Maharashtra Maritime Board, Mumbai

MAHARASHTRA MARITIME BOARD,

TENDER FOR DESIGN, CONSTURUCTION, TRANSPORTATION, ERECTION AND COMMIOSSIONING OF TWO DISMOUNTABLE HYDRAULIC CUTTER SUCTION DIESEL POWER DRIVEN DREDGER TO MAHARASHTRA MARITIME BOARD

TENDER 2009-10

Chief Executive Officer, Maharashtra Maritime Board, Mumbai Rs. 25,000/-

Chief Surveyor & Marine Engineer, Maharashtra Maritime Board, Andheri (w), Mumbai 400 058

Maharashtra Maritime Board, Mumbai

Maharashtra Maritime Board, Mumbai

MAHARASHTRA MARITIME BOARD,

TENDER FOR DESIGN, CONSTURUCTION, TRANSPORTATION,ERECTION AND COMMIOSSIONING OF TWO DISMOUNTABLE HYDRAULIC CUTTER SUCTION DIESEL POWER DRIVEN DREDGER TO MAHARASHTRA MARITIME BOARD

To be submitted on 20.10.2009 at 11.00 Hrs. in the Office of the Chief Surveyor and Marine Engineer, Maharashtra Maritime Board, Andheri, Mumbai

D.R. No.------------------------ Dated ------------------Issued to ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Chief Surveyor & Marine Engineer, Maharashtra Maritime Board, Andheri (w), Mumbai 400 058

Maharashtra Maritime Board, Mumbai

Maharashtra Maritime Board, Mumbai

MAHARASHTRA MARITIME BOARD

INDEX
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Information General Description of Dredger Terms and Conditions Instruction to Tenderers Submission of Tenders Schedule A List of Mandatory Spares Price Variation Delivery Date Liquidated Damages Force Majeure Performance Bank Guarantee Insurance During Construction Transportation, Insurance, and Handling of the Material Warranty and Guarantee Warranty Warranty Deed Bank Charges Earnest Money Deposit Receipt of Tender Opening of Tenders Pre Bid Conference Final Trails In Rejection or Reduction in Price in case of Deficiency in Performance Service of Notice Cost of Drafting Approval Bank Guarantees etc. Schedule - B Schedule of Prices Schedule - C Schedule of experience Schedule - D Schedule of Optional Spares for five years operation Form of Agreement Bank Guarantee form for performance security

Maharashtra Maritime Board, Mumbai

Maharashtra Maritime Board, Mumbai

Maharashtra Maritime Board, Mumbai, India

( A Govt. Of Maharashtra Undertaking )

Ten. No. - MMB/MECS/09/005

GLOBAL NOTICE INVITING TENDER FOR SUPPLY OF TWO NOS. DREDGERS

Maharashtra Maritime Board had been set up by the Govt. of Maharashtra in 1996 under MMB Act, 1996 for the development, administration and control of Minor Ports, Creeks in Maharashtra. Maharashtra Maritime Board decided to keep own dredging units to dredge fine, medium & coarse sand, silt, mud etc. and admixture of said solids, to provide dredging facility in the small port, fisheries harbour etc. where maximum draft available 1 to 1.5 mtrs. Sealed Global Tenders are invited by the Chief Executive Officer, Maharashtra Maritime Board, Mumbai in Two Sealed Covers (Cover-1: Techno-Commercial Bid including EMD envelope and CoverII: Price Bid) from the bidder who will offer latest new technology and sufficient experience in Design, Construction , Supply and Delivery afloat Two nos. Cutter Suction Dredgers for MMB to operate in the creeks and on the Coast of Maharashtra, India. The Blank Tender will be issued by the Chief Surveyor and Marine Engineer, Maharashtra Maritime Board, Dadabhai Road, PWD Compound, Near Bhavns College, Andheri(w), Mumbai 400 058 from 27.08.2009 to 12.10.2009 on working days between 11 .00 hrs to 17.00 hrs ( Indian Standard Time ). The cost of blank tender is Rs. 25,000/- (Rupees Twenty Five Thousand Only ) in the form of Demand Draft drawn in favour of Marine Engineer, Maharashtra Maritime Board, Mumbai payable at Mumbai with written application or in cash remitted in the office of the Chief Surveyor and Marine Engineer. The sealed tenders will be received in the office of the Chief Surveyor and Marine Engineer, Maharashtra Maritime Board, Dadabhai Road, PWD Compound, Near Bhavans College, Andheri(w), Mumbai 400 058 on or before 20.10.2009 up to 11.00 hrs and will be opened on 20.10.2009 in the office of the The Chief Executive Offifer, Maharashtra Maritime Board, Indian Mercantile Chamber, 3rd Floor, R. K. Marg, Ballard Estate, Mumbai 400 001 at 15 hrs.
Particular 1 Design, Construction, Transportation, Erection and Commissioning of Two Dismountable Hydraulic cutter suction Diesel Power Driven (Caterpillar Engine ) dredger for Dredging silt, clay and gravel and admixture of said to provide the dredging facilities in the small ports, fisheries harbour etc. where maximum draft available 1m-1.5m (As per specifications detailed in Tender Documents). and to be suitable for dredging up to a 6 - 8 mtrs dredging depth with output of approx.200 cum. Per hour Qty. 2 Two EMD 3 Rs.12.40 lakh US $ 27000/Pre Bid Conference. 4 On 05.10.09 at 11.00 hrs. in the office of the Chief Executive Officer, Maharashtra Maritime Board, Mumbai 400 001 Queries for the above should reach the office of the Chief Surveyor and Marine Engineer, Mumbai 400 058 before 01.10.2009 Email csmemmb@gmail.com. Tel. & Telfax No. 022 2623 1125 Tel. No. 022 2623 9945

Note :1. Chief Executive Officer, Maharashtra Maritime Board reserves right to accept or reject any or all tenders and to change the quantity of Cutter Suction Dredgers to be purchased by MMB without giving any reason thereof. 2. Bids will remain valid for 180 days from the date of opening of the tender.

Sd/Chief Executive Officer, Maharashtra Maritime Board, Mumbai

Maharashtra Maritime Board, Mumbai

Maharashtra Maritime Board, Mumbai

DESIGN,CONSTURUCTION,TRANSPORTATION,ERECTION AND COMMIOSSIONING OF TWO DISMOUNTABLE HYDRAULIC CUTTER SUCTION DIESEL POWER DRIVEN DREDGER TO MAHARASHTRA MARITIME BOARD

INFORMATION The bidder will design, supply and deliver 02 nos. cutter suction Dredgers, in such a manner that they will be rugged, to withstand tough marine condition that prevails along the entire Coast of Maharashtra. The dredgers capacity should be as detailed in the technical specification. The area of operation will be rivers, estuaries, minor ports, fishing harbour, coastal areas and sheltered waters. The dredgers will be used for dredging various materials under water so as to dump it at 500 met through pipelines. The dredger machine shall be capable to dredge fine, medium & coarse sand, silt, mud etc and admixture of said solids. The cutter suction dredgers will have to be delivered at any of the port of MMB, which will be intimated while issuing techno-commercial work order. The main objective of designing such type of dredger is to provide dredging facility in the small port, fisheries harbor etc where maximum draft available ranges from 1 to1.5 m. GENERAL DESCRIPTION OF DREDGERS 200 CUM CAPACITY The supplier has to design the dredger to get the output i.e. Solid 200 cum per hr solid as desired by MMB. The dredgers will be dismountable cutter suction dredger and non propelled. The agency will design the dredgers in such a manner that it can be easily and quickly assembled and dismantled in simple manner. The cutter, spuds and side winches will be hydraulically driven through separate motor and suitable gear box. A provision for box coolers for the system will be made at suitable places. The above mentioned machineries will be mounted in and on the main pontoon so that minimum number of equipments/parts has to be dismantled while transporting the dredger through road. The dimensions of dredger & equipments will be so kept that it can be loaded easily & safely in low bed Indian make Trailers for transportation purpose through road. The Marine diesel engine for dredge pump & other equipments/machineries will be remote operated for low, idle and maximum continuous speed so that one man can operate the dredger from dredge master's cabin. Dredger to be suitable for dredging up to a maximum of 6 meters dredging depth with output of approx. 200 cubic meters per hour of fine sand over a distance of 500 meters with a 3 m terminal elevation at an in situ density of 1.9specific gravity. a) b) c) d) Approximate dimension of the dredge to be approx. 15 to 18 M length overall x 3 to 4 M breadth overall x 3 M height (without spuds, spud hoists and muffler) Fuel capacity of approximately 4 cubic meters to be provided. The dredger should be transportable on one truck with low boy trailer. design and drawing of dredger are to be by classified society and all equipments and pipes etc. are approved by standard institutions.

Dredger to be complete in all respects in line with the MMB to fulfill all description / specifications suitable for dredging up to a maximum of 6 meters dredging depth with output of approx. 200 cubic meters per hour of medium sand over a distance of 500 meters with a 3 m terminal elevation at an in situ density of 1.9 specific gravity. Bidder provide following description and specification in details along with technical tenders and also provides additional specifications and description to the below as per bidders product. Principal Dimensions and Particulars should be provided by Bidders to be suitable for dredge 200 cum. per hours
Maharashtra Maritime Board, Mumbai

Maharashtra Maritime Board, Mumbai

TERMS AND CONDITIONS 1. Interested Tenderer may obtain non-transferable bid document by submitting a non-refundable Demand Draft for Rs. 25000/- (Rs Twenty five thousand only) drawn in favour of Marine Engineer Maharashtra Maritime Board, Mumbai, payable at any Indian Scheduled Bank Situated in Mumbai. In case of foreign Tenderer, the Demand Draft amounting to US$ 530 (US Dollar Five hundred thirty) must be payable at Mumbai drawn in favour of Marine Engineer. Maharashtra Maritime Board, Mumbai Our Banker is State Bank of India. Request for purchase of tender Documents must be accompanied with documentary evidence of credentials like similar works done, performance certificate, complete plant and machinery, yearly turnover etc. The tenderer shall meet the following pre-qualification criteria applicable to all Tenderers, irrespective of earlier executed work, for MMB, if any, failing which the request shall be summarily rejected. The tenderer shall be having average Annual financial turnover of at least Indian Rs.2000.00 Lacs (US$45, 00,000) during the last 3 years ending 2009. Documentary evidence of Experience of having successfully completed similar works during last 5 years ending 31st March 2009 should be Four similar completed works each costing not less than the amount equal to Indian Rs. 600 Lacs. (US $12,65,000) Similar works means Design, Construction, Supply, erection & Commissioning of Dredging Equipments. Documentary evidence of material resources, specialized equipments for the execution of above works. Latest certificate of solvency from Scheduled commercial bank. Solvency certificate shall be for an amount of at least Indian Rs. 600.00 Lacs. (US$1265000) Eligible Tenderer may obtain the tender documents with application from the office of Chief Surveyor and Marine Engineer, Maharashtra Maritime Board, PWD Compound, Near Bhavans College, Dadabhai Road, Andheri (w), Mumbai-400 058. ( INDIA ) in person or through an authorized agent on all working days from 27.08.2009 to 12.10.2009 between 1100 hours to 1700 hours. ( Indian Standard Time) Sale of Tender documents will be closed at 1700 Hours on 12.10.2009. MMB reserves the right to cancel/withdraw the notice for invitation of tenders without assigning any reason and shall bear no liability whatsoever consequent upon such a decision. MMB reserves the right to accept or reject any or all the applications or return the requests for issue of tender documents without assigning any reason whatsoever. The tender documents are not transferable under any circumstances. A Pre bid Conference shall be held in O/o of Chief Executive Officer, Maharashtra Maritime Board, Indian Mercantile Chamber, 3rd Floor, R. K. Marg, Ballard Estate,Mumbai 400 001. India at 11.00 A.M. on 05.10.2009. Interested parties may attend the same to seek any clarification about the scope of work. Any queries in Prebid meeting to be sent in writing to Chief Surveyor and Marine Engineer, Maharashtra Maritime Board, PWD Compound, Near Bhavans College, Dadabhai Road, Andheri (w), Mumbai-400 058.( INDIA ) before 01.10.2009 or on email - csmemmb@gmail.com.

2.

i. ii.

Note: iii. iv. 3.

4. 5.

6. 7.

Chief Executive officer, Maharashtra Maritime Board, Mumbai, India

Maharashtra Maritime Board, Mumbai

Maharashtra Maritime Board, Mumbai

INSTRUCTIONS TO TENDERERS (Global Tender for supply of Two Cutter Suction Dredger.) 1. General Instructions:The following instructions must be carefully observed by all the Tenderers. Tenders not strictly in accordance with these instructions shall be liable for rejection:1.1. 1.2. 1.3. Tenders should positively reach before the date prescribed for its receipt. Those received late will not be considered. Maharashtra Maritime Board, Mumbai herein after called as PURCHASER Tenderers shall bear all cost associated with preparation and delivery of its Pre-qualification Tenders and the PURCHASER will in no case be responsible or liable for these costs. The successful Tenderers will be required to give satisfactory assurance of its ability and intention to deliver the goods pursuant to the contract with in the time set forth therein. In case the date of opening of the Tender falls on a holiday which is subsequently declared on that day, the tenders will be opened on the next working day following the holiday. Tenders should be neatly typed/written in English only. The material/equipment offered should be strictly according to the specifications laid down in the Tender Documents. The Chief Executive Officer, MMB reserves the right to accept or reject any or all Tenders or alter the quantity to be purchased without assigning any reason whatsoever The PURCHASER reserves the right to cancel/ withdraw the invitation of Tenders without assigning any reason and shall bear no liability what-so-ever consequent upon such a decision. The Tender documents are not transferable and cost of Tenders documents is not refundable under any circumstances. Not with standing any thing stated above, PURCHASER reserves the right to review the Tenderers capability and capacity to perform the works. PURCHASER shall not be responsible for any delay, loss, damage or non-receipt of Tender documents sent at any stage. The Tender prepared by the Tenderers and all correspondence with the PURCHASER shall be in English language only. Any printed literature furnished by the Tenderers may be written in any language, provided that this literature is accompanied by certified English translation, in which case, for purpose of interpretation of the Tender, the English translation shall govern. To facilitate examination, evaluation and comparison of Tenders, the PURCHASER at his discretion may seek any clarification from the Tenderer in Prebid meeting all these clarifications shall be in writing only. In such an event, the Tenderers shall furnish all technical information/ Clarifications to the PURCHASER 2 days before prebid meeting at the O/O Chief Surveyor and Marine Engineer, Maharashtra Maritime Board, PWD Compound, Near Bhavans College, Dadabhai Road, Andheri (w), Mumbai-400 058. ( INDIA ) by letter or by fax 022 26231125/02222614331 or on email -

1.4.

1.5.

1.6. 1.7.

1.8.

1.9.

1.10

1.11.

1.12.

1.13.

1.14.

Maharashtra Maritime Board, Mumbai

Maharashtra Maritime Board, Mumbai

csmemmb@gmail.com 1.16. Standard catalogue pages and other documents of the Tenderers may be used in the Tender to provide additional information and data as deemed necessary by the Tenderers in English but any printed literature furnished by the Tenderers may be written in any language, provided that this literature is accompanied by certified English translation, in which case, for purpose of interpretation of the Tender, the English translation shall govern The submission of tender connected with these documents and specifications shall constitute an agreement that the Tenderers shall have no cause of action or claim, against the PURCHASER for rejection of his Tender. The PURCHASER shall always be at liberty to reject or accept any Tender or Tenders at his sole discretion and any action shall not be called into question and the Tenderers shall have no claim in that regard against the PURCHASER. The Tenderers should carefully read and study every clause of this specification. Each clause of this specification should be attended to in his Tender. Silence of the Tenderers on any clause of this specification shall be taken as acceptability of the said clause to the Tenderers and accordingly the said clause will be provided in the purchase order. Every page of bid document must be signed by the authorized signatory of the company. The authorization letter of such signatory should be attached, in original, with the Tender. The Payment terms for the work shall be as under:i) 10% amount of ordered value shall be paid as advance payment after acceptance of Purchase Order against the Bank Guarantee of equal amount valid upto the delivery of dredger at Mumbai. ii) 60% amount of ordered value shall be paid against documentary evidence of shipment of complete equipment. iii) 20% amount of ordered value shall be paid after arrival of complete equipment at Mumbai, India against equal amount of Bank Guarantee. iv) 10% amount of ordered value shall be paid after successful commissioning and trial of complete equipment at Mumbai, India against Performance Bank Guarantee of equal amount. v) the Bank guarantee taken in (i) above will be returned after satisfactory trial of the dredger 1.21. 1.22 The Validity of price bid shall not be less than 180 days from the date of opening of tenders. Settlement of dispute/Arbitration: The whole of the work/contract to be done under this contract shall be carried out under the direction of chief surveyor and Marine Engineer and his decision upon all question related to the supply of dredger as per drawing specification shall be final and binding upon the supplier. Such decision of the Chief Surveyor and Marine Engineer shall forthwith be given effect to by the Bidder who shall proceed with the works with all due diligence whether notice of dissatisfaction is given by him. If the supplier be dissatisfied with any such decision of the Chief surveyor and Marine Engineer then and in any such case the supplier may within 07 days after receiving notice of such decision of Chief surveyor and Marine Engineer the matter shall be referred to the Chief Executive Officer, Maharashtra maritime Board, Mumbai as an Arbitrator. 1.23 Law The contract shall be interpreted and have effect in accordance with the law of India and any suit or other proceedings relating to this contract shall be filed or taken by the contract in a court of law only in Mumbai 1.24 The successful Techno-Commercial bidders will be required to give satisfactory assurance of its ability and intention to deliver the goods pursuant to the contract with in the time set forth therein.

1.17.

1.18.

1.19.

1.20

Maharashtra Maritime Board, Mumbai

Maharashtra Maritime Board, Mumbai

Submission of Tenders:-

The Tenderers shall submit separate sealed tenders in an overall sealed cover in two parts duly super scribed on each cover as under:

1 2

Techno-Commercial Bid in sealed Cover-I Price Bid in sealed Cover-II 2: Part-I: Techno-Commercial Bid: The Tenderers shall submit Techno-Commercial Bid in one covering sealed envelope. The copies should be clearly marked "Design, Construction, Transportation, Erection and Commissioning of Two Cutter Suction Dredgers to MMB". The envelope shall be marked as Techno-commercial Bid. Tenders submitted sealed in any manner other than that described above will be out-rightly rejected. Telegraphic/Fax tenders shall not be entertained. In case of any deviation by any bidder in the technocommercial specifications, the purchaser reserves the right to load the price bid. The basis of such loading shall be communicated to the bidder before the opening of the price bid where-upon the bidder will have the option either to withdraw the said deviation(s) or accept the loading proposed by the purchaser. The following information must be supplied by Bidders in the Techno-Commercial Bid.

2.1

The Bidders shall append the list of similar jobs executed/ equipment supplied earlier duly supported with the performance certificates. The Bidders shall submit the copies of financial results viz profitability, turnover, balance sheet and other financial documents for the last 3 completed financial years ending 31st March 2009 duly certified by Chartered Accountant or equivalent certifying authority in case of foreign Bidders. Overall completeness and compliance with the technical specifications and drawings should be ensured. Any deviation from the technical specifications as identified separately as well as those deviations not so identified should be annexed along with the bid. The bid that does not meet the minimum acceptable standards of completeness consistency and details will be rejected for non responsiveness. Demonstration of the efficiency of system, if feasible, will be given by the Bidders before the contract is signed. Expenditure pertaining to demonstration including testing facilities and necessary equipment will be borne by the Bidders. Type, quantity and long term availability of mandatory and recommended spare parts for five years of the equipment should be clearly documented. The bidders must give the list of mandatory spares as mentioned in Annexure- A enclosed. The price of mandatory spares should be quoted separately along with the main equipment in the price bid. In case the bidder proposes some more mandatory spares in addition to those mentioned in Annexure-B, he shall give these in a separate list which will be optional and shall not be considered for price evaluation of bids. The price of mandatory spares as mentioned in Annexure-B shall be considered along with the main equipment for evaluation of the bids. In addition to this the bidder shall quote separately for the recommended spares for Five years of operation in the following format which will be optional and will not be considered for price evaluation of the bids.

2.2

2.3

2.4

2.5

Maharashtra Maritime Board, Mumbai

Maharashtra Maritime Board, Mumbai

Annexure- Schedule - A - List of Mandatory Spares Sr. No. Description Part No. Quantity Installed Quantity Recommended 1 Year 2 Years 3 Years 5 Years

Un priced list of mandatory & recommendatory spare parts must be attached with the technocommercial bid. Priced lists must only be attached in the price bid. 2.6 2.7 2.8 2.9 Source for after sale service of the equipment should be clearly documented. Draft annual maintenance contracts, warranty and performance guarantee should be annexed. In case of foreign Bidders, the Earnest Money must be in US Dollar only. The Bidders shall also be required to give complete details such as manufacturing capability, plants and machinery installed at his works. Details of such works/materials executed/supplied to other organizations must be given. The Bidders shall incorporate design features that will provide best operational efficiency and economy. Bidders must have his own yard with manufacturing and testing facilities with his own waterfront give details. Bidders must submit the technical data as per the Proforma attached at Annexure-A. Specified performance/output of the dredger shall be guaranteed. However, in case there is a shortfall in the performance/Output of the Dredger at the time of commissioning, despite an opportunity being given to the firm to make it in conformity with the specified output, penalty for resultant loss shall be levied on pro-rata basis as below:quantum of shortfall of out put X Contract Value Contracted/specified out put. The equipment required for measuring the performance/output of dredger like production measurement system, velocity, density measurements & discharge measurement at the time of test & trails in Mumbai. The Bidders are also required to state the following in clear terms: 2.14 a) Whether he will design and fabricate the dredger exclusively from internal sources? b) Whether he has entered into a joint venture alongwith the details of specific involvement of each of the parties? c) Whether he has entered into a collaboration arrangement and the details of the specific involvement of each of the parties? 2.15 Whether the equipment shall be fully imported or partly. If so, the details are given separately for both. Purchaser shall not be responsible for any violation of FERA/FEMA/ any statutory provision of Govt. of India as amended from time to time for the imported goods for this Dredger? Whether the company has in-house design facilities in India. If yes, give details?

2.10

2.11

2.12 2.13

2.16

Maharashtra Maritime Board, Mumbai

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Maharashtra Maritime Board, Mumbai

2.17

Experience of building dredgers is intimated. List of dredgers built and supplied alongwith owners names, addresses, communication details & supply dates be annexed. Performance certificate from end-user be attached. In case it is a joint venture for manufacturing with foreign collaborator, the above details should be furnished for foreign collaborator separately. In case of foreign collaborator whether he has an established base/ office in India. If so details to be furnished along with period of such association. Arrangements for after sales services in India. Proposed method of transportation of such Dredger to Maharashtra Maritime Board Mumbai India, to be provided. Schedule of delivery, Transportation to Maharashtra Maritime Board, Mumbai, India with full details. Price Variation :

2.18

2.19

2.20 2.21

2.22

2.23

The Supplier is requested to quote the firm price. The Maharashtra Maritime Board do not favour offers subject to price variation clause. If some parts of the equipment is imported by the supplier and the quoted prices of such equipment is variable with exchange rate, the Bidders shall intimate the C.I.F value of such parts in foreign currency, duties leviable. However, while calculating comparative cost, B.C. (Buyers Credit) selling exchange rate published by the State Bank of India for the day on which tenders were opened, will be taken. However, any variation in B.C (Buyers Credit) selling exchange rate upto the date of award of contract will also be taken into account while deciding the case. In the absence of any price variation clause the prices will be treated as firm. The currency selected for converting tender prices to a common base for the purpose of evaluation and comparison is Indian Rupees. The basis for such conversion will be the B.C (Buyers Credit) selling exchange rate established by State Bank of India. The exchange rate applicable would be prevailing as on the date of opening of tender. Any Duties, Taxes, & Levies shall be paid by the Supplier and Income Tax and VAT will be deducted from the bills of the supplier as per rules. Delivery Date: For Maharashtra maritime Board, Mumbai, delivery of the equipment is desired within 180 days to be reckoned from the date of acceptance of purchase order.

2.24.

2.25

2.26

2.27

2.28

Liquidated Damages: If the supplier fails to abide by the provisions of clause Delivery Date he shall be liable to pay penalty charges @ 0.5% per week or part thereof the contract value of such portion of material as has not been delivered within the Delivery Period subject to a maximum of 5 % of contract value.

2.29

Force Majeure: The supplier shall not be liable for any penalty charges due to delay in manufacture or delivery of material resulting from any causes beyond the suppliers reasonable control including but not limited to the compliance with regulations, orders or instruction of central/State of Municipal Govt. or agency thereto, acts of God, acts of Civil & Military authorities, fires, floods, freight embargoes, war risks, riots and civil commotions. The supplier will seek extension of delivery period within two weeks of occurrence of any such event and clearly state the anticipated delay in supply on account of such an event/ events. On receipt of such a request from the supplier, extension in delivery period may be granted for the period for which the completion of work is proved by the supplier to have been delayed for circumstances covered by reasons of Force Majeure. subject to further condition if the delivery period is likely to be extended by more than 60 days on account of any event, the

Maharashtra Maritime Board, Mumbai

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Maharashtra Maritime Board, Mumbai

purchaser shall have the option to cancel the order, and the cancellation will be without any liability on the part of the supplier and without any payment of compensation by the purchaser. 2.30 Performance Bank Guarantee: The supplier shall furnish a Performance Bank Guarantee (on a standard Performa to be supplied by the purchaser) to the tune of 10% value of the contract to cover the satisfactory working of the equipment during the period of warranty as per warranty Deed clause and it shall be kept valid till such time as any claim of the purchaser is pending against the supplier. The Performance Bank Guarantee shall be furnished by the supplier on handing over of the Dredger after trials and successful commissioning. 2.31 Insurance During Construction In case of any eventuality/calamity or otherwise, the supplier shall be liable for the stage payments received by him from the purchaser. During the construction period, the Dredger will have to be kept insured at the expenses of the supplier. 2.32 Transportation, Insurance, and Handling of the Material The supplier shall be responsible for transportation, insurance and handling of material up to Maharashtra maritime Board, Mumbai & during commissioning upto the date of handing over of Dredger to the purchaser. Dry Dock is to be arranged by the Supplier if required by the Supplier for assembling and launching of Dredger. Any other specialized equipment required for assembling & commissioning of Dredger shall be arranged by the supplier at his cost. 2.33 Warranty & Guarantee: 12 Months from the date of handing over of the Dredger after successful commissioning and trial at Mumbai. However, in case of delay in trials and commissioning of Dredger attributable to the purchaser, the warranty and guarantee period will be extended accordingly for the total delayed period. 2.34 Warranty: The supplier shall be responsible to replace free of cost, with no transportation or insurance cost to the purchaser upto the destination, the whole or any part of material which in normal and proper use proves defective in quality or workmanship, subject to the condition that the defect is noticed. The consignee or any other officer of the purchaser actually using the material will give prompt notice of each such defect to the supplier as well as purchasing authority. The replacement shall be arranged by the supplier within a reasonable time not exceeding 60 days. The supplier shall also arrange to remove the defective supplies within a reasonable period not exceeding 60 days from the date of issue of the notice in respect thereof, failing which the purchasing authority shall reserve the right to dispose off the defective material in any manner considered fit by it at the sole risk of the suppliers. Any sale proceeds of the defective material after meeting the expenses incurred on its custody, disposal, handling etc shall, however, be credited to the suppliers account and set off against any outstanding dues of the supplier against the supplies. These provisions shall also apply equally against the replaced material. In case the material is again found to be defective within a period of 12 months of its replacement, it shall also have to be replaced similarly. 2.36 Warranty Deed: The supplier shall execute a Warranty deed on the Standard Performa to be supplied by the purchase, on a non-judicial stamp paper required for such deeds as per the relevant Act of the State in which it will be executed and signed and shall be kept valid for a period and conditions specified in paragraph 2.34 to cover the warranty period of the material to be supplied. The warranty deed shall be supplied immediately after placement of purchase order. 2.37 Bank Charges: All Bank charges will be borne by the prospective bidders 3: Part-2: Price Bid (Separate Sealed Cover-II)
Maharashtra Maritime Board, Mumbai

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Maharashtra Maritime Board, Mumbai

3.1

This part shall contain a complete price bid of the Bidders specifically indicating the applicable excise duty/Custom duty, sales tax, VAT, freight, insurance, Octroi, Packing & Forwarding charges, service tax and other statutory levies. In case, these are not indicated by the Bidders, the same shall be presumed to have been included in the quoted Prices. Rates quoted should be FOR Destination with price break up indicating custom duty, excise duty, sales tax/ VAT, transportation, foreign insurance, Octroi and other duties as applicable within the contractual period. If the tender is not in line with the above stipulations it will be out rightly rejected. Import License and Foreign currency required, if any, shall have to be arranged by the Bidder himself in case of Indian bidder. All the foreign bidders should quote their price in Indian Rupees or in US DOLLAR only. In case they quote in US DOLLAR, the same will be converted to Indian Rupees as per the prevailing B.C.(Buyers Credit) Selling exchange rate on the date of opening of the price bid and thereafter the financial evaluation will be carried out. Indian bidders should quote only in Indian Rupees. No provision exists for payment of foreign currency to the Indian bidders. The prices quoted shall be for delivery, commissioning of Dredger and training of MMB officials and crew members at Maharashtra Maritime Board, Mumbai The Bidders shall provide all the facilities for Inspection/ supervision of equipment by MMB representative or any authorized representative of MMB during fabrication/Construction/Erection/Commissioning at free of cost. Prices should be quoted both in figures & words. Earnest Money Deposit The Tender should be accompanied with Earnest Money amounting to Rs. 12,40,000/- (Rs. Twelve Lakh Forty Thousand Only) in the form of Bank Draft drawn in favour of Marine Engineer, Maharashtra Maritime Board, Mumbai payable at Mumbai, India. In case of foreign bidders, the Earnest Money amounting to or US $ 27000 (US dollar Twenty Seven Thousand only) through Demand Draft in favour of Marine Engineer, Maharashtra Maritime Board, Mumbai payable at Mumbai, India. THE TENDERS NOT ACCOMPANIED WITH REQUISITE EARNEST MONEY SHALL BE REJECTED. The Earnest money should be sealed in a separate sealed envelop clearly superscribed Earnest Money for Global Tender for supply of TWO Nos. Cutter Suction Dredger. Techno-Commercial Bid of only those Bidders shall be opened whose Earnest Money deposit is found to be in order. The Earnest Money deposit of the Successful bidder shall be refunded after three months after successful delivery, commissioning, trial of Dredgers at Mumbai. Receipt of Tenders:The tenders must be received in an overall sealed cover containing three envelopes sealed separately & superscribed as i) Techno-Commercial Bid ii) Price Bid, iii) Earnest Money Deposit, either delivered by hand on or before 20.10.2009 up to 11.00 hrs. (Indian Standard Time) Opening of Tenders: The tender shall be opened on 20.10.2009 at 1500 Hours. in the presence of Bidders or their authorized representative, who wish to attend, in the office of undersigned. First of all, the envelope

3.2

3.3

3.4

3.5

3.6

3.7

3.8 4: 4.1.

4.2.

4.3.

4.4

4.5

5: 5.1.

6: 6.1

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Maharashtra Maritime Board, Mumbai

meant for Earnest Money deposit shall be opened after opening of the over all envelope. The Techno-Commercial Bids shall be opened only of those Bidders whose Earnest Money deposit is found to be in order. The Price bids shall be opened on a later date to be announced subsequently after evaluation of Techno-Commercial Bids 7: 7.1. Pre-Bid Conference:A Pre-bid Conference shall be held in O/o Chief Executive Officer, Maharashtra Maritime Board, 13 Indian Mercantile Chamber, Ramajibhai Kamani Marg, Mumbai 400 001, India at 1100 Hours on 05.10.2009. Interested parties who wish may attend the same to seek any clarification about the scope of contract of work. The prospective bidder should go through the tender documents/specifications thoroughly before seeking the clarifications during pre-bid conference & these must be sent to the purchaser through EMail csmemmb@gmail.com/FAX02226231125 or 22614331 at least two days before the scheduled date of Pre-Bid conference. No queries of prospective bidders shall be entertained after the pre-bid conference. Final Trails In a) The Dredger shall undergo in Mumbai Harbour at the sole risk and cost of the Bidder all or any of the trials mentioned in the specifications as may be required by the Marine Engineer to demonstrate that neither the hull nor the machinery not any other part of the Dredger has received injury during transit/ voyage and that the whole Dredger is in good working condition and fully capable of performance of the specified standard when working under local conditions. b) The Bidder shall provide all necessary Officers crew , fuel, water and stores for these trials. Fuel and lubricants provided by the Bidder and remaining on board at the time of acceptance of delivery of the Dredger by the Marine Engineer shall be taken over free of cost. 8.2 Rejection or Reduction in Price in case of Deficiency in Performance a) If the performance of the Dredger, as determined from the final trials in Mumbai, falls below the acceptable limit, as stated in the tender, then the Dredger shall be rejected and the Maharashtra Maritime Board shall be entitled to refuse to take delivery of the Dredger and to terminate the contract without prejudice to other rights and remedies of the Maharashtra Maritime Board hereunder. The Bidder shall have the right to effect three repeat trials, if necessary before termination of the contract within 4 weeks from the date of rejection of the Dredger by the Marine Engineer without prejudice to the right of the Maharashtra Maritime Board for the liquidated damages for the delay and other rights vested in them hereunder.

8.1

b)

8.3

If the deficiency in performance is within the acceptable margin, then the Dredger shall be accepted subject to the penalty, as stipulated in the tender in cl. 2.13. Service of Notice Any notice to be given under the terms of this contract shall be served by sending the same by post to or leaving the same at the Bidders works or at the last known place of business or at his registered office.

c)

8.4

Cost of Drafting Approval Bank Guarantees etc. All costs, charges and expenses including the charges for drafting and / or approving the draft and the stamp duty in connection with the contract as well as Bank Guarantee in lieu of Security Deposit for the due performance of the contracts and or for the cost of the materials to be issued to the Bidder or the materials brought by the Bidder on any premises to carry out the contract work shall be borne by the Bidder.

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Maharashtra Maritime Board, Mumbai

To be sealed in second Envelope SCHEDULE B

SCHEDULE OF PRICES Price for Design, Construction , Supply and Delivery afloat to operate in the creeks and on the Coast of Maharashtra, India. Two nos. Cutter Suction Dredgers for MMB fully in accordance with the attached specifications and conditions of contract : For Design, Construction , Supply and Delivery afloat Dredgers 1. I / We shall build the dredger in our Works at 2. I / We shall conduct The Shop Test at 3. I / We undertake to deliver at Mumbai complete in all Two nos. Cutter Suction Rs.

respect for final trials and acceptance, the dredger within six months after signing of Agreement , ( Which to be completed with 15 days of acceptance of work order )

Witness : Name and Address : Date :

Suppliers Signature : Address :

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Maharashtra Maritime Board, Mumbai

To be sealed in second Envelope SCHEDULE C

SCHEDULE OF EXPERIENCE

I / We do give below the particulars of comparable type and size constructed and delivered by me / us in recent past :

Sr. No.

Brief Description

Year of Construction / delivery

Name and complete address of clients for correspondence

Tenderes Signature :

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Maharashtra Maritime Board, Mumbai

To be sealed in second Envelope

SCHEDULE D

SCHEDULE OF OPTIONAL SPARES FOR FIVE YEARS OPERATION

I / We do give below a list of additional spare parts with itemized costs which I / We consider would be sufficient to keep Dredger in satisfactory operation for five years. : The Maharashtra Maritime Board reserves the right to order all or none of the items in this Schedule at the rates, mentioned herein. The items listed in this Schedule are to be in addition to the equipment and spare parts enumerated in the specification which are to be necessarily supplied with the Dredgers . Sr. No. Description Price per unit ( Delivery at Mumbai ) Total estimated requirements ( for guidance ) Remarks

Tenderes Signature :

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Maharashtra Maritime Board, Mumbai

CONDITIONS OF CONTRACT ANNEXURE 1 FORM OF AGREEMENT This Agreement made at Mumbai the ------ day of ---- 200 between the Chief Surveyor and Marine Engineer, Maharashtra Maritime Board, Mumbai of the one part and ------- And having their office at ---------And Whereas the supplier the quotations their tender dated --------- which tender was subject to the terms and conditions as mentioned in their letter Nos. --------- as contained in the letter referred to in the Schedule A hereto respectively and which tender subject to the said terms and conditions was accepted by the Board by the letter of its Chief Surveyor and Marine Engineer bearing No. ---- dated -------- in respect ------ on ( part of the Schedule of Quantities and Rates to the said Tender ) And whereas the Bidders have / has deposited with the Board a sum of Rs. ------- ( Rupees ------only ) as Security for the due performance of this contract And whereas at the request of the Bidders ------------- Mumbai agreed by way of further Security for the due performance of this contract by the Bidders to pay to the Board on demand such sum or sums not exceeding Rs. ----( Rupees ------------- Only ) as the Board may require. NOW THIS AGREEMENT WITHNESSETH AS FOLLOWS : 1. 2. In this Agreement the words and expressions shall have the same meanings as are respectively assigned to them in the conditions of contract hereinafter referred to. The following documents shall be deemed to form and be read and construed as part of this Agreement, viz. a) the said tender, b) Instructions to Tenderers c) The General conditions, including the special conditions of contract. d) The Schedule of Quantities and Rates and other Schedules. e) The Schedule of Prices f) The Bidders and Marine Engineers letter referred to above/ in the Schedule A hereto, and g) The Acceptance of Tender by the said letter dated the ------ day of ------ 200------- from the Chief Surveyor and Marine Engineer of the Board to the Bidders b) Instructions to Tenderers including addendum to tenderers c) The General conditions, including the special conditions of contract. d) The Schedule of Quantities and Rates and other Schedules. e) The Schedule of Prices f) The Bidders and Marine Engineers letter referred to above/ in the Schedule A hereto, and g) The Acceptance of Tender by the said letter dated the ------ day of ----- 200------ from the Marine Engineer of the Board to the Bidders In consideration of the payment to be made by the Board to the Bidders as hereinafter mentioned the Bidder DO and each of them DOTH severally and jointly HERBY COVENANT with the Board to carry out and complete within the stipulated period ( time being of the essence of this contract ) the work of --------------- together with certain spares as mentioned hereto / and all other ancillary work / as described in the Drawings, in accordance with the specifications and in conformity in all respects with the provisions of the contract and to maintain / guarantee the same as provided in the Conditions of Contract / Specifications (hereinafter collectively called the Contract Work) THE BOARD DOTH HEREBY COVENANT to pay to the Bidders in consideration of the Bidders carrying out and completing within the stipulated period (time being of the essence of this contract ) the contract work to the entire satisfaction of the Marine Engineer of the Board in all respects the contract price / ( after taking into account the rebates of ----- % offered by the Bidder) / at the time and in the manner prescribed by the contract. IN WITHNESS WHEREFO the Bidders have / has hereunto subscribed and set his / their respective hand and seals/----------the duly Constituted Attorney of and for and on behalf of the Bidders has hereunto subscribed and set his hand and seat / the common seal of the Bidders hath been hereunto affixed and the Marine Engineer of the Maharashtra Maritime Board, Mumbai for and on behalf of the Board has set his hand and seal and common Seal of the Board hath been hereunto affixed the day and year first above written.

4.

Maharashtra Maritime Board, Mumbai

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Maharashtra Maritime Board, Mumbai

ANNEXURE II

BANK GUARNATEE FORM FOR PERFORMANCE SECURITY

To, Maharashtra Maritime Board, Mumbai WHEREAS --------------( Name and address of the supplier) (Herinafter called the Supplier)

has undertaken, in pursuance of contract no. -------- dated . to supply (description and Services) ( herein after called the contract). AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a bank guarantee by a scheduled commercial bank recogninsed by you for the sum specified therein as security for compliance with its obligations in accordance the contract AND WHEREAS we have agreed to give the supplier such a bank guarantee. NOW THEREFORE we hereby affirm that we are guarantors and responsible to you, on behalf of the supplier , up to a total of ------------ ( Amount of the guarantee in words and figures), and we undertake to pay you, upon your first written demand declaring the supplier to be in default under the contract and without cavil or argument, any sum or sums within the limits of (amount of guarantee) as aforesaid, without you needing to prove or to show grounds or reasons for your demand or the sum specified therein. We hereby waive the necessity of your demanding the said debt from the supplier before presenting us with the demand. We further agree that no change or addition to or other modification of the terms of the contract to be performed there under or of any of the contract documents which may be made between you and the supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of any such change, addition or modification. This guarantee shall be valid up to 30 (thirty) months from the date of Notification of Award i.e. up to --------(indicate date) -------------------------------------------------------(Signature with date of the authorized officer of the Bank) -----------------------------Name and designation of the officer -------------------------------------------------------Seal, name & address of the Bank and address of the Branch

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