ELECTRIFICATION WORK AT FERRY WHARF TO FACILITATE RO … · etc. should be included in cost. Exhaust Pipe to have insulation and aluminum cladding. Day Tank with Gauge Glass level

1

MUMBAI PORT TRUST

MECHANICAL AND ELECTRICAL ENGINEERING

DEPARTMENT

TENDER No. MEED. 06 /2016

ELECTRIFICATION WORK AT FERRY WHARF

TO FACILITATE RO RO PAX SERVICES

First Cover (Volume-I)

TECHNO-COMMERCIAL PROPOSAL

CHIEF MECHANICAL ENGINEER

NIRMAN BHAVAN, 5TH FLOOR N. V. NAKHWA MARG, MAZGAON,

MUMBAI – 400 010. Tel. No. (022) 66566500, Fax. No. 91-022-2374 4277

www.mumbaiport.gov.in e-mail : [email protected]

IMPORTANT NOTE

At any time, prior to the last date for submission of tender, MbPT

may modify the tender document by issuance of amendment(s). Any amendments including the dates, venue, corrigendums, clarifications to pre-bid queries, etc. shall be posted on the website

of the Mumbai Port Trust ( www.mumbaiport.gov.in ) and the CPP Portal (www.eprocure.gov.in ). Separate newspaper advertisement may not be issued. The tenderers are requested to keep themselves

informed of the development by visiting the said websites regularly. Such amendment(s) shall be binding upon them.

http://www.mumbaiport.gov.in/

http://www.eprocure.gov.in/

2

MUMBAI PORT TRUST

MECHANICAL & ELECTRICAL ENGINEERING DEPARTMENT

TENDER NO.: MEED. 06/2016

ELECTRIFICATION WORK AT FERRY WHARF TO FACILITATE RO RO PAX SERVICES

Section CONTENTS OF TENDERING DOCUMENTS

FIRST COVER (Techno-Commercial Proposal)

(Separate Booklet)

I Notice Inviting Tender (NIT)

II Instructions to Tenderers (ITT)

III Tendering Forms

IV General Conditions of Contract (GCC) &

Special Conditions of Contract (SCC)

V Specifications, Drawings & Annexures

VI Contract Forms

VII Appendix

SECOND COVER (Price Proposal)

(Separate Booklet)

I Preamble to Bill of Quantities

II Bill of Quantities (BOQ)

3

SECTION - I

NOTICE INVITING TENDER

(NIT)

4

MUMBAI PORT TRUST Mechanical & Electrical Engineering Department

TENDER NO. MEED. 06/2016

ELECTRIFICATION WORK AT FERRY WHARF

TO FACILITATE RO RO PAX SERVICES

NOTICE INVITING TENDER (NIT)

1. Online e-Tenders are invited by the Mumbai Port Trust [hereinafter referred to as

‘Employer’ or ‘MbPT’] from reputed firms for executing the work of Electrification

Work at Ferry Wharf to Facilitate RO-RO Pax, under two cover system on percentage

rate basis. The estimated cost put to tender is Rs. 74,14,034.90.

Scope of Work:

1) Supply, Installation, Testing and Commissioning of factory assembled and factory

tested, prime rated diesel engine as per CPCB-II Norms alternator set capable of

generating full load of 140 KVA capacity, power factor not less than 0.8 lag, 415 Volts, 1500 rpm, 3 phase, 50 Hz, AC supply and driven with diesel engine complete with all accessories such as Base frame, residential silencer, radiator, alternator capable of delivering 415 Volts, 50 Hz, 3 phase, PF 0.8, 140 KVA load, coupling arrangement of alternator with engine, coupling guard, fuel filter, oil filter, air filter, exhaust flexible piping, fuel tank (day tank inside the encloser), battery with suitable AH capacity, battery charging alternator, engine control panel, anti-vibration mounting, statutory permissions, etc. should be included in cost. Exhaust Pipe to have insulation and aluminum cladding. Day Tank with Gauge Glass level indicator, Overflow line, drain line, with AMF Panel for 140 KVA size DG set ,with AMF control logic, auto-load changeover and auto load sharing facility, First fill of oils and fuels, charging of battery etc. Specifically it is a turnkey contract with sets handed over to direct use.

2) Supply, Installation, Testing and Commissioning of Main LT Panel , Pontoon Power

Panel, APFC Filter Panel. The equipment offered shall be complete with all parts necessary for their effective and trouble-free operation. Such parts will be deemed to be within the scope of the supply irrespective of whether they are specifically indicated in the commercial order or not. It is not the intent to specify herein complete details of design and construction. The Equipment offered shall conform to the relevant standards and be of high quality, sturdy, robust and of good design and workmanship complete in all respects and capable to Perform continuous and satisfactory operations in the actual service conditions at site and shall have sufficiently long life in service as per statutory requirements. Transportation of LT Panel at Employer’s store at site should be part of scope. Supervision of unloading of the LT Panel is also to be considered in the scope. Arranging to repair and/or re-order all damaged and short supply items. Packing of the Equipments suitable for (all) weather conditions for proper protection. Final check-up, testing and commissioning in presence of the Engineer of the Consultant and MbPT representative.

3) Supply, Delivery, Installation, Testing and Commissioning of 2 Nos. 25 Meters. High

Mast Lighting Towers complete with raising and lowering mechanism for lantern carriage assembly with LED Fittings, along with it’s control panel and suitable/necessary foundation work for the same.

4) Supply, laying, terminating of various sizes PVC/XLPE armoured cables as described in

Bill of Quantities.

5

5) Providing & commissioning of mains and sub-mains wires and allied switchgears,

equipment such as ceiling fans, exhaust fans, tube lights etc. and Earthing as described in Bill of Quantities.

6) Providing and erecting 8 mt/4 mt with single arm/ double arm with LED Street Light Fitting of 75 to 90 W along with foundation as described in Bill of Quantities..

7) In mentioned system, the scope shall cover additional 4 Years extended annual maintenance contract after completion of one year Guarantee period, inclusive of all servicing etc. During AMC period if one of the parts of equipment fails then replacement of such part will be paid by separately as per against bill. Service/Maintenance calls shall be attended within 24 hours of call logging and repairs are to be done immediately.

8) Testing and Commissioning of the entire electrical installation provided under this contract and handing over to MbPT.

9) The entire work specified in BOQ of the tender document shall be carried out in accordance with the specifications, drawings & notes, etc. without any extra cost. 10) The contractor shall depute throughout the execution of the tender work a licensed Electrical Supervisor/ Engineer, so as to carry out the tender job and complete the same in an effective manner wherever required, failing which suitable action as deemed fit may be taken by MbPT. 11) The work involves excavation of the trenches where underground services belonging to Mumbai Port Trust and other Public Utility Bodies exist. Utmost care shall be taken to avoid any damage to these services and necessary protection for these services, as directed, shall be provided during the progress of the work. Any damage caused to these services during the execution of the tender work shall be made good be the Contractor/s at his /their cost. Excavation for laying cables shall be permitted only after bringing/mobilizing materials, equipment and tools etc. required for cable laying at site of work. 12) Before quoting, the tenderer in his own interest shall carry out site inspection to understand the actual site conditions and full implications of the assignment. This will also help him to assess the scope of the work. Failure to do so will not absolve them of their responsibility to do the work as specified in the tender document. He may contact the Superintending Engineer on Tel. No. 66566519 in this regard for any clarification, if needed. 13) The entire work is required to be carried out under the supervision of Engineer of M/s. Kashec Engineering Pvt. Ltd., (the consultant appointed by the C. E. Dept. MbPT.) and MEED of MbPT including testing & commissioning.

2. PROCEDURE FOR OBTAINING TENDERING DOCUMENTS:-

2.1 Tendering document can be viewed and downloaded from the website of Mumbai Port Trust

www.mumbaiport.gov.in and Central Public Procurement Portal www.eprocure.gov.in . In

such case the cost of tendering document can be submitted in the form of DD / Pay Order in

favour of “The Board of Trustees of the Port Of Mumbai” payable at Mumbai and shall be

placed in the sealed cover. The Tenderer shall clearly mention on the envelope that the tender

fee is placed inside. The downloading of the tendering documents shall be carried out strictly

as provided on the web site. No editing, addition / deletion of matter shall be permitted. If

any discrepancy is noticed at any stage between the MbPT’s printed document and the one

submitted by the tenderer, the MbPT’s printed document shall prevail. The downloading and

submission of the tendering document shall be carried out as mentioned in the tendering

document and instructions at e-Procurement website https://eprocure.gov.in.

http://www.mumbaiport.gov.in/

http://www.eprocure.gov.in/

https://eprocure.gov.in/

6

2.2 The tender fee of ₹ 5,300/- inclusive of VAT (Non-refundable) in the form of DD / Pay

Order drawn on any nationalized or scheduled bank in favour of “The Board of Trustees of the

Port of Mumbai” payable at Mumbai may be submitted in sealed cover before the due date and

time.

2.3 Micro and Small Enterprises registered as mentioned in Central Government’s Public

Procurement Policy Order dated 23.03.2012 are exempted from paying cost of tendering

document and EMD on submission of copy of registration certificate. Such tenderers shall

furnish attested copy of Registration under Micro/ Small Enterprises /Industry manually.

2.4 The tenderer is responsible to download addendum/ amendments / errata / replies to the

queries of the tenderers etc., if any, posted by MbPT on its website and on the e-Procurement

website https://eprocure.gov.in. before submission of the tendering document. Any shortfall in

submissions of the said addendum / amendments / errata / replies to the queries of the tenderers

etc. along-with the tender, shall be treated as incomplete and the tender offer shall be rejected.

3. PRE-QUALIFICATION CRITERIA:-

The tenderer must fulfill the following qualifying requirements to consider them eligible for

opening the Price Proposal Cover (Volume-II).

(i) FINANCIAL CAPABILITY:

Average annual financial turnover during the last three years ending 31st March, of the

previous financial year, should be minimum Rs. 22,24,210/-.

Original or Notarized copies of externally audited balance sheets /Audited Annual Reports

/ Profit and Loss Accounts or a Turnover statement duly certified by the Certified Auditors or

Chartered Accountant for the preceding three years in this regard shall be submitted Online by

the tenderer along with the Techno-commercial offer. In case of the last financial year, if the

Annual Reports / Profit and Loss Accounts or a Turnover statement are not audited, then the

Provisional certificate only (duly Notarized) for the last financial year will be acceptable.

(ii) TECHNICAL CAPABILITY:

Experience of having successfully completed similar works during last 7 years

ending last day of month previous to the one in which applications are invited should be

either of the following,

a) Three similar completed works each costing not less than an amount equal to Rs. 29,65,614/-.

OR

b) Two similar completed works each costing not less than an amount equal to Rs. 37,07,017/-.

OR

c) One similar completed work costing not less than an amount equal to Rs. 59,31,228/-.

(iii) Similar work means “Installation & commissioning of High mast Tower of not less

than 20 meters, and associated electrical works”.

(iv) The value of work indicated in work order and/or in completion certificate only be

considered for minimum qualifying criteria.

(v) Copies of Work orders and copies of Client’s Satisfactory completion certificates duly

notarized shall be submitted Online with the Techno-Commercial Proposal.


7

Tenderers should submit (Online) satisfactory performance certificates of orders

executed during the last 7 years. A copy of work order/agreement and a certificate from

the employer for satisfactory completion of work or any of the relevant document

indicating the completion of work should be submitted as per condition above. The

document submitted in support of Technical experience shall be duly notarized.

4. The Employer do not bind themselves to accept the lowest or any tender and reserve the

right to accept any tender in part or to reject any tender without assigning any reason

therefor.

5. The particulars of the tendering process are as under :-

i) Estimated cost of work put to tender : Rs. 74,14,034.90/-

ii) Earnest Money Deposit (EMD) : Rs. 1,48,281/-.

(For EMD amount below Rs. 5 Lakhs DD/Banker’s Cheque/P.O. only will be accepted.

Micro and Small Enterprises registered as mentioned in Central Government’s Public

Procurement Policy Order dated 23.03.2012 are exempted from paying the EMD.)

iii) Completion Period: 180 Calendar days from the date of handing over of clear site from

CE’s department. However any delay in releasing of portion of site due to progress of

civil work, will be provided with equal days of extension in the total Completion Period.

And 4 years Annual Maintenance Contract after One year of Guarantee Period.

iv) Validity of offer : 180 calendar days from the date of opening of Techno-Commercial

Proposal.

v) Cost of tendering document : Rs. 5300/- (inclusive of VAT)

6. Unless otherwise notified, schedule of dates in the tendering process are as under:

Sr. No. Particulars Date

1. Commencement of sale of Tendering

Document

28-6-2017

at 11.00 Hrs.

2. Last date of sale of Tendering Document 18-7-2017

at 17.00 Hrs.

3. Date and time of Pre-Bid meeting 06-7-2017

at 11.00 Hrs.

4. Bid submission start date and time 18-7-2017

at 11.00 Hrs.

5. Bid Submission end date and time

i) Online Tender

ii) Hard copy (EMD, Tender fees)

On 24-7-2017

upto 11.00 Hrs.

On 24-7-2017

upto 15.00 Hrs.

6. Date & Time of Opening of Techno-

commercial Proposal of the Tender

On 25-7-2017

at 15.30 Hrs.

8

7. The tendering documents are NOT TRANSFERABLE.

8. A pre-bid meeting will be held in the conference hall of Mechanical & Electrical

Engineering department, 6th Floor, Nirman Bhavan, Mazgaon, Mumbai 400010 with the

representative of the firms who are interested to participate in the tender for clarifying and

discussing issues related with the tender. The prospective tenderers submit their pre-bid

queries in writing to the officer issuing the tender notice shall require to at least two days

prior to the date of Pre-bid meeting. The representative of tenderer attending the pre-bid

meeting shall carry authorization letter on the firm’s letter head and a photo identity proof.

Any queries asked afterwards or during Pre-bid meeting shall not be entertained by MbPT.

9. No tender will be considered which is not made in the prescribed form and which is not

accompanied by the EMD and Tender Fees.

10. Tender Submission

10.1 The downloading and submission of Tender Documents shall be carried out as mentioned

in the instructions at e-Procurement website https://eprocure.gov.in. No editing,

addition/deletion of matter shall be permitted.

10.2 Although the tender submission in online, Pay Order / Demand Draft for tender fee, and

EMD as mentioned at 12.1 (A) of ITT shall be put together in a sealed cover and shall be

dropped in the appropriate box marked with the tender no. and title of this tender,

tenderer’s name and address provided for this purpose in the office of the Chief Mechanical

Engineer,6th Floor, Nirman Bhavan, Mazgaon, Mumbai 400010 up to 1500 hrs. on the due

date. The tender will be opened at 15:30 hrs. on the due date in the presence of Tenderers

or their representatives who may wish to be present who carry their firm’s authorization

letter and a photo ID.

10.3 Online tenders submitted after the due date and time or Sealed Cover (hard copy) as

required under clause no. 10.2., will be considered as Late Tender and will not be accepted.

The sealed cover shall be returned unopened to the Tenderer. The online tender submitted

by such tenderer will not be opened. Tenderers to note that MbPT shall not be responsible

for late receipt of any tender due to postal delays or any other delay for whatsoever reason.

10.4 Techno-Commercial Proposal: The tenderer shall submit scanned copies of the following

documents in pdf format and upload the same on the online portal:

i. Scanned copy of Demand Draft or Pay Order drawn in favour of “The Board of Trustees of

Port of Mumbai” from any Nationalized/ Scheduled Bank having its branch at Mumbai and

payable at Mumbai towards tender Fee for the amount mentioned at Sr. No.5 (v) above.

ii. Scanned copy of Demand Draft or Pay Order drawn in favour of “The Board of Trustees of

Port of Mumbai” from any Nationalized/ Scheduled Bank having its branch at Mumbai and

payable at Mumbai towards EMD for the amount mentioned at Sr. No.5 (ii) above.

iii. Scanned notarized copies of Pre-Qualification documents as per clause no.3 herein above

and the supporting documents.

iv. Scanned signed copies of the complete tender document and Pre-bid

replies/addendum/amendments/errata, etc. duly signed made available at the e-procurement

website/Mumbai Port Trust website.


9

v. Integrity Pact: The successful bidder has to execute Integrity pact Agreement with

Mumbai Port Trust (as per Form -9) executed on ₹ 100 Non – Judicial stamp paper. Shri

P.K Gopinath, IPoS ( Retd.) has been nominated as Independent External Monitor for the

implementation of Integrity Pact.

Scanned signed Copy of Pre-Contract Integrity Pact (as per Form 9) is to be uploaded along

with the bid.

10.5 Price Proposal: The tenderer shall submit their price offer (percentage addition/ deduction

in BOQ) online in the format provided in Price Proposal and no other format is acceptable.

The price proposal has been given as a standard BOQ format with the tender document and

the same is to be downloaded and filled by all the tenderers. Tenderers shall open it and

complete it with their respective price quotes or offer the percentage variation as the case

may be and other details (such as amount of service tax, name of the tenderer etc.). No

other cells should be changed. Once the details have been completed, the tenderer should

save it and submit it online as mentioned in Appendix and instructions at e-Procurement

website https://eprocure.gov.in. If the BOQ file is found to be modified by the tenderer, the

offer of the tenderer will be rejected.

11. In the event of the specified date for the submission of sealed cover / opening of tenders

falls on the day of bandh or strike or being declared a holiday by the Employer, the sealed

covers will be received up to the schedule time on the next working day and will be opened

on the same day.

12. The successful tenderer shall have to submit an Undertaking from the High Mast

manufacturer and DG Set manufacturer and LED Luminaires manufacturer for supplying

the proposed units complying all the Specifications and Norms stipulated in the Tender as

well as for providing warranty support as stipulated for the High Masts/DG set/ LED

Luminaries proposed to be supplied under this contract. The copy of the same shall be

submitted to MbPT.

13. If the delay is from vendor/contractor side, all statutory increase in taxes & duties shall be

on contractor’s account, whereas If the delay is from MbPT side, all statutory increase in

taxes & duties will be on MbPT account.

Dy. Chief Mechanical Engineer


10

SECTION - II

INSTRUCTIONS TO TENDERERS

(ITT)

11

INSTRUCTIONS TO TENDERERS (ITT)

TABLE OF CLAUSES

A. GENERAL D. SUBMISSION OF TENDERS

1. Scope of Tender 19. Sealing and Marking of Tenders

2. The Tenderer to acquaint himself fully

20. Due Date for Submission of the Tenders

3. Eligible Tenderers 21. Late Tenders

4. Pre-Qualification Criteria

22. Modification and Withdrawal of Tenders

5. One Tender Proposal per Tenderer

6. Cost of Tendering E. TENDER OPENING & EVALUATION

7. Site visit 23 Tender opening

24 Process to be Confidential

B. TENDERING DOCUMENTS 25 Clarification of Tenders

8. Content of Tendering Documents

26 Examination of Tenders and Determination of Responsiveness

9. Clarification of the Tendering Documents

27 Non-conformities, Errors and Omissions

10. Amendment of Tendering Documents

28 The amount stated in the tender

C. PREPARATION OF TENDERS 29 Evaluation and Comparison of

Tenders

11. Language of the Tender

F. AWARD OF CONTRACT

12. Documents comprising the Tender

30 Award Criteria

13. Tender Prices 31. Employer’s Right to Vary Quantities.

14. Currencies of Tender and Payment

32. Notification of Award and Signing of Agreement

15. Tender Validity 33. Cost of Agreement and other Expenses

16. Earnest Money Deposit- (EMD)

34. Performance Guarantee

17. Alternative Proposals by Tenderers

35. Advance Payment

18. Format and Signing of Tender.

36. Corrupt or Fraudulent Practices.

12

MUMBAI PORT TRUST MECHANICAL & ELECTRICAL ENGINEERING DEPARTMENT

TENDER NO. MEED. 06/2016

ELECTRIFICATION WORK AT FERRY WHARF TO FACILITATE RO RO PAX SERVICES.

INSTRUCTIONS TO TENDERERS (ITT)

1. Scope of Tender

1.1. Mumbai Port Trust (MbPT) invites tenders for carrying out the work (as defined in these

tendering documents and referred to as "the works") mentioned in Clause 1 of NIT.

1.2. The successful Tenderer shall be expected to complete the works by the intended

completion date specified in Clause 5 of NIT.

2. The Tenderer to acquaint himself fully:

2.1 This Tendering Document shall be read in conjunctions with any addendum/ corrigendum

issued subsequently and the same shall form part of the Tender Document and shall be

binding upon the tenderer/contractor.

2.2 The Tenderers shall be deemed to have examine the Tendering Document and visited the

site and surroundings and obtained all necessary information in all the matters whatsoever

that might influence while carrying out the works as per the tender conditions and to

satisfy themselves to sufficiency of their tender offer, etc. The Tenderer is advised to get

acquainted himself with rules, regulations, laws and by laws in force by the Government

and other statutory bodies from time to time.

3. Eligible Tenderers

3.1. The NIT is open to all eligible tenderers meeting the Pre-Qualification Criteria as defined

in clause 3 of NIT.

3.2 Tenderers shall not be under a declaration of ineligibility for corrupt and fraudulent practices

issued by the employer in accordance with ITT clause 36.

4 Pre-Qualification Criteria

4.1. Tenderers to fulfill the Pre-Qualification Criteria as stated in Clause 3 of NIT.

4.2 Information regarding projects in hand, current litigation, if any, etc. to be furnished.

4.3 Sub-contractors' experience and resources shall not be taken into consideration in

determining the tenderer's compliance with the qualifying criteria.

4.4 Even though the tenderers meet the above qualifying criteria, they are subject to be

disqualified if MbPT come to know during the tendering process but before award of

contract if the tenderer has :

a) made misleading or false representations in the forms, statements and attachments

submitted in proof of the qualification requirements; and/or

b) record of poor performance such as abandoning the works, not properly completing the

contract, inordinate delays in completion, litigation history, or financial failures etc.

13

5. One Tender Proposal per Tenderer

5.1 Each tenderer shall submit only one tender proposal for the work. A tenderer who submits

or participates in more than one Tender Proposal against this tender shall result in

disqualification of all the proposals where with the Tenderer's participation.

5.2. Joint Venture (JV) (Not applicable to this tender).

JVs/Consortia be allowed in all contracts of estimated cost of more than Rs. 5 Crores.,

However, though there shall be no limit on the number of partners, the JV is subject to the

following.:

(i) In a JV, all partners are jointly and severally liable to the Employer for the fulfillment of

the provisions of the Contract and shall designate one party to act as a Lead member with

authority to bind the joint venture, consortium, or association by entering into an MOU

(to be executed on non judicial stamp paper). The roles and responsibilities, equity

holding, etc. shall be clearly indicated in the MOU and the same shall be submitted with

the Techno-Commercial Proposal.

(ii) The technical and financial criteria (PQC) may be met jointly by the partners. Thus, firms

with at least 26% equity holding each shall be allowed to jointly meet the Pre-

Qualification Criteria.

6. Cost of Tendering

The tenderer shall bear all costs associated with the preparation and submission of his

Tender, and the Employer shall not be responsible or liable for those costs, regardless of the

conduct or outcome of the tendering process.

7. Site visit

7.1 The Tenderer, at the Tenderer's own responsibility and risk, is encouraged to visit and

examine the Site of Works and its surroundings and obtain all information that may be

necessary for preparing the Tender and entering into a contract for the Tender Works. The

costs of visiting the Site shall be at the Tenderers' own expense.

7.2 Dock Entry Permit

If the work site is located within the restricted area of Mumbai Port Trust then all the

requirements in connection with such working areas are to be strictly complied with. The

required Dock Entry Permit for men and material shall be recommended by Mechanical

& Electrical Engineering Department for issuing the same by Traffic Department / Port

Department at free of cost, after the tenderer making an application in the requisite format

in that regard.

B TENDERING DOCUMENTS

8. Content of Tendering Documents

8.1 The set of Tendering documents comprises the documents listed below and addenda

issued, if any, in accordance with ITT Clause 10:

TECHNO-COMMERCIAL PROPOSAL (Volume-I)

1 Notice Inviting Tender (NIT)

2 Instructions to Tenderers (ITT)

3 Tendering Forms

4 General Conditions of Contract (GCC) & Special Conditions of Contract (SCC)

5 Specifications, Drawings & Annexures

6 Contract Forms

7 Appendix.

14

PRICE PROPOSAL (Volume-II)

1 Preamble to Bill of Quantities

2 Bill of Quantities.

8.2 The tenderer is expected to examine carefully all instructions, conditions of contract,

forms, terms, technical specifications, bill of quantities, drawings, annexures in the

tendering document. Failure to comply with the requirements of the tendering document

shall be at the tenderer’s own risk. Pursuant to ITT Clause 26, tenders which are not

substantially responsive to the requirements of the tendering documents shall be rejected.

9. Clarification of the Tendering Documents

9.1 A prospective tenderer requiring any clarification of the tendering documents may notify

the employer in writing at the Employer's address indicated in the NIT. While seeking such

clarification from the Employer, the prospective tenderer shall indicate Tender Clause

reference for each of his pre-bid query. The Employer will respond to any request for

clarification which he receive before the pre-bid meeting. Copies of the Employer's response

including a description of the enquiry but without identifying its source shall be posted on

MbPT website and the Central Procurement Portal of Government of India.

9.2 Pre-bid meeting

9.2.1 The tenderer or his official representative may attend the pre-bid meeting which w i l l

take place at the office of the Chief Mechanical Engineer, Mumbai Port Trust, 6th

Floor, Nirman Bhavan, N. V. Nakhwa Marg, Mazgaon, Mumbai – 400 010 on the

scheduled date and time mentioned in Clause 6 of NIT. No representative of the tenderer

shall be allowed to participate in the pre-bid meeting without production of

authorization letter on firm's letter head and a photo Identity Card.

9.2.2 The purpose of the meeting will be to clarify issues and to answer queries on the matter

related to the tender raised prior to the pre-bid meeting.

9.2.3 The tenderers are requested to submit their queries in writing at least two days prior to the

Pre-bid meeting, so that the same can be clarified during the pre-bid meeting.

9.2.4 Minutes of the meeting, including the text of the queries made in writing prior to or during

the meeting (without identifying the source of enquiry) and the MbPT’s response will be

posted on MbPT Website and CPP Portal. Any modification/amendment of the tendering

documents listed in ITT Clause 8.1 which may become necessary as a result of the pre-bid

meeting, shall be made by the Employer exclusively through the issue of an Addendum

pursuant to ITT Clause 10.

9.2.5 Non-attendance at the pre-bid meeting will not be a cause for disqualification of a

tenderer. No queries will be entertained after the Pre-Bid meeting.

10. Amendment of Tendering Documents

10.1 Before the due date for submission of tenders, the Employer may modify the tendering

documents by issuing addenda.

10.2 Any addendum thus issued shall be part of the tendering documents and shall be posted on

MbPT Website and CPP Portal.

15

10.3 To give prospective tenderers reasonable time in which to take an addendum into account in

preparing their tender proposals, the Employer may extend, as necessary, the due date for

submission of tenders, in accordance with ITT Clause 20.2.

C. PREPARATION OF TENDERS

11. Language of the Tender

All documents relating to the tender shall be in the English language.

12. Documents comprising the Tender

12.1 The tender to be submitted by the tenderer shall comprise the following:

A) Techno-Commercial Proposal (Online)

i) Tenderers shall submit the tender documents online only except Demand Draft /

Pay Order towards tender fees and EMD.

ii) Scanned copy of tender fee in the form of Pay order / Demand Draft to be

submitted.

iii) Scanned copy of Earnest Money Deposit (EMD) instrument in the form of Pay

order / Demand Draft to be submitted.

iv) No hard copies of the tender documents need to be submitted by the tenderer.

v) Scanned Copy of Pre-Contract Integrity Pact duly signed (as per Form 9) is to be

uploaded along with the bid.

B) Financial Proposal (Online).

i) Bill of Quantities (Volume-II) duly filled with prices and signed by tenderer.

13. Tender Prices

13.1 The contract shall be for the whole works as described in ITT Clause 1.1, based on the

Bill of Quantities submitted by the Tenderer.

13.2 The tenderer shall fill in rates and prices for all items of the Works described in the Bill of

Quantities (BOQ) in case of tender on Item rate basis. Items for which no rate or price is

entered by the tenderer will not be paid for by the Employer when executed and shall be

deemed to be covered in the rates and the prices quoted for other items in the Bill of

Quantities.

In the case of tender on Percentage rate basis, the tenderer shall fill the percentage

addition or deduction, both in figure and word, at the end of the BOQ with due regards

to the specifications, conditions of contract and all other provisions in the tender

documents including all taxes and duties. Such percentage addition or deduction will be

applied to the rate of each item of the BOQ without reference to quantity or location of

work or variation in estimated quantity. Corrections, if any, shall be made by crossing

out, initialing, dating and rewriting. All pages of the bill of quantities (BOQ) shall be

initialed and stamped. After the tender has been submitted, no variation in rates or scope

of work will be allowed on any ground such as mistake, misunderstanding, etc.

13.3 The price quoted by the tenderer for the works to be carried out shall be inclusive of all

duties, taxes and other levies payable by the contractor under the contract and charges for

materials, transport, handling, supply & delivery at site, receipt and storage of all

materials and equipment at site, safety, labour, testing, commissioning and all other

16

incidental charges for the satisfactory execution of the contract and guarantee period

service.

The tenderer shall take into consideration the prevailing rates of taxes and duties as

applicable. The tenderer shall indicate the amount of Service Tax included in the

quoted amount by them, separately if applicable. In the event of applicability of

GST, the bidder should consider the same while quoting Price proposal and

accordingly the percentage GST applicable to this tender shall be mentioned in the

Price proposal.

13.4 The rates and prices quoted by the tenderer shall be firm for the duration of the Contract

and shall not be subject to adjustment on any account, unless otherwise categorically

specified elsewhere in the tendering document.

13.5 The Bidder is requested to make prior site visit before submitting their offer to assess the site

condition, quantum of work, etc. associated with this project.

14. Currencies of Tender and Payment

The unit rates and the prices quoted by the tenderer or indicated in the BOQ shall be

entirely in Indian Rupees.

15. Tender Validity.

15.1 Tenders shall remain valid for a period mentioned at 5(iv) of NIT and as specified in

ITT Clause 20. A tender valid for a shorter period shall be rejected by the Employer as

non- responsive.

15.2 In exceptional circumstances, prior to expiry of the original validity, the Employer may

request the tenderers to extend the period of validity for a specified additional period.

The request and the tenderers' responses shall be made in writing. A tenderer may refuse

the request without forfeiting his EMD. A tenderer agreeing to the request will not be

permitted to modify his tender and also shall submit an extension for EMD, if it is in the

form of Bank Guarantee.

16. Earnest Money Deposit (EMD)

16.1 No tender shall be considered which is not accompanied by a sum as indicated at Clause

5(ii) of NIT as Earnest Money Deposit.

16..2 The EMD shall be payable either by Demand Draft / Pay Order / Banker's Cheque in

favour of “Board of Trustees of Port of Mumbai” from any Nationalized / Scheduled Bank

from any branch in India preferably from Mumbai local branch.

16.3 Bank Guarantee may be verified independently by MbPT with the bank before

finalization of techno-commercial proposal. In the event of lack of confirmation of issue

of the Bank Guarantee by the Bank, the tender shall stands disqualified. (Not for EMD)

16.4 EMD of unsuccessful tenderers other than lowest tenderer shall be refunded after ranking of

price bids.

16.5 The EMD of the successful tenderer will be discharged after he has signed the Agreement

and furnished the required Performance Guarantee.

17

16.6 The EMD may be forfeited, if

(a) the Tenderer withdraws the Tender after Tender opening during the period of

Tender Validity;

(b) the Tenderer does not accept the correction of the Tender Price, pursuant to ITT

Clause 27; or

(c) the successful Tenderer fails within the specified time limit to

(i) execute the Agreement

(ii) furnish the required Performance Guarantee.

(d) if the successful tenderer fails to register himself online with EPFO and ESIC

before the execution of contract.

(e) If the tendered is found involved in any corrupt or fraudulent practices.

17 Alternative Proposals by Tenderers

Conditional offer or Alternative offers shall be considered as non responsive.

18. Format and Signing of Tender

18.1 The Tender shall be written in indelible ink and shall be signed by a person or persons

duly authorised to sign on behalf of the Tenderer. The pages of the tender where entries

or amendments have been made shall be initialed by the person or persons signing the

tender.

18.2 The Tender shall contain no alterations or additions, except those to comply with

instructions issued by the Employer, or as necessary to correct errors made by the tenderer

in which case such corrections shall be initialed by the person or persons signing the

tender.

18.3 Authority in signing the Tender/ Offer :

The Tenderer shall furnish the Letter of Authority for submission of Tender (in Form 3

of the Tendering Forms) duly signed by the competent person of the firm.

In case of the tender costing more than Rs. 50 Lakhs, the Power of Attorney (on

stamp paper of Rs. 100/- or the notorised copy of the General Power of Attorney)

shall be furnished alongwith the tender as explained below:

a) In case the Tender is submitted by a Proprietorship Firm, the same should be signed

either by Proprietor or other person, holding a valid Power of Attorney form the

Proprietor, in connection with the Tender. The signature of such Power of Attorney

holder should be attested by the Proprietor.

b) In case the Tender is submitted by Partnership Firm, the same should be signed either

by partner, holding valid Power of Attorney from the partners, in connection with this

Tender. The signature of such Power of Attorney holder should be attested by the

partner(s).

c) In case the Tender is submitted by a Limited Company, the same should be signed by

person holding valid Power of Attorney executed in his favour (in connection with the

18

Tender) and the signature of such Power of Attorney holder should also be attested in

accordance with the consumption of the Limited Company.

D. SUBMISSION OF TENDERS

The detailed procedure for online bid submission is provided in the Appendix of volume of this tender.

19. Submission of Tenders

19.1 Tenderer are required to submit the Tenders in two covers in the following manner:

(a) Techno-Commercial Proposal (First Cover) shall contain the following and shall

be submitted online:

1) Demand Draft/ Pay Order for the cost of Tendering document.

The tenderer shall enclose Demand Draft/ Pay Order in favour of ‘Board of Trustees

of the Port of Mumbai” payable at Mumbai towards the cost of tendering document.

Scanned copy of the Demand Draft/ Pay Order /Purchase Receipt shall be uploaded

in the pdf format on the online portal.

Original Demand Draft/ Pay order towards tender fee shall be submitted in sealed

cover on/before due date and time.

2) Earnest Money Deposit (EMD) :-

The Demand Draft/ Pay Order in case the EMD value is up to₹ 5 Lakh. In case the

EMD value is more than ₹ 5 Lakh Demand Draft/ Pay Order /Bank Guarantee for the

amount of EMD.

Scanned copy of the Demand Draft/ Pay Order /Bank Guarantee shall be uploaded in

the pdf format on the online portal.

Original Demand Draft/ Pay order towards EMD shall be submitted in sealed cover

on/before due date and time.

Note: Micro and Small Enterprises registered as mentioned in Central Government’s

Public Procurement Policy Order dated 23.3.2012 are exempted from paying cost of

tendering document and EMD. Such tenderer shall furnish attested copy of registration

under Micro/Small Enterprises/Industry manually on or before due date and time.

Scanned copy of the same shall be uploaded in the Pdf format on the online portal.

3) Scanned copy of the pre-qualification documents and details of the proposal including

the supporting documents shall be uploaded in the pdf format on the online portal

only.

The tender document and pre-bid replies/addendum/amendments/errata, etc. duly

signed made available at the e-procurement website shall be submitted online portal

only.

4) Scanned Copy of Pre-Contract Integrity Pact duly signed is to be uploaded along with

the bid.

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(b) Price Proposal (Second Cover) shall be submitted Online only.

The bidder shall submit the rates in BOQ online in the format provided in the Price Bid

and no other format will be acceptable. The Price Bid has been given as a standard BOQ

format with the tender document, and the same is to be downloaded and filled by all the

bidders in case of Item rate. Bidders shall open it and complete the white coloured

(unprotected) cells with their respective price quotes and other details (such as name of

the bidder). No other cells should be changed. Once the details have been completed, the

bidder should save it and submit it online as mentioned in the Appendix and instructions

at e-Procurement website https://eprocure.gov.in . If the BOQ file is found to be modified

by the bidder then the bid will be rejected.

In the case of tender on Percentage rate basis, the tenderer shall fill the percentage

addition or deduction, both in figure and word, at the end of the BOQ along with the

Total amount inclusive of all taxes and duties and mention of service tax.

Sr. No.

Documents Form of Submission

1. Tender Fees Online scanned copy and hard-copy (to be submitted in sealed cover)

2. EMD Online scanned copy and hard-copy (to be submitted in sealed cover)

3. First Cover (Volume-I) Complete Tender document along with Tender Forms

Only online signed scanned copy to be submitted.

4. Second Cover (Volume-II) Price Proposal

Only online signed scanned copy to be submitted.

5. Pre-contract Integrity Pact Only online signed scanned copy to be submitted.

19.2 Sealed cover as mentioned in ITT Clause 19.1(a) 1 & 2 for EMD and Tender fees shall be

superscribed with Tender Number, Title, ‘Complete Tender Proposal’, Due Date & Time

of opening as given in the NIT or any such extended date intimated by MbPT and the

name, address and contact Telephone No. of the tenderer and the same shall be

submitted/dropped in the designated box kept in the Mechanical & Electrical

Engineering Department, 6th Floor, Nirman Bhavan, N.V. Nakhwa, Mazgaon,

Mumbai - 400 010 on or before the due date and time of submission of the tenders.

19.3 The tenderer must ensure that his tendered amount or rates are not mentioned, either

directly or indirectly in any of the papers enclosed in any of the Sealed Cover. If any such

mention is made there, the tender is liable to be treated as invalid and will not be

considered.

19.4 If the Tender Proposals are not uploaded online as mentioned herein above, MbPT will

not assume any responsibility for the opening of the tender.


20

20. Due Date for Submission of the Tenders

20.1. Online Tenders must be submitted at CPP Portal by 11.00 hrs. on due date. Sealed cover

containing Tender fee and EMD must be submitted at the address specified in ITT Clause

19.2 not later than scheduled time on the due date as indicated in the Notice Inviting

Tender. In the event of the specified date for the submission of sealed cover / opening of

tenders falls on the day of bandh or strike or being declared a holiday by the Employer,

the sealed covers will be received up to the schedule time on the next working day and

will be opened on the same day.

20.2. The Employer may extend the due date for submission of tenders by issuing an

amendment in accordance with ITT Clause 10, in which case all rights and obligations of

the Employer and the tenderers previously subject to the original due date will then be

subject to the new due date.

20.3 In case of tendering document being downloaded from the web site, the tenderer shall

give an undertaking that no change have been made in downloaded tendering document.

If any discrepancy is noticed at any stage between the Port's tendering document and the

one submitted by the tenderer, the conditions mentioned in the Port's printed document

shall prevail. Besides, the tenderer shall be liable for legal action for the lapses.

21. Late Tenders

21.1. The tenderer has to submit the bid online only. The sealed cover containing Pay order /

Demand Draft towards EMD, Tender Fee received by the Employer after the due date

and time prescribed in ITT Clause 20 will be considered as Non-responsive.

22. Modification and Withdrawal of Tenders.

22.1. Tenderers may modify or withdraw their tenders online before the due date prescribed in

ITT Clause 20 as per CPP Portal guidelines.

E. TENDER OPENING AND EVALUATION

23. Tender Opening

23.1 The Employer will first open Sealed Cover (Containing Tender fees and EMD only) of all

tenders received (except those received late) in presence of the Tenderers or their

representatives who choose to attend in the following manner:

a) In the first instance the Sealed Cover containing cost of tendering document,

EMD submitted by tenderer will be checked and opened.

b) The Cover-1 containing the Techno-Commercial Proposal shall be opened

online on the due date. At the time of opening only the salient features of the

Techno-Commercial Proposal as considered appropriate shall be read out.

c) The Cover-2 containing the Price Proposal shall not be opened on the due date of

opening of tenders. The date of opening of the same shall be informed to the

Tenderers after the evaluation and determination of responsiveness of tenders.

d) The Employer shall prepare the record of the Tender opening including the

information such as name of the firms participating in the tender, payment of

EMD, withdrawal or modifications, if any, etc. and the representatives of the

firms shall sign the same.

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24. Process to be confidential.

24.1 Information relating to the examination, clarification, evaluation and comparison of the

tenders and recommendations for the award of a contract shall not be disclosed to

Tenderers or any other persons not officially concerned with such process until the award

to the successful tenderer has been announced.

24.2 Any effort by the Tenderer to influence the Employer's tender evaluation, tender

comparison or contract award decisions, may result in rejection of his tender.

25. Clarification of Tenders

25.1 To assist in the examination and comparison of Tenders, the Employer may, at his

discretion, ask any Tenderer for clarification of his Tender, including breakdown of unit

rates. The request for clarification and the response shall be in writing or by cable, but no

change in the price or substance of the Tender shall be sought, offered, or permitted

except as required to conform the correction of arithmetic errors discovered by the

Employer in the evaluation of the Tenders in accordance with ITT Clause 27.

25.2 Subject to ITT Clause 25.1, no Tenderer shall contact the Employer on any matter relating to

his tender from the time of the tender opening to the time the contract is awarded. If the

Tenderer wishes to bring additional information to the notice of the Employer, he shall do

so in writing.

26. Examination of Tenders and Determination of Responsiveness

26.1. Prior to detailed evaluation of Tenders, the Employer will determine whether each Tender

(a) meets the pre-qualification criteria defined in NIT Clause 3 and as mentioned in ITT

Clause 4.1; (b) has been properly signed by an authorised signatory and shall include an

authorization letter (the Power of Attorney wherever applicable); (c) is accompanied by the

required EMD; and (d) is responsive to the requirements of the tendering documents.

26.2. A substantially responsive Technical and Price Proposal is one which conforms to all the

terms, conditions and specification of the Tendering documents, without material deviation

or reservation. A material deviation or reservation is one,

(a) which affects in any substantial way the scope, quality or performance of the Works;

(b) which limits in any substantial way, the Employer's rights or the Tenderer's obligations

under the Contract; or

(c) whose rectification would affect unfairly the competitive position of other

Tenderers presenting responsive Tenders.

26.3. If a Techno-Commercial Proposal is not substantially responsive, it will be rejected by the

Employer, and may not subsequently be made responsive by correction or withdrawal of

the non-conforming deviation or reservation. The "Price Proposal" of those tenderers

whose Techno-Commercial Proposal has been determined to be non responsive shall not

be opened and will be rejected.

26.4 The Cover-2 containing the Price Proposal of only those tenderers whose Techno-

Commercial Proposals have been determined to be substantially responsive in accordance

with ITT Clause 26 hereof, shall be opened on the specified date after declaring the results

22

of the Techno-Commercial Proposal, in presence of the tenderers or their representatives

who choose to attend. The Tenderer's name and quoted prices, the total amount of each

Tender and any discounts, Tender modifications and withdrawals, and such other details

as considered appropriate, will be announced at the opening of Price Proposal Cover.

27. Non-conformities, Errors and Omissions

27.1 Provided that a Tender is substantially responsive, the Employer may waive any non-

conformities or omissions in the Tender that do not constitute a material deviation.

27.2 Provided that a Tender is substantially responsive, the Employer may request that the

Tenderer submit the necessary information or documentation, within a reasonable period of

time, to rectify nonmaterial nonconformities or omissions in the Tender related to

documentation requirements. Such omission shall not be related to any aspect of the price of

the Tender. Failure of the Tenderer to comply with the request may result in the rejection of

its Tender.

27.3 Provided that the Tender is substantially responsive, the Employer shall correct arithmetical

errors on the following basis:

(a) if there is a discrepancy between the unit price and the line item total that is obtained by

multiplying the unit price by the quantity, the unit price shall prevail and the line item total

shall be corrected, unless in the opinion of the Employer there is an obvious misplacement

of the decimal point in the unit price, in which case the line item total as quoted shall govern

and the unit price shall be corrected;

(b) if there is an error in a total corresponding to the addition or subtraction of subtotals, the

arithmetically corrected sub totals shall prevail and the total shall be corrected; and

(c) if there is a discrepancy between words and figures, the amount in words shall prevail,

unless the amount expressed in words is related to an arithmetic error, in which case the

amount in figures shall prevail subject to (a) and (b) above.

(d) In the event of any discrepancy/error in the percentage variation quoted in words with

respect to the quoted percentage variation in figures, the percentage variation quoted in

words shall supersede over the percentage variation quoted in figures.

28. The amount stated in the Tender will be adjusted by the Employer in accordance with the

above procedure for the correction of errors and, with the concurrence of the Tenderer,

shall be considered as binding upon the tenderer. If the Tenderer does not accept the

corrected amount the Tender will be rejected, and the EMD may be forfeited in

accordance with ITT Clause 16.6.

29. Evaluation and Comparison of Tenders

29.1. The Employer will evaluate and compare only the Tenders determined to be responsive

in accordance with ITT Clause 26.

29.2 In evaluating the Tenders, the Employer will determine for each Tender the evaluated

Tender Price by adjusting the Tender Price as follows:

(i) making any correction for errors pursuant to ITT Clause 27;

(ii) making appropriate adjustments to reflect discounts or other price modification

offered in accordance with ITT Clause 22.

23

29.3. The estimated effect of the price adjustment, if allowed as per Clause 22.2 of the General

Conditions of Contract, during the period of implementation of the Contract, shall not be

taken into account in Tender evaluation.

29.4. If the evaluated price of the successful Tenderer is more than or less than 15% of

estimated cost put to tender, the tenderer may be asked to submit the analysis of his

Price Proposal to the Employer within the stipulated time provided, and in case

tenderer fails to respond, the tender would be treated as non-responsive under the

contract. The Employer may require the Tenderer to produce detailed price analysis for

any or all items of the Bill of Quantities, to demonstrate the internal consistency of those

prices with the implementation/construction methods and schedule proposed.

F. AWARD OF CONTRACT

30. Award Criteria

30.1 The Employer will award the Contract to the Tenderer whose Tender has been determined

to be responsive to the Tendering documents and who has offered the lowest evaluated

Tender Price.

30.2 Notwithstanding ITT Clause 30.1, the Employer reserve the right to accept or reject any or

all tender(s) and to cancel the tendering process, at any time prior to the award of contract,

without thereby incurring any liability to the tenderer(s) and without assigning any reasons

thereof.

31. Employer’s Right to Vary Quantities

At the time the Contract is awarded or during the execution of contract, the Employer

reserves the right to increase or decrease the quantity specified in Bill of Quantities,

provided this does not exceed the 25 % of individual items and overall effective contract

price by 10%, and without any change in the unit prices or other terms and conditions of

the Tender and the Tendering Documents.

32. Notification of Award and Signing of Agreement.

The Tenderer whose Tender has been accepted will be notified of the award by the

Employer prior to expiration of the Tender validity period in writing. This letter (hereinafter

and in the Conditions of Contract called the "Letter of Acceptance") will state the sum that

the Employer will pay the Contractor in consideration of the execution, completion and

maintenance of the Works by the Contractor as prescribed by the Contract (hereinafter and

in the Contract called the "Contract Price").

The notification of award will constitute the formation of the Contract subject to the

tenderer furnishing a performance guarantee in accordance with the provisions of ITT

Clause 34.

The contractor shall enter into a formal agreement with the Employer for execution

of work under this tender in case the Contract Price is more than Rs 10.00 Lakh. The duly filled draft of contract agreements annexed hereto shall have to be submitted by

the contractor for the approval of the MbPT before executing the same on stamp paper.

MbPT shall return the approved draft within 3 - 4 working days to the Successful

Tenderer. Until such contract Agreement is executed the other document referred to in the

24

definition of the term “Contract” herein after shall collectively be the “Contract”. The

tenderer shall submit executed agreement to MbPT immediately after submission of

Performance Guarantee but not later than 28 days from the date of Letter of Acceptance.

The Agreement shall remain valid till the expiry of completion period or any extended

period thereof.

33. Cost of Agreement and other Expenses:

33.1 All costs, charges and expenses including the charges for the stamp duty in connection

with the contract as well as Bank Guarantee / Insurance Policy in lieu of Performance Guarantee

for the due performance of the contract and/or for the cost of the material to be issued to the

contractor or the materials brought by the contractor on MbPT premises to carry out the

contract work shall be borne by the contractor.

34. Performance Guarantee (Security Deposit)

34.1 (a) “The successful tenderer has to deposit 10% of the contract value as security for the

due fulfillment of the contract within 28 days from the date of award of contract in the

form of Bankers Cheque or Demand Draft of Nationalised/ Scheduled Bank or by

furnishing a Bank Guarantee in the form annexed hereto from the Mumbai Branch of

Nationalised/ Scheduled Bank, payable in Mumbai. Before executing the Performance

Guarantee on Stamp Paper, the successful Tenderer shall submit draft of the same to

MbPT for approval which generally would not take more than 3 - 4 working days.

b) Additional Security Deposit

If the offer of the tenderer is lower than the cost put to tender by more than 15%

then the tenderer shall have to pay additional security deposit along with Performance

Guarantee in the form of Bankers Cheque or Demand Draft of Nationalised/ Scheduled

Bank or by furnishing a Bank Guarantee in the form annexed hereto from the Mumbai

Branch of Nationalised/ Scheduled Bank, payable in Mumbai, depending upon the

amount calculated as per formula given below. Bank Guarantee shall be valid up to

scheduled completion period and subsequently be extended up to actual completion.

Demand Draft / Banker’s Cheque shall be in favour of the "The Board of Trustees of the

Port of Mumbai”.

The Additional Security Deposit will be released on satisfactory completion of work.

Formula:

Additional Security Deposit = (A-15) X Cost put to tender (excl. the cost of AMC)

100

Where “A” = Percentage difference between quoted cost of work and the cost put to

tender. (For example, if the tenderer desires to quote 25% less than) the cost put to tender

then the Additional Security Deposit shall be worked out as under:-

(25-15) X Cost put to tender.

100

In case, the tenderer desires to quote more than the cost put to tender by more than 15%,

then he shall give the rate analysis for any or all the items on demand.

25

34.2 The stamp duty which is payable on the Performance Guarantee lodged by him shall be

borne by the Tenderer.

34.3 On furnishing the performance guarantee, the Earnest Money will be refunded.

34.4 The cost of obtaining Bank Guarantee and/or the revalidation thereof whenever required

has to be borne by the contractor and it shall be his sole responsibility to arrange for time

revalidation of such Bank Guarantee, failing which and for non-fulfillment of any

contractual obligation by the contractor, MbPT shall be at liberty to raise claim/demand

under the Performance Guarantee and/or enforce the same unilaterally.

No interest/charge of whatsoever in nature shall be paid by the Employer on the

amount of Performance Guarantee held by the Employer.

34.5 If the successful tenderer fails to furnish the Performance Guarantee and Additional

Security Deposit (if applicable) within 28 day from the date of award of contract, the

Employer shall send a notice to the successful tenderer to furnish the same within further

period of 21 days with the penal interest @ 12% p.a. on the amount of performance

guarantee and/or Additional Security Deposit (if applicable) for the delayed period. If the

successful tenderer fails to furnish the performance guarantee and Additional Security

Deposit (if applicable) even after the expiry of such extended period, the Earnest Money

Deposit lodged with the Tender will be liable to forfeiture and the contract is liable to be

terminated.

34.6 Failure of the successful Tenderer to comply with the requirements of ITT Clause 34.1 &

34.5 shall constitute sufficient grounds for cancellation of the award of work and forfeiture of

the EMD. In such case, the action, as deemed fit, which may include blacklisting of the

firm will be taken.

35. Advance Payment [Applicable only where contract value is more than Rs. 5 Crore]

35.1. The Employer will provide an Advance Payment on the Contract Price as stipulated in the

General Conditions of Contract. (Not Applicable to this Tender).

36. Corrupt or Fraudulent Practices

36.1 The Employer requires that Tenderers/Suppliers/Contractors under this contract, observe

the highest standard of ethics during the procurement and execution of this contract. In

pursuance of this policy, the Employer:

(a) defines, for the purpose of these provisions, the terms set forth below as follows:

(i) "corrupt practice" means the offering, giving, receiving or soliciting of any thing of

value to influence the action of a public official in the procurement process or in

contract execution; and

(ii) "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 Tenderers (prior to or after tender submission)

designed to establish tender prices at artificial non-competitive levels and to deprive

the Employer of the benefits of free and open competition.

26

(b) will reject a proposal for award of work if he determines that the Tenderer

recommended for award has engaged in corrupt or fraudulent practices in competing

for the contract in question.

(c) will declare a Tenderer ineligible, either indefinitely or for a stated period of time, to

be awarded a contract/contracts if he at any time determines that the Tenderer has

engaged in corrupt or fraudulent practices in competing for, or in executing, the

contract.

36.2 The tenderer shall give an undertaking in the declaration form that they have not indulged

in corrupt and fraudulent practices in respect of this tender. ----------------------------------------------------------

27

SECTION III

TENDERING FORMS

28

TENDERING FORMS

FORM – 1: Letter of Application

FORM – 2: Declaration

FORM – 3: Authority for Submission of Tender

FORM – 4: Form of Tender

FORM – 5: General Information of the Tenderer

FORM – 6: Pre-Qualification Information of the Tenderer

FORM – 7: Exceptions and Deviations

FORM – 8: ECS / RTGS Transaction Particulars

FORM – 9: Integrity Pact Agreement.

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FORM- I: LETTER OF APPLICATION

To, Date: The Chief Mechanical Engineer Mumbai Port Trust

Nirman Bhavan, Mazgaon, Mumbai – 400 010.

Sir,

Sub: TENDER NO. MEED.06/2016

Title: ELECTRIFICATION WORK AT FERRY WHARF

TO FACILITATE RO RO PAX SERVICES.

1. Being duly authorised and represent and act on behalf of

M/s._________________________________________________________

hereinafter the `Tenderer’ and having fully understood Instructions to Tenderer, General Conditions of Contract, Special Conditions of Contract, Specifications & Drawings, etc.

as given in the Tendering Documents and after visiting the Site, the undersigned hereby submits the Quotation / Tender Offer.

2. MbPT and its representatives are hereby authorised to conduct

any enquiry or investigations to verify the statements,

documents & information submitted in connection with this Tender and to seek clarifications from our bankers & Clients regarding any financial, commercial & technical aspects. This

letter of application will also serve as authorization to any individual or representatives of any institution referred to in

the supporting information, to provide such information deemed necessary and requested by yourself to verify statements and information provided in this Tender, or with

regard to the resources, experience, and competence of the Tenderer.

3. This application is made in the full understanding that :

i. Tenders received from Tenderers will be subject to verification of all submitted information.

ii. MbPT reserves the right to reject or accept any Tender in full OR in part OR to cancel the tender enquiry and to reject all

tenders without assigning any reason/s. iii. MbPT will not be liable for any such actions and will be

under no obligation to inform the Tenderer of the grounds therefor.

iv. If our Tender is accepted, we confirm to commence work

from the date of Letter of Acceptance and to complete all

30

works in good conditions within the completion period as stipulated in this Tender.

v. If our Tender is accepted, we will furnish the Performance

Guarantee in the form and manner prescribed in the tender

document for the due Performance of the Contract.

vi. We have independently considered the amount/rate shown as Liquidated Damages as penalty for delay in completion of works and agree that the same represent a fair estimate of

the damages likely to suffer by MbPT in the event of delay in overall completion of the Work.

vii. We agree to abide by this Tender for the period of 180

calendar days from the date fixed for receiving the same

and it shall remain binding upon us and may be extended at any time, if requested by MbPT, before the expiry of the validity period as given in this Tender.

4. The undersigned declare that the statements made & the

information provided in the duly filled Forms are complete, true & correct in every details.

Signed: [insert signature of person]

In the capacity of [insert legal capacity of person signing this application]

Name: [insert complete name of person signing this application]

Duly authorized to sign the Tender for and on behalf of: [insert complete name of Tenderer]

Dated on ____________ day of __________________, _______ [insert date of signing]

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FORM – 2 : DECLARATION

To: Date: The Chief Mechanical Engineer Mumbai Port Trust

Nirman Bhavan, Mazgaon, Mumbai – 400 010


Title: ELECTRIFICATION WORK AT FERRY WHARF TO FACILITATE RO RO PAX SERVICES.

1. I/We, M/s_______________________________________________ have gone through the tendering document carefully and hereby confirm as under.

2. The complete tendering document i.e. First cover, Second cover sealed as described in Preparation and Submission of tenders as mentioned in the 'Instruction To Tenderers' is returned without any defacement, addition, alteration or interpolation.

3. I/We have submitted our tender with Earnest Money Deposit lodged as described in ‘Instructions To Tenderers’.

4. I/We have not indicated anywhere in the first cover the amount of our price offer. I/We hereby declare that we have not put any counter condition in the Price Proposal.

5. When the call for tenders is issued, if the legal, technical or financial conditions, or the contractual capacity of the firm or joint venture changes, we commit ourselves to inform you and acknowledge your sole right to review the pre-qualification made.

6. We enclose all the required pre-qualification data format and all other documents and supplementary information required for the pre-qualification evaluation.

7. We also state that no changes have been made by us in the downloaded tendering documents and also understand that in the event of any discrepancies observed, the printed tendering document is full and final for all legal/contractual obligations (applicable only for downloaded tender).

8. I/We hereby declare that, all information furnished by me/us with/in this tender is true to best of my/our knowledge, belief and in case, if it is found that, the information furnished is not true or partially true or incorrect, I/We agree that my my/our tender shall be summarily rejected without prejudice to the right of the Employer to take further action into the matter. 9. I/ We hereby declare that I/We shall not commence the work unless original valid Electrical Contractor’s Licence is shown to the Chief Mechanical Engineer or his authorized representative. [Applicable only in case of electrical works].

32

10. I / We have gone through the Annexure-4 mentioning the approved makes for various items. I/We confirm that I/we have checked the market availability of various approved items and shall use one of the approved brands for the works under the contract. I / We agree to furnish the samples of the materials which are proposed to be used for the works under the contract. 11. I/We have not made any payments or illegal gratification to any person/authority connected with the tender process so as to influence the tender process and have not committed any offence under the Prevention of Corruption Act in connection with the tender. 12. I/We hereby declare that I/We have not made any payment to any intermediaries (agents, etc.) in connection with the tender. If any such payments are made, I/We shall disclose the names of the intermediaries and the amount paid. 13. I/We hereby declare that I/We have not indulged in corrupt and fraudulent practices in respect of this tender.


In the capacity of [insert legal capacity of person signing this declaration]

Name: [insert complete name of person signing this declaration]



33

FORM – 3 : SPECIMEN LETTER OF AUTHORITY FOR SUBMISSION OF

TENDER

To The Board of Trustees of Port of Mumbai Sub: TENDER NO. MEED.06/2016



Dear Sir, We_________________________________________________ do hereby confirm that Shri____________________________ (Name, designation and Address) is/ are authorised to represent us to tender, negotiate and conclude the agreement on our behalf with you against tender No.____________and his specimen signature is appended here to. We confirm that we shall be bound by all and whatsoever our said signatory shall commit. We understand that the communication made with him by the Employer shall be deemed to have been done with us in respect of this Tender. [specimen signature] Yours faithfully, Signed: [insert signature of person]

In the capacity of [insert legal capacity of person signing the Letter of Authority]

Name: [insert complete name of person signing the Letter of Authority]


34

FORM – 4 : FORM OF TENDER

To: Date: The Chief Mechanical Engineer Mumbai Port Trust

Nirman Bhavan, Mazgaon, Mumbai – 400 010



I/We the undersigned declare that : 1. I/We ……………………………………………………………………………… do hereby agree to execute the above work for the amount stated by me/us in the attached Bill of Quantities and signed by me/us. The amount quoted in the BOQ of Price Proposal shall remain firm during the contract completion period. 2. I/ We have examined and have no reservation to the Tendering documents, including Addenda (if any). I/We have noted all the conditions contained in the “Instructions to Tenderers”, the “General Conditions of Contract”, the “Special Conditions of Contract” and the “Specifications, Drawings & Annexures” and all stipulations made therein in connection with this work and agree to execute the same in accordance therein. 3. I/We have noted the completion period as assessed by Mumbai Port Trust and I/We shall complete the tender work within the completion period as mentioned at clause 5 (iii) of NIT and carry out repair/ maintenance for the period as specified in Bill of Quantities (BOQ) from the date of commissioning. 4. I/We have this day deposited as Earnest Money (EMD) with you the sum as mentioned at 5 (ii) of NIT not to bear any interest. 5. In the event of my/our tender being accepted, I/We undertake to deposit 10% of the value of the contract as Performance Guarantee and Additional Security Deposit (if applicable) in a manner indicated against clause No. 34 of instructions to tenderers failing which the Earnest Money Deposit mentioned at Sr. No.5(ii) of NIT forwarded with the tender may be forfeited. 6. I/We have independently considered the question of the amount of loss or damage likely to result to the Employer from the delay on my/our part in the performance of the contract and I/We agree that the amount of ½ % of total contract value as liquidated damages / late delivery charges for delay per week or part thereof maximum up to 10 % of total contract value represents a fair estimate of the loss/damages likely to result from the delay. 7. My/Our permanent Income Tax Account no. is …………………………………....

35

8. I/We undertake to enter into an agreement embodying the terms of this tender and annexed schedules, conditions of contract and specifications and until such an agreement is executed, this tender and your written acceptance thereof shall constitute a binding contract between us. [Applicable for the tenders costing Rs. 10 Lakhs and above] 9. I/We understand that MbPT is not bound to accept the lowest evaluated Tender or any other Tender. 10. * (a) Mine is a proprietary firm and I am the Sole Proprietor of the firm. My firm is/is

not registered with the Registrar of companies. My full name and age are as detailed below: Name : ………………………………………….

Age : ……………………….. Years. *(b) Ours is a partnership firm and names of all major partners are given below.

Name Age 1. _________________________ _________Years 2. _________________________ _________Years 3. _________________________ _________Years

4. _________________________ _________Years

5. _________________________ _________Years

We understand and confirm that if our offer is accepted the contract will be entered into with the above mentioned partners only and the Employer will not recognise or deal with any minor partners or their guardians.

*(c) Ours is a company with limited liability and a copy of our Memorandum and Articles of Association will be sent for perusal upon acceptance of our offer.

(1) Proposed contract is intended to be signed by a duly constituted attorney and original power of attorney in his favour will be submitted for perusal immediately on acceptance of the tender.

(2) The contract will be completed under the Company's Common Seal.

36

11. FOR OUTSTATION FIRMS ONLY: We have a branch/liaison office at Mumbai with technical personnel competent to supervise the work. The name(s) of technical personnel, address and telephone No. of the branch/liaison office at Mumbai is given below:- Name : ___________________________

Address: ___________________________ ___________________________ ___________________________ Telephone No.: ___________________________


In the capacity of [insert legal capacity of person signing the Form of Tender]

Name: [insert complete name of person signing the Form of Tender]



(* Strike out whichever is not applicable.)

(Company seal)

*********

37

FORM – 5 : GENERAL INFORMATION OF THE TENDERER




The Tenderer shall fill in the following information.

1 Full name of the firm (IN CAPITAL LEETERS) [insert Tenderer’s legal name]

In case of JV, legal name of each party: [insert legal name of each party in JV]

2 Major area of business.

3 a) Address of Registered Office / Head Office

b) Name of the Tenderer’s Authorised Representative

c) Telephone Number(s)

d) FAX Number(s)

e) E-mail Address(es)

f) Website Address(es)

g) Place of Incorporation / Registration

h) Year of Incorporation / Registration

4 a) Address of the Branch Office, if any :

b) Name of the contact person at Branch Office


d) FAX Number(s)


5 Whether the Tenderer is a Proprietorship Firm or Partnership Firm or Limited Company.

38

6 Details of the Banker(s)

a) Name of the Banker(s), in full

b) Address(es) of the Banker(s)


d) FAX Number(s)


f) Name(s) of the contact person(s)

7 Details of Income Tax, Service Tax, Excise Duty, Sales Tax / VAT

a) Permanent Income Tax Account No. (PAN)

b) Service Tax Registration No.

c) Central Excise Registration No. (if applicable)

d) Sales Tax / VAT Registration Number (if applicable)

e) Professional Tax Registration No. (if applicable)

8. The details of equipments and machinery / instruments available with me/us:

Sl. No.

Brief Description and Specification of the Equipment / Instruments

Quantity Years of installation / purchase

39

9. The details of key personnel involved in administration and execution of the subject work till completion:

Sl. No.

Name in full Designation Qualification

Experience

Note (i) : In case of ‘Non-availability’ regarding the above, if any, reason(s) should be clearly furnished along with supporting documents.


In the capacity of [insert legal capacity of person signing]

Name: [insert complete name of person signing]



40

FORM – 6 : PRE-QUALIFICATION INFORMATION OF TENDERERS




Tenderers including each partner of Joint Venture, if any, shall provide the following information to demonstrate that they meet the qualifying requirements for short-listing. Each tenderer or partner of a Joint Venture must fill the information in this format only. If required, the tenderer may use separate sheet to provide complete information. 1. Annual Turnover of the Firm / Joint Venture for the last 3 years ending on 31.03.2017

Financial Year Annual Turnover in Rs.

2013 - 15

2014 - 16

2015 - 17

Audited Annual Reports / Profit and Loss Accounts or a turnover statement duly certified by the Chartered Accountant for the preceding three years in this regard shall be submitted by the tenderer alongwith the Techno-commercial offer. In case of the last financial year, if the Annual Reports / Profit and Loss Accounts or a turnover statement are not audited then the provisional certificate only for the last financial year will be acceptable. 2. The particulars of the successfully completed similar works during last 3 years ending last day of month previous to the one in which applications are invited:

Sr.

No.

Order No. &

date

Brief Description of

works carried out (Only

the works of installation

of roof-top SPV Power

plants of ≥ 50 KWp

capacity

Contract

Value

Month & Year of the

works

Name &

detailed

addresses

Telephone No.

of clients

Client’s

satisfactory

completion

certificate Commen-

ced on

Comple-

ted on No. Dated

1 2 3 4 5 6 7 8 9

41

Duly Notarised of Copies of work orders/Agreement and certificates from the employer for satisfactory completion of work or any of the relevant documents indicating the completion of work should be submitted. In case of ongoing contracts, the tenderer shall submit satisfactory performance certificate / or any other relevant document from the Employer for the completed period of contract upto the date prior to 7 days before submission of tender, indicating there in the value of contract and the period which qualifies him.

3. The details of Statutory Licences/Permits held by the tenderer

A. Only for Electrical Tenders, it is mandatory to furnish the following information:

i) The Electrical Contractor’s Licence: ii) Held in the name of our company/firm since ____________________

iii) Licence No. : ____________________________________________

. iv) Issued by : ___________________________________ state.

v) Validity of the licence : __________________________ .

vi) Name of the Supervisor holding 1st Class PWD Licence issued by the

Govt. of Maharashtra, B&C Department : ______________________ .

Copies of valid electrical contractor licence, 1st Class PWD licence of the supervisor shall be submitted with the Techno-Commercial Proposal. If the tenderer possess electrical contractor’s licence issued by any state other than Maharashtra, then he shall give undertaking that he will obtain electrical contractor’s licence from the Govt. of Maharashtra and produce the same within four weeks from the date of placement of order. Alternatively, the tenderer may engage the Services of authorised electrical contractor having valid electrical contractor’s licence issued by Government of Maharashtra. In that case, a Memorandum of Understanding (MOU) between the tenderer and the authorised electrical contractor whose services the tenderer will engage to execute the tender work upto the satisfaction of the Engineer within the stipulated time as well as for providing support during Defect Liability Period including extensions, if any, for the entire tender work shall be prepared. The copy of the same shall be submitted before commencement of the work. However, the tenderer has to make MOU on stamp paper to that effect and submit the same alongwith techno-commercial proposal for evaluation purpose. However, in such cases, the total responsibility lies with the tenderer.

B. The details of any other statutory licences/permits held by the tenderer and which

are necessary for execution of works under this tender shall be mentioned below:

42

4. The particulars of sub-contractors and firms proposed to be involved during execution of works:

Sl.

No.

Description of

the works

proposed to be

sub contracted

Proposed Value

of sub-contract

Sub-contractor (name

and address)

Experience of

proposed sub

contractor in

similar work

5. The litigation history in which the Tenderer is involved:

Sl. No.

With other party(ies) With the Port(s) in India

Cause of dispute Amount Remarks showing present Status.






43

FORM – 7 : EXCEPTIONS AND DEVIATIONS

Sub: TENDER NO. MEED. 06/2016



Tenderer may stipulate here exceptions and deviations to the tender conditions, if considered unavoidable.

Sr. No

Page No. of Tendering Document

Clause No. of Tender Document

Deviation

Note : i)However, the Tenderers to note that un-acceptable deviations, if any, the tender

shall be liable for rejection. Tenderer is discouraged to deviate from Tender conditions, specifications, delivery schedules, commercial terms as per the tendering document.

ii)No deviation of whatsoever nature shall be mentioned in the Price Proposal.






44

FORM – 8 : ECS / RTGS / NEFT TRANSACTION PARTICULARS



i) Bank Account No. :

ii) Type of Account (SB, CA, …..) :

iii) Name of Bank :

iv) Branch Address :

v) Branch Code :

vi) MICR Code :

vii) RTGS / IFSC Code :






45

Form – 9

INTEGRITY PACT (Applicable for tenders above Rs. 45 Lakhs)

TENDER NO. MEED. _______

[TITLE OF WORK]

BETWEEN MUMBAI PORT TRUST (MBPT) hereinafter referred to as "The Principal"

AND

(Name of The bidders and consortium members) .........................hereinafter referred to as

"The Bidder/Contractor

Preamble : The Principal intends to award, under laid down organizational procedures,

contract/concession for Tender No. .......................... The Principal values full compliance

with all relevant laws and regulations, and the principles of economic use of resources, and of

fairness and transparency in its relations with its Bidders. The Central Vigilance

Commission (CVC) has been promoting Integrity, transparency, equity and competitiveness

in Government / PSU transactions and as a part of Vigilance administration and

superintendence, CVC has, recommended adoption of Integrity Pact and provided basic

guidelines for its implementation in respect of major procurements in the Government

Organizations in pursuance of the same, the Principal agrees to appoint an external

independent Monitor who will monitor the execution of the contract for compliance with the

principles mentioned above.

Section 1 - Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles: -

(a) No employee of the Principal, personally or through family members, will in

connection with the execution of a contract, demand, take a promise for or accept, for

him/herself or third person, any material or immaterial benefit which he/she is not legally

entitled to.

(b) The Principal will, during the pre-contract stage, treat all BIDDERs alike, and will

provide to all BIDDERs the same information and will not provide any such information to

any particular BIDDER which could afford an advantage to that particular BIDDER in

comparison to other BIDDERs.

(c) The Principal will exclude from the process all known prejudicial persons.

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India, or if there be a

substantive suspicion in this regard, the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions. In such a case, while an enquiry is being

conducted by the Principal, the proceedings under the contract would not be stalled.

Section 2 - Commitments of the Bidder / Contractor

(1) The Bidder/Contractor commits themselves to take all measures necessary to prevent

corrupt practices, unfair means and illegal activities, during pre-contract as well as post-

contract stages. He commits himself to observe the following principles during the contract

execution.

46

a. The Bidder/Contractor will not, directly or through any other person or firm, offer,

promise or give to any of the Principal's employees involved in the execution of the contract

or to any third person any material or immaterial benefit, which he/she is not legally entitled

to, in order to obtain in exchange of advantage of any kind, whatsoever during the

execution of the contract.

b. The Bidder/Contractor will not enter with other Bidders into any undisclosed

agreement or understanding, whether formal or informal. This applies in particular to prices,

specifications, certifications, subsidiary contracts, submission or non-submission of bids, or

any other actions to restrict competitiveness, or to introduce cartelization in the bidding

process.

c. The Bidder/Contractor will not commit any offence, under the relevant Anticorruption

Laws of India; further the Bidder/Contractor will not use improperly, for purposes of

competition, or personal gain, or pass on to others, any information or document provided by

the Principal, as part of the business relationship, regarding plans, technical proposals and

business details, including information contained or transmitted electronically.

d. The Bidder will not collude with other parties interested in the contract to impair the

transparency, fairness and progress of the bidding process, bid evaluation, contracting and

implementation of the contract.

e. The Bidder/Contractor will, when presenting his bid, disclose any and all payments he

has made, is committed to or intends to make to agents, brokers or any other

intermediaries, in connection with the award of the contract.

f. The Bidder commits to refrain from giving any complaint directly or through any other

manner without supporting it with full and verifiable facts.

g. The Bidder shall not lend to or borrow any money from or enter into any monetary

dealings or transactions, directly or indirectly, with any employee of the Principal.

(2) The Bidder/Contractor will not instigate third persons to commit offences outlined

above or be an accessory to such offences.

Section-3 Disqualification from or exclusion from future contracts.

If the Bidder, before award of contract, has committed a transgression, through a violation of

Section-2 or in any other form, such as to put his reliability as Bidder, into question, the

principal is entitled to disqualify the Bidder, from the tender process, or to terminate the

contract, if already signed, for such reason.

1. If the Bidder/Contractor has committed a transgression, through a violation of Section-2,

such as to put his reliability, or credibility into question, the Principal is entitled to disqualify

the Bidder/Contractor from the tender process, terminate the contract if already awarded and

also, to exclude the Bidder/Contractor from future contract award processes. The imposition

and duration of the exclusion, will be determined by the severity of the transgression. The

severity will be determined, by the circumstances of the case, in particular the number of

transgressions, the position of the transgressions, within the company hierarchy of the Bidder

and the amount of the damage. The execution will be imposed for a minimum of 6 months

and maximum of 3 years.

Note: A transgression is considered to have occurred, if in the light of available evidence, no

reasonable doubt is possible.

2. The Bidder accepts and undertakes to respect and uphold, the principal's Absolute right to

resort to and impose such exclusion and further accepts and undertakes, not to challenge or

47

question such exclusion, on any ground, including the lack of any hearing before the

decision, to resort to such exclusion is taken. This undertaking is given freely and after

obtaining independent legal advice.

3. If the Bidder/Contractor can prove that, he has restored/recouped the Damage caused

by him and has installed a suitable corruption prevention system, the Principal may revoke

the exclusion prematurely.

Section-4 Compensation for damages.

1. If the Principal has disqualified the Bidder, from the tender process prior to the award,

according to Section-3, the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit/Bid Security.

2. If the Principal has terminated the contract according to Section-3, or if the Principal is

entitled to terminate the contract according to Section-3, the Principal shall be entitled to

demand and recover from the Contractor, liquidated damages equivalent to 5% of the contract

value, or the amount equivalent to Security Deposit/Performance Bank Guarantee, whichever

is higher.

3. The Bidder agrees and undertakes to pay the said amounts, without protest or

demur, subject only to condition that, if the Bidder/Contractor can prove and establish that

the termination of the contract, after the contract award has caused no damage or less damage

than the amount of the liquidated damages, the Bidder/Contractor shall compensate

the principal, only to the extent of the damage in the amount proved.

Section-5 Previous transgression.

1. The Bidder declares that, no previous transgression has occurred in the last 3 years,

with any other company, in any country, or with any other Public Sector Enterprises in India,

that could justify his exclusion from the award of the contract.

2. If the Bidder makes incorrect statement on this subject, it can be declared disqualified

for the purpose of the contract and the same can be terminated for such reason.

Section-6 Equal treatment of all Bidders/Contractors/Subcontractors.

1. The Bidder/Contractor undertakes to demand from all subcontractors, a commitment in

conformity with this Integrity Pact, and to submit it to the Principal before contract signing.

2. The Principal will enter into agreements with identical conditions as this one which all

Bidders, Contractors and Subcontractors.

3. The Principal will disqualify from the tender process all Bidders, who do not sign this

part or violates its provisions.

Section-7 Criminal charges against violating Bidders/Contractors/Subcontractors.

If the principal obtains knowledge of conduct of a Bidder/Contractor or Subcontractor, or of

an employee, or a representative, or an associate of a Bidder/Contractor, or Subcontractor,

which constitutes corruption, or if the Principal has substantive suspicion, in this regard, the

Principal will inform the Vigilance office.

48

Section-8 External Independent Monitor.

1. Pursuant to the need to implement and operate this Integrity Pact the Principal has

appointed Shri P.K. Gopinath, IPoS (Rtd) independent Monitor, for this Pact. The task of

the Monitor, is to review independently and objectively, whether and to what extent, the

parties comply with the obligations under this agreement.

2. The Monitor is not subject to instructions, by the representative of the parties to the

Chairperson of the Board of the Principal.

3. The Bidder/Contractor accepts that, the monitor has the right to access, without

restriction to all Project documentation of the Principal, including that provided by the

Contractor. The Bidder/Contractor will also grant the Monitor, upon his request and

demonstration of a valid interest, unrestricted and unconditional access, to the project

documentation. The same is applicable to Subcontractors. The monitor is under contractual

obligation, to treat the information and documents of the Bidder/Contractor/Subcontractor

with confidentiality.

4. The Principal will provide to the Monitor, sufficient information about all meetings,

among the parties related to the Project, provided such meetings could have an impact, on the

contractual relations between the Principal and the Bidder/Contractor. The parties offer to

the Monitor the option to participate in such meetings.

5. As soon as the Monitor notices a violation of this agreement, he will so inform the

Management of the Principal and request the management to discontinue, or heal the

violation. Or to take other relevant action. The Monitor can in this regard submit non-

binding recommendations. Beyond this, the Monitor has no right to demand from the

parties, that they act in a specific manner, refrain from action or tolerate action.

6. The Monitor will submit a written report, to the Chairperson of the Board of the

Principal, within 8 to 10 weeks, from the date of reference of intimation to him by the

'Principal' and, should the occasion arise, submit proposals for correcting problematic

situations.

7. If the Monitor has reported to the Chairperson of the Board, a substantiate suspension

of an offence, under relevant Anti-Corruption Laws of India, and the Chairperson has not,

within reasonable time, taken visible action to proceed against such offence, or reported it to

the Vigilance Office, the Monitor may also transmit this information directly to the Central

Vigilance Commissioner, Government of India.

Section-9 Pact Duration.

This Pact begins when both parties have signed it. It expires 12 months after the last

payment under the contract Agreement is made. If any claim is made/lodged during this time,

the same shall be binding and continue be valid, despite the lapse of this Pact, as

specified above, unless it is discharged/determined Chairperson of the Principal.

The Pact duration in respect of unsuccessful Bidders shall expire after 3 months of the award

of the contract.

Section-10 Other Provisions.

1. This agreement is subject to Indian Law. Place of performance and jurisdiction is the

Registered Office of the Principal, i.e. Mumbai, Maharashtra.

2. Changes and supplements as well as termination notices, need to be made in writing,

before they become effective and binding on the both parties.

49

3. If the Bidder / Contractor is a partnership or a consortium, this agreement must be,

signed by all partners or consortium members.

4. Should one or several provisions of this agreement, turn out to be invalid, the

remainder of this agreement remains valid. In this case, the parties will strive to come to an

agreement, to their original intensions.

For the Principal For the Bidder/Contractor

Place: Mumbai

Witness-1 : .....................................

Witness-2 : .....................................

Date : /_ /2017

50

SECTION IV

GENERAL CONDITIONS OF CONTRACT

&

SPECIAL CONDITIONS OF CONTRACT

51

GENERAL CONDITIONS OF CONTRACT

TABLE OF CONTENTS

1. Definition Of Terms 23. Terms Of Payment

2. Interpretation 24. Payment Mode

3. Language and Law 25. Delayed Payment

4. Execution 26. Liquidated Damages / Late

Delivery Charges

5. Communications 27. Mistakes In Contractor's

Drawing

6. Sub Contracting 28. Workmanship

7. Personnel 29. Working Hours

8. Contractor’s Risks 30. Inspection And Testing

9. Insurance 31. Replacement Of Defective

Work Or Materials

10. Drawing, Patterns and

Samples

32. Materials To Become

Property Of The Employer

11. Safety 33. Risk Pending Completion

12. Possession Of The Site 34. Setting Out And Measuring

13. Access To The Site 35. Specifications And Drawings

14. Settlement Of Disputes 36. Contractor's Representative

And Notices

15. Phasing Of Work 37. Storage

16. Commencement and

Prosecution

38 Defective Materials

17. Extension Of Time 39. Engineer's Supervision

18. Management Meetings 40. Tests On Completion

19. Compensation Events 41. Right To Use Before Tests

20. Early Warning 42. Rejection Of Defective Work

21. Bill Of Quantities 43. Acceptance

22. Variation 44. Guarantee Period / Defect

Liability Period

52

45. Forfeiture Of Performance

Guarantee

59. Indemnity

46. Refund of Performance

guarantee

60. Co-Ordination Of Contract

Work

47. Operating And Maintenance

Manuals

61. Safety Of Existing

Underground Services

48. Removal Of Materials On

Completion

62. Notice To Statutory Bodies

49. Measurement 63. Termination

50. Work Buried Or Concealed 64. Payment Upon Termination

51. Chief Mechanical Engineer's

Decision Final

65. Property

52. Patent Rights 66. Force Majeure

53. Employer’s Lien 67. Labour

54. Photography Inside The

Dock Zone Is Prohibited

68. Contract Labour (Regulation

& Abolition) Central Rule Act

1970- 71

55. Advertisement 69. Fair Wages Clause

56. Statutory Licences 70. Report Of Accident

57. Electrical Power 71. Compliance With Labour

Regulations

58. Use Of Ground 72. Applicability Of Laws On The

Contract

53

GENERAL CONDITIONS OF CONTRACT (GCC)

Following clauses of General Conditions of Contract (GCC) shall be read in conjunction

with the corresponding clauses, if any, of the Special Conditions of Contract (SCC)

1. DEFINITION OF TERMS:

1.1 In the Contract (as hereinafter defined) the definition of the following words and

expressions shall have the meanings hereby assigned to them except where the

context otherwise requires:

a) "Employer" means Board of Trustees of the Port of Mumbai, a body corporate under

the Major Port Trust Act.1963 as amended by Major Port Trust (Amendment) Act

1974, acting through its Chairman, Dy. Chairman or Chief Mechanical Engineer or

any other officers so nominated by the said Board.

b) "Contractor " means the person or persons, firm, corporation, joint venture or

company whose tender has been accepted by the Employer and includes the

Contractor's servants, agents and workers, personal representatives, successors and

permitted assigns.

c) "Sub-contractor" means the person or persons, firm, corporation, joint venture or

company to whom any part of the work under the tender is subcontracted by the

contractor with the permission of the Employer.

d) The "Engineer-in-Charge” or "Engineer" means any sub-ordinate officer

nominated from time to time by the Chief Mechanical Engineer of the employer, with

written notification to the Contractor, to act as in charge of works under this tender.

e) "Engineer's Representative" means any subordinate Engineer or Assistant to the

Engineer or any other official appointed from time to time by the Engineer to perform

the duties set forth in GCC Clauses 39.3 to 39.6.

f) "Work", "Supply" or "Services" mean and include the goods / things / items to be

provided / supplied and the work to be executed, services to be provided by the

contractor in accordance with the contract as described in the Specifications including

modified, extra and additional work to be executed under the contract and as per other

documents forming part of Tendering Document.

g) "Contract" means and includes Tendering Documents, Instructions to Tenderers,

General Conditions of Contract, Special Conditions of Contract, if any, Drawings,

Specifications, Bill of Quantities, Annexures, etc., any amendments thereto, Tender

Offer, Letter of Acceptance and the Contract Agreement.

h) "Specifications" means the specification referred to in the tendering documents and

any modifications thereof or additions thereto or amendments thereto as may be from

time to time be furnished or approved in writing by the Employer.

i) "Drawing" means the drawing annexed to the contract and any modifications of the

same ordered or approved in writing by the Employer or any further working drawing

or sketches, which may be furnished or approved in writing by the Employer.

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j) "Site" means the land and other areas as identified by the Employer where the

material has to be delivered and to be installed for the purpose of the contract.

k) "Writing" means communicated in written form by printed and/ or neatly typed on

computer. Communication means message received by the Employer or received

from Employer by mail, e-mail, fax, telex, courier, post with proof of receipt/

delivery.

l) “Day” mean Calendar day, “Month" means Calendar Month.

m) “Bill of Quantities” means the priced and completed Bill of Quantities forming part

of the Tender.

n) “Approved/Approval" means the approval in writing.

o) "Contract Price" means the price payable to the Contractor as specified in the

Contract Agreement, subject to such additions and adjustments thereto or deductions

there from, as may be made pursuant to the Contract.

p) “Variation” means an instruction given by the Engineer for change in the nature/scope

or quantity of Work.

q) “Completion” means the fulfillment of the supply of material, erection or Related

Services by the Contractor in accordance with the terms and conditions set forth in the

Contract.

r) “Material” or “Goods” means all of the commodities, raw material, machinery and

equipment, and/or other items that the Contractor is required to supply to the Employer

under the Contract.

s) “Commercial Use“ means, use of material or Goods, which the contractor

contemplates or of which it is commercially capable after enacting at Project site.

2. INTERPRETATION

2.1. In interpreting these Conditions of Contract, singular also means plural, male also

means female or neuter and the other way around. Headings have no significance.

Words have their normal meaning under the language of the Contract unless specifically

defined. The Engineer will provide instructions clarifying queries about the Conditions

of Contract.

2.2. If sectional completion is specified in the tender, references in the Conditions of Contract

to the Works, the Completion Date, and the Intended Completion Date apply to respective

Section of the Works (other than references to the Completion Date and Intended

Completion date for the whole of the Works).

2.3. The documents forming the Contract shall be interpreted in the following order of

priority:

1. Agreement

2. Letter of Acceptance and Notice to proceed, if any

3. Contractor's Tender Offer which is accepted by the Employer

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4. Replies to Pre-bid Queries and Addenda, if any

5. Special Conditions of Contract, if any,

6. General Conditions of Contract

7. Specifications

8. Drawings

9. Bill of quantities and

10. any other documents listed in the tender and forming part of the Contract.

3. LANGUAGE AND LAW

3.1 The Contract as well as all correspondence and documents relating to the Contract

exchanged by the Contractor and the Employer, shall be written in “ENGLISH”.

Supporting documents and printed literature that are part of the Contract may be in

another language provided they are accompanied by an accurate translation of the

relevant passages in the language specified, in which case, for purposes of

interpretation of the Contract, this translation shall govern. The Contractor shall bear

all costs of translation to the governing language and all risks of the accuracy of such

translation, for documents provided by the Contractor.

3.2 The Contract shall be governed by and interpreted in accordance with the laws of

India and suit and other proceedings arising out of or in connection with the contract

work shall be instituted in the courts of judicature in Mumbai.

4. EXECUTION

4.1 The contractor shall and will in consideration of the payment to be made to him as

hereinafter provided, construct, execute, and to the works described in the

specification and in the manner and upon the term set forth in the specifications

and in accordance with the drawings at the respective rates entered in the Bill of

Quantities in accordance with such other drawings and instructions as may

pursuant to the provisions hereinafter contained from time to time be pointed out,

furnished and given to him by the Engineer and under the subject to the following

terms, stipulations and provisions of contract.

5. COMMUNICATIONS

5.1 Communications between parties which are referred to in the conditions are effective

only when in writing. A notice shall be effective only when it is delivered or on the

notice’s effective date, whichever is later.

6. SUB CONTRACTING

6.1 The contractor shall not, without the consent in writing of the Employer, which

shall not be unreasonably withheld, sublet the contract or any part thereof, other

than for raw materials, for details or for any part of the works on which the

makers/vendors are named in the contract, provided that any such consent shall not

relieve the contractor from any obligations, duty or responsibility under the

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contract. The contractors shall not assign their right and interest in these presents

or assume a fresh partner or partners or dissolve partnership at present subsisting

between them in reference to this contract without the written permission of the

Employer.

7. PERSONNEL

7.1 The Contractor shall employ the key personnel named in the pre-qualification

information provided by the tenderer to carry out the functions stated therein or other

personnel approved by the Engineer. The Engineer will approve any proposed

replacement of Key personnel only if their qualifications, abilities, and relevant

experience are substantially equal to or better than those of the personnel listed in the

Schedule.

7.2 If the Engineer asks the Contractor to remove a person who is a member of the

Contractor’s staff of his work force stating the reasons, the Contractor shall ensure

that the person leaves the Site within seven days and has no further connections with

the work in the Contract.

8. CONTRACTOR’S RISKS

8.1 All risks of loss of or damage to physical property and of personal injury and death

which arise during and in consequence of the performance of the Contract other than

the excepted force majeure conditions are the responsibility of the Contractor.

9. INSURANCE

9.1 Insurance of works :

Without limiting his obligations and responsibilities under GCC Clauses 59 & 61 the

Contractor shall insure in the joint names of the Employer and the contractor against

all loss or damage from whatever cause arising for which damage he is responsible

under the terms of Contract and in such manner that the Employer and the Contractor

are covered during the period of execution of the Works and are also covered during

the Defect Liability period for loss or damage arising from a cause occurring prior to

the expiry of Defect Liability period and for any loss or damage occasioned by the

Contractor in the course of any operations carried out by him, for the purpose of

complying with his obligations under GCC Clause 44, for the works / material as

specified in SCC.

Such insurance, if specified in SCC, shall be effected with the General Insurance

Corporation of India or other insurance company approved by IRDA and in terms

approved by the Employer and the Contractor shall whenever required produce the

Engineer the policy or policies of insurance and the receipt for payment of the

premium.

9.2 Third party insurance :

If specified in SCC, before commencing the execution of the Works the Contractor,

shall insure in the joint names of the Employer & the Contractor against any damage,

loss or injury which may occur to any property or persons inter-alia including any

property of the Employer and any employee of the Employer by or arising out of the

execution of the Works or fulfilling contractual obligations.

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Such Insurance, if specified in SCC, shall be effected with the General Insurance

Corporation of India or other insurance company approved by IRDA and in terms

approved by the Employer. The amount for Third Party Insurance per incident and

any further recoupment after every incident till completion of the entire work

shall be as specified in SCC. The Contractor shall whenever required produce to the

Engineer the policy or policies of insurance and receipt for payment of the premium.

The amount of premium for getting policy shall be reimbursed to the contractor. The

contractor shall arrange to get compensation from insurance company for any damage

to property or to any person during execution of the work (Including property and

Employees of the Employer).

9.3 Insurance against accident to workmen :

The Contractor shall indemnify and keep indemnified the Employer against all

damages or compensation payable at Law in respect or in consequence of any

accident or injury to any workmen or other person in the employment of the

Contractor or any Sub-Contractor and against all claims, demands, proceedings, costs,

charges and expenses whatsoever in respect thereof or in relation thereto and the

Employer shall be at liberty to deduct or adjust from the Contractor’s bills any

amount that Employer may be called upon to pay toward claims, demands,

proceedings, costs, charges and expenses whatsoever in respect of or in relation to

any accident or injury referred to above without any reference to the Contractor.

9.4 Remedy on Contractor’s failure to insure :

If the Contractor fail to effect and keep in force the insurance referred to in Clause

GCC 9.1 & 9.2 above and if specified in SCC, the contract will be liable to be

terminated and the Contractor will be responsible to the Employer for the damage

caused and thereby the loss incurred by him.

10. DRAWING, PATTERNS AND SAMPLES

10.1 The contractor shall submit to the Engineer for approval such general and

detailed dimension drawings as may be called for with samples and patterns (if

required) of all the plants, materials and things specified in the specifications and

drawings, patterns and samples submitted by the contractor and approved by the

Engineer shall not be departed from without the instructions of the Engineer in

writing. No approval given by the Engineer to any drawings, samples or patterns

submitted by the contractor shall in any way exonerate the contractor from his

liability to carry out the work in accordance with the terms of the contract.

10.2 All dimensions marked on drawing shall be considered correct, although

measurements by scales may differ therefrom. Detailed drawings approved by the

Engineer shall be acted upon where they differ from the general drawing. The

contractor shall provide at his own expenses all copies of the drawings and samples

and patterns required by him in the execution of the work and shall also at his own

expense, supply to the Engineer such drawings and copies thereof as are provided

for in the specifications.

10.3 During the execution of the works, at least one set of drawings shall be made

available for reference at site by the contractor.

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11. SAFETY

11.1 The Contractor shall be responsible for the safety of all activities on the Site. He shall

follow all Dock Safety Rules/regulations while working within the Dock premises.

11.2 SAFETY PROVISIONS :

1) The contractor is responsible for complying with all the relevant safety standards/

codes and should take necessary safety measures/precautions to carry out the job,

without causing any accident, in the work premises, which will ultimately cause

loss to Port Trust either directly or indirectly.

2) The contractor should apply for written permission to carry out the hot jobs with

full details of the work, date, duration of work etc.

3) All the required safety gear and fire fighting accessories be made available by the

contractor at the site of work for any emergency.

4) The application for hot work permission should be sent to Port Fire and Safety

Officer, and the Safety section in advance.

5) The hot jobs should be started only after the concerned supervisory staff of the

section is satisfied with the safety arrangements made at site.

6) The contractor shall provide and maintain upon the works sufficient, proper and

efficient life saving appliances and first aid equipments to the approval of the

Engineer and Port Safety Officer.

12. POSSESSION OF THE SITE

12.1 The Employer shall give possession of all parts of the Site to the Contractor, free from

encumbrances as far as possible. If possession of a part is not given by the date stated

in the tender the Employer have deemed to have delayed the start of the relevant

activities and such delays will not be accounted in completion of work.

13. ACCESS TO THE SITE

13.1 The Contractor shall allow the Engineer access to the Site to any place where work in

connection with the Contract is being carried out or is intended to be carried out and

to any place where materials or plant are being manufactured, fabricated and /or

assembled for the works. In the execution of the work, no persons other than the

contractor or his duly appointed representatives, sub-contractor and workmen shall be

allowed to do the work at site except with the special permission in writing by the

Engineer.

14. SETTLEMENT OF DISPUTES

14.1 Engineer’s Decision

14.1.1 In all disputes, matters , claims , demands or questions arising out of or connected

with the interpretation of the Contract including the meaning of Specifications and

Instructions or as to the quality of workmanship or as to the materials used in the

work or the execution of the work whether during the progress of the work or after the

completion and whether before or after the determination , abandonment or breach of

the contract, the decision of the Engineer shall be final and binding on all parties to

the contract and shall forthwith be given effect to by the Contractor .

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14.1.2 If a dispute of any kind whatsoever arises between Employer and the Contractor in

connection with, or arising out of the contract or the execution of the works, whether

during the execution of the works or after their completion and whether before or

after repudiation or other termination of the contract, including any dispute as to any

opinion, instruction, determination certificate or valuation of the Engineer, the matter

in dispute shall, in the first place, be referred in writing to the Engineer within 30

days. Such reference shall state that it is made pursuant to this Clause. No later than

the thirty days after the day on which he received such reference, the Engineer shall

give notice of his decision to the Contractor. Such decision shall state that it is made

pursuant to this clause. Unless the Contract has already been repudiated or terminated,

the Contractor shall in every case, continue to proceed with the works with all due

diligence and the Contractor and the Employer shall give effect forthwith to every

such decision of the Engineer unless and until the same shall be revised, as hereinafter

provided, in an amicable settlement or an arbitral award.

If the Contractor be dissatisfied with any decision of the Engineer, or if the Engineer

fails to give notice of his decision on or before the thirtieth day after the day on which

he received the reference, then either the Employer or the Contractor may, on or before

the seventieth day after the day on which he received notice of such decision, or on or

before the seventieth day after the day on which the said period of thirty days expires,

as the case may be given notice to the other party, with a copy for information to the

Engineer, of his intention to commence arbitration, as hereinafter provided, as to the

matter in dispute. Such notice shall establish the entitlement of the party giving the

same to commence arbitration, as hereinafter provided, as to such dispute and, subject

to GCC Clause 14.4 no arbitration in respect thereof may be commenced unless such

notice is given.

If the Engineer has given notice of his decision as to a matter in dispute to the

Contractor and no notice of intention to commence arbitration as to such dispute has

been given by either the Employer or the Contractor on or before the seventeenth day

after the day on which the parties received notice as to such decision from the

Engineer, the said decision shall become final and binding upon the Employer and the

Contractor.

14.2 Amicable Settlement

Where notice of intention to commence arbitration as to a dispute has been given in

accordance with GCC Clause 14.1, the parties shall attend to settle such dispute

amicably before the commencement of arbitration. Provided that, unless the parties

otherwise agree, arbitration may be commenced on or after the fifty-sixth day after the

day on which notice of intention to commence arbitration of such dispute was given,

even if no attempt at amicable settlement thereof has been made.

14.3 Arbitration

Any dispute in respect of which

a) the decision, if any, of the Engineer, has not become final and binding pursuant

to GCC Clause 14.1 and

b) amicable settlement has not been reached within the period stated in GCC Clause

14.2

shall be finally settled under the Rules of Indian Arbitration and Conciliation Act,

1996 or any statutory modification or re-enactment thereof and rules made thereunder

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and for the time being in force. The Arbitration Tribunal shall be composed of three

arbitrators and they will be appointed as per provision of the Act.

Neither party shall be limited in the proceedings before such arbitrators to the

evidence or arguments put before the Engineer for the purpose of obtaining his said

decision pursuant to GCC Clause 14.1. No such decision shall disqualify the Engineer

from being called as a witness and giving evidence before the arbitrators on any

matter whatsoever relevant to the dispute.

Arbitration may be commenced prior to or after completion of the works, provided

that the obligations of the Employer, the Engineer and the Contractor shall not be

altered by reason of the arbitration being conducted during the progress of the works.

14.4 Failure to comply with Engineer’s Decisions

Whether neither the Employer nor the Contractor has given notice of intention to

commence arbitration of dispute within the period stated in GCC Clause 14.1 and the

related decision had become final and binding, either party may, if the other party

fails to comply with such decisions, and without prejudice to any other rights it may

have, refer the failure to arbitration, in accordance with GCC Clause 14.3 . The

provision of GCC Clauses 14.1 and 14.2 shall not apply to any such reference.

14.5 Progress of work not be interrupted

The Contractor must at all times fulfill his obligations under the Contract and shall

not slow down or stop the progress of work during the period any dispute is under

settlement either through reference to the Engineer or through arbitration pursuant to

the last preceding clause. Even if the works to be carried out during such a period

involve matters under dispute, the Contractor shall nevertheless proceed with the

works as per direction of the Engineer, pending settlement of the dispute. Failure of

the Contractor in this respect shall constitute default on his part and render him liable

to actions under the provisions of GCC Clause 63.

14.6 Venue of Arbitration Proceedings

The venue of arbitration proceedings will be Mumbai.

14.7 Fees and Expenses

The fees and expenses of the arbitrator and all other expenses of the arbitration shall

be initially borne and paid by the respective parties subject to determination by the

arbitrator. The fees of the third arbitrator, if applicable, are to be equally borne by

both the parties. The arbitrator may provide in the arbitral award for the

reimbursement to the prevailing party or the defending party, as the case may be, of

its cost and expensed in bringing or defending arbitration claim, including legal fees

and expenses incurred by the party.

14.8 Provided always as follows:

14.8.1 Nothing of the provisions in paragraphs 14.1.2 hereinabove would apply in the

case of contracts where tendered amount appearing in the letter of acceptance of the

tender / offer is less than Rs.5,00,00,000/- (Rs. Five Crore). In such cases the decision

of the Chief Mechanical Engineer shall be final with an appealing authority as

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Chairman of the Port. The decision of the Chairman shall be binding upon the

Contractor.

14.8.2 The Contractor shall have to raise disputes or differences of any kind whatsoever in

relation to the execution of the work to the Engineer within 30 days from the date of

occurrence of the cause of dispute and before the preparation of the final bill, giving

detailed justifications, in the context of contract conditions.

14.8.3 Contractor’s dispute, if any, arising only during the maintenance period stipulated in

the contract, must be submitted to the Engineer, with detailed justifications in the

context of contract Conditions, before the final completion of the work.

No dispute or difference on any matter whatsoever, pertaining to the contract can be

raised by the contractor after the completion of the work.

14.8.4 Contractor’s claim / dispute raised beyond the time limits prescribed in GCC Clauses

14.8.2 and 14.8.3 shall not be entertained by the Engineer and / or by any Arbitrator,

subsequently.

14.8.5 The Chairman / Employer shall have the right to alter the panel of Arbitrators on their

sole discretion, by adding the names of new Arbitrators and / or by deleting the names

of existing Arbitrators, without any reference to the Contractor.

15 PHASING OF WORK:

The contractor will be required to furnish a phased programme of the works as to how

he intends to complete the work to the Engineer immediately on receipt of the Letter

of Acceptance and to proceed with the preliminary preparations. The contractor shall

indicate separate definite time period for completion of various parts of the work

and he will be required to adhere to such programme so as to complete the entire

work within the stipulated completion period.

16. COMMENCEMENT AND PROSECUTION:

16.1 The work should be completed in accordance with the provisions of this contract

with any authorised alterations, amendments, addition or omissions within the period

stated in the form of tender or such extension allowed by the Engineer under GCC

Clause 17 and shall not be considered completed until the Engineer has certified in

writing that it has been completed to his satisfaction.

16.2 The Contractor shall carry out all instructions of the Engineer which comply with the

applicable laws where the Site is located.

16.3 The contractor shall commence the work immediately after the receipt of Letter of

Acceptance and carry out the same expeditiously at whatever point or points and in

such portion as the Engineer may direct and if it shall at any time appear to the

Engineer that the works or any part thereof are not being carried out so as to ensure

completion of the work within the period, hereinafter mentioned he may give to

the contractor a written notice requiring the completion of any part of the work by a

time specified therein.

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17. EXTENSION OF TIME

17.1 The Works to Be Completed by the Intended Completion Date. The Contractor may

commence execution of the Works on the Start Date and shall carry out the Works in

accordance with the program submitted by the Contractor as updated with the approval

of the Engineer, and complete them by the Intended Completion Date.

17.2 The Engineer shall extend the Intended Completion Date if a Compensation Event

occurs or a Variation is issued which makes it impossible for Completion to be

achieved by the Intended Completion Date without the Contractor taking steps to

accelerate the remaining work and which would cause the Contractor to incur

additional cost.

17.3 The Engineer shall decide whether and by how much to extend the Intended

completion Date within 21 days of the Contractor asking the Engineer for a decision

upon the effect of a Compensation Event or Variation and submitting full supporting

information. If the Contractor has failed to give early warning of a delay or has failed

to co-operate in dealing with a delay, the delay by this failure shall not be considered

in assessing the new Intended Completion Date.

17.4 After completion of the work, the contractor will serve a written notice to the Engineer

to this effect. The Engineer upon receipt of this notice shall conduct a complete joint

survey of the work within 7 days and prepare a defects list jointly. The defects pointed

out by the Engineer would be rectified by the contractor within 30 days and thereafter

acceptance report be signed jointly by the contractor and the Engineer. This joint

acceptance report shall be treated as ‘Completion Certificate’.

18. MANAGEMENT MEETINGS

The Engineer or the contractor may require the other to attend the management

meeting to review the plans for remaining work and to deal with matters revised in

accordance with early warning procedure.

The Engineer shall record the Business of Management meetings and is to provide

copies of record to those attending the meeting. The responsibilities of the parties for

actions to be taken are to be decided by the Engineer.

19. COMPENSATION EVENTS

19.1 The following mutually agreed Compensation Events unless they are caused by the

Contractor would be applicable:

(a) The Employer does not give access to a part of the Site by the Site Possession Date

stated in the tender.

(b) The Engineer modifies the schedule of other contractors in a way which affects the

work of the contractor under the contract.

(c) The Engineer orders a delay or does not issue drawings, specifications or instructions

required for execution of works on time.

(d) The Engineer instructs the Contractor to uncover or to carry out additional tests upon

work which is then found to have no Defects.

(e) The Engineer unreasonably does not approve for a subcontract to be let.

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(f) The Engineer gives an instruction for additional work required for safety or other

reasons.

(g) Other contractors, public authorities, utilities or the Employer does not work within the

dates and other constraints stated in the Contract that cause delay or extra cost to the

Contractor.

(h) The Engineer unreasonably delays issuing a Certificate of Completion.

(i) Other Compensation Events listed in the tender or mentioned in the contract.

Whenever any compensation event occurs, the contractor will notify the Employer,

within 14 days and provide a forecast cost and time period for completion of the

compensation event.

19.2 If a Compensation Event would cause additional cost or would prevent the work

being completed before the Intended Completion Date, the Contract Price shall be

increased and/or the Intended Completion Date shall be extended. The Engineer shall

decide whether and by how much the Contract Price shall be increased and whether

and by how much the Intended Completion Date shall be extended.

19.3 As soon as information demonstrating the effect of each Compensation Event upon

the Contractor’s forecast has been provided by the Contractor, it is to be assessed by

the Engineer and the Contract Price shall be adjusted accordingly. If the Contractor’s

forecast is deemed unreasonable the Engineer shall adjust the Contract Price based on

Engineer’s own forecast.

20. EARLY WARNING

20.1 The Contractor is to warn the Engineer at the earliest opportunity of specific likely

future events or circumstances that may adversely affect the quality of the work,

increase the Contract Price or delay the execution of works. The Engineer may

require the Contractor to provide an estimate of the expected effect of the event or

circumstance on the Contract Price and Completion Date. The estimate is to be

provided by the Contractor as soon as reasonably possible.

20.2 The Contractor shall cooperate with the Engineer in making and considering

proposals for how the effect of such an event or circumstance can be avoided or

reduced by anyone involved in the work and in carrying out any resulting instruction

of the Engineer.

21. BILL OF QUANTITIES

21.1 The Bill of Quantities shall contain items for the construction, supply,

installation, testing and commissioning work to be done by the Contractor.

21.2 The Bill of Quantities is used to calculate the Contract Price. The Contractor is

paid for the quantity of the work done at the rate in the Bill of Quantities for each

item.

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22. VARIATION

22.1 Power To Vary Or Omit Work:

i) No alterations, amendments, omissions, additions, suspensions, or variations

(hereinafter referred to as "Variations") in the work under the contract as shown by

the contract drawing or the specifications shall be made by the contractor

except as directed by the Engineer from time to time during the execution of the

contract, by notice in writing to instruct the contractor to make such variations

without prejudice to contract and the contractor shall carry out such variations and

be bound by the same conditions though the said variations occurred in the

specifications.

The suggested variations, if any, in the opinion of the contractor, if carried out, would

prevent him from fulfilling any of his obligations or guarantees under the contract he

shall notify the Engineer thereof in writing and shall decide forthwith whether or not

the same shall be carried out and if the Engineer confirms the instructions, the

contractors obligations and guarantees shall be modified to such an extent as may be

justified.

The difference in cost, if any, occasioned by such variation shall be added or

deducted from the contract price as the case may be. The amount of such difference,

if any, shall be ascertained and determined in accordance with the rates, specified in

the Bill of Quantities, so far as the same be applicable and where the rates are

not contained in the said Bill of Quantities or are not applicable, they shall be

settled by the Engineer. But the Employer shall not become liable for the payment of

any change in respect of any such variations unless the instructions for the

performance of the same shall have been given in writing by the Engineer.

ii) In the event of the Engineer requiring any variations, such reasonable and proper

notice shall be given to the contractor as will enable to make his arrangements

accordingly and in case where goods or materials have already been prepared or

any designs, drawings or patterns made or work done that is required to be altered,

reasonable sum in respect thereof shall be allowed by the Engineer.

ii) Variation permitted shall not exceed + 25% in quantity of each individual item, and +

10% of the total contract price. Within 14 days of the date of instruction for executing

varied work, extra work or substitution, and before the commencement of such work,

notice shall be given by the contractor to the Employer of his intention to claim extra

payment or a varied rate or price.

22.2 Escalation / Price Adjustment :

No escalation be payable or price adjustment be made in the contract unless otherwise

specified elsewhere in the tendering document.

23. TERMS OF PAYMENT

Please refer modified clause in special conditions of contract (SCC)

23.1 Payment will be made for the completed work as per Bill of Quantities /

specifications etc. or/and as specified in SCC. Payment will be made normally within

30 working days after submitting the bill alongwith all the relevant documents.

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23.2 The rates quoted by the Contractor shall be deemed to be inclusive of all the taxes that

the Contractor will have to pay for the performance of this Contract. The Employer

will perform such duties in regard to the deduction of such taxes at sources as per

applicable law. Any new Taxes, levies, duties imposed after signing the Contract and

during the completion period shall be reimbursed by the Employer on production of

documentary evidence. In case of any change and revision in any taxes duties & other

statutory levies etc and/or withdrawal / abolition of any taxes, duties and other

statutory levies etc the contractor will give due rebate as would be effected by such

revision / withdrawal / change.

23.3 Every application to the Engineer for a certificate shall be accompanied by

detailed invoice (in triplicate) setting forth in the order or Bill of Quantities and

work executed upto the date of claim.

23.4 The Engineer may give any certificate, make any correction or modification in any

previous certificates which have been issued by him and payments shall be

regulated and adjusted accordingly.

23.5 Any statutory deductions such as Income Tax, Service Tax or any other levy of taxes

and duties imposed by any Government authorities from time to time shall become

applicable and shall be recovered from the contractor’s bill. Payment of all Port dues

and any other amounts / charges those are due shall be recovered from the

contractor’s bill.

23.6 Advance Payment [Applicable only where contract value is more than Rs. 5

Crore]

23.6.1 Mumbai Port Trust may provide advance payment where contract value more than

Rs. 5 Crore but subject to following conditions. However availing facility of advance

payment shall be optional with the tenderer.

Advance payment shall be made subject to contract condition with the following

conditions:

1) 10% of the Contract Value shall be released as Advance payment

2) Advance payment attracts an interest at PLR plus 2% per annum.

3) Advance along with accrued interest component shall be recovered from the

stage payment in equal instalments provided that the advance payment shall

be completely recovered prior to the time when eighty percent (80%) of the

contract price has been certified for payment.

4) Central Vigilance Commission’s Guidelines in this regard may be followed

for recovery (time bound recovery)

5) The PLR shall mean PLR of State Bank Of India as on the date of release of

Advance 23.7 Stage Payments [applicable only for contracts of value Rs. 5 Crore or more

or/and as specified in SCC]

i. Stage payment shall be released based on the progress of work / certification /

reaching milestones as per the contract conditions.

ii. A formal agreement has been drawn up with the contractor, under which the

Employer secure a lien on the contractor’s materials.

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iii. The materials are safe-guarded by the contractor against losses, shortage and

misuse due to the contractor postponing the execution of the work or otherwise.

iv. In the event of storage of such materials within the Employer’s protected areas in

the Docks, the contractor shall submit an indemnity Bond in the proforma and

manner acceptable to Employer whereby the contractor shall indemnify the

Employer against all financial loss/ damage, on account of loss/ damage to such

materials for whatever reasons.

v. In the event of storage of such materials outside the Employer’s protected areas,

the Contractor shall submit to the Engineer an irrevocable Bank Guarantee

favouring the Employer and for the same sum as is being advanced, in the

proforma and manner acceptable to the Employer. The Guarantee shall be of a

Mumbai Branch of any Nationalised Bank or a Scheduled Commercial bank, as

the case may be, acceptable to the Employer and shall remain valid till the

anticipated period of consumption of such materials in the work. The Bank

Guarantee must bear an undertaking by the issuing Bank guaranteeing

automatic payment of the guaranteed sum to the Employer by the Bank on the

date of expiry of the validity of the Guarantee, unless with the prior written

approval of the Engineer on behalf of the Employer, the Bank has extended the

validity of the Guarantee.

vi. The amount of advance shall be recoverable from the contractor’s bills or any

other dues, progressively with the consumption of the materials on the basis of

quantity consumed. Consequent on full recovery of the advance the Indemnity

Bond / Bank Guarantee, vide sub-clause (iv) & (v) above, shall be returned to

the Contractor duly discharged by the Engineer on behalf of the Employer.

vii. All stage payments shall be backed by Bank Gurantee till the material is

received at site.

24. PAYMENT MODE

24.1 The tenderer shall be paid through ECS (Electronic Clearing System) if the tenderer

is located in Mumbai. The tenderer located outside Mumbai and any where in India

shall be paid through National Electronic Clearing System (NECS) provided that the

concerned branch of Bank is Core Banking enabled and MICR code starts with

number other than zero.

24.2 The refund of EMD / Performance guarantee shall be done by MbPT through ECS /

RTGS. Similarly, payments against bill(s) for work executed shall also be made in

form of ECS / RTGS. Hence, the tenderer shall fill in all the required details in Form-

8 enclosed and submit the same alongwith the original deposit receipt duly

discharged.

25. DELAYED PAYMENT

Every effort will be made by the Employer for making payments to the contractor

within the stipulated period. However, if for any reasons, payments are delayed by the

Employer beyond the stipulated period after satisfactory submission of Contractor's

claim comprising of all the relevant documents, no interest shall be payable for such

delayed payments.

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26. LIQUIDATED DAMAGES / LATE DELIVERY CHARGES

26.1 In the event of failure by the contractor to complete the execution of the work within

the stipulated completion period or by the expiry of any period of extension granted

by the Engineer in terms thereof the contractor shall be liable to pay, Liquidated

Damages (L.D.)/ Late Delivery Charges levied at the rate of Half per cent (1/2 %) of

the contract price per week or part thereof of delay, subject to a maximum of Ten per

cent (10%) of the contract price.

26.2 The Employer, if satisfied, that the works can be completed by the contractor within a

reasonable time after the specified time for completion, may allow further extension

of time at its discretion with or without the levy of L.D. In the event of extension

granted being with L.D., the Employer will be entitled without prejudice to any other

right or remedy available in that behalf, to recover from the contractor as agreed

damages equivalent to half per cent (1/2 %) of the contract price of the works for

each week or part thereof subject to maximum of Ten per cent (10%) of Contract

Price.

26.3 The Employer, if not satisfied that the works can be completed by the contractor, and

in the event of failure on the part of the contractor to complete work within further

extension of time allowed as aforesaid, shall be entitled, without prejudice to any

other right, or remedy available in that behalf, to rescind the contract.

26.4 The Employer, if not satisfied with the progress of the contract and in the event of

failure of the contractor to recoup the delays in the mutually agreed time frame, shall

be entitled to terminate the contract.

26.5 In the event of such termination of the contract as described in GCC Clauses 26.3 or

26.4 or both, the Employer shall be entitled to recover L.D. maximum upto Ten

percent (10%) of the contract price and forfeit the performance guarantee provided

by the contractor. Further, the action as deemed fit will be taken by the Employer

which may include blacklisting the contractor.

27. MISTAKES IN CONTRACTOR'S DRAWING

The contractor shall be responsible for any alterations of the work due to any

discrepancies, errors or omissions in the drawings or other particulars supplied by

him, whether such drawings or other particulars supplied by him, have been

approved by the Engineer or not. In such event, the Contractor shall make good the

defects at his risk and cost.

28. WORKMANSHIP

All the work specified and provided for in the specifications or which may be

necessary to be done in order to form and complete any part thereof shall be

executed in the best and most substantial and workman like manner with materials

of the best approved quality of their respective kinds, in accordance with the

particulars, contained in or implied by the specifications and as represented by the

drawings or according to any other instructions given from time to time by the

Engineer during the execution of the work and to the entire satisfaction.

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29. WORKING HOURS

No work shall be carried out between Sunset and Sunrise and on Sundays or Central

Government holidays except with the previous sanction in writing of the Engineer,

granting to which will be entirely at his discretion and cannot be claimed by the

contractor as a matter of right and the refusal to grant such permission will not be

accepted by the Employer as a ground of excuse for not completing the work within

the specified period.

30. INSPECTION AND TESTING

30.1 The Engineer shall have at all reasonable time access to the contractor's premises

and shall have the power at all reasonable time to inspect, examine and test the

materials and workmanship of the work during its manufacture there and if a part of

the work is being manufactured on other premises, the contractor shall obtain

permission for the Engineer to inspect as if the work was being manufactured on

contractor's own premises.

30.2 Only such work will be accepted and paid for as the Engineer may certify to be

strictly in accordance with the contract. 30.3 The Engineer on giving seven days notice in writing to the contractor setting out any

ground of objections which may have in respect of the work shall be at liberty to

reject all or any materials of workmanship, the subject of any of the said grounds of

objection which are not in accordance with the contract.

30.4 In all cases where the contract provides for tests whether at the premises of the

contractor or any sub-contractor or elsewhere the contractor except where

otherwise specified shall provide free of charges such labour, materials, electricity,

fuel, water, stores, apparatus and instruments as may reasonably be demanded, to

carry out efficiently such tests of the work in accordance with the contract and shall at

all time facilitate the Engineer to accomplish such testing.

30.5 The cost of all tests and/or analysis effected at the contractor's or sub-contractor's

work and on the site shall be borne by the contractor. The cost of independent test

and/or analysis which the Engineer may cause to be made and which prove

satisfactory will be borne by the Employer but the contractor will be called upon

to pay all expenses incurred by the Employer in respect of any work found to be

defective or of inferior quality, adulterated or otherwise unacceptable.

30.6 The contractor shall give the Engineer, such reasonable notice of the progress of the

work (and in particular of any work being made ready for shipment or

transportation) as will permit inspection, examination and testing and no work shall

be painted or prepared for shipment or transportation as the case may be without the

consent of the Engineer until the same has been passed by Engineer as being ready

for shipment or transportation but no such passing or consent shall relieve the

contractor from the liability to complete the contract works in accordance with the

contract.

31. REPLACEMENT OF DEFECTIVE WORK OR MATERIALS

If during the progress of the work, the Engineer shall decide and notify in writing

to the contractor that contractor has executed any unsound or imperfect work, or

has supplied anything inferior in quality to that specified, the deficiencies shall be

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made good by the Contractor at his own expenses, within seven days of his

receiving the notice or otherwise within such time as may be reasonably necessary

for making it good, proceed to alter, reconstruct or remove such work, or supply

fresh materials up to the standard of the specifications.

32. MATERIALS TO BECOME PROPERTY OF THE EMPLOYER

All materials, plant, and other things, the supply of which form the part of the

contract work shall on delivery at Mumbai Port become the property of the Employer.

All the contractor's materials, brought to and delivered at site for use of the contract

works, shall from the time of their being so brought, vest in and be the property of

Employer and shall be used solely for the purpose of the works and shall not on any

account be removed or taken away by the contractor or any other person without

the express permission in writing of the Engineer but the contractor shall

nevertheless be solely liable or responsible for the loss or destruction thereof or

damage which may be caused thereto during the continuance of this contract.

Upon the completion of the contract the property, if any, surplus of such materials,

shall revert to the contractors and in the Specification or unless they shall be due

owing to or accruing or to accrue to the Employer from the contractors any

money under, or in respect of or by reason of the contract in which case the

Employer shall be at liberty to sell and dispose of such surplus materials as they

shall think fit and to supply the proceeds in or towards the satisfaction of such

money or moneys so due owing to or accruing or to accrue to them as aforesaid.

33. RISK PENDING COMPLETION.

33.1 All the contract works until taken over by the Employer under GCC Clause 43 shall

stand at the risk of the contractor who shall be responsible to make good at his own

cost all loss or damage caused by or due to fire, weather or any other cause

whatsoever and the contractor shall hand over the contract work complete in every

respect as per the Agreement.

33.2 Until the work shall be or be deemed to be taken over as provided in GCC Clause 43

the contractor shall also be liable for and shall indemnify the Employer in respect of

all injury to any person or damage to any property of the Employer or of other,

occasioned by the negligence or default of the contractor or his employees, or sub-

contractor or of the Employer’s employees, if any, working under the contractor's

supervision by defective design or work by the non-compliance by the contractor with

the terms of this contract.

33.3 The contractor shall indemnify and save harmless the Employer against all actions,

suits, demands, claims, costs or expenses arising in connection with injuries

suffered by persons employed by the contractor or his sub-contractors on the work

including the Employer’s employees, if any, working under the contractor's

supervision. The contractor shall during the progress of the contract work insure

himself and Employer against all liabilities in respect of such injuries to persons

employed as aforesaid and shall at all times when required by the Engineer produce

the policy for such insurance and the receipts for the last premium payable in

respect thereof.

33.4 In the event of any claim being made or action brought against the Employer including

the contractor and arising out of the matters referred to and in respect of which the

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contractor is liable under this clause, the contractor shall be promptly notified thereof

and he shall with the assistance if he so requires of the Employer but at the sole expense

of the contractor conduct all negotiations for the settlement of the same or any

litigation that may arise therefore. In such case the Employer shall at the expense of the

contractor afford all available assistance for any such purpose.

34. SETTING OUT AND MEASURING

The contractor shall furnish at his own cost measuring instruments, tools, measuring

tapes and other implements and labour required for the proper setting out of the

work and shall set out and be entirely responsible for such setting out. He may

have obtained the drawings and layouts from the Engineer and shall at once alter or

amend any mistake or deficiencies in such setting out being ordered to do so by the

Engineer. The contractor shall provide all men, materials, appliances and things

which the Engineer may require for measuring or inspecting the work.

35. SPECIFICATIONS AND DRAWINGS

The specifications and drawings are to be considered as explanatory to each other

and should anything appear in the one that is not described in the other, no

advantage shall be taken of any such omission. Should any discrepancies or

inconsistencies however appear or should any misunderstanding arise as to the

meaning and import of these specifications or drawings or as to the dimensions or

the quality of the materials or due to proper execution of the works as to the

measurements or quality and valuation of the works executed under this contract or as

extras thereupon the same shall be explained by the Engineer whose explanation

shall be final and binding upon the Contractor who shall execute the work according

to such explanation and also to liaise with the inspecting agency at manufacturer's

premises and at the point of delivery and without extra charges and shall also do all

such works and things as may be necessary for the proper completion of works as

implied by the specifications and drawings even though such works and things are

not specifically shown and described therein. The contractor should visit the site and

make themselves thoroughly acquainted with the nature and requirement of the work

before finalizing the design and detailed engineering, wherever applicable.

36. CONTRACTOR'S REPRESENTATIVE AND NOTICES

The contractor shall employ at least one competent representative whose name or

names shall have previously been communicated in writing to the Engineer by the

contractor to supervise the erection of the plant/equipment and carrying out the

works and also liaise with inspecting agency, if any. The said representative or if

more than one is deployed then one such representative shall be present at site

during working hours and any written orders or instructions which the Engineer may

give to the said representative of the contractor shall be deemed to have been given

to the contractor.

37. STORAGE

The Engineer shall assess the storage requirement for the work under this tender

and provide the same at sites if available, free of cost to the contractor for the work

but the contractor shall satisfy himself as to the suitability of such sites and

protection and such provision shall not release the contractor from liability to

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make good any loss or damage or theft which may hamper such work until the same

shall have been taken over as mentioned under GCC Clause 43. The contractor shall

handover the storage area to the Employer as per the GCC Clause 48 and 58.

38. DEFECTIVE MATERIALS

If the Engineer considers any materials unfit for use or not in accordance with the

specifications, the same shall be removed by the contractor from the site of the

work within 24 hours or within reasonable period as instructed by the Engineer, after

notice to that effect has been given to the contractor failing to remove such

rejected materials the same shall be removed by the Employer at the contractor's

risk and cost.

39. ENGINEER'S SUPERVISION

39.1 All the works shall be carried out under direction and to the satisfaction of Engineer

but the contractor shall be responsible for the correctness of the work according to the

drawing, except such works as have been carried out by the Engineer.

39.2 The Contractor shall take instructions from the Engineer and Engineer's

Representative subject to limitation of GCC Clause 39.5 herein below.

39.3 The Engineer shall have full power and authority

i. to supply to the contractor from time to time during the progress of the works

such further drawings and instructions as shall be necessary for the purpose of proper

and adequate execution and maintenance of the works and the contractor shall carry

out and be bound by the same.

ii. to alter or modify the specification of any material and workmanship and to inspect

the work at any time.

iii. to order for any variation, alternation and modification of the work and for extra

works.

iv. to issue certificates as per contract

v. to settle the claims & disputes of the Contractor and Employer, as the first referee.

vi. to grant extension in completion time.

39.4 The Engineer's representative shall:

i. watch and supervise the works,

ii. test and examine any material to be used or workmanship employed in

connection with the work.

iii. have power to disapprove and material and workmanship not in accordance with

the contract and the contractor shall comply with his directives in this regard.

iv. make assessment / take measurements of work done by the contractor for the

purpose of payment or otherwise.

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v. order rectification of defective work by the Contactor at the contractor's

expense,

vi. have powers to issue alteration order not implying modification in design and

extension of completion time of the work and

vii. have such other powers and authorities vested in the Engineer, which have been

delegated to him in writing by the Employer under intimation to the Contractor.

39.5 Provided always that the Engineer's Representative shall have no power:

i. to order any work involving delay or any extra payment by the Employer,

ii. to make variation of or in the works and

iii. to relieve the Contractor of any of his duties or obligations under the Contract.

39.6 Provided also as follows:

i. If the contractor shall be dissatisfied by reason of any decision of the Engineer's

Representative, he shall be entitled to refer the matter to the Engineer who shall

thereupon confirm, reverse or vary such decision.

ii. Any written instructions or written approval given by the Engineer's

Representative to the contractor, within the terms of delegation of power and

authority vested in Engineer to his Representative in writing shall bind the

contractor and the Employer as though it had been given by the Engineer, who

may from time to time make such delegation.

40. TESTS ON COMPLETION

40.1 The tests on completion shall be carried out at manufacturer's premises and / or at site

in accordance with the contract. 40.2 On completion of erection/installation of all items at site in accordance with the

contract, the contractor shall give the Engineer 7 days notice in writing before

making the "tests on completion" in accordance with and in the manner prescribed

in the specifications. The defects pointed out by the Engineer during the joint survey

would be rectified by the Contractor within 14 days and thereafter acceptance report

be signed jointly by the contractor and the Engineer. The joint acceptance report shall

be treated as “Completion Certificate”.

40.3 Unless otherwise agreed, the tests shall take place within 10 days after the expiry of

the 7 days notice on such day or days as the Engineer shall indicate or as may be

agreed and such tests shall be carried out in the presence of the Engineer.

40.4 If any portion of work fails under the tests to fulfill the contract conditions, tests of

the faulty portion shall, if required, by the Engineer or by the contractor be repeated

within reasonable time upon the same terms and conditions and all the expenditure in

this respect shall be borne by the contractor.

40.5 If the "Tests on completion" has not been successfully made by the contractor

within one month after the time fixed for testing the work by the contractor for the

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commercial use, and if in the opinion of the Engineer the tests are being unduly

delayed, the Engineer may in writing call upon the contractor under seven days

notice to make such tests, the Engineer may proceed to carry out such tests himself

at the contractor's risk and expense.

41. RIGHT TO USE BEFORE TESTS

If the contractor neglects to make the tests on completion within the time stipulated

by the contractor, the Employer shall nevertheless have the right of using the

installations at the contractor's risk until the 'test on completion' are successfully

carried out.

42. REJECTION OF DEFECTIVE WORK

42.1 If the complete installation or any portion thereof before being taken over under

GCC Clause 43 is defective, or fail to fulfill the requirements of the contract, the

Engineer shall give notice to the contractor setting forth particulars of such

defects or failures and the contractor shall forthwith make the defective plant good,

or alter the same to make it comply with the requirements of the contract. Should

he fail to do so within a reasonable time, the Employer may reject and replace at the

cost of contractor the whole or any portion of the work as the case may be which

is defective or fails to fulfill the requirements of the contract.

42.2 If any supply of defective plant shall have caused delay in the completion of the

contract so as to give rise to a claim for damage on the part of the Employer under

GCC Clause 26 nothing contained in this clause shall interfere without prejudice any

rights of the Employer with respect to such claim.

43. ACCEPTANCE

The installation shall be deemed to have been accepted by the Employer when the

same shall have been erected on site and the Engineer shall have certified in writing

that it has fulfilled the contract conditions and such certificates shall not be

unreasonably withheld, or shall the Engineer delay the issuing of such certificates on

account of minor omissions, or defects, which do not affect the commercial use,

without any serious risk, of the installation, provided always that the contractor

undertake to make good such omissions and defects at the earliest possible moment.

44. GUARANTEE PERIOD / DEFECT LIABILITY PERIOD

44.1 The guarantee period will be effective for a period of twelve (12) months and it will

be in force from the date of final acceptance of the items of work completed under the

contract by the Employer and the contractor shall be responsible for any defects

that may develop under proper use arising from faulty materials, designs,

workmanship in the work but not otherwise and shall at his own cost remedy such

defects when called upon to do so by the Engineer who shall state in writing in what

respect any portion is faulty.

44.2 If it becomes necessary for the contractor to replace or renew any defective portions

of the installation under this clause, the provisions of this clause shall apply to

the portions of the installation so replaced or renewed until the expiry of three

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months from the date of such replacement or renewal or until the end of the above

mentioned guarantee period whichever may be later. If any defects be not remedied

within a reasonable time, the Employer may proceed to do the work at the

Contractor’s risk and expenses but without prejudice to any other rights which the

Employer may have against the contractor in respect of such defects. In such cases, the

guarantee period shall be extended by a period equal to the sum of any period after

the completion of contract during which the installation cannot be used for the

purposes for which they are intended for the reasons of defect or damage.

44.3 If the replacement or renewals are of such a character as may affect the efficiency

of the installation, the Engineer shall have the right to give to the contractor within

one month of such replacement or renewal notice in writing the `Test on

completion' be made in which case test shall be carried out as provided in GCC

Clause 40 thereof. Should such guarantee not be sustained, the cost of the test shall

be borne by the contractor.

44.4 All inspection, adjustments, replacement or renewal carried out by the contractor

during the period referred to in this clause shall be subject to the conditions of this

contract which shall be binding on the contractor in all respects during the guarantee

period.

45. FORFEITURE OF PERFORMANCE GUARANTEE

The performance Guarantee shall be liable to be forfeited, if the Contractor fails to

carry out the work in accordance with the contract or to perform / observe any of the

Conditions of the Contract. The Employer shall be at liberty to deduct / recover any of

the dues from the Performance Guarantee. All compensation or any other sums of

money payable by the Contractor to the Employer under the terms of Contract shall be

deducted from or paid by encashment of a sufficient part of the Performance

Guarantee or from any sum due or may become due to the Contractor by the Employer

on any account whatsoever and in the event of his Contract Performance Guarantee

being reduced by reason of any such deduction or encashment as aforesaid, the

Contractor shall within fifteen days thereafter, make good the amount so reduced, in

the form of Bank Guarantee in the prescribed format.

46. REFUND OF PERFORMANCE GUARANTEE (SECURITY DEPOSIT)

Upon the completion of the works to the satisfaction of the Engineer and after the

expiry of Guarantee period/ Defect Liability Period including its extension, if any, the

Employer shall refund to the contractor the said Performance guarantee after

deduction therefrom the amount of Liquidated Damages/ Late Delivery Charges

incurred and any other claims outstanding against the contractor upon receipt of

written application from the contractor.

47. OPERATING AND MAINTENANCE MANUALS

Upon completion of entire contract work the contractor shall submit soft & hard copy

of “as Made Drawing” (in duplicate) and operation & maintenance Manuals (in

duplicate) wherever required. The cost of the same shall be deemed to have been

included in the contract value.

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48. REMOVAL OF MATERIALS ON COMPLETION

The contractor/contractors shall on completion of the work when directed by the

Engineer remove all plants, tools, materials, and rubbish which may have been used

or may have accumulated during the progress of the work, other than those

permanently taken into the works of all such rubbish or surplus materials or plants

which the Engineer may require the contractor to remove at any time during the

progress of work shall be removed by the contractor within a week after receipt of

written notice from the Engineer requiring him to remove the same, and in default of

compliance with such notice the Employer may forthwith remove all such rubbish

or surplus materials or plant at the risk and cost of the contractor.

49. MEASUREMENT

49.1 Quantities:

The quantities set out in the Bill of Quantities are the estimated quantities and are

liable to altered or omitted to the extent as specified elsewhere in this tender.

49.2 Work to be measured:

The Engineer shall ascertain and determine by measurement, the value of the work

done in accordance with Contract. From time to time during the execution of the

works and whenever required by the Engineer, detailed measurements of any part or

parts of the Work shall be taken jointly by the Engineer and the Contractor.

If the Contractor has any difference of opinion as to the recorded measurements, he

shall submit, in writing, to the Engineer, within one week from the date of the

measurements, the details as to points of differences claimed, which will be examined

and decided upon by the Engineer separately.

Should the Contractor fail to forthwith attend for taking the measurements along with

qualified staff and appropriate equipment after having been intimated by the

Engineer;

and/ or

fail to countersign the measurements in the Measurement Books;

and/or

fail to submit to the Engineer, in writing, within one week from the date of the

measurements, the details of the points of difference clamed, if any;

then the measurements taken and recorded by the Engineer shall be taken to be the

correct measurements and the contractor shall have no right to dispute the same.

50. WORK BURIED OR CONCEALED

The contractor shall give notice to the Engineer whenever any work is to be

buried in the earth or made inaccessible later on, in order that the work may be

inspected and correct dimensions taken before such burial. In default whereof the

same shall at the opinion of the Engineer be either opened up for measurement at the

contractor's expenses and no allowance shall be made for such work. Should any

dispute or difference arise after the execution of any work as to measurements etc.

which cannot be conveniently tested or checked, the Engineer's notes shall be

accepted as correct and be binding on the contractor.

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51. CHIEF MECHANICAL ENGINEER'S DECISION FINAL

The whole of the work under this contract shall be carried out under the

direction of the Engineer-in-Charge. However, Chief Mechanical Engineer's decision

upon any dispute arising under this contract or the execution thereof including

any question as to construction and meaning of this contract or any clause therein

shall be final and binding upon the contractor whether such decision shall have given

by way of certificate or otherwise and whether it shall have been given during the

progress of the work or after completion of the same save and except the

methodology given for settlement of dispute as stated in GCC Clause 14.

52. PATENT RIGHTS

52.1 The contractor shall fully indemnify the Employer against any action, claim or

demand, costs or expenses arising from or incurred by reason of any infringement or

alleged infringements of letters, patents, design, trademark or name, copy right or

other protected rights in respect of any machine, plant work, materials or things,

system or methods of using, fixing working or arrangement used for fixed or supplied

by the contractor in India or elsewhere. All payments, and royalties payable in one

sum or by instalments or otherwise shall be deemed to be included by the contractor

in the prices quoted in the tender and shall be paid by him to whomsoever they may

be payable.

52.2 In the event of any claim being made or action brought against the Employer in

respect of any such matter as aforesaid, the contractor shall be immediately notified

thereof and he shall with the assistance if he so requires of the Employer but at the

sole expense of the contractor conduct all negotiations for the settlement of the same

or any litigation that may arise there from provided that the conduct of such

negotiations or litigations shall be conditional upon the contractor giving to the

Employer such security as shall from time to time by reasonably required by the

Employer to recover the ascertained or agreed amount as the case may be of any

compensation, damages, expenses, and cost which might be payable by the

Employer in respect of or as a result of any such negotiation or litigation.

53. EMPLOYER’s LIEN

The Employer shall have a lien on and over all or any moneys that may become due

and payable to the contractor under these presents and/or also on and over the

Performance Guarantee lodged under this contract and which may become repayable

to the contractor under the conditions on that behalf herein contained for or in respect

of any set of all or any of these moneys or Performance Guarantee against any debit

or sum that may become due and payable to the Employer by the Contractor either

alone or jointly with another or other and either under this or under any contract and

transactions of any nature whatsoever between the Employer and the contractors.

54. PHOTOGRAPHY INSIDE THE DOCK ZONE IS PROHIBITED

Without taking any prior written permission from the appropriate authority of MbPT,

any kind of photography whether still or video / movie inside the Dock is prohibited.

In compliance to the above, the contractor must ensure that, any photograph of

the work or any part thereof or plant employed by the contractor shall not be taken

either by the contractor or by the sub-contractor(s) employed by the contractor,

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without the prior approval of Employer and no such photograph shall be published or

otherwise circulated in any manner without the approval of the Employer.

55. ADVERTISEMENT

Without the written permission of the Employer, the contractor shall not advertise in

newspaper and/or in electronic media and/or shall not display on any hoarding,

fencing, building etc. in connection with this contract.

56. STATUTORY LICENCES :

A. In case of Electrical Works only:

i) The contractors will be required to furnish electrical contractors’ License

No. issued by the Government of Maharashtra, before commencement of

the work to the Engineer. He will also be required to furnish from time to

time the names of the electrical supervisors, their license No. who will be

supervising the work responsible for carrying out the work to the entire

satisfaction of the Engineer.

ii) If the tenderer possess the Electrical Contractor’s Licence issued by the

Government other than the Government of Maharashtra then the tenderer shall

obtain and produce the licence issued by the Government of Maharashtra

within 4 weeks from the placement of order or engage the Services of

authorised electrical contractor having valid electrical contractor’s licence

issued by Government of Maharashtra. In that case, a Memorandum of

Understanding (MOU) between the tenderer and the authorised electrical

contractor whose services the tenderer will engage to execute the tender work

upto the satisfaction of the Engineer within the stipulated time as well as for

providing support during Defect Liability Period including extensions, if any,

for the entire tender work shall be prepared. The copy of the same shall be

submitted before commencement of the work. However, the tenderer has to

make MOU on stamp paper to that effect and submit the same alongwith

techno-commercial proposal for evaluation purpose.

However, in such cases, the total responsibility lies with the tenderer.

B. Any other requisite licences for the execution of tender work shall be

furnished as specified in SCC.

57. ELECTRICAL POWER

57.1 The contractor will be allowed to tap/use electric power to the extent of 1 KW

free of cost, if electric supply from this Port Trust net work is available at work site

subject to the contractor's complying with the rules and regulations and temporary

load safety precaution laid down by this Port Trust from time to time. Use of power

is restricted to single phase, electrical drilling machine, temporary lighting and testing

of the lighting installation.

57.2 For additional power supply requirement will be on chargeable basis during the

period of contract as per applicable electricity tariff of Mumbai Port Trust. The

contractor will provide cables, switchgears etc to receive electricity from MbPT’s

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nearest electric supply service. For use of such electricity, all supply and safety

regulations including Indian Electricity Rules to be abide by the contractor.

58. USE OF GROUND

The contractor shall be allowed rent free use of such ground as is available at or near

the site of works as in the opinion of the Engineer may be absolutely necessary for

the proper and efficient execution of works and on the completion of works or

termination of his contract he shall clear away all his staging, scaffolding, tools,

plants, huts, rubbish and other materials within a week and hand over the ground in

a tidy clean condition.

59. INDEMNITY

Notwithstanding that all reasonable and proper precautions may have been taken by

the contractor at all times during the progress of the work, the contractor shall

nevertheless be wholly responsible for all damages, whether to the works themselves

or to any other Port Trust property or to the lives or persons or property of others

during the progress of the works and period of maintenance.

60. CO-ORDINATION OF CONTRACT WORK

The Contractor shall co-operate and share the Site with other contractors, public

authorities, utilities, and the Port Trust as applicable while execution of tender works.

The Contractor shall also provide facilities and services for them to the extent as

described in the Specifications. Engineer may modify the schedule of other

contractors and shall notify the contractor of any such modification.

61. SAFETY OF EXISTING UNDERGROUND SERVICES

The contractor shall take due care and adopt such measures to ensure that the

existing underground services of this Port Trust as well as Public Utility Bodies

viz. Tatas, B.E.S.T, M.T.N.L., M.C.G.B., etc., are not damaged during the

excavation work of cable trenches, pole pits, foundation pits, etc. The drawing

showing the approximate route of such service will be made available before starting

the work. Exact location of a service shall be ascertained by taking trial pits at

strategic points as directed by the Engineer. The work in the vicinity of such services

shall be carried out to meet the specific requirements of a party to whom the service

belongs. Any damage caused to a service, irrespective of the fact that the utmost

precautions are taken to avoid damage shall entirely be at the risk and cost of the

contractor.

62. NOTICE TO STATUTORY BODIES

The contractor shall give the customs, municipal, police, petroleum, road and

rail transport authorities and other authorities all notices, etc. that may be required

by law and obtain all requisite licenses / clearances for temporary obstructions,

enclosures and for any other purposes whatsoever and pay all fees, taxes and

charges which may be leviable on account of his/their own operations in executing

the contract. He shall make good any damage to adjoining property whether public or

private and supply and maintain any light etc. required at night.

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63. TERMINATION

63.1 Termination for Default

(a) The Employer, without prejudice to any other remedy for breach of Contract, by

written notice of default sent to the Contractor , may terminate the Contract in

whole or in part:

(i) if the Contractor fails to execute the works or deliver any or all of the material

within the period specified in the Contract, or within any extension thereof

granted by the Employer pursuant to GCC Clause 17;

(ii) if the Contractor fails to perform any other obligation under the Contract; or

(iii) if the Contractor , in the judgment of the Employer has engaged in fraud and

corruption, as defined in ITT Clause 36, in competing for or in executing the

Contract.

(b) In the event the Employer terminates the Contract in whole or in part, pursuant to

GCC Clause 63.1(a), the Employer may execute or procure, upon such terms and

in such manner as it deems appropriate, material or works or related services

similar to those undelivered or not performed, and the Contractor shall be liable

to the Employer for any additional costs for such similar material or works or

related services. However, the Contractor shall continue performance of the part

of the Contract which is not terminated.

63.2 Termination for Insolvency.

(a) The Employer may at any time terminate the Contract by giving notice to the

Contractor if the Contractor becomes bankrupt or otherwise insolvent. In such

event, termination will be without compensation to the Contractor , provided that

such termination will not prejudice or affect any right of action or remedy that

has accrued or will accrue thereafter to the Employer

63.3 Termination for Convenience.

(a) The Employer, by notice sent to the Contractor , may terminate the Contract, in

whole or in part, at any time for its convenience. The notice of termination

shall specify that termination is for the Employer’s convenience, the extent to

which performance of the Contractor under the Contract is terminated, and the

date upon which such termination becomes effective.

(b) The material or works or related services that are complete and ready for

shipment / execution within twenty-eight (28) days after the Contractor ’s

receipt of notice of termination shall be accepted by the Employer at the

Contract terms and prices. For the remaining material or works or related

services, the Employer may elect:

(i) to have any portion completed and delivered at the Contract terms and prices;

and/or

(ii) to cancel the remainder and pay to the Contractor an agreed amount for

partially completed material or works or related services and for materials and

parts previously procured by the Contractor .

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63.4 Liquidation and Re-Entry :

In the event of the contractor going into liquidation or passing an effective resolution

for winding up or upon the contractor making an arrangement with or assigning in

favour of his/their creditors or upon his assigning this contract or upon execution

being levied on the contractor goods or upon the Employer certifying under his hand

and in his opinion the contractor has

i) Abandoned the contract or

ii) Suspended the progress of the work for seven days after receiving from the

Employer’s written notice to proceed without any lawful excuse under

conditions, or

iii) Failed to make proper progress with the work for seven days after receiving

from the Employer’s written notice to employ more men, or

iv) Failed to remove materials from site or pull down the rebuilt work for seven

days after receiving from the Employer’s written notice that the said materials

or works are condemned and rejected by the Employer under GCC Clause 31,

or

v) Failed to give the Employer proper facilities for inspecting the works or any

part of them for three days after receiving from the Employer, written notice

demanding the same, or Failed to submit any work or materials to proper test

for three days after receiving written notice from the Employer requiring the

same, or

vi) Failed to complete all or any part of the work by the time or extended time for

completion, or

vii) Failed to complete all or any part of the work by the time or extended time for

completion.

Then the Employer may enter upon the site and works and expel the contractor there

from and may themselves use the material and plant upon the premises for the

completion of the work and employ any other contractor to complete or may

themselves complete the work, upon such entry the contract shall be determined save

the rights and power conferred upon the Employer hereby. The Employer’s certificate

under this clause shall be conclusive proof as between the contractor and Employer of

the statement contained in it.

64. PAYMENT UPON TERMINATION

64.1 If the Contract is terminated, the Engineer shall certify for the value of the work done

less advance payments received upto the date of the issue of the certificate, less other

recoveries due in terms of the contract, less taxes due to be deducted at source as per

applicable law and less the percentage to apply the work not completed. If the total

amount due to the Employer exceeds any payment due to the Contractor, the

difference shall be a debt payable to the Employer.

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65. PROPERTY

65.1 All materials on the Site, Plant, Equipment, Temporary Works and Works for which

payment has been made to the contractor by MbPT, are deemed to be the property of

the MbPT, if the Contract is terminated because of a Contractor’s default.

66. FORCE MAJEURE

66.1 The Contractor shall not be liable for forfeiture of its Performance Guarantee,

liquidated damages, or termination for default if and to the extent that its delay in

performance or other failure to perform its obligations under the Contract is the result

of an event of Force Majeure.

66.2 For purposes of this Clause, “Force Majeure” means an event or situation beyond the

control of the Contractor that is not foreseeable, is unavoidable, and its origin is not

due to negligence or lack of care on the part of the Contractor. Such events may

include, but not be limited to, acts of the Employer in its sovereign capacity, wars or

revolutions, fires, floods, epidemics, quarantine restrictions, and freight embargoes.

66.3 If a Force Majeure situation arises, the Contractor shall promptly notify the Employer

in writing of such condition and the cause thereof. Unless otherwise directed by the

Employer in writing, the Contractor shall continue to perform its obligations under the

Contract as far as is reasonably practical, and shall seek all reasonable alternative

means for performance not prevented by the Force Majeure event.

67. LABOUR

67.1 The Contractor shall, unless otherwise provided in the Contract, make his own

arrangements for the engagement of all staff and labour, local or other, and for their

payment, housing, feeding and transport. The Contractor shall, if required by the

Engineer, deliver to the Engineer return in detail, in such form and at such intervals as

the Engineer may prescribe, showing the staff and the numbers of the several classes

of labour from time to time employed by the Contractor on the Site and such other

information as the Engineer may require.

67.2 The contractor shall not employ a young child who has not completed his fifteenth

year of age. He shall also not employ an adolescent who has not completed his

eighteenth year unless he is certified fit for the work as an adult as prescribed

under Clause (b) of sub-section (2) of section 69 of the Factories Act, 1948. 67.3 The contractor shall also see that all the provisions set forth under the Minimum

Wages Act as amended from time to time are fully complied with by him and shall

maintain necessary registers and record for payment of wages, overtime, etc. made

to his workmen as required by the Conciliation Officer (Central), Ministry of

Labour, Government of India or such authorised persons appointed by Central or

State Government.

67.4 The contractor shall also see that the provisions regarding employment of young

persons covered by the Employment of Children Act, 1938 and the Factories Act,

1948 as amended from time to time shall be fully complied with.

67.5 In pursuance of Section 21 of Contract Labour (Regulation & Abolition) Act 1970,

above Act and Rule 25(2)(V)(a) framed thereof, the tenderers / contractors should

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note that in case where the workmen employed by them to perform the same and

similar kind of work as the workmen directly employed by this Port Trust, the wage

rate of all category of workmen shall be in accordance with the statement of MBPT

Schedule of Rates revised from time to time. The wage rates in respect of categories

of workman which are not included in the Port Trust schedule shall not be less than

those specified in the Schedule of `Fair Wages'. The latest statement of Mumbai Port

Trust Schedule of Rates is annexed hereto.

67.6 If any enhancement in the rates of Wages become payable as a result of the

implementation of the Chief Labour Commissioner’s interpretation of the Contract

Labour (Regulations and Abolitions) Central Rules,1971 including an increase of

the Wages, the same shall be borne by the contractor/contractors.

67.7 The contractor shall be responsible for the observance by his sub-contractors, of the

foregoing provisions as well as the provision mentioned in the sub-clause/para

no.67.10 below, pertaining to the Employees’ State Insurance Act(i.e. ESI Act).

67.8 The contractor shall make payment of wages and allowances to his employees/

laborers engaged for the contract through bank only and the documentary evidence of

the same shall be submitted monthly.

67.9 The Employer shall have the right to deduct from the moneys due to the contractor,

any sum required or estimated to be required for making good loss suffered by any

worker(s) by reason of non-compliance by the contractor with the extant laws and

regulations concerning the labour employed on the work.

67.10 The contractor shall comply with provision of the Employees’ State Insurance Act,

1948 and Employees Provident Funds and Miscellaneous Provisions Act, 1952 and

GOI, Ministry of Labour and Employment, Notification dated 20.07.2009. The

contractor should maintain the documents/records statutorily required under the Act.

Casual/Contract labourer if any, engaged by the contractor/sub-contractor must

possess valid Temporary Identity Certificate or Permanent Biometric Pechchaan Card

issued by the Employees’ State Insurance Corporation(ESIC). The contractor/sub-

contractor is not required to obtain Workmen’s Compensation Policy.

The permission for execution of contract shall be granted only after the contractor is

registered himself online with EPFO (Employees Provident Fund Organization) and

ESIC.

67.11 Supply of water : The contractor shall, as far as practicable having regard to local

conditions, provide on the site to the satisfaction of the Engineer's representative,

an adequate supply of drinking and other water for the use of the contractor's staff

and workmen.

67.12 Festivals and religious customs : The contractor shall in all dealings with labour

in his employ, have due regard to all recognized festivals and observe days of rest

as applicable to the outdoor staff of Mumbai Port Trust.

67.13 Epidemics: In the event of any outbreak of illness of an epidemic nature, the

contractor shall comply with and carry out such regulations, orders and

requirements as may be made by the Government or the local medical or sanitary

authorities for the purpose of dealing with overcoming the same.

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67.14 Disorderly conduct, etc. : The contractor shall at all time take all reasonable

precautions to prevent any unlawful riotous or disorderly conduct by or among

his employees, officers, or agents and for the preservation of peace and protection

of person and property in the neighbourhood of the works against the same.

67.15 Accidents: The contractor shall, within twenty four(24) hours of the occurrence of

any accident at or about the site or in connection with the execution of the work,

report such accidents to the Engineer or his representative. The contractor shall also

report such accidents to the concerned constituted authorities.

68. CONTRACT LABOUR (REGULATION & ABOLITION) CENTRAL RULE

ACT 1970- 71

68.1 The contractor shall comply fully with all Central and State Laws dealing with the

employment of persons, apprentices, etc. including the Employment of Children Act,

1938; Payment of Wages Act, 1936; the Workmen’s Compensation Act, 1923; The

Factories Act, 1948; the Minimum Wages Act, 1948; Dock Labour Regulations;

Contract Labour (Regulation and Abolition) Act, 1970 and any statutory amendments

or re-enactment thereof for time being in force.

69. FAIR WAGES CLAUSE :

(a) The contractor shall pay the laborers engaged by him on the work not less

than fair wages which expression shall mean whether for time or piece work

the respective rates of wages as fixed by the Central Public Works

Department as Fair Wages for Greater Mumbai payable to the different

categories of laborers as set out in the schedule annexed thereto (Annexure').

However, subject to the other provisions in the Conditions of Contract herein

and to provision of any other law for the time being in force in the country,

the minimum rates of wages for any person/persons below 18 years of age and

for disabled persons shall be 70% of the rates payable to adult workers of

the appropriate category.

(b) Contractor shall notwithstanding the provision of any contract to the

contrary cause to be paid a fair wages to the labourers directly engaged on the

work including any labour engaged by the sub-contractor in connection with the

said works as if the labourers had been immediately employed by him.

(c) DISPLAY OF NOTICES REGARDING WAGES, ETC.:

The contractor shall, before he commences his work of contract, display and

correctly maintain and continue to display and correctly maintain in a clean

and legible condition at conspicuous places on the work site notices in English

and in the local Indian language spoken by the majority of the workers stating

therein the rates of wages which have been fixed as fair wages and the hours

of work for which such wages are earned and send a copy of such notices to

the Engineer, Mumbai Port Trust.

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(d) WAGES BOOKS AND WAGE SLIPS :

The contractor shall maintain : Wage book of each worker in such form as may

be convenient but the same shall include the following particulars.

i) Rate of daily or monthly wages.

ii) Nature of work on which employed.

iii) Total No. of days worked during each wage period.

iv) Total amount payable for the work during each wage period.

v) All deductions made from the wages with all indications in each case of

the ground for which the deductions are made.

vi) Wages actually paid for each wage period.

A WAGE SLIP FOR EACH WORKER EMPLOYED ON THE WORK

SHALL BE PROVIDED

Provided that the Engineer may grant exemption from the maintenance of the

wage slip if in his opinion not more than 19 persons are likely to be

employed directly or indirectly on the work but in any case he will have to

maintain wage books as specified herein above.

(e) PRESERVATION OF BOOKS AND SLIPS

The wage books and the wage slips shall be preserved for a period of not less

than 12 months after the date of last entry made in it.

(f) INSPECTION OF BOOKS AND SLIPS :

The contractor shall allow inspection of the aforesaid wage books and wage

slips to any of his workers or to an agent at a convenient time and place after

due notice is received or to the Chief Mechanical Engineer, MbPT or any

other person authorised by him on his behalf.

(g) POWER OF THE ENGINEER TO MAKE INVESTIGATION AND

ENQUIRIES:

The Engineer shall have power to make enquiries with a view to ascertaining

and enforcement due and proper observance of the fair wages clause. He

shall also have the power to investigate into any complaint regarding any

default made by the contractor or sub-contractor in regard to such provision.

(h) The Engineer shall have the right to deduct from the money due to the

contractor any sum required or estimated to be required for making good

the loss suffered by a worker or workers for the reason of non-payment

of the aforesaid fair wages except on account of any deductions that may be

permissible under any law for the time being in force.

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(i) REPRESENTATION OF PARTIES:

1. A workman shall be entitled to be represented in any investigation or enquiry

under this clause by:

a) An Officer of registered Trade Unions of which he is a member.

b) Any Officer of a Federation of Trade Union to which the Trade Union

referred to in the previous sub-clause is affiliated.

c) Where the worker is not a member of any registered Trade Union, or of any

approved Trade Union by an Officer of a registered Trade Union connected

with the industry in which the worker is employed.

2. An employer shall be entitled to be represented in any investigation or enquiry

under these regulations by an officer of an Association of Employers' of which

he is a member.

3. No party shall be entitled to be represented by a legal practitioner in any

investigation or enquiry under these regulations.

70. REPORT OF ACCIDENT

The contractor shall, within 24 hours of the occurrence of any accident, at or near the

site or in connection with the execution of the work under the contract, report the

accident to the Engineer or his representative(s) and shall make every arrangement to

render all possible assistance to the victim(s) of such accident. The contractor shall

also report such accident to the competent authority whenever such a report is

required by law. For any accident occurred within the entire operational area covered

under the contract, the contractor shall ensure prompt investigation into the matter

through recording of statement of the personnel witnessing the accident. The report

containing the findings along with the statements so recorded will then be forwarded

by the contractor to the Engineer at the earliest. At the first instance, an ‘Accident

Report’ shall be prepared (in triplicate) by the concerned Supervisor / Engineer on

duty engaged by the Contractor and a copy of the same to be forwarded immediately

to the Engineer.

71. COMPLIANCE WITH LABOUR REGULATIONS

During continuance of the contract, the Contractor and his sub contractors shall abide

at all times by all existing labour enactment and rules made thereunder, regulations,

notifications and bye laws of the State or Central Government or local authority and

any other labour law (including rules) regulations, bye laws that may be passed or

notification that may be issued under any labour law in future either by the State or

Central Government or the local authority. The Contractor shall keep the Employer

indemnified in case any action is taken against the Employer by the competent

authority on account of contravention of any of the provisions of any Act or rules

made thereunder, regulations or notifications including amendments. 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 in the notifications/bye

laws/Acts/Rules/regulations including amendments, if any, on the part of the

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Contractor the Engineer shall have the right to deduct any money due to the

Contractor including his amount of performance guarantee. The Engineer or his

nominee shall also have right to recover from the Contractor any sum required or

estimated to be required for making good the loss or damage suffered by the

Employer.

The employees of the Contractor and the Sub-Contractor in no case shall be treated as

the employees of the Employer at any point of time.

72. APPLICABILITY OF LAWS ON THE CONTRACT

The contract shall be governed by all relevant Laws of India & the contractor shall

comply with them as amended from time to time as applicable only within the

jurisdiction of the Honourable Mumbai High Court, India. Some of the relevant Acts

under the Laws of India are given below:

i) The Indian Contract Act, 1872

ii) The Major Port Trust Act, 1963

iii) The Workmen’s Compensation Act, 1923

iv) The Minimum Wages Act, 1948

v) The Contract Labour (Regulation & Abolition) Act, 1970

vi) The Employees State Insurance Act 1948

vii) Dock Workers (Safety, Health & Welfare) Act, 1987

viii) The Indian Arbitration Act (1940) (in the case of definite

Arbitration Agreement only)

ix) Indian Arbitration and Conciliation Act, 1996

x) Indian Electricity Rules, 1956 with latest amendments

xi) Employment of Children Act, 1938

xii) Factories Act, 1948

xiii) Payment of Wages Act, 1936

xiv) Other Acts / Rules / Regulations which may be applicable to

the contract during execution of the same

******************

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SPECIAL CONDITIONS OF CONTRACT (SCC) The following Special Conditions of Contract (SCC) shall supplement and / or amend the

General Conditions of Contract (GCC). Whenever there is a conflict, the provisions

herein shall prevail over those in the GCC.

GCC Clause Amendment / Deletion / Addition to corresponding Clause of GCC

GCC 1.1 (a) Engineer In charge for this work:

1)Mr. V. V. Prabhu,

Dy. Chief Mechanical Engineer,

5th Floor, N.V. Nakhava Marg, Mazgaon,

Mumbai -4000 010, INDIA.

Phone:+ 91-22-6656 6504

E-Mail: vvprabhu @ mbptmail.com

Note: During or after commission of this project work, the Employer

may nominate any other officer(s) for execution and monitoring the

contract.

GCC 1.1 (j) The Project Site (s) is/are: MbPT’s Dock Area adjacent to Ferry

Wharf (Bhaucha Dhakka).

GCC

14.8.6

New clause

Add the following new clauses as under:

For notices, the Employer’s address shall be:

Attention : Chief Mechanical Engineer

Floor/Room number: 5th Floor

Street Address: N.V.Nakhawa Marg ,Mazagaon

City: Mumbai

Pin code: 400 010

Country: India

Telephone: +91-22-6656 6521/ 2377 4413

Fax No. + 91-22-2374 4277

E-Mail address: [email protected] / [email protected]

GCC 15 the Contractor shall furnish a Bar/Activity Chart within 15 days from

the award of contract indicating his important milestones and

timelines for the subject work after considering MbPT’s completion

period as indicated in 5 (iii) of NIT. As time is the essence of the

contract the Bidder is requested to strictly follow stipulated

completion period of 180 Calendar days from the date of Letter of

Acceptance.

mailto:[email protected]

mailto:[email protected]

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GCC Clause Amendment / Deletion / Addition to corresponding Clause of GCC

23.1 &

23.7

Payment shall be made as per following stages and as per payment

terms below:

90% payment will be made after installation & Commissioning of the

respective items as specified in the BOQ.

The balance 10 % payment will be made after commissioning and

handing over the entire installation to MbPT.

Payment as per above stages, as reduced by any deductibles and/or the

amount leviable towards taxes, duties, liquidated damages, if any,

may be payable through NEFT/RTGS normally within 30 days of

completion of each stage of work and against submission of required

documents in Triplicate.

The payment of AMC shall be made on Yearly basis after completion

of the respective year.

23.6 MbPT shall not make any advance payment.

26.1, 26.2 &

26.5

The phrase “contract price” shall be read as “ contract price excluding

the Annual maintenance Charges for four years”.

9 & 68 Add new clause as under:

The contractor is directed to employ only those casual/ contract labours

who have Temporary Identity Certificate / Permanent Biometric

Pehachan Card issued by ESIC. Copy of the card of each employee to

be submitted by the successful contractor , prior to starting to work.

9 & 68 Add new clause as under:

ii) In the event if all the workmen working under the contractor are

registered under ESIC scheme, then the contractor is not required to

obtain/ produce / submit the workmen compensation policy.

GCC 44.1 The guarantee period will be effective for a period of twelve (12)

months and it will be in force from the date of handing over of the

entire installation on fully working condition to MbPT and the

contractor shall be responsible for any defects that may develop

under proper use arising from faulty materials, designs,

workmanship in the work but not otherwise and shall at his own cost

remedy such defects when called upon to do so by the Engineer who

shall state in writing in what respect any portion is faulty.

GCC 67.10 In the event of the contractor is not having ESIC for his employees

engaging for the tender work, the contractor is required to obtain

Workmen’s Compensation Policy for the same.

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SECTION V

SCOPE OF WPRK,

SPECIFICATIONS, DRAWINGS

&

ANNEXURES

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SPECIFICATIONS & SCOPE OF WORK 1. GENERAL SPECIFICATIONS FOR ELECTRICAL WORKS : 1. GENERAL SPECIFICATIONS : 1.1 The specifications describe certain broad requirements to which the contractor shall work, but the fact remains that everything may not be fully specified and there may be errors and omissions in this specifications. This shall not release the contractor from his obligations to execute the work complete in all respects in accordance with prevailing healthy practice so that the entire installation can be put to commercial use without resorting to extra work and cost by this Port Trust. 1.2 Figured dimensions on drawing shall supersede measurements by scale and drawing to a larger scale shall take precedence over those of a smaller scale. Special dimensions or directions in the specifications shall supersede all else. Inch-pound equivalent of the metric dimensions have been shown wherever possible in the specifications for the guidance of the tenderers. Offers should conform to the main dimensions given in the metric system or its nearest equivalent inch-pound dimensions. The tenderers should explicitly state what his exact offer is. 1.3 The material used for the work shall be in accordance with the requirements stated in Bill of Quantities, Schedule of approved makes enclosed and shall be subject to the approval of the Engineer In Charge or his representative if necessary. 1.4 No extra cost for any item other than those called for in the BOQ will be admissible and as such the rates quoted shall be all inclusive. The tenderer may, however, quote for any other items as extras which are not specifically mentioned in the Bill of Quantities, but which in his opinion are necessary for the proper commissioning of the installation. 1.5 The work shall be carried out in strict accordance with these specifications, the Indian Electricity Act and Rules, and wherever applicable the Regulations of the Mumbai Fire Insurance Association. 1.6 All civil engineering works wherever required in connection with the installations and/or erection of all the items included in the present tender for satisfactory completion of the work and such other work not specifically brought out by the tenderer as required to be provided by this Port Trust shall be carried out by the contractor at his cost. Any defacing of the walls, flooring etc., inside the sub-station, buildings, sheds, switch-rooms, pump rooms, etc., shall be made good by the contractor at his cost on completion of the erection work wherever applicable. 1.7 The site of work locates adjacent to the Ferry Wharf (Bhaucha Dhakka). The following clause No. 2 and 3 are general Guidelines for execution of earthing and wires and cables and shall be followed wherever applicable. 2. EARTHING : 1) General : Each of metallic equipment viz. switches, conduits or pipes, distribution boards, cut-outs etc., are to be earthed by means of a separate and distinct earth wire (one wire for 230 Volts and two wires for 440 Volts) in accordance with the requirements of the Indian Electricity Act and Rules, the Regulations. 2) (A) Main Earth : The main earth shall be provided by using copper or G.I. plate to specific requirement as in 2(B) below. The earth leads shall be of copper or G.I. having appropriate cross sectional areas or as specified in the Bill of Quantities connected to the earth plate by means of suitable brass/G.I. bolt, nut and washers at two points as directed. Each earth lead shall be connected to the apparatus or switch gear at different points or as directed by means of

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lugs through tapping bolts or bolts, nuts and washers, all made of brass/G.I. The plates shall be vertically buried in the ground with its top not less than 1.5 meter from the ground level and at a convenient place clear off the building and underground services etc. 2) (B) Earthing wire/strip other than earth leads shall not be less than one half of the largest current carrying conductor feeding the circuit subject to minimum and maximum limits of 4 mm sq. and 81 mm sq. aluminum wire respectively and shall be to meet individual requirements other than minimum size wire. No separate charges will be admissible for using earth wires of minimum size i.e. 4 mm sq. to meet the statutory requirements, as detailed in Bill of Quantities. All connections to earth leads shall be finished by soldering/Crimping to instructions. Whenever earth connections in an installation are required to be looped the same shall be done by using crimp type ferrules or clamp type connector housed in the control board to instructions. Earth connections to the apparatus or switch gear shall be made through tapping bolts or bolts, nuts and washers all made of brass/G.I. For earth wires of 10 mm sq. and above, the ends shall be provided with crimp type lugs of appropriate rating. Whenever earthing arrangement is carried out outdoor, the exposed portion of earth leads shall be protected by means of appropriate size and length of G.I. pipe in order to make the leads theft proof. 2)(C) For individual cases of earthing, the following system shall be followed : i) For feeder pillars, disconnecting units, etc., earthing arrangements shall be provided by using 1 No. G.I. plate of size 600 x 600 x 12 mm (approx.) or as specified in the Bill of Quantities and as in 2 (A) above. ii) Electric motors and electric services up to 440 Volts, Principal switch chambers / boards same as (2) (A) but using 1 No. G.I. plate of size 600 x 600 x 6 mm (approx.) or specified in the Bill of Quantities. iii) For Electric pole lights and electric services of 230/250 Volts, G.I. pipe of 50 mm dia. and 1200 mm long shall be driven in the ground near the pole or at a convenient place clear off the building and from the top of the pipe, a connection by means of 8 S.W.G. (13 mm sq.) (approx.) G.I. wire or as specified in the Bill of Quantities shall be brought to the pole and control gears. The main connections shall be, by means of lugs through tapping bolt or bolts, nuts and washers, all made of brass/G.I. iv) Electrodes shall as far as practicable embedded below permanent moisture level. In case permanent moisture is not available moisture shall be created by using charcoal and salt surround the electrode. (v) The earthing clips shall be prepared out of brass or copper strip of approved design and size for fastening to conduits, glands, etc. in a workman like manner for a perfect Continuity between earth wire and conduit suitable for the purpose having Bolts, nuts and washers, all made of G.I./brass.

vi) Cable Crossing the Railway Track : The armouring of the cable other than PVC/XLPE-A-PVC sheathed cable shall be effectively earthed on either side of the tracks by means of independent G.I. plate of size 600 x 600 x 6 mm (approx.) and earth leads of size as specified G.I. Clips prepared from 25 x 3 mm (approx.) G.I. Strip shall be used for clamping, armouring which shall be finally finished by soldering. viii) Rising Earth Main :

The earthing arrangement for switch boards other than main switch boards shall be carried out by using one number aluminum conductor of size or as specified in Bill of Quantities from the main switch Boards on the ground floor to the respective switch boards on the upper floors all along the rising mains. The conductor shall be in one length as far as possible and the joints shall not be carried out without specific approval. The two ends to be joined shall be cleaned and immediately covered with an oxide/corrosion inhibiting grease and then joined

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together by using 4 Nos. rivets to make the joint electrically and mechanically strong. The conductor shall be fixed on the supporting Clamps/spacers or battens. Each wing on a floor shall be served by a separate earthing wire tapped from the rising earth main. Crimp type copper sweating sockets of a appropriate size and bolts, nuts and washers all made of brass shall be used for this purpose. A) Plate type Earthing (With or Without CI Cover, Funnel, etc.).

Scope: Supplying and erecting galvanized cast iron / copper earth plate type / G.I. pipe type earthing with / without C.I. cover as per instructions from the site engineer.

Material: Earth Plate: Galvanized cast iron / Copper earth plate or G.I. pipe as per requirement and specified in BOQ. Earthing Conductor: Copper/G.I strip/Annealed bare copper wire/G.l. earth wire of appropriate size as per requirement and specified in BOQ. GI Pipe: As per specification for watering, and as enclosure for Earth wire, as per requirement and specified in BOQ. Hardware: Screw / nut bolts with required washer of dimensions, Rawl plug / clip/ ‘U’ nails and material as per requirement and specified in BOQ. Filling material: Coal /Charcoal/ salt as per requirement and specified in BOQ. Lugs Copper/ Aluminum lugs as per requirement and specified in BOQ.

Method of construction: Pit is to be dug of required dimension and depth for the earthing at site, and laying of Galvanised cast iron / Copper earth plate or G.I. pipe shall be as specified in BOQ and to the instructions. The earth connection to equipment/ switch gear and earthing electrode shall be connected as per IS 3043 amended up to-date. The connections shall be made either by strip or double run of earth wire with drilling, welding, riveting, brazing and nut bolting to plate or pipe, where ever required in an approved manner. As far as possible continuous strip shall be used, with nut bolts/ riveting of adequate size with required washer and covered by anti-corrosive paint as per approved jointing practice and as per directives from site engineer in charge.

Pit shall then be filled with screened soil with alternate layer of coal and salt, and if, necessary brick masonry work ( Where ever applicable) shall be done as specified in IS: 3043, with laying wires in PVC/ G.I. pipe and watering arrangement and covered with C.I. Cover ( Where ever applicable). Where ever requires or as specified by Site Engineer, a Test link shall be provided for facilitating the testing of resistance of earth electrode.

Testing:

The earth electrode shall be tested by earth tester in presence of site Engineer and the records to be submitted.

Mode of Measurement: Executed quantity will be measured on number basis (i.e. each)

B) Low Impedance Earthing (Pipe type earthing)

Scope:

Supplying and erecting approved type earthing system with Pipe type earthing with necessary ancillary materials and complete erection as per instructions from the site engineer.

Material:

GI Pipe: 1. 50 mm dia x 3 m / 1.5 m long approx. or as per requirement and to the instructions. (In place of traditional GI pipe Earthing), for LV / MV applications.

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Or 2. 80 mm x 3 mt. approx. or as per requirement and to the instructions. (In place of traditional copper plate Earthing), for HV/EHV applications.

Earthing Conductor: G.I strip/GI earth wire of appropriate size or as specified in BOQ. GI Pipe: for watering and as enclosure for Earth wire, of appropriate size and as per instructions from the site engineer.

Hardware: Screw / nut bolts with required washer of dimensions, Raw plug / clip/ ‘U’ Nails and material of appropriate size and as per instructions from the site engineer. Filling material: Coal /Charcoal/ salt as per requirement and as per instructions from the site engineer. Lugs: for Copper/ Aluminum lugs and as per requirement and as per instructions from the site engineer..

Method of construction:

Earthing Pipe with ancillary materials shall be done by digging appropriate size and deep sufficient to install the electrode in normal soil conditions. The space between the soil and the electrode is filled up with electrolyte material mixed with the dugout mother soil, along with water and tightly packed up to the base of the terminal. In rocky areas and under hard soil and sandy soil conditions the method of installation will be as per instructions by the site Engineer. Installation shall include drilling, welding, reverting, brazing and nut bolting pipe when ever required in an approved manner with required material such as nut bolts and washer etc. and with necessary brick masonry work as per the specification. (As per IS 3043 amended up to-date). As far as possible continuous GI strip shall be used with required washer and covered by anti corrosive paint and as per directives from site engineer in-charge.

Testing: The earth electrode shall be tested by earth tester in presence of site Engineer and

the records to be submitted. Mode of Measurement: Executed quantity will be measured on number basis. 3. WIRES AND CABLES : (A) Rubber insulated and vulcanized India Rubber insulated wires These shall be of the grade, type and size as specified and appropriate for the work. The wires shall be in the strict accordance with IS:434 and its latest amendment and bearing I.S.I. mark. The supply of wires shall be of the latest manufacture of consignment in complete length. However, wires in short lengths can be supplied in exceptional cases with prior approval. (B) PVC insulated wires and PVC insulated PVC sheathed wires : i) These shall be of the grade, type and size as specified in BOQ and appropriate for the work. ii) The PVC insulated wires shall be in strict accordance with IS:694 and its latest amendment and bearing I.S.I. mark. The supply of the wires shall be of the latest manufacture or consignment in complete coils and not in short lengths. However, wires in short lengths can be supplied in exceptional cases with prior approval. iii) All flexible wires shall be PVC insulated and PVC sheathed, copper conductors, bearing an I.S.I. mark.

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(C) PVC/XLPE-A-PVC heavy duty cables : i) The cables shall be with PVC or cross-linked Polyethylene insulation and sheathing of thermoplastic material with PVC as base with galvanised steel wire/strip armouring and of approved indigenous manufacture with I.S.I. mark.

ii) The fixing of PVC armoured cables shall be done in an approved manner.

iii) Armouring of PVC armoured cables shall be effectively earthed at the termination points by using cable termination gland and connecting it to the nearest earth point.

iv) Tail ends shall be taped with PVC adhesive tape by an appropriate colour. (D) Cable laying :

i) a) Cable supply by contractor :

The cable shall be in standard drum lengths and straight joint shall be avoided as far as possible. In case the same cannot be avoided, the contractor shall supply the requisite number of straight joints complete with jointing materials and accessories and shall carry out the jointing work. The rate of laying the cables shall be inclusive of cost of straight joints and jointing materials as well as terminal joints excluding the cost of terminal box or gland. b) The rate of the underground cable is called for on meter run basis and shall include the cost of excavation of the cable trench, laying cables, placing whole bricks or RCC tile (for HV cable only) all along the cable and filling up the trenches to the ground level to the satisfaction of the Engineer Incharge or his representative. The unit rate shall include the charges for trial pits at strategic points to ascertain the exact location of services of this Port Trust as well as Public Utility Bodies viz., Tatas, B.E.S.T., Telephones, M.C.G.M., Mumbai Gas Co., etc., and supply of cable indicators. The part of the cable above ground level shall be protected by means of providing G.I. pipes of appropriate size and the cost for the same shall include this. Only approximate lengths are included in the Bill of Quantities, but the actual lengths of cable laid will be measured and paid for. ii) The cable shall be laid as under :

a) Depth of cable trench from the ground level shall be 900 mm (approx.) for L.T. Cables and 1200 mm for H.T. (approx.) Cables.

b) The bottom of the trench shall be properly levelled and care shall be taken to remove all hard materials which may endanger the life of the cable. Before laying the cable, the trench shall be covered by soft screened earth to a height of 100 mm (approx.) and should be approved by the Engineer In charge or his representative. In case soft screened earth is not available, sand (free from hard materials) shall be used for this purpose and the rate shall be all inclusive.

c) Cable shall be laid in trenches in straight runs without any kinks and as far as possible without bends.

d) Cables thus laid shall be covered with soft screened earth or sand to a height of about 150 mm (approx.)

e) Whole red bricks for L.V. cable or cement tiles bearing words M.B.P.T. cast on top for HV cable only unbroken ones, shall be placed over the screened earth or sand, all along the length of the cable. The bricks shall be so laid that the cable lies approximately below the centre of the brick. The brick shall be laid across the run of the cable.

f) If the new cables have to cross the existing cables, they shall be laid under them at a

sufficient depth as required in sub-clause (j)

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g) If the new cables are run parallel and very close to the existing cables, the existing

cables shall be included in the new trench, keeping the distances as in sub-clause (h).

h) Where more than one cable is laid in the same trench, there shall be space of 200 mm

(approx.) between the two cables.

i) Wherever the cables cross a roadway or through culvert they shall be laid in R.C.C. pipe

and pipe ends shall be brick lined and plaster finished after the cables are passed through.

j) Where the cables are laid in trenches, the heavier cables must be laid below the lighter

ones normally at vertical spacing of 200 mm (approx.). This can be varied due to site conditions subject to approval of Engineer In charge or his representative. This space being filled and packed with soft screened earth or sand. The cable shall be laid as directed.

The contractor/s shall make every effort to back fill the excavated portion within shortest

possible period, so that the disruption and inconvenience to the traffic is minimized.

The entire work of excavating trenches, laying RCC pipes, cables and refilling the

trenches after the cables have been laid shall be in accordance with and comply with modern practice of cable laying. All the materials viz. bricks, soft earth, metal sand, cement etc. shall be supplied by the contractor. Surplus earth from cable trenches/ foundation pit shall be removed from site. The surplus earth and debris removed from the site will be the property of contractors who should arrange to remove and transport them away from the Port Trust Estate. If any surplus earth/ debris is found dumped within the MbPT Estate, a fine of Rs.5,000/- per lorry load shall be recovered from the contractors. No extra cost will be paid to the contractors for this purpose. The cost of removing surplus earth/ debris is deemed to have been included in the respective cable/foundation items.

In respect of the footpaths paved with slabs/set stones, the trenches shall be back filled and the slabs/set stones put back on the surface without jointing so as to be made usable by the public.

In case of trenches with lengths exceeding 15 meters, portion of trench shall be back filled in short trenches as and when the work is completed during the progress of the work.

During the progress of work of cable trenches, pole pits, feeder pillar foundations, etc., the contractors shall provide temporary barricades for the protection and convenience of the work and the public and provide necessary lights at night and keep sufficient watchman.

During the progress of any excavation work, the contractor should put up a work display board at site of the works at a suitable location easily visible from nearby road, in accordance with the particulars given in the drawing No. SK 263/A. iii) Cable and Wire Terminations : a) For termination of cables, wires of size 10 mm sq. and above suitable cable sockets of appropriate size and capacity shall be provided at terminating ends. Generally reducer/spade type sockets shall be used where grub screws/clamps type fixing arrangement is available at the terminating end. b) The cable socket shall generally be fixed to the cable cores, by crimping process. However, soldering will be permitted in exceptional cases. c) Irrespective of the size of the cable and the method of termination, the core end shall be cleaned.

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d) The tail end wires shall be taped in an appropriate colour by using PVC insulating tape to the instructions. iv) Cable crossing a Railway Track : The cables shall be as far as possible run parallel to the Railway Track and at a distance of 2400 mm (approx.) from the centre of the track and shall cross the track at right angle only, when the track crossing cannot be avoided. While crossing the railway track the following requirements pertaining thereto shall be complied with. These requirements briefly are as follows:

a) The cable shall be laid under railway track through suitable R.C.C. Pipes or through a culvert in such a manner that it can be laid withdrawn and maintained, without interference, without excavating under the tracks. The pipe ends shall be brick-lined and plaster finished properly after the cables are passed through. b) The depth of the cable trench below rails at any point shall not be less than 1200 mm. c) In case the cable route within the railway area extends more than 100 meters cable indicators with suitable inscription shall be provided at suitable points not more than 100 meters apart. Also the cable indicators are to be provided on either side of the railway crossing and bends to instructions. d) Only armoured cables shall be used and cable armouring shall be effectively earthed at either side of the track. e) In case metallic pipes are used under railway tracks for drawing the cable, these pipes shall also be effectively earthed on either side of the track. The points of earth connection shall be left open for final inspection before the cable is energized. These points may be covered only after final inspection. The work of excavation across the Mumbai Port Trust Indira docks area shall be carried out by the contractor. The cable trench shall be back filled after the pipes are laid under the railway tracks to instructions so that minimum amount of consolidation of the tracks is required to be carried out by this Port Trust. During excavation work, excavated loose earth shall be properly placed so as not to cause interference with the rail traffic.

4. 140 KVA DIESEL GENERATOR SET (AS PER CPCB-II NORMS) TECHNICAL

SPECIFICATIONS.

SR.NO. TECHNICAL PARTICULARS FOR DIESEL ENGINES

1 Prime Power Rating kVA / kW

140 kVA /112 kW

2 Current (Amps) 195 A

3 No. of Phases 3 PHASE

4 Power Factor 0.8 (LAG)

5 No. of Cylinders Multi Cylinder

6 RPM 1500

7 Governor ELECTRONIC

SR.NO. TECHNICAL PARTICULARS FOR ALTERNATOR

1 Voltage 415 V

2 RPM / Frequency 1500 / 50 Hz

3 Enclosure IP 23

5 Class of Installation H Class

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DIESEL ENGINE:

General: Diesel Engine shall be of heavy duty robust construction, suitable for both intermittent and continuous duty.

Diesel Engine of suitable BHP, turbo charged, radiator cooled 4 stroke multi cylinders vertical in line, suitable for cold weather starting, heavy duty industrial design continuous rating, low noise, suitable for generating set application, coupled to alternator and complete with the accessories as specified mounted on a common base frame, suitable for erection on AVMs.

All parts subjected to substantial temperature variations shall be designed & supported to permit free expansion and contraction without resulting in leakage, excess of clearance, harmful distortion or misalignment.

Vibration, noise, mechanical, thermal stresses & exhaust gas conditions shall be not exceeding the permissible or acceptable limits of the guiding relevant standards / codes.

THE DIESEL ENGINE SHALL BE PROVIDED WITH THE FOLLOWING:-

Electronic governor with all accessories suitable for parallel operation.

Suitable Lubricating system shall be provided as per Manufacturer’s standard.

Fuel injection system shall be as per Manufacturer’s standard.

Starting system consisting of appropriate rating of battery and cutout.

The engine shall be suitable for Prime power application and should be capable to run on 10% Over-load for one hour duration in every 12 hours continuous running at full load.

Suitable Cooling radiator system with temperature safety trip and thermostat to keep the Temperature of the engine at all loads as per Manufacturer’s standards.

Air cleaner dry type/oil bath filter with suction pipe.

Exhaust silencer shall be industrial/residential type.

Sensors for safety alarm and trips like over temperature of water, low lube oil pressure, over speed etc.

Suitable ‘stop’ device to stop the engine in case of any of the controlled variables exceed the upper or lower limit (temperature of cooling water and lubricant oil and pressures of lubricant oil).

Fuel tank with air breather, drain plug with capacity for 8 hours of continuous running at full load.

INSTRUMENT PANEL CONSISTING OF THE FOLLOWING:

A microprocessor based Power Command Control Panel shall be provided to enable the operator to determine the DG Set status and allows access to the real time data for the unit.

FOLLOWING FUNCTIONS SHALL BE PUT AT THE OPERATOR’S DISPOSAL FOR THE DG SET WORKING:

Circuit breaker position and indication and manual control

Alpha-Numeric display with push button access for viewing engine and alternator data and providing set up

Auto / Manual / Run / Stop mode selection

Menu Selection Switch’ to select menu-driven control and motoring information.

One mushroom push button for emergency stop .

THE FOLLOWING PROTECTIONS ARE IN-BUILT:

High / Low AC voltage shut down

Under Frequency shut down

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Over current warning / shut down

Overload warning / shutdown

Loss of Excitation shut down

Reverse power

Short circuit

ALTERNATOR:

The Alternator shall be of Rated 140 KVA output at 0.8 power factor and suitable for 3 phase, 4 wire, 415 volts, 50 HZ system continuously rated confirming to latest IS .

The Alternator shall be of brushless type self excited; self regulated, provided with auto voltage regulator and fitted with static excitation unit. The frequency shall not differ by more than 4 % of the rated value.

The Alternator shall be self cooled fully tropicalised, screen protected, drip proof construction with insulation class ‘H’.

Auto voltage Regulator – AVR shall be suitable for independent running and parallel operation with identical D.G. Set.

Anti-Condensation / space heater of 240V, 1Ph, 50Hz shall be provided with thermostat control Switch.

GOVERNOR:

Electronic governor shall be provided for automatic load controls.

MOUNTING:

Common Base Frame: The engine and alternator shall be coupled with flexible coupling aligned as per Manufacturer’s standard. Two separate earthing studs shall be provided for earthing the set.

Mounting: The set shall be mounted on anti-vibration mounts/pads.

EXHAUST SYSTEM:

Exhaust gas from the turbo charger shall be let out through exhaust gas silencer.

The exhaust gas silencer, Necessary pipes etc., shall be provided by the bidder. Exhaust piping shall be suitably Cladded with Aluminum sheets, mineral/glass wool etc. The silencer should be of Industrial/ residential type.

The exhaust line with suitable bends, collars, flanges, angle supports and other accessories should be provided. Provide necessary arrangements to avoid entry of rain water, falling dust etc. at the top of the exhaust pipe.

The height and size of the exhaust shall be fixed considering the emission of gases and the environmental law of Government of India and the local authorities.

The noise level and gas emission temperature and volume shall be as per relevant standards.

SAFETY INDICATION SYATEM

Lube oil temperature gauge.

Water temperature gauge.

Safety control for engine shut off (Trip with visual indication) for low lube oil pressure.

Safety control for engine shut off (Trip with visual indication) for high water temperature.

Safety control (Trip with visual indication) for low fuel level.

Electrically operated fuel solenoid- Emergency stop.

D.C. Ammeter and voltmeter to indicate status of battery and battery charger.

Engine over speed (Trip with visual indication).

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ACOUSTIC AND WEATHER PROOF ENCLOSURE:

Design, fabricate, supply and install outdoor type acoustic and weather proof enclosure for the healthy operation of 140 KVA D.G. set at site. Provide sufficient working clearance around the D.G. set inside the enclosure.

Special acoustic panels of optimum sound attenuation shall be provided as per Manufacturer’s standard.

Self insulated ventilation louvers for proper air aspiration and temperature control with suitable incorporation of special blower / axial fans of heavy duty depending on the on-site fresh air needs.

Well fabricated smooth doors to be provided for easy access to the set. Suitable locking arrangement has to be provided on the doors.

Noise level should be shall be as per latest standards & CPCB Norms-II for distance from the enclosure.

Acoustic and weather proof enclosure system should be complete in all respect as per prevailing standards.

Adequate and suitable lighting arrangement inside the acoustic enclosure shall be made.

TESTS

Supplier shall perform all standard tests (Shop tests) routine and type test on Engine and alternator and the test reports pertaining to the engine and alternator should be submitted.

COMMISSIONING

Supplier shall perform the following tests at site,

Testing the set in Auto / Manual / Test modes.

Testing for all Interlocks

Full load test on the set for four hours (max) with required fuel & all necessary arrangements.

AMF CONTROL PANEL

The AMF cum Auto change over Panel Suitable for Synchronization in next phase shall be designed, fabrication and equipped with accessories in accordance with this specification and the applicable codes, standards. Materials and components not specifically stated in this specification but which are necessary for satisfactory and trouble free operation and maintenance of the panel shall be supplied.

5. SPECIFICATION FOR HIGHMAST AND LIGHTING :

Design Criteria:

The mast shall be designed in such a manner so that it is capable of withstanding the external forces exerted on it by wind speed as specified in I.S. 875 (Part III) 1987 with an adequate load

factor. Mast designs, calculations of stress and deflections from a computer-aided program shall be submitted by the successful tenderer if required.

APPLICABLE STANDARDS:

The following shall be the Reference Standards ( wherever applicable) for the loading of the High mast.

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Code No. Title

a) I.S.875 (Part III) 1987. Code and practice for design loads for Structures

b) BS-EN-10-025, S355 High tensile steel plates.

c) BS. 5135/AWS Welding.

d) BS.ISO 1461. Hot dip Galvanizing.

e) TR.No.7 1996 of ILE, UK. Specifications for Masts and foundations

HIGHMAST : 5.1 STRUCTURE :

The High mast shall be of continuously tapered, polygonal cross section, presenting a good and pleasing appearance and shall be based on proven In-Tension design conforming to the standards referred to above, to give an assured performance, and reliable service. The structure shall be suitable for wind loading as per IS 875 part III 1987.

5.2 CONSTRUCTION:

The mast shall be fabricated from steel plates, cut and folded to form a polygonal section as stated at 5.1 above and shall be telescopically jointed and welded. The procedural weld geometry and the workmanship shall be exhaustively tested on the completed welds, by the manufactures .

The mast shall be delivered in sections of suitable size at site. Each section shall be fabricated

out of individual plates duly folded and welded. There shall be only one longitudinal seam weld

per section. Sections fabricated out of multiple plates or with more than one weld shall not be

accepted. At site the sections shall be joined together by slip-stressed-fit method. No site

welding or bolted joint shall be done on the mast. The minimum over lap distance shall be 1.5

times the diameter at penetration. The dimensions of the mast shall be decided based on proper

design and design calculations shall be submitted for verification. The mast shall be provided

with fully penetrated flange, which shall be free from any lamination or incursion. The welded

connection of the base flange shall be fully developed to the strength of the entire section. The

base flange shall be provided with supplementary gussets between the bolt holes to ensure

elimination of helical stress concentration. For the environmental protection of the mast, the

entire fabricated mast shall be hot dip galvanized, internally and externally, having a uniform

thickness as proven design. The galvanizing has to be done by single dipping method only for

better adhesion and life. The High Mast manufacturer should have carried out the wind tunnel

test on sample model of High Mast for deriving force coefficients (as per TR – 7) and relevant

test reports to be submitted before commencement of work by the successful bidder.

5.2.1 Door Opening: An adequate door opening shall be provided at the base of the mast and the opening shall be such that it permits clear access to equipment like winch, cables, plug and socket, etc. and also facilitate easy removal of the winch. The door opening shall be complete with a close fitting, vandal resistant, weatherproof door, provided with a heavy duty double internal lock with special paddle key.

The door opening shall be carefully designed and reinforced with welded steel section, so that the mast section at the base shall be unaffected and undue buckling of the cut portion is prevented. Size of door opening shall be of suitable size to avoid buckling of the mast section under heavy wind conditions.

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5.2.2 FOUNDATION FOR THE HIGH MAST :

5.2.2.1 The foundation to be constructed by the contractor using appropriate grade of cement concrete with reinforcement of suitable size and design of the same shall be as per the drawing to be got approved by the Civil Engineering Department, MbPT / Consultant. For designing the foundation, the safe soil bearing capacity at site may be considered as 5T/sq. m and the type of foundation may be open raft shallow with suitable footing from finished ground level. The design criteria are as under:

I. Design of Superstructure / mast shall be the responsibility of the supplier / manufacture

II. The PCC 1:2:4 should be minimum 150mm thick III. Rubble packing below PCC should be 300mm thick IV. Grade of concrete for foundation (pedestal & raft ) should be appropriate grade.

5.2.2.2. Sample foundation blocks are required to be tested for the quality and strength of the RCC by the reputed Govt. Engg. College’s lab and test results to be submitted for approval & record. The contractor has to submit the detailed drawings along with design calculations suitable for the site, considering the soil condition and structure of High Mast for approval from Civil Engineering Department, Mb.P.T / Consultant. The cost quoted shall be inclusive of charges for testing the blocks. The cement and reinforcement steel to be used shall be of superior quality of reputed make brand steel and brand cement.

5.3 DYNAMIC LOADING FOR THE MAST:

The mast structure shall be suitable to sustain an assumed maximum reaction arising from a wind speed as per IS 875 (three second gust). The design life of the mast shall be minimum of 25 years wind exited oscillations shall be dampened by the method of construction and adequate allowance shall be made for the related stress . 5.4 LANTERN CARRIAGE:

5.4.1 Fabrication: A fabricated Lantern Carriage shall be provided for fixing and holding the flood light fittings and control gear boxes. The Lantern Carriage shall be of proper design with steel tube construction, the tubes acting as conduits for wires, with holes fully protected by grommets. The Lantern Carriage shall be so designed and fabricated to hold the required number of flood light fittings and the control gear boxes, and also have a perfect self balance. The Lantern Carriage shall be fabricated to enable easy installation or removal from the erected mast. The inner side of the carriage shall be provided with protective lining (PVC, rubber etc.) arrangement, to prevent damage to the surface of the mast during the raising and lowering operation of the carriage. The entire Lantern Carriage shall be hot dip galvanised after fabrication. 5.4.2 Junction Box: The Water-proof hot Moulded FRP / Polycarbonate Boxes (IP-65 grade) shall be provided in the base compartment of the highmast with terminals for termination of incoming power cable. TPN MCB unit of suitable current rating / capacity shall be provided for connecting high mast cable to the incoming power cable. A plug and socket arrangement for connecting the mast flexible cable and (IP65 degree) may be provided, if necessary and 1 No. TPN MCB unit, of adequate current rating / capacity shall be provided for winch’s motor. 5.5 RAISING AND LOWERING MECHANISM: For the installation and maintenance of the luminaires and lamps, it will be necessary to lower

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and raise the Lantern Carriage Assembly. To enable this, a suitable Winch (power tool) Arrangement shall be provided, with the winch fixed at the base of the mast and the specially designed head frame assembly at the top. 5.5.1 Winch:

The winch shall be of completely self sustaining type, without the need for brake shoe, springs or clutches. Each driving spindle of the winch shall be positively locked when not in use, by gravity activated PAWLS. Individual drum also should be operated for fine adjustment of lantern carriage. The capacity, operating speed, safe working load, recommended lubrication and serial number of the winch shall be clearly marked on each winch.

The gear ratio of the winch shall be according to the manufacture standard. However, the minimum working load shall not be less than the total weight of the lantern carriage along with the No. of lighting luminaries mention in the Bill of Quantities (BOQ) (Vol-II). The winch shall be self-lubricating type by means of an oil bath and the oil shall be readily available grades of reputed producers. The winch drums shall be grooved to ensure perfect seat for stable and tidy rope lay, with no chances of rope slippage. The rope termination in the winch shall be such that distortion or twisting is eliminated and at least 5 to 6 turns of rope remains on the drum even when the lantern carriage is fully lowered and rested on the rest pads. It should be possible to operate the winch manually by a suitable handle and by an integral power tool. Operation of the winch with manual handle shall be independent of the power tool. Individual drum operation of the winch shall be possible. A winch gear box for simultaneous and reversible operation of the winch shall be provided as part of the contract.

A test certificate shall be furnished by the Contractor from the original equipment

manufacturer, for each winch in support of the maximum load operated by the winch.

5.5.2 Head Frame:

The head frame, which is to be designed as a capping unit of the mast, shall be of welded steel construction, galvanised both internally and externally after assembly. The top pulley shall be of appropriate diameter, large enough to accommodate the stainless steel wire ropes and the multi-core electric cable. The pulley block shall be made of non-corrodable material, and shall be of die cast Aluminium Alloy (LM-6 or equivalent). Pulley made of synthetic materials such as Plastic or PVC are not acceptable. Self -lubricating bearings and stainless steel shaft shall be provided to facilitate smooth and maintenance free operation for a long period. The pulley assembly shall be fully protected by a canopy galvanised internally and externally.

Close fittings guides and sleeves shall be provided to ensure that the ropes and cables do

not dislodge from their respective positions in the grooves. The head frame shall be

provided with guides 'and stops buffer for docking the lantern carriage.

5.6 STAINLESS STEEL WIRE ROPES:

The suspension system shall essentially be without any intermediate joint and shall consist of only non-corrodible stainless steel of AISI/SAE 316 or Equivalent.

The stainless steel wire ropes shall be suitable construction, the central core being of the same

material. The breaking load and factor of safety shall conform to TR-7. The end constructions of

ropes to the winch drum shall be fitted with talurit.

The thimbles shall be secured on ropes by compression splices. Two continuous lengths of

stainless steel wire ropes shall be used in the system and no intermediate joints are acceptable in

view of the required safety. No intermediate joints / terminations, either bolted or else, shall be

provided on the wire ropes between winch and lantern carriage.

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5.7 ELECTRICAL SYSTEM, CABLE AND CABLE CONNECTIONS:

A suitable terminal junction box shall be provided as part of the contract at the base compartment of the high mast for terminating the incoming cable. The electrical connections from the bottom to the top shall be made by special trailing cable. The cable shall be EPR insulated and PVC sheathed to get flexibility and endurance and cable shall be of Approved make. At the top there shall be weather proof junction box to terminate the, trailing cable. Connections from the top junction box to the individual control gear box and luminaires shall be made by using suitable size flexible PVC cables of reputed make. The system shall have in-built facilities for testing the luminaries while in lowered position.

Also, suitable provision shall be made at the base compartment of the mast to facilitate the

operation of internally mounted, electrically operated power tool for raising and lowering of the

lantern carriage assembly. The trailing cables of the lantern carriage rings may be terminated in

the specially designed, metal clad, multi pin plug and socket if provided in the base

compartment to enable easy disconnection when required or to be terminated directly in the

MCB unit.

5.8 POWER TOOL FOR THE WINCH :

A suitable, high-powered, electric motor driven, internally mounted power tool, with manual over ride shall be supplied for the raising and lowering of the lantern carriage for maintenance purposes. The speed of the power tool shall be to suit the system. The power tool shall be single speed, provided with electric induction motor of the required rating.

The power tool shall be supplied complete with suitable control arrangement so that the operation of the mast can be done at safe distance. The capacity and speed of the electric motor used in the power tool shall be suitable for the lifting of the design load installed on the lantern carriage.

The power tool mounting shall be so designed that it shall be not only self supporting but also aligns the power tool perfectly with respect to the winch spindle during the operations. Also, a handle for the manual operation of the winches in case of problems with the electrically operated tool, shall be provided. There shall be a separate torque-limiting device to protect the wire ropes from over stretching. It shall be mechanical with suitable load adjusting device. The torque limiter shall trip the motor when it exceeds the adjusted limits. There shall be suitable provision for warning the operator once the load is tripped off. The torque limiter is a requirement as per the relevant standards in view of the overall safety of the system. Each mast shall have its own power tool motor with an arrangement to change direction of rotation. 5.9 LIGHTNING FINIAL: One number heavy duty hot dip galvanised lightning finial shall be provided for each mast. The lightning finial shall be of suitable length and shall be provided at the centre of the head frame. It shall be bolted solidly to the head frame to get a direct conducting path to the earth through the mast. The lightning finial shall not be provided on the lantern carriage under any circumstances in view of safety of the system.

5.10 AVIATION OBSTRUCTION LIGHTS:

Suitable Aviation Obstruction Light of reliable design and reputed manufacturers shall be provided on top of each mast. 5.11 EARTHING TERMINALS:

Suitable earth terminals using appropriate size stainless steel / G.I. bolts shall be provided at a convenient locations on the base of High Mast, for lightning and electrical earthing of the Mast.

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5.12 CONTROL PANEL (For each High mast): Each mast shall be provided with a control panel fabricated out of 12 SWG CRCA sheet and finished with two coats of epoxy primer and gray epoxy paint. The control panel shall comprise of incoming TPN switch fuse unit, power contactors, timer, TPN MCB units, KWH meter, etc. for operation of Flood lights and winch motor complete with interconnecting wiring using appropriate size and grade PVC copper conductor wires, etc. to switch ON the luminaires at a preset time. Control panel shall be mounted on suitable foundation near to the mast.

5.13 LUMINAIRES: All luminaires shall be of standard industrial type LED flood light fitting of 150 W luminaires, with PF>=0.95, class IP 65 & above, housing of pressure die cast aluminum alloy and heat sink aluminum cold forging. The diffuser should be Polycarbonate with integrated LED driver. The LED Luminaire efficacy shall be not less than 100 lm/Watts, CRI > 70. The Driver shall have protection against Lightning, over voltage and shot circuit and surge protection of 5 Kv. The luminaries shall conform to LM-79.The LED shall be certified by any NABL accredited laboratory for luminaire and driver. All electrical accessories use in fitting such as energy efficient multiple driver, etc. are pre-wired upto a terminal block. Lighting fixture shall be waterproof, dustproof and suitable for highly corrosive atmosphere. The LED fittings shall have Guarantee of 3 years for satisfactory operation. 5.14 INCOMING POWER CABLES: The contractor shall arrange to supply and install incoming electric power supply cable for each high mast as well as cable for winch’s motor. The 4C XLPE/ PVC-A-PVC cables of appropriate size, copper conductor, 1100 volts grade for High mast lighting and for motor supply shall be laid from Main supply Panel to High mast control panel and from High mast control panel to the junction box to be provided at the base compartment of the high mast. The cost of the item/work is deemed to be included in the overall cost of the high mast.

6. POINT WIRING : 6.1 The wiring shall be of the looping in system as different from the tree system. Connectors should not be used without specific prior approval. Looping in on the phase side shall be at the switches and that on the neutral side at the ceiling roses/connectors. Every light point, fan point and plug point shall have individual control switch unless stated or otherwise. Earthing shall be provided for all the points according to the statutory requirements wherever necessary. The number of points per circuit shall not exceed 10 in any case and the connected load shall not exceed 800 Watts. 6.2 POINT WIRING IN PVC CSAING AND CAPPING WIRING SYSTEM:- 6.2.1 The point wiring in channel consists of wiring from the branch distribution board in

channel with its ancillary work, such as internal, external bends, junction boxes, etc. including switches, ceiling roses, connectors, wall sockets and PVC wires upto the fixed terminals of ceiling roses, connectors, batten holders, etc. depending upon the type of point.

6.2.2 For easy identification, wires with different colour shall be used for phase, neutral and

earth as far as practicable. 6.2.3 The control switches for lights, fans, wall sockets and regulators for fans etc. shall suitably

be grouped on wooden board with sunmica top or as specified in the Bill of Quantities and notes. Control accessories for one circuit only shall be grouped on a control board. Not more than 2 ceiling fan regulators shall be mounted on a control board.

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7. WIRING BY PVC CONDUIT SYSTEM Wiring shall be carried out by using single core PVC wire of specified grade and size

drawn in the PVC conduit. 7.1 Conduit :

The conduit shall be rigid PVC conduit. The size of the conduit shall be in accordance with the requirement. 7.2 Conduit Accessories :

The conduit accessories shall be of PVC moulded rigid type suitable for clean & tight fittings. The cover of accessories for outdoor use shall be made of water tight in approved manner. 7.3 Fixing Of Conduit :

The PVC conduit shall be fixed on the wall by means of PVC spacers of approved design. The minimum size of spacers shall be 15 mm wide; 4mm thick (approx.) PVC saddle with galvanised machine screws shall be used for fixing the conduit on the spacers. The spacing of the spacers in the straight runs shall not exceed 300 mm and additional spacers shall be provided near bends, curves near junction boxes. 7.4 Where the conduits passes through the flooring the same shall be passed through a galvanised pipe of suitable size fixed in the flooring. The galvanised pipes shall extend 75 mm above the flooring & shall be flush with ceiling surface on other side. In case same are passing through the wall, GI pipe or rigid PVC pipe flush with walls on both sides shall be used. 7.5 The conduit shall have minimum couplings fixing of standard elbows shall be avoided as far as practicable and all curves shall be maintained by smooth bending of the conduit itself with long radius to permit easy drawing in of wires/cables. 7.6 The run of the conduit must be such as to give an aesthetic appearance to the finished work & with that end view, all the conduits entering or leaving a D.B./Switch box/junction box/adaptable box shall be neatly arranged. Any crossing of the conduit shall be avoided but if required to cross the same shall be neatly bent & fixed. Sufficient number of inspection bends / junctions boxes shall be provided for easy drawing. Termination of conduits must invariably have insulating bushes of appropriate size fixed securely on end of the conduit so as to prevent any damage to the insulation by rubbing against the ends. 7.7 Sufficient number of junction boxes/adaptable boxes shall be used in conduit run for easy pulling of wires. 7.8 Utmost care shall be taken for sealing the conduit at the couplings, joints etc., necessary sealing shall be carried out in an approved manner to instructions by using Solvent cement or equivalent. 7.9 The earth wire of appropriate size bare copper conductor shall be used for earthing. The termination of earth-in wire shall be done in suitable manner to instructions. If more wires are to be terminated at one point they should be crimped together by using appropriate size of crimping lugs to instructions & shall be connected to nearest earth point. 7.10 Conduit Capacity The minimum size of the conduit to be used shall be not less than 20 mm (approx.) and not more than two circuits connected to same phase shall be bunched in one conduit.

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Commonly used size of 1100 V grade PVC wires and conduit capacities are tabulated below :-

Size of wire Capacity of conduit

20 mm (approx.) 25 mm (approx.)

1.5 sq.mm 6 10

2.5 sq.mm 5 10

4.0 sq.mm 3 6

6.0 sq.mm 2 5

10.0 sq.mm - 4

7.11 Point Wiring In PVC Conduit Wiring System The point wiring in conduit consists wiring from the branch distribution board in conduit with its ancillary work, such as inspection bends, junction boxes etc. including switches, ceiling roses, connectors, wall sockets and PVC wires upto the fixed terminals of ceiling roses, connectors, batten holders etc. depending upon the type of point. 7.12 For easy identification, wires with different colours shall be used for phase, neutral and earth as far as practicable.

8. PVC BOARDS AND PVC BLOCKS : 8.1 These shall be of best quality PVC, inner and outer surface should be smooth & shall be of approved make. 8.2 FIXING OF BLOCKS/ BOARDS: The blocks shall normally be secured to the wall ceiling or clamps by using two numbers screws. Additional screw shall be used to secure the folding blocks/boards to instructions.

9. SWITCHES 9.1 Piano Type - These shall be of single pole flush mounting type. Minimum continuous

rating of a switch shall be 5 Amps, 230/250 Volts. Higher rating switches shall be provided as specifically stated.

9.2 Switches for outdoor use shall be CI/Cast aluminium clad water tight. 9.3 Modular Type – These shall be of flush mounting type, single pole with continuous rating

of 5/6 Amps and/ or 10/20 Amps (Heavy Duty), 230/250 V range made of polycarbonate body, suitable to mount on inner plate / frame made of polycarbonate body / M.S. Powder Coated material to the instructions.

10. SOCKET OUTLETS WITH PLUGS 10.1 ALL INSULATED TYPE

These shall be flush mounting type in 2 pin and earth design of best quality, suitable for single phase 230/250 Volts supply. The earth pin shall be effectively connected to the nearest conduit or earth connection in distribution board by using copper wire of suitable size. The complete unit shall be of one or more types as detailed below with ratings of 5 Amps, 230/250 Volts or 15 Amps 230/250 Volts to suit individual requirement as stated in Bill of Quantities.

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a) Surface type. b) Surface type combined with S.P. Switch and provided with shutter unit. c) Flush type. d) Flush type combined with S.P. Switch and provided with shutter unit.

10.2 MODULAR TYPE SOCKETS These shall be of flush/surface mounting type, single or combined with S.P. Switch complete with shutter unit of 4/5 Pin and ‘1/2 Earth with range of 5/6 Amps and 10/20 Amps (Heavy Duty) suitable for 230/250 V, A.C. Supply, made of best quality polycarbonate material 10.3 METAL CLAD WEATHER-PROOF TYPE

These shall be with porcelain base of first class manufacture with metal clad housing and scrapping earth. Metal enclosures shall be effectively connected to the nearest circuit or earth connections in the distribution board or as specified in the BOQ. The socket outlet shall be complete with pin tops of the same brand. The complete wall socket unit shall be one or more types to suit individual requirements as stated in the Bill of Quantities.

(a) 2 pins and scrapping earth type unit,10/20 Amps 230/250 V, suitable for surface mounting complete with pin top and push-on protective cap.

(b) Switch socket plug combined unit shall be of heavy duty type and shall be suitable for outdoor mounting. The unit shall be of the specified rating and either single phase or three phase as specified and to the instructions.. The body shall be of cast aluminium. A separate cover for socket and a metal clad hand shield type plug shall be provided. External earthing terminal shall be provided on the unit and same shall be connected to rising earth mains by appropriate size of earth wire complete with nuts, bolts, washers etc.

11. MOULDED CASE BAKELITE D.P. SWITCH FUSE UNIT

The moulded case D.P. switch fuse unit shall consist of best quality porcelain base with brass connecting terminals. The cover shall be of moulded case Bakelite/ PVC with neon indicating lamp.

The units shall be of rating as specified in the Bill of Quantities. 12. CEILING FANS: 12.1 These shall be having 5 stars rating and suitable for single phase 230/250 Volts, 50 Hz. A.C. supply of approved make and having sweep as specified in the Bill of Quantities. The fan shall have double ball bearings complete with standard length of down rod, shackle, canopies and regulator. The fan shall be suspended at a suitable height with due regard to height of the ceiling or as indicated on drawing or as specified in the Bill of Quantities and/or Notes, or as directed. 12.2 The contractor shall include the cost of suspension hooks of approved design, in the cost of installation of the fans. Similarly, wherever down rods in exchange of the standard rods shall be included in the cost of installation. 12.3 M.S. split pins of adequate size shall be provided at suspension shackle and motor shackle and of the down rod and also between rotor shaft and the shackle. 13. EXHAUST FAN

The exhaust fans to be provided shall be heavy duty industrial type having capacitor

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start-run motor for A.C. 230/250V, 50 Hz single phase supply continuous rated type and shall be complete in all respects such as mounting frame, mounting brackets, terminal block with cover for the flexible cable to be terminated and suitable wire mesh or Louvered cover or as specified in the Bill of Quantities.

14. BUSBAR CHAMBER

This shall be fabricated out of suitable size thick sheet steel or as specified in the Bill of Quantities in folded construction and / or welded construction by using suitable M. S. angle frame and flat iron sections to make the chamber rigid and robust and provided with two earthing lugs with brass machine screws and washers. This shall be totally enclosed, dust proof pattern complete with busbar insulators supports, 4 nos. tinned copper bus-bars of requisite capacity of equal size and length or as specified if any. The clearances between the adjacent busbars and nearby side covers shall not be less than 50 mm., requisite numbers of crimp type copper sockets and brass bolts and nuts for connecting the incoming and outgoing leads shall be provided. Inter-connecting leads between switch gears and busbar chambers shall be encased for protection against mechanical damage. The busbar chamber shall be given one coat of anti-corrosive paint followed by two coats of light grey enamel paint. Adequate number of knockouts shall be provided for taking up the incoming and outgoing cables. The busbars shall be provided with phase identification marks. The busbar chamber shall have front cover/s bolted to the main body for inspection. 15. MINIATURE CIRCUIT BREAKER (MCB)

The MCB shall have universal terminals with anti-welded silver tungsten contacts. The MCB shall have bimetal strip and magnetic solenoid for overload and short circuit protection resp. offering correct protection under all conditions of operation. MCB shall be Load Contact type start with adequate capacity as specified in the Bill of Quantities. MCB shall be individually detachable without disturbing other MCB's for easy replacement with plug in type accessories as per instructions.. 16. MCB DISTRIBUTION BOARD: 16.1 Single Phase and neutral:

This shall be of totally enclosed/slotted lid type of surface or flush mounting with number of ways and capacity as specified in the Bill of Quantities. The D.B. shall be fitted with double pole M.C.B. of ‘C’ Series (Motor Duty) , D. P. RCCB, bus-bar S.P.M.C.B.'s assembly and solid copper / brass neutral bar/link, etc. of rating as specified in Bill of Quantities.

The enclosure shall be of sheet steel construction with adequate space at the upper and

lower end of the D.B. and shall have suitable knock-out for cable/conduit entry at the top/bottom.

The D.B. shall be finished in enamel paint and complete with label channels for outgoing circuits and other accessories. The D. B. shall be installed as specified in the Bill of Quantities and to the instructions. 16.2 Three phase and neutral:

This shall be of totally enclosed/slotted lid type for surface or flush mounting with number of ways and capacity as specified in the Bill of Quantities.

The D.B. shall be fitted with triple/four pole isolator M.C.B. units in combinations with adequately rated bus-bars, solid copper/brass neutral bar/link and other accessories.

The D.B. shall of sheet steel construction with adequate space at the upper and lower end

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of the enclosure. The D.B. shall be finished in enamel paint and provided with label channels, cable/conduit entry plates at top and bottom for drilling holes to suit the individual requirements. 17. M.V. CONTROL PANEL :

A. STANDARDS

The equipments covered under this specification shall conform to the latest revisions of relevant Indian Standards some of which are listed below (wherever applicable).

IS 13947 1993 : General requirements of Switchgear and Control

Gear for Voltage not Exceeding 1000 / 1200V AC.

IS 11353 1985 : Guide for uniform system of marking Identification of

Busbar and Terminals.

IS 13703 1993 : Low voltage fuses

IS 2705 1992 : Current transformers

IS 694 1990 : PVC insulated cables for voltages including 1100 V with

Copper and aluminium Conductor).

IS 1248 1983 : Direct Acting Electrical Indicating Analog

IS 8623 1993 : Low voltage Switch gear & control gear assemblies

IS 5082 : Electrolytic Aluminium Busbar, Trunking system,

Rod tubes & sections for Electrical purposes.

IS 13779 1999 : AC Electric Meters / Static Meters.

B. CONSTRUCTION

The panel shall be free standing, floor mounting, compartmentalized, cubical type

panel with framed structure and bottom channel frame of appropriate size of MS

section.

The frame structure shall be made out of 14 SWG CRCA sheet. All partitions shall be

of 16 SWG CRCA sheet.

The terminals of the switchgear shall be modified to provide ample space fastening

of cables and to keep sufficient clearance between leads and lugs of different

phases.

For each cable, Gland plate of suitable size will provide.

The panel shall be made dust and vermin proof using neoprene gaskets.

C. CLEARANCES

Operating voltage is 415 V. Hence Minimum clearances are as follows.

Phase to phase 25 mm. (approx.)

Phase to neutral 25 mm. (approx..)

Phase to earth 25 mm. (approx..)

Neutral to earth 22 mm. (approx.)

D. SUPPORTS

The material used for cable lead supports shall be strong enough to take mechanical load of cable leads.

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E. CLEANING AND PAINTING

Fabricated sections shall be thoroughly cleaned and painted as per Manufacturer’s standard.

F. NAME PLATES

Name plates for each feeder and compartment.

Lettering on name plate must be readable.

Boards in English will be provided on bus bar chamber.

One name-plate giving designation of the switchboard shall be affixed prominently on top.

Details of designation shall be specified.

Labels giving following details shall be affixed on each feeder panel:-

Feeder No - As per feeder list

Equipment tag Number and Description

Rating (KW/KVA/AMP)

All components whether mounted inside the switchboard or on the door shall be

permanently and clearly labelled with reference number and/or letter of their function.

Labels for feeder panel designation shall be fixed on the front side of respective panels

with Special rivet made of nylon. These labels shall be identical size to permit

interchange.

G. BUS BARS

High conductivity aluminium alloy or Copper asper requirement and as specified in BOQ

shall be used for bus bars.

Bus bar selection shall be considered after short circuit current density and surface

density.

Bus bar supports shall be suitable for fault level.

Connections shall be done using adequate size of plated hardware with washers and

spring washer’s sets.

The interconnections shall be made with solid bus bars as far as possible.

The bus bars shall be supported of regular intervals using suitable insulators. It should

have Very high Comparative Tracking Index.

Bus bar supporting systems shall withstand without deflection or deformation, the short

circuit forces due to the stated short circuits.

Colour code shall be used on bus bars.(Red, yellow, blue for phases, black for neutral,

green for earth.

Where ever necessary flexible copper cables shall be used for interconnection between

bus bars and switches. Proper type of lugs shall be used with cables. The cable links

shall be adequately supported using binders.

H. SHROUDING

Suitable shrouding for protection will be provided in switch compartment as well as on normally live parts.

I. SWITCHES

All the switches used shall be of approved make.

J. MEASURING INSTRUMENTS AND INSTRUMENT TRANSFORMERS

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K. INTERNAL WIRING

Minimum size of conductor for power circuits shall be 2.5 sq. mm copper.

All control wiring except CT secondary wiring shall be carried out with minimum 1.5 sq. mm Copper conductors.

CT secondary wiring shall be carried out with minimum 2.5 sq. mm copper conductor.

All wiring shall be securely fixed and neatly arranged to enable easy tracing of wires.

Clamp or screw type control terminal blocks shall be provided for outgoing control cables.

The wiring shall be terminated at the respective terminal with suitable crimp type lugs.

L. POWER CABLE TERMINATION

Adequate volume shall be kept for end termination at every terminal.

M. Front doors and gland plates shall be appropriate thick and size.

N. SURGE ARRESTOR

On Main Panel Board CLASS B type surge arrestor should be provided. The KA rating

should be 80 KA minimum. The panel should be protected against surges up to 0.9 KV.

O. SPACE HEATERS

Each vertical section of the panel shall be provided with thermostat controlled anti -

condensation, industrial strip continuous duty type space heaters rated for 240 Volts

±10%, single phase, 50 Hz. The heaters shall be provided with DP MCB.

Wiring of space heaters in each panel shall be grouped and brought out to easily

accessible terminals for connection to power supply, through MCB.

Each switchboard shall be provided with plug-socket with MCB/ Switch for the connection

of hand lamp rated 240 V, 50 Hz. single Phase.

P. TESTING AND INSPECTION

Following tests shall be carried out at manufacturers place and test reports for the same

shall be submitted.

Panel Dimension checking.

Visual Inspection (Compartment check )

Mechanical Functioning test.

Insulation resistance test at 2.5 kV for 1 min. durations. The insulation resistance

shall be 100 m-ohm minimum.

High voltage test as per relevant I S.

Functional tests.

Q. VOLTMETER

R. AMMETER

S. CURRENT TRANSFORMER

T. When required C.T.s shall be provided for current measuring. Each phase shall be

provided with separate current transformer of accuracy Class I and suitable VA burden

for operation of associated metering and controls.

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U. PUSH BUTTONS

V. INDICATING LAMPS:

Colour shade for the indicating lamps shall be as below :

ON indicating lamp : Red

OFF indicating lamp : Green

TRIP indicating lamp : Amber

PHASE indicating lamp : Red, Yellow, Blue

The panel shall be provided with lifting hooks / eye bolts for handling.

Any other part / accessories not specifically mentioned above but considered necessary

for safe and reliable operation.

W. EARTHING

Aluminium earthing bus or as specified in BOQ shall be provided for the entire length of

the panel and shall be rated to carry maximum fault current.

Earth bus bar shall be located at the bottom/top of the panel.

All metallic non-current carrying parts of the switchgear shall be bonded together and

connected to the switchgear earth bus bar.

All doors shall be bonded to the main structure by means of a flexible copper connection

Arranged so that it cannot be trapped as the door is opened or closed.

With-drawable parts (e.g. circuit breakers) shall be effectively earthed until they are

completely withdrawn with all power and control connections disconnected.

Provision shall be made, for earthing cable screen and armouring to the earth bus bar,

near the gland.

Provision shall be made for connection from earth bus bar to the main earthing bus bar

coming from the earth pit on both side of the panel.

Earth bus bar shall be rated to carry the rated symmetrical short circuit current of

associated panel for one second and earth bus bar shall be supported to withstand

stresses induced by the momentary current of value equal to the momentary rating of the

associated Panels.

Each earthing point shall be marked with letter ‘E’.

X. DRAWINGS AND DOCUMENTS

Following drawings shall be furnished by the contractor for approval of Engineer-in-

Charge.

General Arrangement drawing showing plan with elevation and side view

sections

Sectional elevation showing bus bar arrangements

Incoming bus duct joint flange and bus bar details

Single Line Diagram of LT panel board

Control Scheme Diagram

Wiring Diagram

Terminal Block details.

Before commencement of the work the Contractor has to submit the compliance

certificate for MV control panel as per Tender Specifications and the same shall be

Certified by the Manufacturer of MV Control Panel.

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18. OCTAGONAL POLE Supplying and erecting galvanized octagonal pole (8 mtrs. / 4mtrs. ) with foundation as specified in BOQ alongwith luminairies. The details are as specified below. Material: Galvanized Octagonal pole with details of given below.

Particulars Material Galvanized as per

specification Hot dipped galvanized as per specification BSEN ISO 1461

Top and bottom Dia. Thickness

100 mm A/F and 200 mm A/F thickness 3mm HT plate

70 mm A/F and 155 mm A/F thickness 3mm HT plate

Bracket 1500 mm long decorative sword type single arm bracket

1500 mm long decorative sword type double arm bracket

Method of construction: The pole shall be erected in provided cement concrete foundation specially designed. Erection shall be in plum. Mode of Measurement: Executed quantity will be measured on number basis (i.e. each).

LUMINAIRES: All luminaires shall be of standard industrial type LED street light fitting of 75 W luminaries, with PF>=0.95, class IP 65 & above, housing of pressure die cast aluminum alloy and heat sink aluminum cold forging, along with toughened glass/ polycarbonate cover suitable to operate at a voltage range of 140v-270v, 50 Hz, shall have internal surge protection of minimum 4 k.V. and other accessories suitable for 75W to 90W LED fittings complete with mountings bracket. The diffuser should be Polycarbonate with integrated LED driver. The LED Luminaire efficacy shall be not less than 100 lm/Watts, CRI > 70. The Driver shall have protection against Lightning, over voltage and shot circuit. The luminaries shall conform to LM-79.The LED shall be certified by any NABL accredited laboratory for luminaire and driver. All electrical accessories use in fitting such as energy efficient multiple driver, etc. are pre-wired upto a terminal block. Lighting fixture shall be waterproof, dustproof and suitable for highly corrosive atmosphere. The LED fittings shall have Guarantee of 3 years for satisfactory operation. 19. AUTOMATIC SWITCHING DEVICE - TIME SWITCH :

The time switch shall have contact rating as specified in the Bill of Quantities and shall be suitable for 230/250 Volts 50 Hz. A.C. operation with snap action Switching ‘ON' and ‘OFF' arrangement. The switch shall be housed in dust proof enclosure having easily removable transparent cover. It shall be suitable for surface or flush panel mounting. It shall have Quartz control mechanism with reserve power for 36 hours (approx.) to keep device working even in the event of failure of power supply. It shall consist of daily /weekly dials as specified and as per instructions.

20. AIR BREAK CONTACTOR

These shall be of robust construction to ensure longer life. The contacts shall be of anti weld quality and made of silver cadmium or any other suitable silver alloy. The design of the contacts shall be such as to ensure perfect making and breaking of contacts, which shall be shrouded with an arch chute. The main contacts shall be of adequate capacity to continuously carry the rated current.

114

The contactor shall have main and auxiliary contacts as specified in Bill of Quantities. The contactor assembly shall have easy access after removal of front cover.

21. ENERGY METER:

The kilowatt hour meter shall be electronic static meter with LCD display and accuracy class 1.0 of approved make or as per instructions and of the specified voltage and current capacity manufactured in accordance with relevant I.S. Specifications. The meter shall be made out of metal or ultrasonically welded polycarbonate body and cover. The contractor shall submit the test certificate & the guarantee card for the meter from the manufacturer. 22. SWITCH FUSE UNIT:

The metal clad switch fuse unit shall be of heavy duty type, quick make and quick break action of an approved pattern and capable of carrying continuously the current specified. Unless otherwise specifically brought out in the Bill of Quantities, the metal cases shall be of cast iron and shall be provided with knockouts for incoming and the outgoing pipes or cables and earthing terminals. The cover of the switch shall be interlocked with the switch handle so that the cover cannot be opened unless the switch is ‘OFF’ and the switch cannot be made ‘ON’ unless the cover is fixed. The fuse shall be either re-wireable type or HRC type as detailed in the Bill of Quantities. 23. SURPLUS MATERIAL, EARTH ETC. :

After all the trenches & pits are refilled and the ground properly levelled, surplus earth, stones etc. if any, from the excavation shall be recovered by the contractor & transported to the nominated locations as directed by the Engineer In Charge or his representative. The cost of all this work shall be included by the tenderer in his overall rates. 24. PAINTING, MARKING AND LETTERING :

The feeder pillars, switch and control boxes, poles, switch gears, bus-bar chambers, water pumping sets, etc., shall be provided with marking in enamel paints (red, yellow, blue for phases and black for neutral). Necessary lettering on the switch gear regarding details and connections shall also be carried out to instructions. The cost of painting, marking and letter painting or stenciling shall be included in the cost of erection of respective items.

25. CAUTION BOARDS:

Caution boards/stickers vitreous enameled written in two languages, one being the regional language shall be fixed or displayed to indicate danger and the supply pressure according to I.E.E. Regulations wherever the supply is taken at 400 Volts and above as per instructions. 26. TESTING AND COMMISSIONING :

All tests as required in accordance with the relevant Regulations shall be carried out by the contractor in the presence of the representative of the consultant and Engineer In-charge. All testing instruments for this purpose shall be provided by the contractor at his own cost. The equipment shall not be commissioned unless the necessary tests are carried out. After commissioning the contractor has to handed over the entire installation in satisfactory working condition to MbPT.

27. ANNUAL MAINTENANCE CONTRACT The contractor shall have to undertake 4 Years Extended Annual Maintenance Contract after one year guaranty period. The Annual maintenance Contract will be inclusive of all repairing & servicing as per manufacturers service manual of equipment wherever applicable

115

etc.. The Service/Maintenance calls are to be attended within 24 hours of call logging and repairs are to be done immediately to the instructions. Only materials/consumable spare parts which will be required for repair & maintenance in AMC period will be supplied by MbPT. 28. AS MADE DRAWING

13.1 Upon completion of the entire contract work, the contractor shall submit "As Made Drawing" in the forms of Computer Aided Designing (CAD) drawing in duplicate indicating therein the exact route of the underground cable services, locations of towers, feeder pillar, straight /Tee joints, RCC pipe, etc. with clear cut dimensions with respect to the nearby permanent structures / signs in metric units and details of other installation as provided under subject tender with necessary modification, deviation, if any, carried out during the execution of the work including supply of 3 nos. Pen drive of suitable capacity.

29. CONTRACTOR'S PERFORMANCE AND RESPONSIBILITIES :

The various works described in this tender shall be carried out in accordance with the Specifications, Tender Drawings and the Bill of Quantities. If the tenderer has got any doubt or difficulty about the exact requirements, he may contact the Dy. CME/ Superintending Engineer, Chief Mechanical Engineer's Office, Nirman Bhavan, Mazgaon, Mumbai-400 010 (Tel. No. 6656 6503 / 6656 6519) and obtain clarifications. If he feels that some part of the work is not covered by the item in the schedule, he may quote for the same as extra under a separate covering letter. If he fails to do so it would be presumed that he has understood the requirements and it will be obligatory on his part to complete the work in all respects.

30. WOODEN / METALLIC BOARDS - WORK DISPLAY BOARD:

The contractor should install adequate size self supporting type/wooden/metallic boards at convenient place at work site incorporating the following details as per Drawing No.SK-263A(attached).

31. The tenderer shall strictly adhere to all above mentioned Specifications. I agree to supply the goods / execute the work /provide the services as per the above Specifications and the Tender Document.

Signature of Tenderer _____________________ Name: _________________________________ (Company Seal)

*******

116

MUMBAI PORT TRUST

TENDER NO. MEED.06/2016

ELECTRICRIFICATION WORK AT FERRY WHARF


SCHEDULE – I

DATA SHEET FOR HIGH MAST

Description To be specified by tenderer

a. Nominal height of mast

(mtr.)

b. Material of construction

c. Nominal Thickness (in

mm)

i) Base Section

ii) Middle Section

iii) Top Section

d. Cross section of mast

e. Length of individual

sections (approx)

i) Base Section ii) Middle Section

iii) Top Section

f. Base and top diameter (approx)

i) Base Diameter

ii) Top Diameter

g. Type of joints

h. Nominal length of overlap

i. Size of base flange diameter and

thickness (approx.)

i) Diameter

ii) Thickness

j. Metal protection treatment of mast

sections

k. Thickness of galvanisation

l. Size of door opening in the base

section

117


m. Type of door construction and locking

arrangement

n. Details of termination board inside the

base section

o. Size of anchor plate and its thickness

p. Details of template

q. No. of foundation bolts

r. Size of bolts

s. Weight of mast & accessories

a. Max. design wind speed

b. Gust time to be considered -

c. Height above ground level at

Which wind velocity is measured.

a. Material of construction

b. Diameter of carriage ring (mm)

Including arms.

c. Construction

d. Number of joints

e. Load carrying capacity

f. Total weight of assembly with fittings

g. Number of luminaires

h. Type of fittings/fixtures

a. Number and type of winch/mast

b. Capacity

c. Method of operation

118


d. Lubrication

e. Gear ratio

f. Gear material

a. Grade

b. Number of ropes

c. Diameter (mm)

d. Breaking load capacity

e. Factor of safety

a. Type & size

b. Material

a. Input supply

b. Wattage

c. Reversible / Nonreversible

d. Length of control cable

The Contractor has to submit Data Sheet for High Mast duly filled as per the

Tender Specifications wherever applicable without any deviation and the same shall

be Certified by the Manufacturer of High Mast and the Contractor for compliance

of all the specifications specified in the tender before commencement of the work.


119

MUMBAI PORT TRUST


ELECTRICRIFICATION WORK AT FERRY WHARF TO FACILITATE RO RO PAX SERVICES.

SCHEDULE – II

DATA SHEET FOR 140 KVA DG SET

I. Engine

Make Model/ISS reference

No. of cylinders

Rated R.P.M.

Method of Starting

BHP

Specific Fuel oil consumption

(gm/BHP/hr.)

Lub. Oil recommended

Lub. Oil pressure

Qty. of lub. oil required.

Time required for starting

Lub. oil sump capacity

Nos. of exhaust pipe required.

Dia. Of exhaust pipe

Whether meets CPCB norms for Emission

Fuel Consumption at full load

Any other data.

II. Alternator

Make

Enclosure Details

Full Load output in KVA

Full Load output in KW at 0.8 PF

Designed over load capacity at max.

Ambient temp.

Efficiency at full load

Class of Insulation of rotor

Class of Insulation stator

III. General

Overall Length of DG set L x W x H

Overall Weight of DG set

Noise Level of DG Set at one Meter With

Acoustic Enclosure

120

IV. AMF Panels

Make

Type (Floor/Wall mounted)

Overall dimensions (L x B x H)

V. Generator Control Panel

Make

VI. Acoustic Enclosure

Make

Size

Details of Acoustic lining Material

The Contractor has to submit Data Sheet for D. G. Set duly filled as per the Tender

Specifications wherever applicable without any deviation and the same shall be

Certified by the Manufacturer of D. G. Set and the Contractor for compliance of all

the specifications specified in the tender before commencement of the work.


121

DRAWINGS

This Tender Document includes the following drawings.

List of Drawings

Drawing No.

Drawing Name

Purpose

KASHEC_AU_VSPL_MBPT_SLD_01 SINGLE LINE DIAGRAM

KASHEC_AU_VSPL_MBPT_EXT_02 EXTERTNAL SITE LAYOUT

122

ANNEXURES

1 Schedule of MbPT Wage Rates

2 Name Board to be put up at work site for Contract Work.

3 Schedule of Equipments and / or Materials to be supplied by MbPT

4 Schedule of Approved makes.

5 Schedule of Statutory Licenses

123

Annexure-1

MUMBAI PORT TRUST




SCHEDULE OF MbPT WAGE RATES AS ON 1ST APRIL 2017

Sr.No. Designation Min. basic Wage

+ VDA + HRA +

TR +WA=

Monthly wages.

Min. basic Wage

+ VDA + HRA +

TR + AW No.of

days.

1 Electrician – 1st Grade 30416.00 981.16

2 Wireman 28064.00 905.29

3 Asstt. Wireman 28064.00 905.29

4 Linesman 28064.00 905.29

5 Asst. Linesman 28064.00 905.29

6 Cable Jointer (Highly Skilled) 30416.00 981.16

7 Cable Jointer 28064.00 905.29

8 Asstt. Cable Jointer 24872.00 802.32

9 Carpenter (Highly Skilled) 30416.00 981.16

10 Carpenter (Skilled) 28064.00 905.29

11 Fitter (Highly Skilled) 30416.00 981.16

12 Fitter (Skilled) 28064.00 905.29

13 Mason 24872.00 802.32

14 Painter – II Grade 24872.00 802.32

15 Brush Painter 24872.00 802.32

16 Muccadam 24872.00 802.32

17 Mazdoor 24368.00 786.00

18 Rivetter (Highly Skilled) 30416.00 981.16

19 Rivetter (Skilled) 28064.00 905.29

20 Welder (Highly Skilled) 30416.00 981.16

21 Welder 28064.00 905.29

22 Khalasee (Lascar) II Grade 24368.00 786.00

23 Wachman 24368.00 786.00

24 Head Watchman 24872.00 802.32

FAIR WAGES RATES FROM 31.03.2017

Sr.No. Category Rate per

day Rs.

Spl. Allow.

Per day Rs.

Total Rs.

i) Skilled 180.00 194.00 374.00

ii) Semi- Skilled 150.00 162.00 312.00

iii) Un - Skilled 120.00 130.00 250.00

It may please be noted that Schedule of wages in force at the time of execution of

work will be applicable. Date :_____________________________ Tenderer's Signature:_______________________

124

Annexure-2 NAME BOARD FOR CONTRACT WORK

MUMBAI PORT TRUST

MECHANICAL AND ELECTRICAL ENGINEERING DEPARTMENT



NAME OF CONTRACTOR :__________________________________ TELEPHONE NO. :__________________________________ OFFICER-IN-CHARGE :__________________________________ DESIGNATION & TELEPHONE NO. :__________________________________ COMMENCEMENT DATE :__________________________________ SCHEDULED COMPLETION DATE :__________________________________

The Board/s should be painted in Yellow colour with above details in Black Capital Letters.

(Approved quality enamel paint should be used).

125

Annexure-3

MUMBAI PORT TRUST




SCHEDULE OF EQUIPMENTS AND/OR MATERIALS TO BE SUPPLIED

BY MUMBAI PORT TRUST

Sr. No

Item No. in Tender

Qty. In (Unit) Description of Item

NIL NIL NIL NIL NIL

126

Annexure-4

MUMBAI PORT TRUST




SCHEDULE OF APPROVED MAKES

SR. NO. ITEM –DESCRIPTION BRAND ( MAKE )

1 Fluroscent tube, coolday light,230V, 50Hz,A.C.for (18/20/36/40/80) W

Bajaj, Crompton Greaves, Philips

2 Compact Fluorescent Lamp CFL, DF with B-22 caps type, 9 watts to 85 watts, 230 volts A.C.

Philips, Bajaj, Crompton Greaves,

3 Light fitting fluroscent tube, patti type prewired with HPF control,copper wire wound polyster / VPIT choke,240V.A.c for (1x18/20)W& (1x36/40)W tube

Bajaj, Crompton Greaves, Philips.

4 Light fitting fluroscent tube,commercial box type,Hpf control,copper wire wound polysterfilled/VPIT or electronic choke for (1x18/20& 1x36/40)W &(2x18/20&2x36/40)W tube

Bajaj, Crompton Greaves, Philips,

5 Cable (power) PVC/ XLPE insulated,PVC sheathed with flat/round wire Armoured, 1100V grade, single/multi core,Copper / Aluminium conductor with ISI mark

Asian(RPG), Finolex, Polycab,. KEI,

6 Cable socket / Lug / Ferrule,Tinned Copper & Aluminium

Dowell’s,Lotus,Comet,Jainson

7 Glands for Armoured cables,Single / Double Compression

Power Engineering Co(Siemenstype), Comex, Comet, Cosmos, Jainson

8 Cable Termination Kit upto 11KV resin cast epoxy system suitable for indoor/outdoor.

Densons,M-Seal

9

Cable Jointing Kits upto 11 KV resin cast epoxy system.

Densons, M-Seal.

10 Tape PVC Insulating,self adhesive electrical Steelgrip( pidilite),Anchorgrip,Cona

11 Wire PVC Insulated without sheath single core, solid/multistranded 1100 V Grade, Copper Conductor with ISI Mark

Polycab, KEI, Anchor, Finolex,

127

12 Wire PVC insulated,PVC sheathed,single

core,solid/multistranded ,Copper .conductor, 1100V grade,with ISI Mark


13 Wire PVC insulated,PVC sheathed,single core,solid/multistrand with Al.conductor, 1100V grade,with ISI Mark


14 Wire flexible,PVC insulated,single core, multi strand & twin twisted,1100V grade,copper conductor with ISI mark.


15 Wire flexible,PVC insulated & PVC sheathed, single / multi core, multistranded,1100V grade, Copper conductor with ISI mark


16 Wire flexible,PVC insulated & PVC sheathed, single / multi core( multistranded),1100V grade, Copper conductor with ISI mark


17 Ceiling rose,2/3 plates,5/6 Amp, 250Volts,A.C. Anchor, Cona, Leader, Precision

18 PVC conduit pipes & PVC conduits accessories of all types and sizes

Precision,Prestoplast, Modi Asian,Diamond

19 PVC Casing/Capping & its Accessories of all types and sizes

Asian, Diamond,Precision, , Presto-Plast,Modi,

20

Socket flush type,3 pin,15/16 Amp, 240 V, A.C. .(Polycarbonate body) Modular Series

Anchor , Precision, Alemac, , Leader, legrand

21 Ceiling fan with copper wire wound and double ball bearing with standard size down rod, canopies, with three blades, regulator etc. 230 AC 50 Hz of 1400 mm sweep

Crompton Greaves, Anchor, Havells Orient,

22 Exhaust Fan domestic type heavy duty single phase 230 volts,50 Hz with accessories and necessary mounting arrangement

Crompton Greaves, Anchor, Havells Orient, Remi.

23 Switch socket combine, piano,/flush type,3pin / 5pin with junction box, 5/6Amps,250V A.C.

Anchor , Precision, Alemac, , Leader, lagrand

24 Switch socket combine ,piano, flush type, 3pin, 15/16 Amps with junction box, 250V,A.C.


25 1 Way / 2 Way Switch 5-20 Amps 250 V (Polycarbonate body) Modular Series type

Roma,/Woods/Ave(Anchor),Elle, Crabtree Havell’s , Alemac, Mosaic (Legrand)

26 Switch socket combined,piano,flush type,6 pin, 15/16 Amp 250 VAC,Universal/ with junction box


27 Switch socket combined, Universal,15/16 A, with fuse & indicator / with junction box


28 Air break Contactor/with thermal over load relay 0.15 to 63 Amps,415V,50Hz,A.C.

L&T, Siemens, Schneider

128

29 Switch fuse unit,Sheet steelclad fitted with HRC fuses,TP & TPN 32 to 630 Amps,415 volts

L&T, Siemens, Standard

30 Sheet Steel DB for mounting MCB’s S.P/D.P/ T.P/ S.P & N/T.P & N slotted, lid type with specified no of ways single/double door with tinned Cu.bus bar, Neutral link inter-connecting wiring, Din Channel with mounting arrangement, earthing terminal/stud,top & bottom detachable gland plates with knockouts

Hager (Marketed by L&T), Indo-Asian, Legrand, Siemens, Schneider

31 HRC fuse links (boted/Din/Knief/Cylindrical) type,upto 1000A,500V,A.C.

H.H. Elcon, , IndoAsian, Siemens, L&T, Havells ,

32

MCB,SP/DP/TP/SP&N/TP&N,240/415V, 50Hz,A.C. 5 to 63 Amps (ISI Marked confirming to IS : 8828)


33 MCB,Single Pole 5-25 Amps 250 V Polycarbonate Body, Modular Series


34 MCB,Double Pole 5-32 Amps 250 V Polycarbonate Body, Modular Series


35 Isolators,MCB type-D.P/TP/ F.P(32 to 125 Amps ) rating type .


36 Energy meter, single phase, 2 wire, 240V, A.C. 50Hz, microprocessor based electronic static type having class 1.0 accuracy with metal/poly carbonate body with LCD display.

HPL, L&T, Secure

37 Energy meter, 3 phase, 3 wire/4 wire, 3 x 240V, A.C. 50Hz microprocessor based electronic static type having class 1.0 accuracy, direct or C.T. operated with metal/ poly carbonate body with LCD display .

HPL, L&T, Secure

38 LED light fittings Bajaj, Philips, Crompton Greaves, Wipro

39 Segment/Electromechanical type Time switch, single phase,230V A.C. 50Hz,from 10 to 16 Amps

G.I.C.(marketed by L&T), Lexic (Legrand), GE, Hager(manufactured by L&T), , Theban (marketed by Indo-Asian)

40 Diesel generator set Cummins Powerica, Kirloskar, Crompton Greaves, Mahindra

41 High Mast as per specifications Bajaj, Crompton Greaves, Philips, Transrail (Gammon), United, Wipro or equivalent

42 Any other item Sample to be submitted for approval

129

NOTE :

1. The above list does not absolve the contractors from supplying the materials according to Specifications. It will be the responsibility of the contractors to assess the quality of the materials which will meet the requirements of this Port Trust. Only best quality materials manufactured under a particular name/brand name will be accepted and the decision of the Chief Mechanical Engineer or his representative will be final and binding on the contractors as regards the quality and suitability of the materials.

2. I / We have gone through the Schedule 'III' of approved makes for various

items of cables electric switch gears /lamps /fittings, etc. I/We confirm that I/we have checked the market availability of various approved items and shall use one of the approved brands for the above work.

3. I / We agree to furnish the samples of the materials which are proposed to be

used for the above work. 4. In case of non-availability of various approved items (listed in Schedule 'III') in

the open market even after putting sufficient efforts to get approved brand items, the materials manufactured to Indian Standard Specifications and bearing I.S.I. certification embossment will be acceptable subject to prior approval. However, to this effect the firm has to make an application in writing stating about non-availability of items in the market within 10 days from the date of award of the contract.

5. Specifications / brands indicated in the tender shall be scrupulously adhered /

implemented and changes should only be made, when necessary, and if necessary the grounds on which the changes is sought should be clearly brought out and the prices to be checked up to prevent any undue benefits to the contractor and loss to MbPT.

130

Annexure-5 MUMBAI PORT TRUST



SCHEDULE OF STATUTORY LICENCES

1. The Electrical Contractor's Licence in the name of our Company has been issued

for the first time on_____________________________________________________.

The Licence No. is __________________________ issued by ________________ state.

2. We have renewed the Electrical Contractor's Licence from time to time and

present validity of this licence is upto __________. The xerox copy of this licence is enclosed herewith.

3. Name of Supervisor holding 1st Class P.W.D. Licence issued by the Government of

Maharashtra, B&C Department is _______________________________________. 4. Licence number and date of issue of 1st Class P.W.D. to the competent supervisor

who will handle the present tender work. Xerox of P.W.D. 1st Class Certificate is enclosed herewith.

5. I/We hereby give undertaking that I/We shall obtain electrical Contractor\s licence

from the Government of Maharashtra and produce the same within four weeks from the date of placement of Work Order.

6. I / We hereby agree that I/We shall not commence the work unless original valid

Electrical Contractor's Licence is shown to the Chief Mechanical Engineer or his authorised representative.

Tenderer's Witness: ___________________ Signature: __________________ Address :___________________ Address : ____________________ ____________________________ _____________________________ ____________________________ _____________________________ Date : __________________ Telephone No. _______________ Applicable for the tenderer possessing the electrical contractor’s license issued by any

states other than Maharashtra. Seal

131

SECTION VI

CONTRACT FORMS

132

CONTRACT FORMS

1. Specimen Format For Bank Guarantee for Performance Guarantee

2. Specimen Format For Bank Guarantee For Advance Payment

3. Specimen Format For Bank Guarantee for EMD

4. Specimen Authorisation Letter From Bank For Bank Guarantee

5. Specimen Format of Agreement

133

SPECIMEN FORMAT FOR BANK GUARANTEE FOR

PERFORMANCE GUARANTEE

(To be executed on Rs. 100 /- non-judicial stamp paper)

In consideration of the Board of Trustees of the Port of Mumbai incorporated by

the Major Port Trusts Act, 1963 as amended by Major Port Trust (Amendment) Act 1974

(hereinafter called “The Board” which expression shall unless excluded by or repugnant

to the context or meaning thereof be deemed to include the Board of Trustees of the Port

of Mumbai, its successors and assigns) having agreed to exempt

____________________________________ (hereinafter called the “Contractor”)

(Name of the Contractor/s)

from the demand under the terms and conditions of the Contract, vide

________________________________ 's letter No. _______________________

(Name of the Department)

date __________________ made between the Contractors and the Board for execution

of _______________________________________________________ covered under

Tender No. _______________________ dated ________________ (hereinafter called

“the said contract”) for the payment of Performance guarantee in case or

Lodgement of Government Promissory Loan Notes for the due fulfilment by the said

Contractors of the terms and conditions of the said Contract, on production of a Bank

Guarantee for Rs. ____ (Rupees

__________________________________________________________ only we, the

(Name of the Bank and address)

_________________________________________________________________

_________________________________________________________________

(hereinafter referred to as “the Bank's) at the request of the Contractors do hereby

undertake to pay to the Board an amount not exceeding Rs. ____________ (Rupees

________________________________________________) only against any loss or

damage caused to or suffered or which would be caused to or suffered by the Board by

reason of any breach by the Contractors of any of the terms and conditions of the said

contract.

2. We, _______________________, _______________________, do hereby

(Name of Bank) (Name of Branch)

undertake to pay the amounts due and payable under this guarantee without any

demur merely on a demand from the Board stating that the amount claimed is due by

way of loss or damage caused to or which would be caused to or suffered by the Board

134

by reason of any breach by the Contractors of any of the terms and conditions of the

said contract or by reason of the Contractors failure to perform the said contract. Any

such demand made on the Bank shall be conclusive as regards the amount due and

payable by the Bank under this Guarantee. However, our liability under this guarantee

shall be restricted to any amount not exceeding Rs.________

(Rupees___________________________________________) only.

3. We, __________________________________, undertake to pay to the

(Name of Bank and Branch)

Board any money so demanded notwithstanding any dispute or disputes raised by the

Contractor(s) in any suit or proceeding pending before any Court or Tribunal relating

thereto our liability under this present being absolute and unequivocal. The payment so

made by us under this bond shall be a valid discharge of our liability for payment

thereunder and the Contractor(s) shall have no claim against us for making such

payment.

4. We, _____________________________ further agree with the Board that


the guarantee herein contained shall remain in full force and effect during the period that

would be taken for performance of the said contract and that it shall continue to be

enforceable till and the dues of the Board under or by virtue of the said contract have

been fully paid and its claims satisfied or discharged or till the

________________________________________________________________

(Name of the user department)

of the said Board certifies that the terms and conditions of the said contract have been

fully and properly carried out by the said Contractors and accordingly discharge this

guarantee. PROVIDED HOWEVER that the Bank shall be at the request of the Board

but at the cost of the Contractors, renew or extend this guarantee for such further period

or periods as the Board may require from time to time.

5. We, ________________________________ further agree with the Board


that the Board shall have the fullest liberty without our consent and without affecting in

any manner our obligations hereunder to vary any of the terms and conditions of the said

contract or to extend the time of performance by the said contract or to extend the time

of performance by the said Contractors from time to time or to postpone for any time or

from time to time any of the powers exercisable by the Board against the said

Contractors and to forebear or enforce any of the terms and conditions relating to the

135

said contract and we shall not be relieved from our liability by reason of any such

variation or extensions being granted to the Contractors or for any forbearance, act or

omission on the part of the Board or any indulgence shown by the Board to the

Contractors or by any such matter or thing whatsoever which under the law relating to

sureties would, but for this provision, have effect of so relieving us.

6. This guarantee will not be discharged due to the change in the constitution of the

Bank of the Contractor(s).

7. It is also hereby agreed that the Courts in Greater Mumbai would have exclusive

jurisdiction in respect of claims, if any, under this Guarantee.

8. We, _________________________________ Bank lastly undertake not to

revoke this guarantee during its currency except with the previous consent of the Board

in writing.

9. “Notwithstanding anything contained herein:

a) our liability under this Bank Guarantee shall not exceed RS. ___________

(Rupees _____________________________________ only);

b) this Bank Guarantee shall be valid upto __________________; and

c) we are liable to pay the guarantee amount or any part thereof under this Bank

Guarantee only and only if the Board serve upon us a written claim or demand on or

before ____________________________ (date of expiry of Guarantee).”

Date ____________________ day of _____________ 20

For (Name of Bank)

(Name)

Signature

136

SPECIMEN FORMAT FOR BANK GUARANTEE FOR

ADVANCE PAYMENT

(Not Applicable for this Tender) (To be executed on Rs. 100/- non-judicial Stamp Paper)

(as per CVC guidelines, BGs for advance shall be taken in equal numbers that of accepted number of

instalments and BG shall be valid for period till expiry of successive date of recoveries)

[The Bank. as requested by the successful Tenderer, shall fill in this form in accordance with the

instructions indicated.]

Date: [insert date (as day, month, and year) of Tender Submission]

Tender No. and title: [insert number and title of Tendering process]

[bank’s letterhead]

Beneficiary: [insert legal name and address of Port]

ADVANCE PAYMENT GUARANTEE No.: [insert Advance Payment Guarantee no.]

We, [insert legal name and address of bank], have been informed that [insert complete

name and address of Contractor ] (hereinafter called "the Contractor ") has entered into

Contract No. [insert number] dated [insert date of Agreement] with you, for execution of

works viz., [insert title of contract] (hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, an advance

is to be made against an advance payment guarantee.

At the request of the Contractor, we hereby irrevocably undertake to pay you any sum or

sums not exceeding in total an amount of [insert amount(s) in figures and words] upon

receipt by us of your first demand in writing declaring that the Contractor is in breach of

its obligation under the Contract because the Contractor used the advance payment for

purposes other than for the purpose intended.

It is a condition for any claim and payment under this Guarantee to be made that the

advance payment referred to above must have been received by the Contractor on its

account [insert number and domicile of the account]

This Guarantee shall remain valid and in full effect from the date of the advance payment

received by the Contractor under the Contract until [insert date].

___________________

[signature(s) of authorized representative(s) of the bank]

[Authorisation letter from the issuing bank that the signatory of this BG is authorised to do so-

should also be enclosed]

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Following guidelines are to be followed while approving Bank Guarantee (Performance/

Advance Payment)

A) Bank Guarantee shall be-

1) As per approved draft.

2) On Stamp Paper of Rs. 100/- . The validity of Stamp Paper is upto 6

months from the date of purchase of Stamp Paper. It means Bank

Guarantee shall be executed (signed) within 6 months otherwise Stamp

Paper & Bank Guarantee thereon is in valid.

3) Valid for a period as per contract period.

4) As per Mumbai Stamp Act, the present value of Stamp Paper is Rs. 100/-

which may be amended from time to time.

B) Authorisation letter shall be –

1) As per draft approved.

2) On Bank’s letter head.

3) On the date of issue of date of sign/ execution of Bank Guarantee.

4) The date of issue of authorization letter in such case shall not be prior to

date of execution/signature of Bank Guarantee. It should not be signed by

the same person who is/ are authorised to sign the Bank Guarantee. If

two persons are authorised then both will sign Bank Guarantee and

authorisation Letter.

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SPECIMEN FORMAT FOR BANK GUARANTEE FOR EMD

(Not Applicable for this Tender) [The Bank shall fill in this Bank Guarantee Form in accordance with the instructions indicated. To be executed on Rs.100/- non-judicial Stamp Paper]

________________________________ [Bank’s Name, and Address of Issuing Branch or Office]

Beneficiary: The Board of Trustees of the Port of Mumbai, S.V. Marg, Ballard Estate, Mumbai – 400 001.

Date: ________________

TENDER GUARANTEE No.: _________________

We have been informed that [name of the Tenderer] (hereinafter called "the Tenderer") has submitted to you its Tender dated (hereinafter called "the Tender") for the execution of [name of contract] under Invitation for Tenders No. [number]. Furthermore, we understand that, according to your conditions, Tenders must be supported by an EMD.

At the request of the Tenderer, we [name of Bank] hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of [amount in figures] ([amount in words]) upon receipt by us of your first demand in writing accompanied by a written statement stating that the Tenderer is in breach of its obligation(s) under the Tender

conditions, because the Tenderer:

(a) has withdrawn its Tender during the period of Tender validity specified by the Tenderer in the Form of Tender; or

(b) having been notified of the acceptance of its Tender by the Employer/ Board during the period of Tender validity, (i) fails or refuses to execute the Form of Agreement, if required, or (ii) fails or refuses to furnish the performance guarantee, in accordance with the Instructions to Tenderers.

This guarantee will expire unless other wise extended or informed by the Employer/ Board:

(a) if the Tenderer is the successful Tenderer, upon our receipt of copies of the contract signed by the Tenderer and the performance guarantee issued to you upon the instruction of the Tenderer; or

(b) if the Tenderer is not the successful Tenderer, upon the earlier of

(i) our receipt of a copy of your notification to the Tenderer of the name of the successful Tenderer; or

(ii) twenty-eight days after the expiration of the Tenderer’s Tender or any

extended period thereof.;

Consequently, any demand for payment under this guarantee must be received by us at the office on or before that date.

_____________________________ [signature(s)] [Authorisation letter from the issuing bank that the signatory of this BG is authorised to do so- should also be enclosed]

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SPECIMEN AUTHORISATION LETTER FROM BANK FOR BANK GUARANTEE

(On the Bank letterhead)

(Strike out which is not applicable)

Date:

To,

The Board of Trustees of Port of Mumbai.

Ref: Tender No. CME_________ [TITLE OF WORK]

Dear Sir,

Sub: Our Bank Guarantee No.__________dtd.__________

For Rs.___________favouring yourselves issued on a/c

of M/s. _____________________________________

( Name of contractor)

We confirm having issued the above mentioned guarantee favouring yourselves, issued on account of M/s. __________________________validity for expiry and (Name of contractor) claim expiry date upto __________. We also confirm 1) ________________2)__________________ is/are empowered to sign such Bank Guarantee on behalf of the Bank and his/their signatures is/are binding on the Bank.

Name & Signature of the Bank Officer.

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SPECIMEN FORMAT OF AGREEMENT [The successful Tenderer shall fill in this form in accordance with the instructions

indicated]

THIS CONTRACT AGREEMENT is made on the [ insert: number ] day of [ insert:

month ], [ insert: year ].

BETWEEN

(1) The Board of Trustees of the Port of Mumbai, an Autonomous Body of the

Ministry of Shipping of the Government of INDIA, incorporated under the

Major Port Trust Act,1963 as amended by Major Port Trust (Amendment)

Act 1974, under the Laws of India and having its principal place of

business at Port House, S.V. Road, Ballard Estate, Mumbai – 400 001

(hereinafter called “the Employer”), and

(2) [ insert name of Contractor ], [incorporated under] the laws of [ insert:

country of Contractor ] and having its principal place of business at

[ insert: address of Contractor ] (hereinafter called “the Contractor ”).

WHEREAS the Employer invited Tenders against tender no.[Number] for execution of

[TENDER TITLE AND BRIEF DESCRIPTION], and has accepted a Tender by the

Contractor in accordance with the supply/ delivery schedules, in the sum of [insert

Contract Price in words and figures, expressed in the Contract currency(ies) ]

(hereinafter called “the Contract Price”).

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to.

2. The following documents shall constitute the Contract between the Employer/

Board and the Contractor , and each shall be read and construed as an integral part

of the Contract:

(a) This Contract Agreement;

(b) Special Conditions of Contract;

(c) General Conditions of Contract;

(d) Specifications, drawings;

(e) Notice Inviting Tender;

(f) Replies issued to the Pre-bid queries, addenda, if any, issued[numbers and

dates]; (g) The Contractor ’s Tender Offer and priced Bill of Quantities;

(h) The Employer’s Notification of Award/ Letter of Acceptance;

(i) [Correspondence the Employer/ Board had exchanged with the tenderer

till and after award of contract [specific letters and dates];

(j) and [ Add here any other document(s)]

AND WHEREAS

EMPLOYER/ BOARD accepted the Tender of CONTRACTOR for the provision and the

execution of WORK at the CONTRACT PRICE as indicated in CONTRACT upon the

terms and subject to the conditions of Contract. Now this CONTRACT AGREEMENT

witnesseth and it is hereby agreed and declared as follows:

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A. In consideration of the payment to be made to CONTRACTOR for WORK to be

executed by him. CONTRACTOR hereby Covenants with EMPLOYER/ BOARD

that CONTRACTOR shall and will duly provide, execute and complete Work and

things in CONTRACT, mentioned or described or which are to be implied there from

or may be reasonably necessary for completion of Work and at the times and in the

manner and subject to the terms and conditions or stipulations mentioned in

CONTRACT.

o In consideration of the due provision, execution and completion of

WORK by the CONTRACTOR in accordance with the terms of the

CONTRACT, the EMPLOYER/ BOARD does hereby agree with

CONTRACTOR that EMPLOYER/ BOARD will pay to

Contractor the respective amounts for the work actually done by

him and approved by EMPLOYER/ BOARD as per Payment

Terms accepted in CONTRACT and payable to CONTRACTOR

under provision of Contract at such time and in such manner as

provided for in the CONTRACT.

AND

o In consideration of the due provision, execution and completion of

WORK, CONTRACTOR does hereby agree to pay such sums as

may be due to EMPLOYER/ BOARD for the services rendered by

EMPLOYER/ BOARD to Contractor as set forth in CONTRACT

and such other sums as may become payable to EMPLOYER/

BOARD towards loss, damage to the EMPLOYER/ BOARD's

equipment, materials etc. and such payments to be made at such

time and in such manner as is provided in the CONTRACT.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in

accordance with the laws of INDIA on the day, month and year indicated above.

For and on behalf of the Contractor

Signed: [insert signature of authorized representative(s) of the Contractor ]

in the capacity of [ insert title or other appropriate designation ]

in the presence of [ insert identification of official witness]

For and on behalf of the Employer

Signed: [insert signature]

in the capacity of [ insert title or other appropriate designation ]

in the presence of [insert identification of official witness]

The common seal of board of trustees

of Port of Mumbai was affixed

in presence of

Secretary, Mumbai Port Trust Secretary

Mumbai Port Trust

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SECTION VII

APPENDIX

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APPENDIX

Instructions for Online Bid Submission:

The bidders are required to submit soft copies of their bids electronically on the CPP Portal, 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.

More information useful for submitting online bids on the CPP Portal may be obtained at: https://eprocure.gov.in/eprocure/app .

REGISTRATION

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 “Online bidder Enrollment” on the CPP Portal which is free of charge.

2) As part of the enrolment process, the bidders will be required to choose a unique username and assign a password for their accounts.

3) Bidders are advised to register their valid email address and mobile numbers as part of the registration process. These would be used for any communication from the CPP Portal.

4) Upon enrolment, the bidders will be required to register their valid Digital Signature Certificate (Class II or Class III Certificates with signing key usage) issued by any Certifying Authority recognized by CCA India (e.g. Sify / nCode / eMudhra etc.), with their profile.

5) 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 which may lead to misuse.

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.

SEARCHING FOR TENDER DOCUMENTS

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.

2) Once the bidders have selected the tenders they are interested in, they may download the required documents / tender schedules. These tenders can be moved to the respective ‘My Tenders’ folder. This would enable

https://eprocure.gov.in/eprocure/app

https://eprocure.gov.in/eprocure/app

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the CPP Portal to intimate the bidders through SMS / e-mail in case there is any corrigendum issued to the tender document.

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.

PREPARATION OF BIDS

1) Bidder should take into account any corrigendum published on the tender document before submitting their bids.

2) Please go through the tender advertisement and the tender 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.

3) Bidder, in advance, should get ready the bid documents to be submitted as indicated in the tender document / schedule and generally, they can be in PDF / XLS / RAR / DWF/JPG formats. Bid documents may be scanned with 100 dpi with black and white option which helps in reducing size of the scanned document.

4) 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 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” or ‘’Other Important Documents’’ 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.

SUBMISSION OF BIDS

1) Bidder should log into the site well in advance for bid submission so that they can 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.

2) The bidder has to digitally sign and upload the required bid documents one by one as indicated in the tender document.

3) Bidder has to select the payment option as “offline” to pay the tender fee / EMD as applicable and enter details of the instrument.

4) Bidder should prepare the EMD as per the instructions specified in the tender document. The original should be submitted in the sealed cover as specified in the tender document in person latest by the last date of bid submission. 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.

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5) Bidders are requested to note that they should necessarily submit their financial bids in the format provided and no other format is acceptable. If the price bid has been given as a standard BoQ format with the tender document, then the same is to be downloaded and to be filled by all the bidders. Bidders are required to download the BoQ file, open with their respective financial quotes and other details (such as name of the bidder). No other cells should be changed. Once the details have been completed, the bidder should save it and submit it online, without changing the filename. If the BoQ file is found to be modified by the bidder, the bid will be rejected.

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.

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. Any bid document that is uploaded to the server is subjected to symmetric encryption using a system generated symmetric key. Further this key is subjected to asymmetric encryption using buyers/bid openers public keys. Overall, the uploaded tender documents become readable only after the tender opening by the authorized bid openers.

7) The uploaded tender documents become readable only after the tender opening by the authorized bid openers.

8) Upon the successful and timely submission of bids (i.e. after Clicking “Freeze Bid Submission” in the portal), 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.

9) 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.

ASSISTANCE TO BIDDERS

1) Any queries relating to the tender document and the terms and conditions contained therein should be addressed to the Tender Inviting Authority for a tender or the relevant contact person indicated in the tender.

2) 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 3070 2232. Foreign bidder can get help at +91-79-40007451 to 460.

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