 2012-2013 or December 2012
B. ENCLOSE AUDITED REPORT OF PROFIT & LOSS A/C STATEMENT FOR THE PRECEDING THREE ACCOUNTING YEARS.
C. ENCLOSE LETTER FROM YOUR BANKER / SELF THAT THE AGENCY IS NOT UNDER LIQUIDATION, COURT RECEIVERSHIP OR SIMILAR PROCEEDINGS.
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EXHIBIT-4
COMPANY‟S ORGANISATION DETAILS
In this exhibit, bidder shall detail out company‟s organization details listing specifically
1. Whether the company is:
A - Public / Pvt. Ltd. Company
B - Partnership
C - Sole proprietor
2. Whether any change in Company‟s Ownership was there, during last 10 years, if yest then when:
A - No change
B - Changed – earlier ownership was ______
3. Whether the company is
A - Parent company
B - Affiliate company
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EXHIBIT – 5
ORGANISATION CHART
In this exhibit, bidder shall furnish the proposed organization chart covering the following:
1. Home office
2. Construction site
3. Sub-Contracting
4. Planning, Scheduling & Monitoring
5. Site organization chart covering construction supervision (Discipline-wise), Quality Assurance and Quality Control (Discipline-wise), safety etc.
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EXHIBIT – 6
INFORMATION FOR SEEKING SECURITY CLEARANCE
1. It is required to give all the requisite details in respect concerned applicant /consortium partner(s)/sub-contractor(s). etc. covering the following details: -
PROJECT WORK DETAILS
(i). Equipment needed for the Project
(ii). Manpower Projection
(iii). Number of Foreigners likely/necessary to be involved for the project completion.
(iv). Earmarked place for stay of foreigners with details.
DETAILS OF BIDDERS/CONSORTIUM PARTNER(S)
(i). Name of the Company and address
(ii). List of promoters/Board of Directors with particulars.
(iii). Nature of the Company
(iv). Shareholding details.
(v). Parental Organization and the sister concerns
(vi). Number of foreign nationals likely to be required for the execution of the project and their likely locations/deployment.
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EXHIBIT – 7
Bidders to provide information in the formats provided below
I. Details in respect of Company/ Firm (Indian/Foreign):
Sr. Full Name Date of Present Joint Activiti Name of Shareholdi Details Ultimate No of registrati and Ventur es and CEOs/Partn ng pattern of ownership . Companie on Permane es with other ers (with for earlier of s and its nt other busines details) as applicant approva shareholdi
foreign Address busines s in (ii) below company ls , if ng collaborat of Head s owned (and any companies
or if any: Office, owned investing (ref. No. (and the
including Regional company, and investing
details of Offices if date) company if Board of and applicable) applicable)
Directors Registere along with
as in (ii) d Office detailed below particulars
of owners
as in (ii) below
Foreign investee/partner company Self declaration regarding presence/ operation in China and Pakistan (if any)
II. Details in respect of Directors/ Key Executives
Sr. No. Full Name Present Date of Parentage Complete Nationality Passport Contact of Board position birth Present Nos. and Address of held with and issue & Directors/ date Permanent date, if telephone Executives (since Address any number , when) if any
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III. Details of Shareholders (All firms/companies/entities to be included). Also, individuals having shareholding more than 10%.
Sr. No. Full Parentage Date of Permanent Complete Present Nationality % of Name Father/ Birth Address Present position (if hold shares Mother Address held dual held in nationality, other both must Company be clearly (if any) mentioned) than name of Company & complete address may be provided.
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EXHIBIT-8
METHODOLOGY OF EXECUTION
In this exhibit, bidder shall detail out methodology of execution of work for the following:
1. Methodology of Project / Construction execution
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EXHIBIT-9
COMPLIANCE TO BID REQUIREMENT
We hereby agree to fully comply with, abide by and accept without variation, deviation or reservation all technical, commercial and other conditions whatsoever of the PQ Documents and Amendment/ Addendum to the PQ Documents, if any, for subject work issued by MbPT/ EIL.
SIGNATURE OF BIDDER : ______
NAME OF BIDDER : ______COMPANY SEAL : ______
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EXHIBIT-10
SELF DECLARATION
Bidder‟s declaration as furnished in the here shall supersede the stipulations mentioned elsewhere in their bid.
SL. NO. DESCRIPTION BIDDER'S DECLARATION
We confirm that we are not involved in any 1. Litigation/ Arbitration, otherwise, if involved please furnish information about the same.
We confirm that we are not on Holiday/ Negative 2. list of EIL/MbPT on due date of submission of bid.
We confirm that we are not under liquidation, 3. court receivership or similar proceedings.
We confirm that the content of the PQ Document 4. Corrigendum / Addendum (if any) have not been altered or modified.
SIGNATURE OF BIDDER : ______
NAME OF BIDDER : ______
COMPANY SEAL : ______
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EXHIBIT-11
FOR BIDDERS‟ QUERIES
SL. NO. REFERENCE OF BIDDING DOCUMENT BIDDER'S QUERY EIL REPLY
PART/VOL. PAGE NO. CLAUSE NO. SUBJECT
NOTE:The Pre-Bid Queries may be sent by e-mail to concern persons, the details of which is provided in document.
SIGNATURE OF BIDDER : ______
NAME OF BIDDER : ______
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APPENDIX TO BID
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MUMBAI PORT TRUST PQ DOC. NO. CE.JD5 – CD/2015 CAPITAL DREDGING WORKS FOR THE PROJECT OF FIFTH OIL BERTH AT JAWAHAR DWEEP IN MUMBAI HARBOUR
Appendix to Bid
Conditions of Contract Sub-Clause
Performance Security 10.1 The performance security will be in the form of an “unconditional Bank guarantee” for the amount(s) of Ten percent of the Contract Price, rounded to the nearest Rs.1000.00.
Program to be Submitted 14.1 14 days.
Cash Flow Estimate 14.3 28 days.
Minimum Amount of Third 23.1 Rs. 20 Million per occurrence, with the Party Insurance number of occurrences unlimited.
Time of Issue of the 41.1 28 days. Notice to Commence
Time for Completion 43.1 The time for completion for the project is 7 months including mobilisation from the commencement date or release of site whichever is later. Whichever Amount of 47.1 Liquidated Damages for the work shall be as Liquidated Damages under :-
0.5% of the Total Contract Price per week or part of a week including Sundays and Holidays
Limit of Liquidated Damages 47.1 Total Liquidated Damages shall be limited to maximum of 10 percent of the Total Contract Price of the Project.
Defects Liability 49.1 There is no defect liability period
Minimum Amount of Interim 60.2 Rs. 20 Millions. Payment Certificates
Retention Money 60.3 Five percent of Interim Payment Certificates subject to a maximum of 5% of Contract Price. After reaching 2.5% of the Contract price, the Contractor can
Mumbai Port Trust (MbPT) Appendix to Bid Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 PQ Document No.: CE.JD5 – CD/2015 Page 105 of 108 ______replace it by a Bank Guarantee of equivalent amount. Balance Retention Money will be continued to be deducted through Interim Payments at the rate of 5% of the Bill Amount.
Number of Copies of 60.1 Three numbers to Engineer and one to Statement of Completion 60.5 Employer and Final Statement 60.9
Time for Payment of 60.2 14 days for Engineer‟s certificate from date of Interim Certificate receipt.
Notice to Employer and 68.2 The Chief Engineer Engineer Mumbai Port Trust 3rd Floor, Port House S V Marg, Ballard Estate Mumbai – 400 001 Tel – 022-22611458 Fax- 022-22616804 Email : [email protected]
Mumbai Port Trust (MbPT) Checklist for PQ Submission Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 PQ Document No.: CE.JD5 – CD/2015 Page 106 of 108
CHECK LIST FOR PQ BID SUBMISSION
Mumbai Port Trust (MbPT) Checklist for PQ Submission Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 PQ Document No.: CE.JD5 – CD/2015 Page 107 of 108
CHECK LIST FOR PQ BID SUBMISSION
Bidder is requested to fill this check list and ensure that all details / documents as mentioned in the prequalification Document is submitted alongwith their PQ bid. Please tick () the box and ensure compliance and specify the Page no. of PQ bid submitted.
Sl. Page No. of PQ Details / Documents Check box No. bid 1 Letter of submission Submitted Page No. _____
2 a Check List
This check list duly filled in and stamped.
Submitted Page No. _____
2 b Document cost as mentioned in Invitation for Pre- qualification section10.0‟
3 Power of Attorney in favour of signatory of PQ bid.
Submitted Page No. _____
4 Particular Experience details as per Exhibit-1 alongwith copy of work order / award of work, copy of proof of completion.
Submitted Page No. _____
5 Specify name of projects for which Experience details as per sl. no. 4 has been submitted.
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Mumbai Port Trust (MbPT) Checklist for PQ Submission Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 PQ Document No.: CE.JD5 – CD/2015 Page 108 of 108
Sl. Page No. of PQ Details / Documents Check box No. bid
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6 Past Experience, General, as per Exhibit-2
Submitted Page No. _____
7 Financial details as per Exhibit-3
Submitted Page No. _____
8 Audited Balance sheet including Profit and Loss account for the last three years.
Submitted Page No. _____ Submitted for the years 1. ______2. ______3. ______
10 Company‟s Organisation details as per Exhibit-4 and Organisation chart as per Exhibit-5
Submitted Page No. _____
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Mumbai Port Trust (MbPT) Checklist for PQ Submission Capital Dredging works at J5 berth, Jawahardweep Rev.0 Job No. A812 PQ Document No.: CE.JD5 – CD/2015 Page 109 of 108
Sl. Page No. of PQ Details / Documents Check box No. bid 11 Information for Seeking Security Clearanceas per Exhibit-6
Submitted Page No. _____ 12 Information about bidder as per Exhibit – 7 Submitted Page No. _____ 12 Methodology of execution as per Exhibit – 8
Submitted Page No. _____
13 Details of: a) Dredging and Reclamation schedule b) Details of Dredging spread with pipeline transport system c) Details of Survey spread along with equipment
Submitted Page No. _____ 14 Compliance to Bid requirement as per Exhibit-9
Submitted Page No. _____ 15 Self certificate as per Exhibit-10
Submitted Page No. _____ 16 Any other document
Submitted Page No. _____
Furnish details
Any drawings to be attached showing dredging areas.
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