Mumbai Port Trust: Tender No.

CIVIL ENGINEERING
DEPARTMENT
Mumbai Port Trust
Tender No.: CE. KALH/EPC/2018

DEVELOPMENT OF TOURISM PROJECT
AT KANHOJI ANGRE ISLAND, MUMBAI PORT ON
ENGINEERING, PROCUREMENT AND CONSTRUCTION
CONTRACT (EPC) BASIS.
AUGUST 2018
TENDER DOCUMENT
TENDER NO: CE. KALH/EPC/2018
TENDER DOCUMENT
FOR
DEVELOPMENT OF TOURISM PROJECT AT KANHOJI ANGRE ISLAND,
MUMBAI PORT ON ENGINEERING, PROCUREMENT AND CONSTRUCTION
(EPC) CONTRACT BASIS.
FIRST COVER
page i
TENDER DOCUMENT
FOR
TENDER ACTIVITY SHEET

TENDER SCHEDULE
Sr.. Particulars Date Time

No.
1. Tender e-publication date 20/08/2018 10:00 Hrs.
2. Document Download start date 20/08/2018 10:00 Hrs.
3. Document Download End Date 24/09/2018 15:00 Hrs.
4. Pre-Bid Meeting Date 05/09/2018 15:00 Hrs.
5. Replies to Pre-Bid Queries 12/09/2018 15:00 Hrs.
6. Bid Submission Start Date 14/09/2018 10:00 Hrs.
7. Bid Submission End Date 24/09/2018 15:00 Hrs
8. Technical Bid Opening Date 26/09/2018 11:00 Hrs.
9. Price Bid Opening Date Will be Conveyed subsequently after Technical Bid
Scrutiny
Chief Engineer,
Mumbai Port Trust,
Port House, Shoorji Vallabhdas Marg,
Ballard Estate, Mumbai - 400 001.
Tel. No. : 022-6656 4031
Fax No. : 022-2261 6804
Email : ce@mbptmail.com
Website : www.mumbaiport.gov.in
page ii
Annexure “A”
TENDER DOCUMENT
FOR
Undertaking by the Tenderer
To,
The Trustees of the Port of Mumbai.
I/We, M/s ____________________________________________ have

gone through the tender document carefully and hereby confirm as under.
The complete tender set i.e. First cover and Second cover for the subject
work as described in Clause No.3 of Notice Inviting Tender (NIT) and clause No.
3.3 of Part-i, Section-3 is submitted WITHOUT any defacement, addition,
alternation or interpolation. All such addition or alteration has been indicated
separately in our tender covering letter with all the relevant Annexure, Appendix
and Proforma duly filled in.
I/We have submitted with Bid Security and Tender fee in the manner
described in the Clause No.4.10, 4.15 of Instructions to Bidders and Clause No. 5
of NIT. I have uploaded / submitted tender on line as described in clause no 8 of
Tender notice.
I/We have not indicated anywhere in the first cover, the amount of our
price bid of work.
I/We have not made any counter stipulation and conditions and I/We
agree that in the event of any such counter conditions my/our tender will be
summarily rejected and such offer will not be evaluated and not considered at all
by you.
I/We have hereby declare that, all information furnished by me/us with this
tender is true to best of my/our knowledge, belief and in case, if it is found that,
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the information furnished is not true or partially true or incorrect, I/We agree that
my/our tender shall be summarily rejected without prejudice to the right of the
Board of Trustees of Port of Mumbai to take further action into the matter.
I/We have not made any payment or illegal gratification to any person/
authority connected with the bid process so as to influence the bid process and
have not committed any offence under the PC Act in connection with the bid.
Witness's : Tenderer's :
Signature Signature
Name : Name :
Designation : Designation :
Address : Address :
Tel. No. : Tel. No. :
Date : Date :
*****
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MUMBAI PORT TRUST
Tender No. CE. KALH/EPC/2018
CONTENTS
A.1 Notice Inviting Tender (NIT)
Instruction for online Bid Submission
Annexure –I, Proforma-I
Annexure –I, Proforma – II
Annexure – C
Annexure - D
A.2 PART - I : (A) QUALIFICATION and COMMERCIAL
(1) Glossary
(2) Disclaimer
(3) Introduction
(4) Instructions to Bidders
(5) Modified General Conditions of EPC Contract
(6) Conditions of Particular Application to this Project
(7) Form of Contract Agreement
(8) Fraud and Corrupt Practices
(9) Miscellaneous
(10) Appendix to Tender
(B) QUALIFICATION REQUIREMENTS (QR)
(1) Evaluation Parameters
(2) Technical & Financial Criteria for the purpose of Evaluation
(3) Details of Experience
(4) Forwarding Letter
(5) Other Documents
A.3 APPENDICES
I Forwarding Letter Comprising the Bid for the Project
Annex – I Details of Bidder
Annex – II Financial Capacity of Bidder
Annex – III Details of Eligible Projects
Annex – IV Statement of Legal Capacity
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II Format for Power of Attorney for signing the Bid
III Format for Power of Attorney for Lead Member of Consortium
IV Format for Joint Bidding Agreement for Consortium
V. Format for Bid Bond in the Form of Bank Guarantee
VI. Parent Company Guarantee
VII. Format for Price Schedule
Annex – I Schedule of Payments on Milestone Completion
Annex – II Schedule of Prices
VIII. Format for Performance Bank Guarantee
IX. Format for Advance Payment Bank Guarantee
X. DELETED
XI. Proforma of Undertaking that no changes have been made in the Tender
Documents downloaded by the Bidder
XII. PROFORMA OF UNDERTAKING THAT PART II: COMMERCIAL & PRICE BID
IS UNCONDITIONAL.
XIII Proforma of Undertaking re: illegal methods for influencing the Bid
process
XIV Proforma of Undertaking for disclosure of payment made/proposed to be
made to Intermediaries in connection with the Tender.
A.4 Schedules 1 to 7
CHECK LIST FOR SUBMITTALS
List of Drawings
B. PART II : COMMERCIAL and PRICE

(1) Preamble
(2) Schedule of Quantities and Rates
(3) Form of Tender
C. NOTE:
C.1 The Bidders should first check that they are in possession of all the pages of the complete
Set of TENDER DOCUMENT Documents as listed herein above. The Bidders should ensure
that all pages are in correct sequence and that none is missing. Any deficiency, lack of clarity
or discrepancy should be notified immediately in writing to the Employer for rectification
sufficiently before the Tender Due Date. No queries or complaints will be entertained in
this regard after the Tender Due Date.
C.2 The Bidders must also carefully examine all the Tender Documents, including the Modified
General Conditions of the Contract and Conditions of Particular Application (collectively
“Contract Conditions) and the tasks, obligations and responsibilities envisaged to be
undertaken by them under the Contract if and when the same is awarded to them.
page vi
MUMBAI PORT TRUST
NOTICE INVITING TENDER (NIT)
1. Digitally signed and uploaded, Online bids under Single Stage Two Cover
system under Item Rate Basis are invited by the Chief Engineer on behalf of Trustees
of the Port of Mumbai (also referred to as Mumbai Port Trust) from the experienced,
resourceful Heritage Conservation firms with proven technical and financial
capabilities of executing for “DEVELOPMENT OF TOURISM PROJECT AT KANHOJI
ANGRE ISLAND, MUMBAI PORT” (the “Project”) through an Engineering, Procurement
and Construction (the “EPC”) contract basis as per following details:
Estimated Project Cost Rs 853 Lakh

Cost of Bid document Rs.26,250/- including GST (Non refundable)
Issue of Bid document From 20/08/2018 to 24/09/2018 between
10.30 hrs to 15.00 hrs
Bid Bond/Security Rs 18 lakhs
Pre-bid Meeting 05/09/2018 at 1500 hrs
Last date and time of submission 1500 hours on 24/09/2018
of Bids
Date and time of opening the 11.00 hours on 26/09/2018
Bids
2. Eligibility Criteria - The Bidder shall meet the following minimum eligibility
criteria:
(A) Financial Capacity:
The Applicant must satisfy the following financial requirements as per their
latest audited Financial Statements/Balance Sheets:
Minimum Average Annual Turnover of Rs. 255.91 Lakh (Rupees Two hundred
Seventy Six Lakh and Sixty thousand) during last three financial years ending 31st
March, 2018.
(B) Technical Criteria:

(a) The Bidder should have satisfactorily completed the works as mentioned
below during the last 7 years ending 31st July 2018.
i) Three similar works, each costing not less than Rs. 341.21 Lakh
or
ii) Two similar works, each costing not less than Rs.426.51 Lakh
or
iii) One similar work costing not less than Rs.682.42 Lakh
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“Similar Work” means the firm should have carried out the development of garden /
cultural park / Echo Park / resort or development of tourist destination on water
front / on island / land having site development area of minimum 5 Acres.
Note:
The firm shall have successfully completed ‘similar work/s’ as ‘Prime
contractor’ or ‘proportionately as a member of Joint Venture’ or approved
sub-contractor’ from the Principal Employer with reference being
submitted to confirm satisfactory performance from the employer.
3. SALIENT FEATURE OF THE WORK:
Kanhoji Angre Island is to be developed as Tourist Destination with all the
amenities, which is required for visiting International/national tourist as per the
required standard to meet their need and aspiration. The Island dose with a light
house having great heritage significance and the entire island has got historical as well
as heritage value. The tourist destination should be developed on the theme of
heritage area development by maintaining the unique identities of the island. The
architectural and structural design of the structures to be provided should be
environment friendly, the materials to be used wood/bamboo for the construction of
any structure.
Entire development should follow the concept plan (attached). As per the plan
entire area of development is divided in seven zones. Further all zones are identified
with works to be carried out in that particular zone (copy of Project Information
Memorandum is enclosed). Tentative works are identified in the area in which the
works should be done. These are some of the works to be carried out in the entire
area for development:
1a. Development of landscape garden, sitting and viewing spots, surface
development for setting the camps.
1b. Construction of waiting area and information kiosk in temporary

wooden structure.
1c. Construction of eatery / cafeteria in temporary structure in

wood/bamboo.
1d. Construction of souvenir shop.
1e. Construction of wooden kiosk for snacks, wooden storage shed and
changing rooms.
1f. Revamping of existing rooms in light house building.
1g. Development of restaurant in existing canteen and store.
1h. Construction of Gazebo.
1i. Semi paved pathway, trekking path, hardscaping area etc.
1j. Providing public amenities (water dispenser and bio-toilets).
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1k. Constructing compost plant, rain water harvesting facility.
1l. Providing temporary tents, adventure water sports equipments,

Planters, Garden Furniture etc.
1m. Providing D. G. set of 25 kva.
1n. Providing solar paneling (150 kw).
1o. Providing lighting in the area, illumination throughout

decorative/diffused lights etc.
1p. Providing fire-fighting system, emergency service (Medical /First-Aid)

infrastructure, Sewage treatment plant, waste disposal system etc.
4. Joint Venture/ Consortium:

A. Joint Venture: The bids from Joint Venture with two firms will be
considered. Both partners of Joint Venture shall be legally liable, jointly and
severally during the bidding process and for execution of contract in
accordance with the contract terms. Joint Venture shall declare the lead
partner in their MOU. The share of Lead partner shall not be less than 51%
in Joint Venture. The Memorandum of Understanding (MOU) executed by
the JV members shall be submitted along with the tender.
a. The Partners of JV shall meet the Financial Criteria individually/
collectively.
b. The combine technical experience of JV partners must meet all the
specified technical experience criteria.
c. Lead Partner shall be the authorized member to act as single point
contact and be responsible on behalf of the JV.
d. A member of JV firm shall not be permitted to participate either in
individual capacity or as a member of another JV firm for subject
tender.
e. In case of Joint Venture, the Tender Document shall be purchased in the
name of Lead partner or in the name of JV.
B. Consortium: The Consortium between maximum of three firms can be

formed. All members of Consortia shall be legally liable, jointly and
severally during the bidding process and for execution of contract in
accordance with the contract terms. Consortia shall declare the lead
partner in their MOU. The share of Lead partner shall not be less than 51%
in Joint Consortia. The Memorandum of Understanding (MOU) executed
by the Consortium members shall be submitted along with the tender
a. The Lead Partner of the Consortium shall meet the Financial Criteria
individually.
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b. The combine technical experience of Consortium partners must meet all
the specified technical experience criteria.
c. Lead Partner shall be the authorized member to act as single point
contact and be responsible on behalf of the Consortium.
d. A member of Consortium firm shall not be permitted to participate either
in individual capacity or as a member of another Consortium firm for
subject tender.
e. In case of Consortium, the Tender Document shall be purchased in the
name of Lead partners or in the name of Consortium.
Note: MOU shall be on Non Judicial stamp paper duly notarized.

5. Procedure for obtaining Tender Document:
(a) The Bid Document can be downloaded from MbPT website
www.mumbaiport.gov.in and/or www.eprocure.gov.in. The Bidder has to
pay the tender fee of Rs. 26,250/- (inclusive of GST) in the form of
Demand Draft/Pay Order drawn in the name of “The Board of Trustees
of the Port of Mumbai”. The downloading of the tender document shall
be carried out strictly as provided on the website. No editing,
addition/deletion of matter is permitted.
(b) The bidder is responsible to download Addendums / Amendments /
Errata / replies to the queries of the bidder etc. if any, issued by the
employer, from web site before the submission of the Bid Document.
Any shortfall in submissions of the said Addendum / Amendments /
Errata / replies to the queries of the bid document, etc. along with the
downloaded documents while submitting the bid documents will not be
considered. Incomplete Bid documents shall be rejected outright.
(c) In case Joint Venture (JV)/Consortium, the Tender Document shall be
purchased in the name of any one of the Joint Venture partners or in
the name of JV.
(d) The tender documents are NOT TRANSFERABLE.
(e) The applicant shall be responsible for all costs associated with the
preparation, submission and participation in the pre-qualification
process.
(f) The Tenderer shall furnish complete information in respect of their firm
in Performa 1 to 2 enclosed with the Tender Notice.
6. Bid Submission-
6.1 The detailed procedure for online bid submission has been provided in
“Instructions for Online Bid Submission” of this tender.
page x
6.2 Complete bid submission is online on the website www.eprocure.gov.in
Bidders shall have to submit sealed cover containing Banker’s Pay Order
or Demand Draft towards Tender Fees and EMD only in the box provided
in the Imprest office of the Civil Engineering Department, Mumbai Port
Trust, Port Bhavan, 3rd Floor, Shoorji Vallabhdas Marg, Fort, Mumbai
400001 on or before the Due Date and Time.
6.3 The Bidders will submit their offers online in the appropriate cover
mentioned on the site. The bidder s will have to sign the documents
wherever required and upload the scanned copies of those signed
document along with their bids
Sr.No. Documents to be submitted online Documents to be submitted
. in physical mode
1 Scanned copy of the submitted Banker’s Pay Banker’s Pay Order or
Order or Demand Draft towards cost of Demand Draft towards cost
tender fees. of tender fee.
2 Scanned copy of the submitted Bankers’ Pay Banker’s Pay Order or
Order or Demand Draft OR Bank Guarantee Demand Draft OR Bank
towards Bid Security. Guarantee towards Bid
Security.
3 Scanned copy of Undertaking, Letter of NIL
Application (On the Letter Head of the
Bidder), ECS Mandate.
(Annexure A,B, C)
4. Scanned copy of Supporting Documents for NIL
Eligibility criteria mentioned in Tender Notice.
(Annexure I Proforma 1&2)
5. Scanned copy of Integrity Pact – Annexure D NIL
6 A Scanned copy of concept plan region wise Nil
considered by the bidder for development in
their Bid.
7 Technical Bid First Cover in full duly filled in NIL
and signed at required places
8. Technical Specifications NIL
9. Financial Bid Second Cover alongwith NIL

Bill of Quantities (BOQ) and Form of Tender
in full duly filled in and signed at required
places
The bidders shall submit the actual financial instruments i.e. pay
order/Demand Draft/Bank Guarantee towards cost of Tender Fees/Bid
Security in the Imprest Office, Civil Engineering Department, Port Bhavan,
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3rd Fioor, Shooraji Vallabhdas Marg, Fort, Mumbai 400001 on or before
the Due and Time.
6.4 PART – II - Price Bid: The bidder shall submit his offer in BOQ online in
the format provided in Price Bid and no other format is acceptable. The
price bid has been given as PDF file with the tender document, and the
same is to be downloaded and filled by the bidder. The bidder should
submit the scanned price bid after filling all the figures according to the
Instructions for Online Bid Submission and instructions at e-Procurement
website https://eprocure.gov.in. Price bid should not be submitted in hard
copy format in any case.
6.5. Bids will not be considered in case the BID SECURITY / EMD and or
Tender Fee is not submitted in the form and manner described above.
7. The tenders shall remain valid for a period of 180 days from the date of
opening of the tenders.
8. The downloading and submission of Tender Documents shall be carried
out as mentioned in the tender set and instructions at e-Procurement
website https://eprocure.gov.in. No editing, addition/ deletion of matter
shall be permitted.
9. Sealed Cover as described above which if submitted after due date and
time, will be considered as Late Bid and will not be accepted. Such sealed
cover received shall be returned unopened to the Bidder. The online bid
submitted by such bidder will not be opened. Bidders to note that MbPT
shall not be responsible for late receipt of any bid due to postal delays or
any other delay for whatsoever reason.
10. The Liquidated Damages for each day's delay to complete the work
covered under this tender is 0.5% of the contract price for delay of each
week or part thereof in completion of work subject to a maximum ceiling of
10% of the contract price, which will be recoverable as set out in Clause
No.5.40 of the Modified Conditions of Contract hereinafter contained.
However, if the work is delayed by more than 25% of the contracted
completion period, the contract is liable to be terminated and the balance
works shall liable to be got completed by MbPT through other agency at
the risk and cost of the defaulting contractor.
11. The tenderers are requested to obtain certificate of Registration under Rule
No.24 of the building and other Construction Workers Central Rules1998
from the office of the Dy. Chief Labour Commissioner (Central) IV,
Mumbai.
12. The bidders shall give an undertaking as per Annexure-’B’ that they have
not made any payment or illegal gratification to any person/ authority
connected with the bid process so as to influence the bid process and have
not committed any offence under the PC Act in connection with the bid.
page xii
13. The bidders shall disclose any payments made or proposed to be made to
any intermediaries (agents etc.) in connection with the bid.
14. The Board of Trustees of Port of Mumbai reserve the right to reject any or
all tenders without assigning any reasons thereof.
15. The rate quoted by the contractor shall be exclusive of GST but inclusive
all other incidental charges that the contractor may have to bear for the
execution of the works.
Any new taxes that will be made applicable during the course of execution,
will be reimbursed at actuals on production of proof of remittance after
taking in to consideration the tax component build in the existing BOQ.
Contractor should separately attach statement as required above on
letterhead duly signed by authorised signatory in the second cover.
16. The contractor shall comply with the Employee State Insurance Act 1948,
Government of India, Ministry of Labour and employment notification dated
28.07.2009 & provide the ESI code No. & updating the contribution
towards the ESIC. Contractor has to submit proof of remittance of wages to
bank account of his employees and labours, receipts towards Payment of
ESIC and PF along with each bill. His payment will not be released if he
fails to provide such details along with each bill.
17. The successful 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. Employees Provident Fund Act (EPF),
ESIC regulations and any statutory amendment or re-enactment thereof for
the time being in force.
18. Adoption of Integrity Pact -
An Integrity Pact has been incorporated for all Engineering contract works
costing more than Rs.45 lakh. The name of the Independent External
Monitor is being displayed on MbPT Website. The bidder has to execute
Integrity Pact Agreement with Mumbai Port Trust (as per Annexure D). Shri
P.K Gopinath, IPoS (Retd.) has been nominated as Independent External
Monitor for the implementation of Integrity Pact whose address is as
under:
C-1/143, Bapanagar
Behind Delhi High Court
New Delhi- 110003
E mail: krishnagopinath@myway.com
page xiii
Scanned Copy of Pre-Contract Integrity Pact (as per Annexure 8) is
to be uploaded along with the bid.
19. Fraudulent documentation by bidders-
A. Submission of fraudulent documents shall be treated as major violation of
the tender procedure and in such cases the Port shall resort to forfeiture of
BID SECURITY of the bidder, apart from blacklisting the firm for the next 3
years.
B. List of black listed bidders will be published on port’s website.
20. Third Party monitoring of works/ projects-

A. Third party supervision shall be resorted to in respect of this contract.
B. Provision of third party supervision of works to be made where the in
house expertise is not available.
C. Third party empanelment to be done by the IPA/ Mumbai Port Trust
through a transparent mechanism.
D. Third party supervision charges shall be borne by MbPT.
21. Tenderer is responsible to purchase / download Tender document and
download Addendums/ Amendments / Errata/ Replies to the queries of the
Party etc., if any, issued by MbPT, from the website before submission of
the Tender. The tenderer shall submit duly signed copies of Addendums/
Amendments / Errata/ Replies to the queries of the Party etc. along with the
purchased or downloaded documents while submitting the Tender.
22. The Tenderer should note that they have to provide sufficient facilities
as envisaged under clause No. 5.5 of Modified Conditions of Contract.
23. For any details /clarification Dy. Chief Engineer, MOT can be contacted on
66564515 and e-mail ce@mbptmail.com
24. Bid Security in the form of Bank Guarantee in the name of bidders shall be
drawn by the firm or by lead partner of Joint Venture or by Joint
Venture/Consortium will be accepted. The validity of the BG shall be for
period up to six months from the date of opening of Technical cover before
issue of corrigendum for time extension if any.
25. Bid Security shall be in the form of Bank Guarantee/Demand Draft issued in
favour of the Employer by a Nationalised Bank or Scheduled Bank
operating in India, enforceable and encash able at Mumbai and it shall
remain to be valid for a period of 180 (one hundred and eighty) days plus 60
days claim period, calculated from the Bid Due Date.
26. The Board of Trustees of Port of Mumbai reserves the right to reject any or
all tenders without assigning any reason or to accept any tender in whole or
in part(s).
27. Offer received from tenderer with counter conditions will be summarily
rejected and such offers will not be evaluated and considered at all.
page xiv
28. This notice shall form part of the Bid document and shall be duly signed and
submitted along with the Bid by the bidders.
29. Goods and Service Tax (GST) as applicable shall be reimbursed to the
contractor through the bills payable. However, the taxes like Income Tax
etc. will be deducted at source as applicable as per prevailing rules and
regulations.
30. Defect liability period:
The Defect Liability Period for the works under this Tender will be one year
from the date of completion of entire work under the tender
Chief Engineer
Mumbai Port Trust
Fax: 022 22616804
Email:ce@mbptmail.com
Website:www.mumbaiport.gov.in
page xv
MUMBAI PORT TRUST
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 enrol 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 Enrolment” 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
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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 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 / Bid
Security / EMD as applicable and enter details of the instrument.
page xvii
4) Bidder should prepare the Bid Security / 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.
5) Bidders are requested to note that they should necessarily submit their online
financial bids in the format provided in the tender 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 it and complete the
white coloured (unprotected) cells 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.
8) The uploaded tender documents become readable only after the tender
opening by the authorized bid openers.
9) 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.
10) The bid summary has to be printed and kept as an acknowledgement of the
submission of the bid. This acknowledgement may be used as an entry pass for any
bid opening meetings.
ASSISTANCE TO BIDDERS
page xviii
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.
*******************************
page xix
Annexure I, Proforma – 1
(Page 1 of 2)
MUMBAI PORT TRUST

Information to be furnished by the Tenderer

(Ref: Clause Nos.2 & 4 of the Tender Notice)
1. Name of the Tenderer:
(In case of Joint Venture, tenderer is required to submit
a Joint Venture Agreement between the parties)
2. Registered Office Address:
3. Telephone Nos.:
4. Fax Nos.:
5. Signatory to the Tender:
(on whose name Power of Attorney has been issued)
Name:
Position held in the firm:
Mobile No.:
6. Permanent Income Tax Account No. (PAN) of the firm:

7. Registration No. For GST :
page xx
Annenxure I, Proforma 1
(Page 2 of 2)
8. Average Annual Financial Turn-over of the

Tenderer during last three years ending
31st March 2018.
(Details to be furnished as per Proforma 1)
9. Experience of similar works executed by the tenderer (Ref. clause No. 2 of Tender Notice).
Name of Three similar works Name of Two similar works Name of One similar work
completed during last seven completed during last seven completed during last seven
years ending years ending years ending
31st July 2018 31st July 2018 31st July 2018

as per eligibility as per eligibility as per eligibility
1) 1) 1)
O 1.1.1.1.1 O
R R
2)
2)
3)
Notes : Complete details of the above works to be furnished as per Proforma 2.
10. List of other Documents to be furnished by the tenderer:
i) Power of Attorney of signatory to Tender (Notary attested copy)
page xxi
Certified/ attested copies of following documents
ii) Names, Addresses & ages of partners and Deed of Partnership OR Memorandum
and Articles of Association of the Company
iii) Latest Annual Report with Balance Sheet, Profit & Loss Account statement
(Certified by Chartered Accountant)
iv) Copy of PAN card issued by Income Tax authorities.
v) Attested copy of TDS certificate or Form 26 AS.
Signature of Tenderer : ____________________
Name of the Signatory : __________________________
Date : _________________________
Seal of the Tenderer
page xxii
Annexure I, Proforma – 2
MUMBAI PORT TRUST
ANNUAL FINANCIAL TURNOVER OF THE TENDERER
During Last Three Years Ending on 31-03-2018
( Ref : Clause 2 of the Tender Notice )
Financial Turnover
Financial Year
Rs. in Lakhs
2017 - 2018
2016 - 2017
2015 - 2016
Average Annual Turnover
Note : Signature of Chartered Accountant is a must.
NAME, SIGNATURE & SEAL OF

CHARTERED ACCOUNTANT NAME, SIGNATURE
& SEAL OF TENDERER :
DATE : DATE :
page xxiii
ANNEXURE “C”
ELECTRONIC CLEARING SERVICE MANDATE FORM
To: From :
(Firm’s Name & Address)
(Name of Department)
Mumbai Port Trust
Sub: Payment through NEFT/RTGS/ECS system
Ref: Tender No._____________________________

Kindly arrange the payment of our bills/BID SECURITY through
NEFT/RTGS/ECS system.
The details of our bankers are as under:
1. MBPT Registration No./Tender No./:_____________________________

Party’s Bill No. or any other reference
in terms of which payment is due:
2. Bank’s Name::_____________________________
3. Bank’s Address & Telephone Number:_____________________________
4. 9 digit MICR Code No. of the Bank Branch
:_____________________________
5. IFSC Code :_____________________________
6. Type of Account :_____________________________
(Saving/Current/Cash Credit)
7. Ledger Folio No. :_____________________________
8. Account No. alongwith proof:_____________________________
(photocopy of blank cheque)
9. Permanent Account Number :_____________________________
10. Mobile Number:_____________________________
11. Landline No. :_____________________________
I/We hereby declare that the particulars given above are correct and complete.
If the transaction is delayed or not effected at all due to reasons of incomplete or
incorrect information, I/We would not hold the Mumbai Port Trust responsible.
Date : AUTHORISED SIGNATORY
COMPANY SEAL AND
STAMP
page xxiv
Certified that the particulars furnished above are correct as per our records.
Bank’s Stamp Signature of the
Authorised
Date : Official of the Bank
page xxv
ANNEXURE “D”
(Page 1 of 2)
Letter of Application
(On the Letter Head of the Bidder)
To:
The Chief Engineer,
Mumbai Port Trust, Shoorji Vallabhdas Marg,
Mumbai 400 001
Sub.: Tender No. CE. KALH/EPC/2018 - DEVELOPMENT OF TOURISM

PROJECT AT KANHOJI ANGRE ISLAND, MUMBAI PORT ON
ENGINEERING, PROCUREMENT AND CONSTRUCTION (EPC) CONTRACT
BASIS.
Sir,
1. We hereby request to be qualified with the Mumbai Port Trust as a
Tenderer for the subject work under Tender No. CE. KALH/EPC/2018.
2. We authorise Mumbai Port Trust or its authorised representatives
to conduct any investigations to verify the statements, documents
and information submitted and to clarify the financial and technical
aspects of this application. For this purpose, we hereby authorise
(any public official, engineer, bank, depository, manufacturer,
distributor. etc.) or any other person or firm to furnish pertinent
information deemed necessary and requested by Mumbai Port Trust
to verify statements and information provided in this application or
regarding our competence and standing.
3. The names and positions of persons who may be contacted for
further information, if required, are as follows:
Name : ____________________________
Designation: _____________________________
Telephone : ________________________________
E-mail id : ________________________________
4. We declare that the statements made and the information
provided in the duly completed application are complete, true and
correct in every detail. On verification at any time in the future if it is
found that information furnished with this application and statements
made therein are not true, incomplete or incorrect, we hereby
authorise Mumbai Port Trust to reject our application.
page xxvi
(Page 2 of 2)
5. We agree for unconditional acceptance of all the terms and
conditions set out in the bid document and also agree to abide by
this bid response within the validity period of the subject tender.
6. I/We understand that Mumbai Port Trust reserves the right to
reject any application without assigning any reason thereof.
7. It is hereby confirmed that I/We are entitled to act on behalf of

our corporation / company / firm / organization and empowered to
sign this document as well as such other documents, which may be
required in this connection.
dated this _____________day of _____ 2017
(Signature) (In the capacity of)
Duly authorised to sign the Bid Response for and on behalf of:
(Name and Address of Company) Seal/Stamp of bidder
page xxvii
ANNEXURE – ‘E’
INTEGRITY PACT 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
page xxviii
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.
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 B i d d e r /Contractor w i l l n o t enter w i t h o t h e r B i d d e r s
i n t o a n y u n d i s c l o s e d 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.
page xxix
(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 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
page xxx
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/ Sub-contractors
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.
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 acce pts that, the monitor has the right
to access, without restriction to all Project documentation of the
page xxxi
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.
page xxxii
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.
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

CHIEF ENGINEER
MUMBAI PORT TRUST
Witness-1 : ..................................... Witness-2 :
.................................
Name Name
Address Address
Date : /_ /2018
Place:
Mumbai
page xxxiii
MUMBAI PORT TRUST

PART - I
QUALIFICATION & COMMERCIAL
page xxxiv
Part - I – QUALIFICATION & COMMERCIAL
TABLE OF CONTENTS
1 PART - I - (SECTION - 1) : GLOSSARY ................................................................................................ 39
2 PART - I - (SECTION - 2) : DISCLAIMER ............................................................................................. 41
3 PART - I – (SECTION - 3) : INTRODUCTION ...................................................................................... 43
4 PART - I – (SECTION - 4) : INSTRUCTIONS TO BIDDERS (ITT) .............................................................. 60
4.1 Examination and Detailed Study of the Project ......................................................................... 60
4.2 Eligibility Criteria of Bidders ..................................................................................................... 60
4.3 Number of Tenders and costs thereof ....................................................................................... 66
4.4 Acknowledgement by the Bidder ............................................................................................. 66
4.5 Right to accept or reject any or all Tenders ............................................................................... 66
4.6 Conditions of Contract ............................................................................................................. 67
4.7 Reference to Codes and Standards ........................................................................................... 68
4.8 Site Visit ................................................................................................................................. 68
4.9 Pre-Bid Meeting ...................................................................................................................... 68
4.10 Bid Bond / Security in the form of Bank Guarantee/ Demand Draft ............................................ 68
4.11 Two Parts of Tender Submission Process .................................................................................. 69
4.12 Instructions Common to all Parts ............................................................................................. 71
4.13 Currency of Tender and Payment ............................................................................................. 72
4.14 Preparation and Marking of Tender Documents ........................................................................ 72
4.15 Sealing and Submission of Tender Documents .......................................................................... 73
4.16 Deadline for Submission of Tenders ......................................................................................... 73
4.17 Late Tenders ........................................................................................................................... 73
4.18 Modifications and Withdrawal of Tenders ................................................................................ 73
4.19 Tender Opening Process .......................................................................................................... 74
4.20 Evaluation and Selection of Bidder ........................................................................................... 75
4.21 Process to be Confidential ....................................................................................................... 75
4.22 Scrutiny of Tenders for Determination of their Responsiveness .................................................. 75
4.23 Correction of Arithmetical Errors .............................................................................................. 76
4.24 Award of Contract ................................................................................................................... 76
4.25 Employer’s Right to Accept and/or to Reject any or all Tenders .................................................. 76
4.26 Notice of Acceptance (“NoA).................................................................................................... 77
4.27 Signing of Contract Agreement................................................................................................. 77
4.28 Performance Security in the form of BG .................................................................................... 77
4.29 Material Breach of Contract ..................................................................................................... 77
4.30 Assignment of the Contract ..................................................................................................... 77
5 PART I – (SECTION – 5) – MODIFIED GENERAL CONDITIONS OF EPC CONTRACT .................................. 79
5.1 PREAMBLE .............................................................................................................................. 79
5.2 DEFINITIONS AND INTERPRETATION ......................................................................................... 79
5.3 CONTRACT DOCUMENTS AND OTHER DOCUMENTS .................................................................. 82
5.4 CONTRACT AGREEMENT .......................................................................................................... 83
5.5 CONTRACTOR'S OBLIGATIONS ................................................................................................. 86
5.6 DESIGN ................................................................................................................................... 87
5.7 ASSIGNMENT OF CONTRACTS .................................................................................................. 90
5.8 ASSIGNMENT OF SUB-CONTRACTS ........................................................................................... 90
5.9 PERFORMANCE SECURITY ........................................................................................................ 90
5.10 SUFFICIENCY OF THE CONTRACT PRICE ..................................................................................... 91
5.11 PROGRAMME AND PROGRESS REPORTS ................................................................................... 91
5.12 CONTRACTOR’S ORGANISATION .............................................................................................. 92
5.13 CONTRACTOR'S PERSONNEL .................................................................................................... 93
Page xxxv
5.14 SETTING-OUT .......................................................................................................................... 94
5.15 SITE DATA ............................................................................................................................... 94
5.16 SAFETY, SECURITY AND ENVIRONMENT .................................................................................... 94
5.17 CARE OF WORKS ..................................................................................................................... 96
5.18 INSURANCE ............................................................................................................................ 97
5.19 RISK AND RESPONSIBILITY ..................................................................................................... 100
5.20 COMPLIANCE WITH STATUTES, REGULATIONS ........................................................................ 100
5.21 FOSSILS ................................................................................................................................ 100
5.22 RIGHTS AND ROYALTIES......................................................................................................... 100
5.23 AVOIDANCE OF INTERFERENCE .............................................................................................. 101
5.24 CONTRACTOR'S RESPONSIBILITY - TRANSPORT OF MATERIALS ................................................. 101
5.25 OTHER CONTRACTORS ........................................................................................................... 102
5.26 KEEPING THE SITE CLEAR ....................................................................................................... 103
5.27 USEAGE OF WATER FRONT BY THE CONTRACTOR .................................................................... 103
5.28 LABOUR................................................................................................................................ 104
5.29 RETURNS OF LABOUR AND CONTRACTOR'S EQUIPMENT ......................................................... 106
5.30 PLANT, MATERIALS, AND WORKMANSHIP .............................................................................. 106
5.31 PROCEDURE FOR COVERING UP ............................................................................................. 108
5.32 IMPROPER WORK ................................................................................................................. 108
5.33 SUSPENSION ......................................................................................................................... 109
5.34 COMMENCEMENT & COMPLETION OF WORKS........................................................................ 110
5.35 POSSESSION OF SITE.............................................................................................................. 110
5.36 TIME FOR COMPLETION ......................................................................................................... 110
5.37 EXTENSION OF TIME FOR COMPLETION .................................................................................. 110
5.38 RESTRICTION ON WORKING HOURS ....................................................................................... 111
5.39 RATE OF PROGRESS ............................................................................................................... 111
5.40 LIQUIDATED DAMAGES ......................................................................................................... 112
5.41 BONUS CLAUSE ..................................................................................................................... 112
5.42 TESTS ON COMPLETION ......................................................................................................... 112
5.43 TAKING-OVER CERTIFICATE BY ENGINEER ............................................................................... 113
5.44 TESTS AFTER COMPLETION .................................................................................................... 114
5.45 DEFECTS LIABILITY ................................................................................................................. 115
5.46 PERFORMANCE CERTIFICATE .................................................................................................. 117
5.47 APPROVAL OF WORKS ........................................................................................................... 118
5.48 CONTRACTOR TO SEARCH ...................................................................................................... 118
5.49 VARIATIONS AND ADJUSTMENTS ........................................................................................... 118
5.50 VALUATION OF VARIATIONS AND DAYWORKS ........................................................................ 123
5.51 PROCEDURE FOR CLAIMS ....................................................................................................... 124
5.52 CONTRACTOR'S EQUIPMENT, TEMPORARY WORKS AND MATERIALS ....................................... 125
5.53 DETAILS OF WORKS TO BE EXECUTED ..................................................................................... 126
5.54 NOMINATED SUB -CONTRACTOR ........................................................................................... 126
5.55 CERTIFICATES AND PAYMENTS ............................................................................................... 126
5.56 REMEDIES ............................................................................................................................. 130
5.57 URGENT WORKS ................................................................................................................... 131
5.58 SPECIAL RISKS ....................................................................................................................... 131
5.59 RELEASE FROM PERFORMANCE .............................................................................................. 133
5.60 SETTLEMENT OF DISPUTES AND ARBITRATION ........................................................................ 133
5.61 NOTICES ............................................................................................................................... 134
5.62 DEFAULT OF EMPLOYER......................................................................................................... 134
5.63 TAXES AND DUTIES................................................................................................................ 135
5.64 DIVING OPERATIONS ............................................................................................................. 135
5.65 USE OF EXPLOSIVES ............................................................................................................... 135
5.66 OBSERVANCE OF CONSERVANCY AND ENVIRONMENT ............................................................ 136
5.67 CONTRACTOR'S TEMPORARY WORKS, OFFICE ETC ................................................................... 136
5.68 DETAILS TO BE CONFIDENTIAL - DRAWINGS AND PHOTOGRAPHS ............................................ 136
5.69 WATER AND POWER SUPPLY FOR CONSTRUCTION .................................................................. 136
5.70 AS-BUILT DRAWINGS ............................................................................................................. 136
Page xxxvi
5.71 PROGRESS PHOTOGRAPHS / VIDEO FILMS, ETC ....................................................................... 137
5.72 QUALITY ASSURANCE ............................................................................................................ 137
5.73 PROGRESS REVIEW MEETINGS ............................................................................................... 137
5.74 SEIGNIORAGE CHARGES......................................................................................................... 138
5.75 Contractor’s Work Area ......................................................................................................... 138
6 PART - I – (SECTION - 6) : CONDITIONS OF PARTICULAR APPLICATION ............................................. 139
7 PART - I – (SECTION - 7) : FORM OF AGREEMENT ........................................................................... 146
8 PART - I – (SECTION - 8): FRAUD AND CORRUPT PRACTICES ........................................................... 150
9 PART - I – (SECTION - 9) : MISCELLANEOUS .................................................................................... 152
10 PART - I – (SECTION - 10) : APPENDIX TO TENDER .......................................................................... 153
(B) QUALIFICATION REQUIREMENTS (QR)
1 Evaluation Parameters .................................................................................................................. 154
2 Technical & Financial Criteria for the purpose of Evaluation ............................................................ 154
3 Details of Experience .................................................................................................................... 155
4 Forwarding Letter ......................................................................................................................... 155
5 Other Documents
APPENDICES
I Forwarding Letter Comprising the Bid for the Project
Annex –II Financial Capacity of Bidder
II Format for Power of Attorney for signing the Tender
III Format for Power of Attorney for Lead Member of Consortium
IV Format for Joint Bidding Agreement for Consortium
V Format for Bid Bond in the Form of Bank Guarantee
VI Parent Company Guarantee
VII Format for Schedule of Prices
Annex – I Schedule of Payments on Milestone Completion
Annex – II Schedule of Prices
VIII Format for Performance Bank Guarantee
IX Format for Advance Payment Bank Guarantee
X DELETED
XI. Proforma of Undertaking that no changes have been made In the Tender Documents
downloaded by the Bidder or issued to the Bidder by the Employer
XII Proforma of Undertaking that Part II: Commercial & Price Bid is unconditional.
XIII Proforma of Undertaking that no illegal methods have been used to influence the Bid process
XIV Proforma of Undertaking for disclosure of payment made/proposed to be made to Intermediaries in
connection with the Tender
XV Deleted
PART II : COMMERCIAL and PRICE BID
(1) Preamble
(2) Schedule of Quantities and Rates
(3) Form of Tender
Page xxxvii
SCHEDULES 1 to 7
CHECK LIST FOR SUBMITTALS
(TO BE FILLED IN BY BIDDER)
Page xxxviii
1. PART - I - (SECTION - 1) : GLOSSARY
2. The terms “Tender” and “Bid” * and their derivatives: bidding/tendering, bidder/ tenderer, etc. are
synonymous.
3. The words and expressions beginning with Capital Letters and defined in this document shall,
unless contrary or repugnant to the context, have the meaning ascribed to them herein below.
These are in addition to the words and expressions defined separately in this document
Associate As defined in Clause 4.2.1

Bid (s)* Comprises of QR, Technical Bid and Commercial and
price bid received from Bidder/s
Bidder (s)* Party/ies who bid for the Project
Bid Bond / Security As defined in Clause 1 of NIT
Bidding Documents Documents defined under Bid/s, above
MbPT Mumbai Port Trust
Consortium A group of entities having joint & several liabilities
Conflict of Interest As defined in Clause 4.2.1
Contractor As defined in the document
Day A Calendar Day
Defects Liability Period As defined in Clause 30 of NIT
Employer The Board of Trustees of Port of Mumbai
EPC Contract Engineering, Procurement & Construction Contract
Estimated Project Cost As defined in Clause 1 of NIT
Financial Capacity As defined in Clause2 of NIT
Government Central or State Government, as case may be
DGLL Directorate General of Lighthouses and Lightships
Joint Bidding Agreement As defined in Clause 4.2 of Instructions to Tenderer
Lead Member As defined in Clause 4.2 of Instructions to Tenderer
LoA Letter of Award
Lowest Bidder Lowest Evaluated Bidder as defined in Clause0
Member Member of a Consortium
NoA Notice of Acceptance (of the Tender) as defined in
Clause 4.26 of ITT
Project Development of Tourism Project at Kanhoji Angre Island
as per Clause 3.10
Qualification Requirements As defined in Clauses Clause 2 of NIT
Re. or Rs. or INR Indian Rupees
TENDER DOCUMENT Request for Proposal as contained herein.
SEZ Special Economic Zone
Site Kanhoji Angre Island, Mumbai Port , Raigad District
Technical Capacity As defined in Clause 2 of NIT
Tender (s)* Offer(s)/ Bid(s) received from the Bidder(s)
Bidder (s)* Party/ies who bid for the Project
Works All supplies, services and other work necessary
for completion of the Project as stated expressly or by
implication in the EPC Contract
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2 PART - I - (SECTION - 2) : DISCLAIMER
2-1. The information contained in THIS TENDER documents or subsequently made available to
the Bidders, in documentary or in any other form, by Mumbai Port Trust (“Employer”) is
provided to the Bidder strictly on the terms & conditions set out in these TENDER
documents.
2-2. This TENDER DOCUMENT is neither an offer nor an invitation to enter into any agreement by
the Employer with any prospective Bidder or any other person. The purpose of this TENDER
DOCUMENT is to provide interested parties with information which may be useful to them in
the preparation of their bids to meet the qualification and bidding requirements pursuant to
this TENDER DOCUMENT. This TENDER DOCUMENT includes statements reflecting certain
assumptions and assessments made by the Employer in relation to this Project. These
statements do not purport to contain all the information that the Bidders and their Advisors
may desire or require in arriving at decisions regarding the Project. Bidders are, therefore,
advised to make their own investigations and analysis and should also check the accuracy,
adequacy, correctness, reliability and completeness of the assumptions, assessments,
statements and information contained in this TENDER DOCUMENT and obtain independent
advice from appropriate sources.
2-3. Information provided in this TENDER DOCUMENT to the Bidders is on a wide range of
matters some of which may depend upon interpretation of law. The information given is not
intended to be an exhaustive account of statutory requirements and should not be regarded
as complete or authoritative statement of law. The Employer accept no responsibility for the
accuracy or otherwise for any interpretation or opinion on law presented herein.
2-4. The Employer make no representation or warranty, expressed or implied, and shall have no
liability to any person, including the Bidder, under any law, statute, rules or regulations or
tort, principles of restitution or unjust enrichment or otherwise for any loss, damage, cost or
expense which may arise from or be incurred or suffered on account of anything contained in
this TENDER DOCUMENT or otherwise, including the accuracy, adequacy, omission,
correctness, completeness or reliability of the TENDER DOCUMENT and any assessment,
assumption, statement or information contained therein or deemed to form part of this
TENDER DOCUMENT or arising in any way with the Bidders’ qualification or the subsequent
bid evaluation process.
2-5. The Employer accept no liability of any nature whether resulting from negligence or
otherwise howsoever caused arising out of reliance of any Bidder upon the statements
contained in this TENDER DOCUMENT.
2-6. The Employer may, in its absolute discretion but without being under any obligation to do so,
update, amend or supplement the information, assessment or assumptions contained in this
TENDER DOCUMENT by issue of suitable Addendum, which when so issued by or on behalf of
the Employer, is deemed to amend and/or supersede these Documents to the extent
expressly stated in such Addendum.
2-7. If any discrepancy is noticed by any Bidder in these TENDER DOCUMENT Documents, the
same must be immediately brought to the notice of the Employer in writing and the
Employer may, if deemed necessary, issue relevant corrigendum in the form of Addendum to
all the Bidders. However, Bidders are precluded from raising any query in this regard after
the prescribed date for receiving Bidders’ queries given in the TENDER DOCUMENT .
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2-8. The issue of this TENDER DOCUMENT does not mean that the Employer is bound to either
qualify or short-list or select any such Bidder for opening his Commercial & Price Bid (“Bid”)
or to appoint any such Bidder as the Contractor for the Project, as the case may be. The
Employer reserves the right to reject any or all the Bidders or their Bids without assigning any
reasons whatsoever.
2-9. The Bidder shall bear all its costs associated with or relating to the preparation and
submission of its Bid including but not limited to site visits, proposal engineering, estimation,
copying, postage, delivery fees, expenses associated with any demonstrations or
presentations which may be required by the Employer or any other costs incurred in
connection with or relating to this TENDER DOCUMENT. All such costs and expenses will
remain with the Bidder and the Employer shall not be liable in any manner whatsoever for
the same or for any other costs or other expenses incurred by a Bidder in preparation or
submission of the Application, regardless of the conduct or outcome of the TENDER
DOCUMENT or the bid evaluation process.
2-10. The Employer reserves the right to modify this TENDER DOCUMENT or to extend the
deadline for submission of TENDER DOCUMENT at any time by prior written notice to all the
parties who have collected the TENDER DOCUMENT.
*****
Page 42
3 PART- I – (SECTION - 3): INTRODUCTION
3.1 Project Background
Mumbai Port Trust (“Employer‟), one of the 13 major ports in India, has
planned construction of Development of Tourism Project at Kanhoji Angre
Island, Mumbai Port which is located in Raigad District.
Mumbai Port Trust intends to undertake, execute and complete the Project
by inviting Tenders from eligible Contractors on EPC basis.
3.1.2. Mumbai Harbour is located along the West Coast of India at latitude 18 deg.
57' N and longitude 72 Deg 51'E. The entrance to the harbour is from the
South West between Prong's Reef at the Southernmost tip of Mumbai and
Thal Reef lying off the mainland to its South West. The main harbour channel
is, for the greater part, a natural channel following the longitudinal axis of the
harbour, approaching to the Docks.
Kanhoji Angre Lighthouse is situated on Kanhoji Angre Island. Kanhoji Angre
Island, earlier known as Khanderi (Kennery) island is an off shoot hillock of the
western Ghats and is situated mid sea off the shores of Thal Fishing village
near Alibagh of Raigad district, south of Mumbai. The island is about 4.5 km
by sea from Thal, 9.5km from Alibag and about 23km from the Gateway of
India in Mumbai.
Ministry of Shipping ( MoS) Government of India has also decided to develop
Kanhoji Angre Lighthouse as a tourist destination.
3.1.3. Mumbai Port Trust is now desirous of undertaking Development of the
Project brief lay out line adhere in below on EPC basis in accordance with the
requirements for tourism at the Kanhoji Angre Island.
Name of the Project Estimated Cost
Development of Tourism Project Rs. 853 Lakh
at Kanhoji Angre Island, Mumbai Port on EPC basis
3.1.5. The Employer intends to invite online competitive bids for qualification and
subject to such qualification, bid proposal for undertaking Development of
the Project by adopting a Single Stage- Two cover Bidding-
(i) Part – I : Qualification Requirement (QR)
and
(ii)Part – II : Commercial & Price Bids
For award of the Project, the selected Bidder (“Contractor”) shall be
responsible for the design, development, engineering, procurement and
construction of the Project in accordance with the terms and conditions of
the contract. The Contractor shall also be responsible for repairs and
rectifications of defects during the Defect Liability Period.
3.1.7. Brief Scope of Work shall be as given in clause 3.3, which will include repairs
and rectification of all the work performed by the Contractor for the Project
(“Works”) during 1 (One) year from the date of completion of the Works
(“Defect Liability Period”). The Indicative Capital Cost of the Project shall be
Page 43
subject to revision as specified in the Bidding Documents for the Project. The
assessment of actual cost, however, shall have to be made by the Bidders.
3.2 Project Location and Project Status
3.2.1. The Project is located within Mumbai Port limit at Kanhoji Angre Island which
is in Raigad District.
3.2.2 The activities which are pursued currently in connection with the Project are
as under:
3.2.2.1 The Employer has earmarked Island within the port area for development of
Island as Tourism Project on EPC contract basis.
3.2.2.2 Bathymetry and seismic survey of the water area has been carried out.
3.2.2.3 The Employer is in the process of obtaining CRZ clearance from Maharashtra
Coastal Zone Management Authority (MCZMA) and the same shall be made
available before commencement of Development.
3.3 Brief Scope of Work – The development of tourist destination is

based on the concept idea detailed below. The scope of work of the Project
to be executed by the selected Bidder on EPC basis.
(i) Design Approach
The Key Elements that should be considered in the design approach are
summarized below,
 To comply with the primary theme adopted for the development in the
lighthouse site, which shall be day time tourism with adventure sports /
water sports activities with supporting eateries, resting camps, etc. all in
temporary / wooden structures on land adjoining the lighthouse site and
other land earmarked for such activities.
 Evolving a concept which comply with the terrain & topography of the site,
by minimizing the cut and fill component.
 Compliance to the Development control regulations applicable for the site,
 Eco-friendly development which is low on energy usage in terms of
building materials as well as usage.
 Adaptive reuse of existing structures/buildings/rooms etc as the island falls
within the CRZ regulation. Activity zoning aims to take care of segregation
of Tourism Activities / Public Activities from that of MbPT / DGLL’s / static
sensor’s day to day operational, administrational & residential activities in
order to avoid any conflict of activities.
(ii) Proposed Project Component / Project Facilities
MbPT envisages enhancing and developing the existing lighthouse and its
surrounding area into a Tourism Destination / Maritime Landmark on EPC
mode.
One of the identified lighthouse locations for promotion of tourism is the
Kanhoji Angre Lighthouse near Mumbai. As site falls within 200m from HTL
in CRZ III, permanent construction is not allowed. So, temporary structures
are proposed to be setup such as restaurant, cafeteria, daytime camping
sites with tented accommodation and daytime water sport/adventure
sports activities with support infrastructure. Besides these the EPC
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contractor has to create some of the common infrastructure
(kutcha/temporary structures) at the island for general / local visitors.
(iii) Brief of Proposed Project Components
The Daytime tourism activities, consisting of adventure sports and water
sports are proposed to be developed in the Kanhoji Angre Island adjoining the
western boundary of the lighthouse site admeasuring around 12 acres. The
profile of the land slopes upwards from South to North with the sea on
western side. It is proposed to develop supporting facilities consisting of
wooden / kutcha structures which preserves and makes use of the natural
features that are unique to the site.
The project structure now envisages that the Kanhoji Angre island shall be a
hub of water sports and camping / outdoor activities, which are possible to be
carried out in areas of 5-10 acres and on an island having a sea front on all
sides. This destination shall be accessible easily with boats from Mumbai and
Alibagh and shall target the tourist from these circuits to start with.
Sr. No. Project Component Area or units

A – CIVIL WORKS
1 Region –1 , Entrance -7358 Sq.Mtrs
a Landscape Garden 4125Sq. Mtrs.
b Entrance Waiting area & information kiosk in 150 Sq. Mtrs.
temporary wooden structure
c Eatery/cafeteria in temporary structure in wooden / 100 Sq. Mtrs.
bamboo
d Semi paved pathway for reaching the activity area 545 Sq. Mtrs.
in Region 2
e Wooden storage shed and wooden kiosks 10 Sq. m.
F Wooden changing room block 50 Sq.M.
2 Region – 2, Main Activity center and its facilities-
4100 Sq.Mtrs.
a Landscaping (Including site development for 3075 Sq. Mtrs
adventure sports)
b Wooden Kiosk for Snacks 100 Sq. Mtrs
3 Region – 3,Lighthouse-2700 Sq.Mtrs.
a Hardscaping the area 2700Sq. Mtrs.
b Revamping of existing rooms in Lighthouse Building 135 Sq.Mtrs.
(4 numbers)
c Restaurant in existing canteen and store having an 155 Sq.Mtrs.
area of 155 Sq. mtrs.(to service a gathering of
maximum of 200 persons, 100 seats covered and
100 in open)
4 Region – 4,Garden area--5500 Sq.Mtrs
(a) Landscape the area 3000 Sq.Mtrs.
(b) Constructing seating and viewing spots (minimum 2 20 sq. M.
spots)
5 Region – 5,Camping& Picnic Area -2100 Sq.Mtrs
Landscaping and Surface development for setting 1575 Sq.Mtrs.
Page 45
the camps
7 Region – 6,Trekking Path -19600 Sq.Mtrs
a Development and constructing Trekking Path 1042 Sq.Mtrs.
b Landscaping the area 5880 Sq.Mtrs
8 Region –7, Common Spaces -9700 Sq.Mtrs
Landscaping the area 5820Sq. Mtrs.
9 General infrastructure and activities
a Gazebo (5) Nos in Region 3 and Region 4 125 Sq.Mtrs.
b Constructing and providing Waste to Compost plant 1 No.
c Providing and installing Fire- extinguisher cylinders 20 No.
of CO2 (4.5 Kg.) & ABC (6.0 Kg.) etc in the entire
regions adequate capacity & type or as directed
d Constructing structure for emergency services like 40 Sq. M.
Medical & First Aid facilities adequately
e Providing Planters-portable for decorative purposes 100 Nos.
f Providing Garden Furniture including stone table of 100 Sets.
(4’x4’)
g Garden Chairs 400 Nos
h Wooden benches 5’x1.5’) 100 nos
i Providing water dispensers 10 units
j Providing Bio Toilets of approved make and of 10 units
standard size
9 Rain water Harvesting System of 3 KL capacity Job
B – ELECTRICAL WORKS
10 Lighting the area as directed and approved 2700 Sq. M.
11 Providing Decorative lights adequately 30 Sets.
12 Providing Small garden posts and Hanging lights in 100 Sets.
the developed area
13 Providing Diffused lights in the developed area 100 Sets
14 Providing and installing DG set<25KVA) 1 No.
15 Solar paneling (150KW)- 2000Sq. Mtrs.
NOTE-
(1) The scope of work of the Project outlined briefly herein is only indicative.
Considering the above works involved in the development the bidder should
submit their landscape plan indicating, how they INTENDS TO DEVELOP THE AREA
considering the minimum specified works. He should submit the detailed plan
along with structural plan and their design, what he has anticipated before the
bidding of the tender. The bidders should consider their cost involved in the
development of all the items of works specified in all the regions before quoting
the tender. The plan may be required to be modified according to MbPT as and
when needed, however only plan approved by MbPT will be allowed to be
executed at site. The bidder should submit the plan, section, elevation of the
proposed structure along-with material specification etc. in advance for the
approval of MbPT, unless otherwise the detail given by MbPT will be binding on the
Page 46
bidder to execute at site. The bidders should know that the payment will be based
on the as executed quantities at site for all the items separately. The bidder will be
paid if the specified quantities are increase / decrease at the rates specified in the
offer (Price Bid).
(2) Tthe bidder should note that the entire Island area is having high wind
speed and heavy rain fall. The structures should be constructed considering these
two aspects and the design should sustain high wind speed and heavy rain fall.
(3) The entire island land area is rocky/Stoney. Out of that as per the scope
detailed the area has to be developed for landscaping, which includes lawns,
shrubs, tree plantation and paving etc. The bidder should consult horticulturist
before deciding the type of plants, shrubs, grass etc. in their development plan
region wise. The species of the plants (flower / normal) should be specified in the
plan. The bidder should also know that they should consider the cost prior in their
offer.
Region – 1 : Entrance with garden, seating and refreshments

In Region – 1, jetty is near the entrance of the Island therefore it is proposed to have
at least two water sports activities in the area. To utilize existing structure for waiting
and information Kiosk with small eatery/cafeteria or store room. Region - 1 is
allocated for landscaping like lawn, shrubs, tree planting and hard paving particularly
near the pathway for reaching resort.
NOTE- 1. The bidder should prepare the landscape garden considering the
flower bed, Lawn area, sprinkler system, fountain etc. as per their concept for the
development in this region to match the garden area as per the International norm
and to meet the requirements of tourist.
NOTE- 2. The bidder should prepare the detailed design of the structure to be
constructed in the existing shed for creating waiting lounge, information kiosk and
cafeteria etc. considering the requirement stated above as minimum. However, if
any additional facilities required to be created in continuation of the proposed
structure, they should consider it.
NOTE- 3. The bidder should construct wooden storage and kiosk, wooden
changing room block in Region – 1 as per the specified quantities to match with the
existing structure in terms of height as well.
NOTE – 4 The bidder should construct semi-paved pathway of stones in the
area specified considering their plan.
Region – 2 : Main Activity center and its facilities

This region will have at least two land based adventure sports activities. This region
will have major landscape intervention as 75% of the land is allocated for soft
landscaping which will provide a suitable ambience for tourism at the island and shall
provide calm and serene atmosphere for the visitors.
NOTE- 1. The bidder should carryout landscaping of the area including surface
development for Adventure sports considering the flower bed, Lawn area, sprinkler
system, Fountain etc. as per their concept for the development in this region to
match the area as per the International norm and to meet the requirements of
tourist.
Page 47
NOTE- 2. The bidder should prepare the detailed design of the structure (wooden
kiosk for snacks) to be constructed and installed in this region considering the
requirement stated above as minimum. The design should match the construction of
the structure proposed in Region-1 in terms of height as well.
Region – 3 : Lighthouse with eateries and viewing spot

This region will have restaurant with fine dining facilities having seating capacity of 200
persons (100 seats covered and 100 in open), development / modification of existing
rooms (4 rooms) and existing canteen of 150 sq. mtrs area in the lighthouse area.
100% of the land in this region should be used for landscaping / beautification and
hardscaping of the area along with other supporting infrastructure like Bio-Toilets,
water points etc.
NOTE- 1. The bidder should prepare the landscaping/ beautification and
hardscaping the area in stones to match the ambience of Lighthouse appropriately.
They should also consider providing the flower bed, Lawn area, sprinkler system,
Fountain etc. as per their concept to meet the requirements of tourist.
NOTE 2 – The revamping proposed in the rooms include complete renovation
of the rooms, which may require plastering, painting, masonry work, wood work
along with providing fittings in Bath Rooms etc. as per the requirement and
satisfaction of MbPT as per the International norms and making it habitable
tastefully.
NOTE 3 – The bidder should prepare the lighting plan as per the specified area
and carry out the lighting works in this region adequately to match the requirement
and ambience.
Region – 4 : Spread out landscape with viewing spots and sitting furniture.
This region needs to develop garden and sitting facility for tourists, minimum 2
viewing spots / all weather shelters etc.
NOTE- 1. The bidder should develop garden considering the flower bed, Lawn
area, sprinkler system, Fountain etc. as per their concept for the development in this
region to match the garden area as per the International norm and to meet the
requirements of tourist.
NOTE -2 The bidder should provide sitting facility for tourists adequately by
creating viewing spots/ All-weather shelters to match the proposed construction of
structures in look and design for the development of the island.
NOTE- 3. The bidder should prepare the detailed design of the structure to be
constructed and installed in this region such as viewing spots/ all-weather shelters
considering the requirement stated above as minimum.
Region – 5 : Camping and picnic spot

Day time Camping and picnic site is proposed at this region of the Island with
thick vegetation and on the slopes of rocky outcrops. The camping site is
planned with 10 temporary tent-styled accommodations with independent units
on wooden platform / stilts and connected to each other through a foot trial.
NOTE-. The bidder should carryout landscaping of the area including surface
development for Picnic spots for setting the camps considering the flower bed, Lawn
area, sprinkler system, Fountain etc. as per their concept for the development in this
Page 48
region to match the area as per the International norm and to meet the
requirements of tourist.
Region – 6 : Trekking Path

Trekking path with its supporting infrastructure (Light, Water points & Toilets)
are proposed with minor landscape intervention.
NOTE- 1. The bidder should carryout landscaping of the area including surface
development for Picnic spots for setting the camps considering the flower bed, Lawn
area, sprinkler system, Fountain etc. including lighting, water points and toilets as
per their concept plan for the development in this region to match the area as per
the International norm and to meet the requirements of tourist.
NOTE 2- The bidder should provide trekking path in stones in this region as
specified with the appropriate type, which shall be duly approved by MbPT. They
should submit their path design in advance as per their concept.
Region – 7 : Common Spaces

The following components shall be constructed for use by the day time tourists.
 Epitaphs, Gazebos, Planters other sitting facilities at multiple locations
on the site.
 Basic Amenities including streetlight, solar paneling, bio-toilets and
drinking water facilities.
 Amenities like sewage treatment plan (STP) and waste compose and
Diesel Generator with appropriate specifications for backup energy
requirement.
 Primary health centre.
NOTE-1 . The bidder should prepare the detailed design of the structure such
as Epitaphs/ Gazebos to be constructed and installed in this region considering the
requirement stated above as minimum to match the structure proposed in the
concept plan.
NOTE-2 – The bidder should carry out entire electrification, Solar paneling,
providing DG set etc. in all the regions as per the requirements specified with the
approval of Chief Mechanical Engineer, MbPT.
NOTE-3 – The bidder should provide waste compost plant and rain harvesting
system at appropriate place assumed in the concept plan as per the approval of
engineer.
NOTE-4 – The bidder should provide wooden structure of specified size to
match the proposed structure in the island for Emergency services facilities like
Primary health center etc. in consultation with Chief Medical Officer, MbPT.
NOTE-5 - The bidder should provide fire extinguisher etc. as per the direction
of Chief Fire Officer, MbPT.
NOTE-6 - The bidder should provide planters, stone tables, garden chairs,
wooden benches, water dispensers as approved by MbPT. However, the bidder
should specify in their plan indicating the location of table, chairs and benches.
NOTE – 7 - The bidder should provide Bio-Toilet after taking the approval of
MbPT. However, they should indicate the location in their plan.
Page 49
3.3.1 The Targeted Period for completion of the Project is 12 months including
monsoon from the date of release of site to the EPC Contractor
(“Development/Construction Period”)
3.3.2 The successful bidder has to finalize the plan and design as per their concept,
which should match the heritage of lighthouse in such a way, so that it
should attract the tourist as a unique tourist destination. The concept
should highlight the island character with local themes having all the
required amenities needed for international and national tourist. The plan
should act as gravity to attract the visitor in big way.
3.3.3 The Targeted Period for completion of the Project is 12 months
including monsoon from the date of release of site to the EPC Contractor
(“Development/Construction Period”)
3.3.3 Ideas for concept plan and design-
These are the tentative plan which can provide the idea for the
development in all the regions
Temple
Tower
Temple
Temple
Temple
Well
Temple
Tower
Well
Existing structures
Well Existing steps / pathways

T Existing plateaus
T Existing Toilet
Existing Well
PLAN: Existing
Page 50
REGION WISE ACTIVITIES
Page 51
Gazebo (Illustrative View)
Page 52
Bio Toilets (Illustrative View)
Landscaping: Illustrative View
Page 53
LOCATION ACTIVITY
Page 54
Trekking Path-Illustrative View
Page 55
Landscaping and Viewing point- Illustrative View
LOCATION ACTIVITIES
Lighthouse with eateries and viewing spot- Illustrative View
Page 56
3.4 Object and Scope of TENDER.
3.4.1 The object of this TENDER DOCUMENT is to have SINGLE STAGE of bidding
process including Qualification Requirement (QR) of the Bidders for its
eligibility in respect of technical and financial capability for execution of the
Project. On fulfilling the Qualification Requirement, the Bidders will be eligible
for consideration of their proposals during the commercial and price bidding
for award of the Project in accordance with the procedure set forth herein.
3.4.2 The Employer shall receive Bid Proposals from the Bidders in accordance with
the terms set forth herein as amended or clarified from time to time by the
Employer and all Bid Proposals shall be prepared and submitted in accordance
with such terms on or before the date and time specified for submission of
such Bid Proposals (“Tender Due Date and Time”).
3.5 Queries, Clarifications and Addendum to TENDER DOCUMENT
3.5.1 Any query or request for clarification or additional information concerning

this TENDER DOCUMENT shall be submitted in writing or by fax or e-mail to the
Officer of the Employer designated below. The envelopes/communications
shall clearly bear the following identification/title:
"Queries/Requests for Clarification or Additional Information:
TENDER DOCUMENT for Engineering, Procurement, Construction and Development
of Tourism Project at Kanhoji Angre Island, Mumbai Port which is located in Raigad
District”.
Page 57
Designated Officer:
Chief Engineer
Mumbai Port Trust
Port House, 3rd Floor, Shoorji Vallabhdas Marg,
Ballard Estate, Mumbai - 400 001
Tel. No.: +91-22-66564031
Fax No.:+91-22-22616804
E-Mail : ce@mbptmail.com
3.5.2 Bidder requiring any clarification or additional information on the TENDER DOCUMENT
may notify the Employer in writing or by fax/e-mail in accordance with Clause 3.5.1. They
should send in their queries before the date specified in the Bidding Schedule contained in
Clause 3.7. The Employer shall endeavor to respond to the queries within the period
specified therein. The Employer will forward all the queries and its responses thereto by
email, to all purchasers of the TENDER DOCUMENT without identifying the Bidder who made
such queries. Also the Employer will host such clarification on its Website.
3.5.3 The Employer reserves the right not to respond to any query or provide any
clarification or additional information, in its sole discretion, and nothing in this Clause shall
be taken or mean as compelling or requiring the Employer to respond to any query or to
provide any clarification or additional information.
3.5.4 The Employer may also, on its own motion, if deemed necessary, issue amendments,
interpretations and clarifications to all Bidders by way of duly numbered Addenda. All such
amendments, clarifications and interpretations issued by the Employer shall be deemed to
be part of the TENDER DOCUMENT. Any such Addenda issued will be sent in writing by email
to all those who have purchased the TENDER DOCUMENT Documents and will also be hosted
on the Employer’s web-site. Verbal clarifications and information given by Employer,
employees or representatives shall not, in any way or manner, be binding on the Employer.
3.6 Language of the Bid
The TENDER documents, all correspondence and documents relating thereto to be
exchanged between the Bidder and the Employer shall all be in English.
3.7 Bidding Schedule
The Employer shall endeavour to adhere to the following Bidding Schedule as specified
Bidding Schedule: -
Sr.
Particulars Date Time
No.
1. Tender e-publication date 20.08.2018 10:00 Hrs.
2. Document Download start date 20.08.2018 10:00 Hrs.
3. Document Download End Date 24.09.2018 15:00 Hrs.
4. Pre-Bid Meeting Date 05.09.2018 15:00 Hrs
5. Replies to Pre-Bid Queries 12.09.2018 15:00 Hrs
6. Bid Submission Start Date 14.09.2018 10:00 Hrs.
7. Bid Submission End Date 24.09.2018 15:00 Hrs
8. Technical Bid Opening Date 26.09.2018 11:00 Hrs.
9. Price Bid Opening Date Will be Conveyed subsequently after
Technical Bid Scrutiny
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3.8 Extension of Tender Due Date
3.8.1 In order to afford the Bidders reasonable time for taking an Addendum into account,
or for any other reason, the Employer may, in its sole discretion, by prior written notice to all
the Bidders, extend the Bid Due Date. It will also be hosted on the Employer’s web-site.
3.9 Tender Validity
3.9.1 The Tender shall be valid initially for a period of 180 (One Hundred and Eighty) days
from the opening of Bid (Part – I).
In exceptional circumstances, prior to expiry of the above validity period, MbPT may
by a request in writing require the Bidders to extend the period of validity for a specified
additional period. Bidders who are willing for such an extension shall have to communicate
their acceptance, within the specified time as mentioned in the request made by the Port
Trust for validity extension. A bidder may also refuse the request without forfeiting its
Earnest Money Deposit. However, no claim from such bidders, whatsoever, concerned with
this bidding, will be entertained by the Port Trust. A bidder agreeing to this request will not
be allowed to modify its proposal.
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4 PART I – (SECTION - 4): INSTRUCTIONS TO BIDDERS (ITT)
4.1 Examination and Detailed Study of the Project
4.1.1 Bidders are invited to examine the Project, and to carry out, at their cost, such
studies as may be required for submitting their respective Bids for qualification and, subject to
such qualification, for commercial and price bidding for the Project.
4.1.2 As part of the Tender Documents, the Employer has provided Modified General
Conditions of EPC Contract, Conditions of Particular Application to this Project (collectively
“Contract Conditions”) and Form of Contract Agreement. Upon a written request from the
intending Bidders, the Employer will be pleased to share with them the Feasibility Report
prepared by the Employer and other information pertaining/relevant to the Project available
with them without any liability on such sharing and providing details.
4.1.3 Tenders for the Project shall be subject to Techno-Commercial Evaluation. The
Project shall be awarded to the qualified Bidder quoting the Lowest Total Price comprises of
all the works specified all items in the BOQ. In this TENDER DOCUMENT, the term “Lowest
Bidder” shall mean the Bidder whose bid is evaluated to be the lowest price.
4.1.4 Further and other details of the process to be followed during tender Document
preparation (i) Qualification Requirement (QR)and (ii) Commercial and Price Bid have been
spelt out in detail in the corresponding Parts of these TENDER Documents.
4.2 Eligibility Criteria of Bidders

4.2.1 For determining the eligibility of Bidders based on their technical and financial
qualifications, the following criteria shall apply:
a) The Bidder for such qualification may be a single entity or a group of entities
(the “Consortium”), coming together to implement the Project. However, no
Bidder applying individually or as a member of a Consortium, as the case may
be, can be member of another Bidder. The term Bidder used herein would apply
to both a single entity and a Consortium.
b) A Bidder may be a company incorporated under the Indian Companies Act, 1956
or a combination of companies with a formal intent to enter into a Consortium
agreement or under an existing agreement to form a Consortium. A Consortium
shall be eligible for consideration subject to the conditions set out in Clause
4.2.5 below.
c) A Bidder shall not have a conflict of interest (“Conflict of Interest”) that affects
the Bidding Process. Any Bidder found to have a Conflict of Interest shall be
disqualified. A Bidder shall be deemed to have a Conflict of Interest affecting
the Bidding Process, if:
i. the Bidder, its Member or Associate (or any constituent thereof) and any
other Bidder, its Member or any Associate thereof or any constituent
thereof have common controlling shareholders or other ownership interest;
provided that this disqualification shall not apply in cases where the direct or
indirect shareholding of a Bidder, its Member or an Associate thereof (or any
shareholder thereof having a shareholding of more than 5% (five per cent) of
the paid up and subscribed share capital of such Bidder, Member or
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Associate, as the case may be, in the other Bidder, its Member or Associate
is less than 5% (five per cent) of the subscribed and paid up equity share
capital thereof; provided further that this disqualification shall not apply to
any ownership by a bank, insurance company, pension fund or a public
financial institution referred to in section 4A of the Companies Act 1956. For
the purposes of this Clause 0c), indirect shareholding held through one or
more intermediate persons shall be computed as follows: (aa) where any
intermediary is controlled by a person through management control or
otherwise, the entire shareholding held by such controlled intermediary in
any other person (“Subject Person”) shall be taken into account for
computing the shareholding of such controlling person in the Subject Person;
and (bb) subject always to sub-clause (aa) above, where a person does not
exercise control over an intermediary, which has shareholding in the Subject
Person, the computation of indirect shareholding of such person in the
Subject Person shall be undertaken on a proportionate basis; provided,
however, that no such shareholding shall be reckoned under this sub-clause
(bb) if the shareholding of such person in the intermediary is less than 26%
of the subscribed and paid up equity shareholding of such intermediary; or
ii. a constituent of such Bidder is also a constituent of another Bidder; or
iii. such Bidder, or any Associate thereof receives or has received any direct or
indirect subsidy, grant, concessional loan or subordinated debt from any
other Bidder, or any Associate thereof or has provided any such subsidy,
grant, concessional loan or subordinated debt to any other Bidder, its
Member or any Associate thereof; or
iv. such Bidder has the same legal representative for purposes of this Bid as
any other Bidder; or
v. such Bidder, or any Associate thereof has a relationship with another
Bidder, or any Associate thereof, directly or through common third party/
parties, that puts either or both of them in a position to have access to each
others’ information about, or to influence the Bid of either or each other; or
vi. such Bidder, or any Associate thereof has participated as a consultant to the
Employer in the preparation of any documents, design or technical
specifications of the Project.
d) A Bidder shall be liable for disqualification if any legal, financial or technical
adviser of the Employer in relation to the Project is engaged by the Bidder, its
Member or any Associate thereof, as the case may be, in any manner for
matters related to or incidental to the Project. For the avoidance of doubt, this
disqualification shall not apply where such adviser was engaged by the Bidder,
its Member or Associate in the past but its assignment expired or was
terminated 6 (six) months prior to the date of issue of this TENDER DOCUMENT.
Nor will this disqualification apply where such adviser is engaged after a period
of 3 (three) years from the date of commercial operation of the Project.
Explanation: In case a Bidder is a Consortium, then the term Bidder as used in this
Clause 4.2.5, shall include each Member of such Consortium.
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4.2.2 To be eligible for Qualification, a Bidder shall fulfill the following eligibility criteria:
(A) Financial Capacity:
The Applicant must satisfy the following financial requirements as per their latest
audited Financial Statements/Balance Sheets:
Minimum Average Annual Turnover of Rs. 255.91 Lakh (Rupees Two Hundred
Seventy Six point Six Lakhs) during last three financial years ending 31 stMarch,
2018.
(B) Technical Criteria:

(a) The Bidder should have satisfactorily completed the works as mentioned
below during the last 7 years ending 31st July, 2018.
i) Three similar works, each costing not less than Rs.341.21 Lakh
or
ii) Two similar works, each costing not less than Rs.426.51 Lakh
or
iii) One similar work costing not less than Rs.682.42 Lakh.
“Similar Work” means the firm should have carried out the development of garden / cultural
park / eco park / resort or development of tourist destination on water front / on island /
land having site development area of minimum 5 Acres,
.
In case of Consortium, the Lead Member shall qualify the Financial Capacity as per 4.2.2
(A) and also the Technical Capacity as per Clause 4.2.2 (B) of the above conditions of eligibility.
4.2.3 The Bidder along with its Forwarding Letter and Appendix-I, shall also submit the
following additional documents:
i. Certificate(s) from the concerned Employer/Owner with details of project
name, construction cost of project, date of commencement of construction,
date of completion of construction and scope of works executed, stating the
payments received towards construction. In case a particular Project
Contract has been jointly executed by the Bidder (as part of a Consortium),
it should further support its claim for the share in work done for that
particular Project/ Contract by producing a certificate from its statutory
auditor or the Client; and
ii. Certificate from its statutory auditors specifying the Annual turnover for the
past 3 (three) years of the Bidder, as at the close of the preceding financial
year.
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4.2.4 The Bidder should submit a Power of Attorney as per the format given in Appendix-
II, authorising the signatory of the Bid Proposal to commit the Bidder for tendering for the
project. In the case of a Consortium, the Members should submit a Power of Attorney in
favour of the Lead Member as per format given in Appendix-III.
4.2.5 In case the Bidder is a Consortium, it shall comply with the following additional
requirements:
a) Number of members in a Consortium shall not exceed 3 (three);
b) subject to the provisions of clause (a) above, the Bid Proposal should contain the
information required for each Member of the Consortium;
c) Members of the Consortium shall nominate one member as the Lead Member
(“Lead Member”). The Lead Member shall qualify the Financial Capacity as
defined in Clause 4.2.2(A) and also the Technical Capacity as per Clause 4.2.2
(B) The nomination(s) of the Lead Member shall be supported by a Power of
Attorney, as per the format given in Appendix-III signed by all the other
Members of the Consortium;
d) the Bid Proposal should also include separately a brief description of the roles
and responsibilities of individual members, particularly with reference to their
financial and technical obligations as an Attachment to the Joint Bidding
Agreement to be submitted by the Consortium as per Appendix-IV.
e) an individual Bidder cannot at the same time be member of a Consortium
submitting a Bid. Further, a member of a particular Bidder Consortium cannot
be member of any other Bidder Consortium submitting the Bid.
f) the Lead Member shall carry out works directly under its own supervision and
through its own personnel for at least 50 (Fifty) per cent of the Works for the
Project ;
g) members of the Consortium shall have entered into a binding Joint Bidding
Agreement, substantially in the form given in Appendix-IV (“Jt. Bidding
Agreement”), for the purpose of submitting the Tender. The Joint Bidding
Agreement, to be submitted along with the Bid Proposal Application, shall, inter
alia:
i. convey the commitment(s) of the Lead Member in accordance with this
TENDER DOCUMENT , in case the contract to undertake the Project is
awarded to the Consortium;
ii. outline the proposed roles and responsibilities of each member; and
iii. include a statement to the effect that all the members of the Consortium
shall be liable to the Employer jointly and severally for all obligations of the
Contractor in relation to the Project until the completion of the Defects
Liability Period in accordance with the EPC Contract; and
h) except as provided under this TENDER DOCUMENT and these Bidding
Documents, there shall not be any amendment to the Joint Bidding Agreement.
4.2.6 Any entity which has been barred by the Central/State Government, or any entity
controlled by it, from participating in any project, and the bar subsists as on the date of Bid
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Proposal, would not be eligible to submit its Bid either individually or as member of a
Consortium.
4.2.7 A Bidder, including any Member or Associate, should, in the last 3 (three) years, have
neither failed to perform on any contract, as evidenced by imposition of a penalty by an
Arbitral or Judicial authority or a judicial pronouncement or arbitration award against the
Bidder, Member or Associate, as the case may be, nor has been expelled from any project or
contract by any public entity, nor have had any contract terminated by any public entity for
breach by such Bidder, Member or Associate, would not be eligible to submit its Bid either
individually or as member of Consortium.
4.2.8 In computing the Technical Capacity and Financial Capacity of the Bidder/Members
under Clauses No. 4.2.1 the Technical Capacity and Financial Capacity of their respective
Associates would also be eligible as outlined hereunder.
For purposes of this TENDER DOCUMENT, Associate means, in relation to the
Bidder/Member, a person who controls, is controlled by, or is under the common
control with such Bidder/Member (“Associate”). As used in this definition, the
expression “control” means, with respect to a person which is a company or
corporation, the ownership, directly or indirectly, of more than 50% (fifty per cent) of
the voting shares of such person, and with respect to a person which is not a company
or corporation, the power to direct the management and policies of such person by
operation of law.
Incase the Bidder/Members claim the capabilities of their Associates for qualification, it
will be required to submit a “Parent Company Guarantee” as per format in Appendix-VI
4.2.9 The following conditions shall be adhered to, by the Bidder while submitting its Bid
Proposal:
a) Bidders should attach clearly marked and referenced continuation sheets in the
event that the space provided in the prescribed formats in the Annexes or
Appendices is insufficient. Alternatively, Bidders may format the prescribed formats
making due provision for incorporation of the requested information;
b) Information supplied by a Bidder (or other constituent Member if the Bidder is a
Consortium) must pertain to the Bidder, Member or Associate named in the Bid
Proposal.
c) In responding to the qualification submissions, Bidders should demonstrate their
capabilities in accordance with requirements for “Qualification” of Bidders pursuant
to PART -1 , PART-I- Qualification Requirements (QR) of these Tender Documents.
And
d) The bidders shall give an undertaking that they have not made any payment or illegal
gratification to any person/authority connected with the bid process so as to
influence the bid process and have not committed any offence under the PC Act in
connection with the bid as per proforma at Annexure XIII.
e) The bidders shall disclose any payments made or proposed to be made to any
intermediaries in connection with the bid as per proforma in Annexure XIV. In case
no payment is made or proposed to be made a ‘Nil’ statement shall be enclosed.
f) In case of Tender Document being downloaded from the Employer’s web site, at the
time of submission of Tender Documents (hard copies), the Bidder shall give an
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Undertaking that no change have been made in the document as per Proforma at
Annexure XI. The successful Bidder shall be issued an Acknowledgment at the time of
the issue of Notice of Acceptance of Tender by the Employer on the condition that
the printed version of the Tender Document will be treated as authentic and if any
discrepancy is noticed at any stage between this and the one submitted by the
Bidder, the Employer’s version of the Tender Documents shall prevail. Besides, the
Bidder shall be liable for legal action for corresponding lapses.
g) All the Bank Guarantees (BGs) shall be furnished by the Bidder/Contractor in
connection with the Tender/Contract shall be issued by a Nationalised Bank having
its Branchat Mumbai and made in the name of the “The Board of Trustees of the
Port Of Mumbai.The Bidder/Contractor shall take sole responsibility for issue,
extension of validity and delivery of such BGs to the Employer in a timely manner
without any request or reminders from the Employer.
4.2.10 While “Qualification” of Bidders is open to persons from any country, it will be
subject to the following conditions:
a) Where, on the date of the Application, not less than 15% (fifteen percent) of the
aggregate issued, subscribed and paid up equity share capital in a Bidder or its
Member is held by persons resident outside India or where a Bidder or its
Member is controlled by persons resident outside India; or
b) If at any subsequent stage after the date of the Bid submission , there is an
acquisition of not less than 15% (fifteen percent) of the aggregate issued,
subscribed and paid up equity share capital or control, by persons resident
outside India, in or of the Bidder or its Member;
then the “Qualification” of such Bidder or in the event described in sub clause (b)
above, the continued “Qualification” of the Bidder shall be subject to approval of the
Employer from national security and public interest perspective. The decision of the
Employer in this behalf shall be final and conclusive and binding on the Bidder.
The holding or acquisition of equity or control, as above, shall include direct or indirect
holding/acquisition, including by transfer, of the direct or indirect legal or beneficial
ownership or control, by persons acting for themselves or in concert and in determining
such holding or acquisition, the Employer shall be guided by the principles, precedents
and definitions contained in the Securities and Exchange Board of India (Substantial
Acquisition of Shares and Takeovers) Regulations, 2011, or any substitute thereof, as in
force on the date of such acquisition.
The Bidder shall promptly inform the Employer of any change in the shareholding, as
above, and failure to do so shall render the Bidder liable for summary disqualification
from the Bidding Process prior to Project award, or cancellation of the Project award or
the Contract after the Project award.
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4.2.11 Notwithstanding anything to the contrary contained herein, in the event that the Bid
Due Date falls within three months of the closing of the latest financial year of a Bidder, it shall
ignore such financial year for the purposes of its Bid Proposal and furnish all its information
and certification with reference to the 3 (three) years or 1 (one) year, as the case may be,
preceding its latest financial year. For the avoidance of doubt, financial year shall, for the
purposes of Bid hereunder, means the accounting year followed by the Bidder in the course of
its normal business.
4.3 Number of Tenders and costs thereof

4.3.1 No Bidder shall submit more than one Bid Proposal for the Project. A Bidder applying
individually or as a member of a Consortium shall not be entitled to submit another Bid
Proposal either individually or as a member of any Consortium, as the case may be.
4.3.2 The Bidders shall be responsible for all of the costs associated with the preparation
of their Bid Proposal and their participation in the Bid Process. The Employer will not be
responsible or in any way liable for such costs, regardless of the conduct or outcome of the
Bidding Process.
4.4 Acknowledgement by the Bidder

4.4.1 It shall be deemed that by submitting the Bid Proposal, the Bidder has:
a) made a complete and careful examination of the TENDER DOCUMENT ;
b) received all relevant information requested from the Employer;
c) inspected the site of work and its surroundings and discussed with connected
agencies and collected all necessary information for the purpose of quoting for the
work. Bidder shall rely on his own judgment, skill and expertise in all maters
connected with the tender and submission thereof.
d) accepted the risk of inadequacy, error or mistake in the information provided in the
TENDER DOCUMENT or furnished by or on behalf of the Employer relating to any of
the matters referred to hereinabove; and
e) agreed to be bound by the undertakings provided by it under and in terms hereof.
4.4.2 The Employer shall not be liable for any omission, mistake or error in respect of any
of the above or on account of any matter or thing arising out of or concerning or relating to
the TENDER DOCUMENT or the Bidding Process, including any error or mistake therein or in
any information or data given by the Employer.
4.5 Right to accept or reject any or all Tenders

4.5.1 Notwithstanding anything contained in this TENDER DOCUMENT, the Employer
reserves the right to accept or reject any Bid and to annul the Bidding Process and reject all
Bids, at any time without any liability or any obligation for such acceptance, rejection or
annulment, and without assigning any reasons therefore. In the event that the Employer
rejects or annuls all the Bids, it may, in its discretion, invite all eligible Bidders to submit fresh
Bids hereunder.
4.5.2 The Employer reserves the right to reject any Bid if:
a) at any time, a material misrepresentation is made or uncovered, or
b) the Bidder does not provide, within the time specified by the Employer, the
supplemental information sought by the Employer for proper evaluation of the Bid.
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If such rejection occurs after the Bids have been opened and the Lowest Evaluated
Bidder gets rejected, then the Employer reserves the right to:
i. invite the remaining Bidders to match the Lowest Bidder or submit their fresh Bids in
accordance with the TENDER DOCUMENT ; or
ii. take any such measure as may be deemed fit in the sole discretion of the Employer,
including annulment of the Bidding Process.
4.5.3 In case it is found during the evaluation, or at any time before signing of the EPC
Contract, or after its execution and during the period of subsistence thereof, including the
Defects Liability Period, that one or more of the qualification criteria or conditions have not
been fulfilled by the Bidder, or the Bidder has made material misrepresentation or has given
any materially incorrect or false information, the Bidder shall be disqualified forthwith if not
yet appointed as the Contractor either by issue of the “Notice of Acceptance (NoA)” or
entering into the EPC Contract, and if the Bidder has already been issued the NoA or has
entered into the EPC Contract, as the case may be, the same shall, notwithstanding anything to
the contrary contained therein or anywhere else in this TENDER DOCUMENT , be liable to be
terminated, by a communication in writing by the Employer to the Bidder, without the
Employer being liable in any manner whatsoever to the Bidder and without prejudice to any
other right or remedy which the Employer may have under this TENDER DOCUMENT , other
Bidding Documents, the EPC Contract or under the applicable law.
4.5.4 The Employer reserves the right to verify all statements, information and documents
submitted by the Bidder in response to the TENDER DOCUMENT . Any such verification or lack
of such verification by the Employer shall not relieve the Bidder of its obligations or liabilities
hereunder nor will it affect any rights of the Employer hereunder or under the Contract
Conditions, as the case may be.
4.5.5 The Project as a whole has been divided into different Sections for sequential
completion within the (“Construction Period”) as under:.
The whole of the Works for the project, shall be completed within 12
months including monsoon from the date of release of site to the EPC
Contractor (“Development/Construction Period”) from the date of NoA
excluding defects liability period.
The completion of the whole of the Works in different Sections as above shall be subject
to the following:
i) The Works or any Sections thereof, as the case may be, shall successfully pass the
“Tests on Completion” in terms of the EPC Contract, and
ii) Completion of all such works as is expressly stated to be within the Scope of Works
or which is implied to be so though not expressly stated as such but under terms of
the Contract is required for the Works to be considered as completed for the
purposes of taking-over of the whole of the Works by the Employer
Save as the above, the Employer may, by prior written notice to the Contractor, change
the priority of the dates for completion of any Sections or parts of the Works comprised
in the respective Sections of the Works and the Contractor shall be required to adhere to
such changes at no extra cost to the Employer.
4.6 Conditions of Contract

The “Conditions of Contract” applicable for the execution of the Works shall be the
Modified General Conditions of Contract along with Conditions of Particular
Application framed to suit the specific Project requirements and Site conditions.
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4.7 Reference to Codes and Standards
Reference numbers of Codes or any Standards stipulated in the Tender Document shall
be deemed to mean the latest revisions of such Codes or Standards current at the time
of issue of this Tender.
4.8 Site Visit

4.8.1 The Bidder is strongly advised to visit and examine the Site and its surrounding areas
and obtain, at his own cost and responsibility, all information and data that may be necessary
for preparation of the Bid and, if selected, for entering into and execution of Contract for the
Works in accordance with the Conditions of Contract. The Bidder and his personnel or agents,
upto a maximum of two individuals, will be granted permission by the Employer to enter upon
the Site for the purpose of inspection but only upon the Bidder submitting a written
undertaking to the Employer that his personnel and agents, will release and indemnify the
Employer and his personnel and agents from and against all liability in respect thereof. The
Bidder will be solely responsible for any death or personal injury, loss of or damage to
property, and any other loss, damage caused or incurred by the Bidder and also any costs, and
expenses incurred by the Employer or his personnel, as a result of such inspection and Site
visit by the Bidder or his personnel or agents.
4.8.2 No claim whatsoever shall be entertained by the Employer at any time for any
expense or extension of time in completion of the Works on any ground, including but not
limited to inaccurate or inadequate data and details given in the Bid Documents; non-
availability of resources and facilities including labour and infrastructure at Site and
surrounding areas; adverse weather and working conditions prevailing at Site; or any other
similar difficulties which may be encountered by the Contractor during the course of
execution of the Works at Site.
4.9 Pre-Bid Meeting

4.9.1 A pre-bid Meeting will be arranged by the Employer on date and place specified in
NIT. An authorised representative of the Bidder may be present at such pre-bid meeting.
4.9.2 The purpose of the pre-bid meeting will be to clarify issues and to answer queries
raised by the Bidders on any matter concerning the TENDER DOCUMENT .
4.9.3 The Bidders are requested, to submit their queries in writing or by email so as to
reach the Employer not later than 5 (five) days before the pre-bid meeting. It will not be
possible to answer queries received later than this date.
4.9.4 Notes of the pre-bid meeting, including the queries raised and the responses given,
together with any responses prepared after the pre-bid meeting, will be transmitted to all the
Bidders within 7 (seven) days of such meeting. Any modifications to the TENDER DOCUMENT
Documents which may become necessary as a result of such pre-bid meeting shall be issued by
the Employer.
4.10 Bid Security in the form of Bank Guarantee/ Demand Draft

4.10.1 The Bidder shall furnish, as part of its Bid Proposal an unconditional irrevocable Bid
Bond in `the form of Demand Draft or a Bank Guarantee for sum of Rs. 18 lakhs (Rupees
Eighteen Lakhs only) as per Appendix-V
4.10.2 This Bank Guarantee shall be issued in favour of the Employer by a
Nationalised/Scheduled Bank operating in India, enforceable and encashable as per the format
given in Appendix-V [Format for Bid Bond in the Form of Bank Guarantee]. This Bank
Guarantee shall remain to be valid for a period of 180 (one hundred and eighty) days plus 60
days claim period, calculated from the Bid Due Date. The Bid Bond validity shall be
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automatically subject to extension by the Bidder corresponding to the extension of the Tender
Validity by the Bidder at the written request of the Employer. Any failure by the Bidder to
automatically extend the validity of Bid Bond corresponding to the extension of the Tender
Validity will result in automatic rejection of the Bidder’s Bid Proposal by the Employer without
any notice to the Bidder. The Bid Bond can also be submitted in the form of Demand Draft
drawn in favour of “The Board of Trustees of the Port of Mumbai” and payable at Mumbai.
4.10.3 Any Bid Proposal not accompanied by a Bid Bond as above shall stand automatically
rejected by the Employer.
4.10.4 The Bid Bond of unsuccessful Bidders will be returned to the respective Bidders
within 42 (forty-two) days of NoA to a successful Bidder. The Bid Bond of the successful Bidder
shall be returned within 28 (twenty-eight) days of submission of a satisfactory Performance
Security in the form of Bank Guarantee by him in accordance with the Conditions of the
Contract.
4.10.5 The Bid Bond may be invoked and the proceeds forfeited if the Bidder -
i) withdraws its Bid any time after Tender Due Date during the period of Tender validity;
ii) fails to accept the correction of the Bid Prices, pursuant to Clause 0; or
iii) in the case of a successful Bidder, if he fails within the time limit specified in the
Tender and the award of Contract to –
 sign the Contract Agreement; or
 submit the required Performance Security in the form of Bank Guarantee in
terms of the Contract
4.11 Two Parts of Tender Submission Process
4.11.1 The Bidder shall submit / uploaded its Bid Proposal in 2 (Two) separate Parts. Each
Part shall be incorporated in 2 (two) separate sealed envelopes/files and each of such
envelope/file shall be clearly marked representatively as under:
“Part I : Qualification Requièrent (QR) Documents”;
“Part II : Commercial and Price Bid”.
The contents of Part-I and Part-II shall respectively be as follows:
4.11.2 Part I : Qualification Requirent (QR) Documents

(a) Bid Bond as per format given in Appendix V[Format for Bid Bond in the Form of
Bank Guarantee]
(b) Demand Draft/ Banker‘s Cheque towards cost of purchase of Tender Document.
In case Tender document purchased from MbPT Office directly by the Bidder,
the Copy of Cash Receipt as issued at time of purchase shall be made available.
(c) Forwarding Letter comprising the Bid for the Project as per format given in
Appendix I together with the following Annexes:
Proforma – I, Proforma – II, Annexure – A, C, D, E
Annex – I Details of the Bidder
Annex – II Financial Capacity of the Bidder
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(d) A Notarised Copy of the Power of Attorney issued by the Bidder to the
authorised signatory of the Tender as per format given in Appendix II or
III[Format for Power of Attorney for signing the Bid], as the case may be.
(e) A Notarised Copy of the Power of Attorney for the Lead Member of the
Consortium issued by all the Members of the Consortium pursuant to Clause
4.2.4 as per format given in Appendix III [Format for Power of Attorney for the
Lead Member of Consortium]
(f) A Notarised Copy of Joint Bidding Agreement entered into by all the Members
of the Consortium pursuant to Clause 4.2.5 (d) as per format given Appendix IV
[Joint Bidding Agreement]
(g) The Original set of TENDER DOCUMENT downloaded from Employer’s website
or issued by the Employer to the Bidder in its own name together with all
Addenda duly signed & stamped on all pages by the Bidder.
(h) An Undertaking that no changes have been made in the Tender Documents
downloaded by the Bidder or issued to the Bidder by the Employer in the
Proforma given in Appendix XI
(i) An Undertaking that Part II : Commercial & Price Bid is unconditional as per
Proforma given in Appendix XII
(j) An Undertaking that no illegal methods have been used for influencing the Bid
Process as per Proforma given in Appendix XIII
(k) An Undertaking for disclosure of payments made/proposed to be made to
Intermediaries in connection with the Tender as per Proforma given in
Appendix XIV
(l) Any other document or literature which the Bidder thinks is necessary for
proper evaluation of its Tender. The Bidder shall draw special attention of the
Employer to such document or literature in its forwarding letter as
perAppendix-1
(m) SCHEDULES1 to 7 issued as part of Part-I : Qualification Requirement (QR)
Documents duly completed and signed by the Bidder
4.11.3 Part II: Commercial and Price Bid (Second Cover)
The Commercial Bid shall comprise the following pursuant to this clause:
i) Signed and Priced copy of ‘Schedule Of Prices’ as per Annex-II of Appendix VII
together with the ‘Schedule Of Payment On Milestone Completion ’as per Annex-I of
Appendix VII.
The Commercial and Price Bid shall be without any conditions. A conditional Commercial
Bid will be subject to summary rejection by the Employer.
4.11.3.1 Schedule of Prices

i) The Bidder shall provide Schedule of Prices for the Works, as described in the
TENDER DOCUMENT document.
ii) The Project is located in Mumbai port limit water area at Kanhoji Angre Island in
Raigad district. The Bidder is requested to inspect the site and quote accordingly.
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iii) The Schedule of Prices and the Aggregate Tender Price quoted by the Bidder shall
be inclusive of all incidentals and overheads and considering the provision of taxes
and duties duties as applicable except service tax if any which will be paid as per
actual.
4.12 Instructions Common to all Parts

4.12.1 The Tender must be signed by the authorised signatory holding necessary Power of
Attorney issued by the Bidder to represent the Bidder and bind the Bidder to the Tender and in
case of successful Bidder, to the Contract Agreement for the Project
4.12.2 Incomplete or improper Tenders shall be subject to summary rejection by the
Employer without assigning any reason.
4.12.3 In addition, the Bidder, without in any way binding on the Employer, must also
provide properly bound supplementary documents listed here below either generally as per
the corresponding formats appearing in the respective Appendices, Annexes and Schedules
or in any other form as “Attachments” there to under Part I : Qualification Requirements
(QR).
i) Site Organisation Chart, as referred in Schedule-6A, giving details of (i) supervisory
and technical staff to be engaged by the Bidder for execution of the Works with their
qualifications and experience profile; estimated skilled and unskilled labour to be
employed and CVs of key personnel proposed to be deployed on execution of the
Works.
The Selected Bidder and Contractor is required, to the extent practicable and
reasonable, to employ local labour.
ii) List of all machinery and equipment, as referred in Schedule-7, needed for
construction of Berthing Structures and Approach.
iii) List of Sub-contractors and suppliers, as referred in Schedule-5, proposed to be
engaged by the Bidder and description of parts of the Works on which they are
proposed to be engaged together with documentary evidence of their capability and
experience in support thereof.
iv) A list of all major works of similar nature, as referred in Schedule-3, which the
Bidder has completed in the past Seven years and of all works which are presently
under construction, giving the name of the Client, Consultant, location, value, date
of contract award, contracted period of completion and actual completion.
The Bidder shall also indicate therein the details of equipment employed and also
extent of their participation, whether as a Main Contractor, Joint Venture Partner or
as Sub-contractor.
v) A Statement of Bidder’s Financial Standing including the names and addresses of his
banks/branches together with the authority issued in favour of the Employer to
approach the banks/branches for relevant information. The Bidder shall also provide
details of their Turnover for the past 3 (three) years
vi) A Written Statement certifying that the Bidder has visited the Site, obtained all
relevant data and familiarised himself with all the Site conditions which may affect
execution of Works covered by this Tender and that he has no queries or
clarifications to be had on any matter concerning the execution of the Tendered
Works.
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vii) Bidder’s proposed Execution Plan, as referred in Schedule-6A, for completion of
different Sections of the Works within the stipulated completion period as required
by the Employer as per Clause 0 hereinabove.
viii) Bidder’s Design Basis for design of the Berthing Structures and Approach with
supporting calculations (if any), drawings, etc.
ix) A Detailed Method Statement of the Bidder defining each element clearly indicating
the methodology and sequence proposed for the execution of Works, including
critical factors affecting the execution, along with proposed implementation schedule
with reference to PERT chart prepared for execution of the project.
4.12.4 Bidder’s attention is hereby drawn that it is utmost important that all the
documents, listed in Clause 4.11 are required to be submitted along with the Tender in the
respective Envelopes. Any Bid not accompanied by such documents shall be subject to
summary rejection by the Employer without assigning any reason.
4.12.5 No alterations to the Form of Tender or any of the Tender Documents shall be
permitted. Any such alteration (other than merely filling in the blanks for the intended
purpose) will result in summary rejection of the Tender.
4.12.6 The Bidder is required to submit his Tender based solely on the Tender Documents
issued to him without any of his own remarks or qualifications expressed or implied.
4.12.7 The Bidder, while submitting his Tender, shall ensure that his Tender is fully
compliant with all the requirements of the Tender Documents. A non-compliant Tender is
likely to be rejected.
4.13 Currency of Tender and Payment

14.13.1 The Bidder shall quote Schedule of Prices only in Indian Rupees.
4.14 Preparation and Marking of Tender Documents

4.14.1 The tenderer shall furnish all the information sought for in the Annexure ‘A’ and
proforma 1 and 2 of the ‘Tender Notice’ along with supporting documents as per the
requirement of tender. The tenderer is required to sign and date and put stamp / seal on all
the documents furnished by him and also in the spaces provided in the tender document. All
the remaining pages of tender document shall be stamped and initialled by the tenderer.
Unsigned tenders will not be considered. The tenderer shall furnish with the tender the Power
of Attorney, or other acceptable authorisation of the person/s signing the tender.
4.14.2 The tenderers are required to enter at the end of the Schedule of Quantities and
Rates, the percentage addition or deduction, both in figures and in words; they have quoted
and also enter the total amount in figures and in words after application of the percentage
addition/ deduction. The percentage addition/ deduction will apply to the rates for each of
the items in the Schedule of Quantities and Rates without reference to quantity or location
of the work or any variation in the estimated quantity. The percentage addition/ deduction
shall be quoted by tenderers having regard to the specification, conditions of contract and all
other provisions in the tender document, and no variation in rates etc. will be allowed on
any ground such as mistake, misunderstanding etc. after the tender has been submitted.
4.14.3 The price quoted by the Tenderer shall be inclusive of the cost of provision of plant
and equipment, materials, labour, execution, supervision, maintenance, overheads and
profits and every incidental and contingent cost and charges whatsoever including all Taxes,
duties, levies, etc. necessary for proper execution and maintenance of the works.
4.14.4 The tender documents shall not be defaced or detached. Additions and alterations or
interpolations shall not be made in the tender document.
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4.14.5 The tenderer shall submit his tender strictly based on MbPT’s design/Engineer’s
Design and specifications.
4.15 Sealing and Submission of Tender Documents

4.15.1 The tenderers are requested to submit the tender in the form and manner described
in the tender Notice.
i) Only the financial instruments i.e. Pay Order/Demand Draft/Bank Guarantee for cost
of Tender Fees and Bid Security is to be submitted in actual form in a sealed cover
and deposit the sealed cover in the box provided in Imprest Office of Civil
Engineering Department, Port Bhavan, 3rd Floor, S.V. Marg, Fort, Mumbai 400001
upto the time and due date as indicated in Tender Notice.
ii) The cover whether sent by post or by hand delivery must reach the Imprest Clerk of
the Civil Engineering Department, Mumbai Port Trust on or before the due date and
time. Offers received late will not be considered even though posted before the due
date and time AND ADDRESSED TO The Chief Engineer, Mumbai Port Trust, 3rd
Floor, Port House, S.V.Marg, Ballard Estate, Mumbai-400001.,bear the name of the
Tender, viz. “DEVELOPMENT OF TOURISM PROJECT AT KANHOJI ANGRE
ISLAND,MUMBAI PORT ON ENGINEERING, PROCUREMENT AND CONSTRUCTION
(EPC) CONTRACT BASIS.– Ref :Tender No.CE.KALH/EPC/2018.”
4.15.2 In addition, for the purpose or identification of the Bidder, each of the inner and
outer ENVELOPES shall indicate the name, address and telephone and mobile number of the
Bidder.
4.15.3 The Employer assumes no responsibility whatsoever to the Bidder if any of the
inner or outer ENVELOPES are not properly sealed and marked as above or misplaced or
interchanged at any time prior to Tender Opening.
4.16 Deadline for Submission of Tenders

The Tenders must be uploaded / submitted to the Employer in the manner described in
manner described at “Instructions for online Bid Submission” and at the address, time
and date as specified in Notice Inviting Tender.
4.16.1 Employer may, at its sole discretion, extend the deadline for submission of Tenders
by issuing an Addendum in accordance with Clause Error! Reference source not found., herein
above, in which case all rights and obligations of the Employer and the Bidders previously
subject to the original deadline will automatically be subject to the deadline as extended.
4.17 Late Tenders

4.17.1 Any Tenders received by the Employer after the deadline prescribed in Clause 4.16
herein above will be returned to the Bidder un-opened.
4.18 Modifications and Withdrawal of Tenders

4.18.1 No bid shall be modified subsequent to the deadline for submission of Bids.
4.18.2 No bid shall be withdrawn in the interval between the deadline for submission of
bids and the expiration of the period of bid validity specified in the Bid.
4.18.3 Withdrawal of any Tender after the deadline for submission of Tenders and before
expiration of the Tender validity period or the extended Tender validity period, as the case
may be, shall result in the forfeiture of the amount of Bid Bond.
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4.19 Tender Opening Process
4.19.1 Opening & Evaluation
4.19.1.1 The Employer shall open the Tenders at specified date and time in NITor at the same
time on the extended date for submission of the Tenders, or on such date and time
as may hereafter be conveyed by the Employer to the Bidders by way of an
Addendum pursuant to Clause 3.5 hereinabove, in the presence of all Bidders who
may be present through their authorised representatives.
4.19.1.2 Tenders for which a notice of withdrawal has been submitted in accordance with
Clause 4.18 will not be opened.
4.19.1.3 The Employer will then examine and evaluate Tenders in accordance with the
provisions set forth hereunder.
4.19.1.4 The Employer reserves the right not to proceed with the Tendering Process at any
time without notice or liability and to reject any and all Tenders without assigning
any reason.
4.19.1.5 The Bidders are advised that qualification of Bidders will be entirely at the
discretion of the Employer. Bidders will be deemed to have understood and agreed
that no explanation or justification on any aspect of the Tendering Process or
qualification or selection of Bidders will be given.
The ENVELOPE containing the “ORIGINAL” set of all Bidders will only be opened as
follows:
4.19.2 PART-I: QUALIFICATION REQUIREMENT (QR)

ENVELOPE-1 of each Bidder containing PART-I THE TENDER: QUALIFICATION
REQUIREMENT (QR) DOCUMENTS containing documents listed under Clause 4.11.2 will
be opened first. The Tenders of those Bidders who have failed to submit duly signed
Integrity Pact, Bid Bond and Cost of Tender Document in the prescribed formats shall
automatically stand rejected and none of their other ENVELOPES will be opened
thereafter.
Only those Bidders who have submitted Bid Bond/ Security and Undertakings in
prescribed formats and meet the Qualification Requirement (QR) criteria will be eligible
for participation in PART-II – Commercial & Price Bid for consideration of their
Commercial & Price Bids contained in ENVELOPE-2. All the Envelopes of those not
meeting the Qualification Requirement criteria will be returned through their authorised
representative if they are present or sent to them by Registered Post in due course.
4.19.3 PART-II: COMMERCIAL &BID

ENVELOPE-2 of each Bidder containing PART–II OF TENDER: COMMERCIAL &PRICE BID
in the prescribed format given in Appendix VII will then be opened and processed as
detailed hereunder.
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4.20 Evaluation and Selection of Bidder
4.20.1 Only those Bidders who meet the eligibility criteria specified in Clause 4.2 above shall qualify
for evaluation of their Tenders. Tenders of individual Bidders/Consortium who do not meet
these criteria shall be subject to rejection.
4.20.2 The Bidder’s competence and capability is proposed to be established by the

parameters set out in Clause 4.2.2 with regard to (A) Technical Capacity; and (B)
Financial Capacity.
4.20.3 In the event the Bidder claims credit for an “Eligible Project” and such claim is
determined by the Employer as incorrect or erroneous, the Employer shall reject
such claim and exclude the same from evaluation of the Bidder’s competence and
capability. The Employer may also make a further reduction equivalent to the claim
rejected hereunder. Where any information is found to be patently false or
amounting to a material misrepresentation, the Employer reserves the right to
reject the Tenders in accordance with Clause 4.25.
4.20.4 Generally, the Lowest Evaluated Bidder (“Lowest Bidder”) shall be the selected
Bidder. The remaining Bidders shall be kept in reserve and may, in accordance with
the process specified in the TENDER DOCUMENT , be invited to match the Bid
submitted by the Lowest Bidder in case such Lowest Bidder withdraws or is not
selected for any other reason. In the event that none of the other Bidders match
the Bid of the Lowest Bidder, the Employer may, in its discretion, invite fresh Bids
from the remaining Bidders or annul the Bidding Process, as the case may be.
4.21 Process to be Confidential

The entire Tendering Process pertaining to scrutiny, seeking clarifications, evaluation and
comparison of Qualification Requirement (QR) and Commercial & Price Bid, recommendations
for issue of NoA (of the Tender for the Project) to the successful Bidder shall be deemed to be
confidential and shall not be subject to disclosure to any other person or party not officially
concerned with Tender process until the announcement of the of the issue of NoA to the
successful Bidder. Any effort by any Bidder to influence the Employer’s processing of Tenders
or the Employer’s decisions regarding selection of a successful Bidder and issue of NoA to such
Bidder, may result in the rejection of its Tender.
4.22 Scrutiny of Tenders for Determination of their Responsiveness

4.22.1 Prior to undertaking the detailed evaluation of Tenders, the Employer will undertake
scrutiny of all Tenders to determine whether each Tender
a) has been properly signed;
b) is accompanied by the required Cost of Tender Document, BID BOND/Security, Cost
of Tender Document, Appendices, Schedules, Annexures and Undertakings in the
prescribed formats;
c) is substantially responsive to the requirements of the Tender Documents; and
d) Provides necessary clarification and/or substantiation that the Employer may require
to determine its responsiveness. Furthermore, the Bidder shall, if required, provide
further clarification and/or substantiation that the Employer may require.
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4.22.2 A substantially responsive Tender is one that conforms to all the terms, conditions,
and specifications of the Tender Documents without any 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, inconsistent with the Tender documents, the
Employer’s rights or the Bidder’s obligations under the Contract; or
c) whose rectification would affect unfairly the competitive position of other Bidders
presenting substantially responsive Tenders.
If any material deviation or reservation as stated in (a) to (c) above is observed in the
Bidder’s submission, its Tender will be judged as non-responsive and rejected.
4.22.3 If a Tender is not substantially responsive and is therefore rejected by the Employer,
it cannot subsequently be made responsive by correction or withdrawal of the
nonconforming deviation or reservation.
4.22.4 The Employer, may at its discretion, call for clarifications / presentation from any or
all the Bidders, or conduct clarification meeting(s) /presentations with any or all the
Bidders for proper evaluation of the Tenders received by the Employer.
4.22.5 The Evaluation of Tenders shall be done on the basis of the Bidder’s Technical
submission and Commercial and Price Bid after the Bid has satisfied fully the QR
pursuant to Part I Qualification Requirement (QR) of the TENDER DOCUMENT.
4.23 Correction of Arithmetical Errors

4.23.1 Only those Tenders which are determined to be substantially responsive will be
checked by the Employer for any arithmetical errors. Errors will be corrected where
there is a discrepancy between the amounts in figures and in words, the amount in
words will govern; and shall be binding on the Bidder.
The amount stated in the Tender will be adjusted by the Employer in accordance with
the above procedure for the correction of total price quoted by the Bidder and, with
the concurrence of the Bidder, shall be considered as binding upon the Bidder. If the
Bidder does not accept the corrected amount of Tender, his Tender will stand rejected,
and the Bid Bond amount may be forfeited.
4.24 Award of Contract

4.24.1 Employer shall award the Contract for the Project to the Bidder whose Tender has
been determined to be substantially responsive to the Tender Document and who
has been selected by the Employer to be competitive based on its Qualification
Requirement (QR) and Commercial & Price Bid and has been found to be the
“Lowest Price”. The Employer reserves the right, at its sole discretion, to award
Contract for the Works for Project as a whole to one successful Bidder; or divide the
Works for the Project in such identifiable Parts as is feasible and award separate
Contracts for such Parts of the works to more than one Bidder.
4.25 Employer’s Right to Accept and/or to Reject any or all Tenders

4.25.1 The Employer reserves the right to accept or reject any and/or all Tenders and annul
the bidding process, or to seek additional responses, or to enter into negotiations
with and subsequently enter into contract with more than one Bidder, and/or to
award the contract on the basis of criteria other than only the Lowest Evaluated Price
at any time prior to award of Contract, without thereby incurring any cost/ liability to
the affected Bidder/s or any obligation to inform the affected Bidder/s of the
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grounds for the Employer’s action thereof. Mere issuance of Tender Document to
any Bidder or opening of Bidder’s QR and Techno-Commercial Bids shall not be
construed that such Bidder is automatically qualified or its Tender has been
considered for evaluation and Award of Contract for the Works.
4.26 Notice of Acceptance (“NoA”)

4.26.1 Prior to expiry of the validity or extended validity period of the Tender, the Employer
will notify the successful Bidder by facsimile confirmed by registered letter that its
Tender has been accepted. This Notice (hereinafter and in the Contract Conditions
referred to as the “Notice of Acceptance” (of the Tender) or “NoA”) shall specify the
sum which the Employer will pay the Contractor (hereinafter and in the Contract
Conditions referred to as the “Contract Price” in consideration of the execution and
completion of the Works for the Project and the remedying of any defects therein by
the Contractor in terms of the Contract.
4.26.2 The NoA shall be deemed to constitute a binding Contract between the Employer
and the Bidder-cum-Contractor for execution and completion of the Works for the
Project and remedying defects therein in terms of the Contract Conditions.
4.27 Signing of Contract Agreement

4.27.1 Subsequent to issue of the NoA to the successful Bidder, the Employer and such
Bidder shall, within 28 days from the date of NoA or such extended period as may
be agreed to by the Employer, execute a Contract Agreement to formally give effect
to the Contract
4.28 Performance Security in the form of BG

4.28.1 Within 21 days from date of NoA from the Employer, the successful Bidder shall
furnish to the Employer a Performance Security in the form of an unconditional
irrevocable Bank Guarantee as per format given in Appendix VIII [Format for
Performance Bank Guarantee]and shall be given by Mumbai Office of an Indian
Nationalised Bank / Scheduled Bank or of a foreign bank approved by the Reserve
Bank of India which shall be authorised to do business in India and approved by the
Employer for a sum equivalent of ten (10) percent of the Contract Price.
4.29 Material Breach of Contract

4.29.1 Failure of the successful Bidder to comply with the requirements of Clause 4.27 and
4.28 shall constitute a material breach of Contract, resulting in annulment of the
Project Award pursuant to NoA, forfeiture of the Bid Bond, and any such other
remedy the Employer may have under the Contract and at law. The Employer, in that
event, will be entitled to award the Contract for the Works to the next responsive
Bidder at the cost and risk of such Bidder in breach of the Contract.
4.30 Assignment of the Contract

4.30.1 The Employer shall be entitled to assign and/or transfer any of its rights and
obligations under the Contract to be entered by the Employer with the successful
Bidder to any other person by prior notification to such successful Bidder-cum-
Contractor except that no such notification shall be required in the event of
assignment to the Lender or its agent or its nominee or to any Affiliate of Employer
or to a Promoter of Employer.
4.30.2 The Successful Bidder-cum-Contractor is deemed to have consented to the
assignment by the Employer of the Contract in favour of the Lenders and hereby
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undertakes to execute such additional documents as may be reasonably required to
give effect to any such assignment provided that execution of such additional
documents shall not impose upon the Successful Bidder-cum-Contractor any duty,
liability or responsibility over and above those set forth in this Tender and the
Contract envisaged herein.
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5 PART I – (SECTION – 5) –MODIFIED GENERAL CONDITIONS OF
EPC CONTRACT
5.1 PREAMBLE
These General Conditions of Contract (“GCC”) are based largely on ‘General Conditions of Contract (GCC)
for EPC Projects by FIDIC - First Edition: 1999. These are to read, understood and complied with in
conjunction with the accompanying ‘Conditions of Particular Application’ made applicable for the Tendered
Works by appropriately modifying these GCC .
5.2 DEFINITIONS AND INTERPRETATION
5.2.1 Definitions
In the Contract (as hereinafter defined) the following words and expressions shall have the meanings hereby
assigned to them, except where the context otherwise requires:
A.
1. "Contract" means the Contract Agreement, these Conditions, Conditions of Particular Application, the
Employer's Requirements, the Tender, and the further documents (if any) which are listed in the
Contract Agreement.
2. "Contract Agreement" means the Contract Agreement referred to in Clause 5.3.4 including any
annexed memoranda.
3. "Employer's Requirements" means such document that specifies the purpose, scope, and / or design
and / or other technical criteria, for the Works.
4. “Notice of Acceptance” or “NoA” of the Tender means written acceptance of the Tender submitted by
the Contractor with such modifications thereto as may be stated in such NoA.
5. "Tender" means the Contractor's signed, priced offer to the Employer for the design, procurement,
execution and completion of the Works and remedying of any defects thereof in accordance with the
provisions of the Contract and all other documents which the Contractor submitted therewith (other
than these Conditions, Conditions of Particular Application and the Employer's Requirements, if so
submitted), as included in the Contract.
6. "Performance Guarantees" and "Schedule of Payments" mean the documents so named, as included
in the Contract.
B.
1. "Party" means the Employer or the Contractor, as the context requires.
2. "Employer" means the person named as Employer in the Contract Agreement and the legal
successors in title to this thereto.
3. "Contractor" means the person(s) named as Contractor in the Contract Agreement and the legal
successors in title thereto.
4. “Engineer” means the person named by the Employer, in the Contract or appointed from time to time
by the Employer, who acts on behalf of the Employer more clearly defined in Conditions of Particular
Application vide Clause-5.4.3 of Modified GCC. For the purpose of avoidance of doubt both the words
“Engineer” or “Engineer-In-charge (EIC)” shall mean one and the same.
5. “Engineer’s Representative”/”Assistant” means the person appointed by the Engineer in the Contract
or appointed by him from time to act on behalf of the Engineer for the designated duties and
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responsibilities under Sub-Clause 5.4.4 [ Engineer’s Representatives / Assistants
6. “Proof Consultants” means the Consulting Agency appointed by the Employer.
7. "Contractor's Representative" means the person named by the Contractor in terms of the Contract or
appointed from time to time by the Contractor under Sub-Clause 5.12.2 [Contractor’s
Representative], who acts on behalf of the Contractor as an authorised Representative / Power of
Attorney of the Contractor and approved by the Employer / Engineer to supervise the Works.
8. "Employer's Personnel" means the Engineer, Engineer's Representative / Assistant, Proof Consultant
and all other staff, labour and other employees of the Employer and of the Engineer; and any other
personnel notified to the Contractor, by the Employer or the Engineer, as Employer's Personnel.
9. "Contractor's Personnel" means the Contractor's Representative and all personnel whom the
Contractor utilises on Site, including staff, labour and other employees of the Contractor and of each
of his Subcontractors; and any other personnel assisting the Contractor in the execution of the Works.
10. "Subcontractor" means any person named in the Contract as a subcontractor, or any person
appointed as a subcontractor, for a part of the Works with the written approval of the Employer; and
legal successors in title thereto..
C.
1. "Base Date" means the date 28 days prior to the latest date for submission of the Tender.
2. "Commencement Date" means the date notified and defined in the Contract Clause 5.34 of GCC.
3. "Time for Completion" means the time for completing the Works or Section (as the case may be)
under Clause 5.36 [Time For Completion] with any extension under Clause 5.37 [Extension Of Time
For Completion]), calculated from the date NoA.
4. "Tests on Completion" means the tests which are specified in the Contract or agreed by both Parties
or instructed as a Variation, and which are carried out under Clause 5.42 [Tests On Completion] by the
Contractor before the Works or a Section (as the case may be) are taken over by the Employer.
5. "Taking-Over Certificate" means a certificate issued under Clause 5.43 [Taking-Over Certificate By
Engineer].
6. "Tests after Completion" means the tests (if any) which are specified in the Contract and which are
carried out under Clause 5.44 [Tests After Completion] after the Works or a Section (as the case may
be) are taken over by the Employer.
7. "Defects Liability Period" means the period for notifying defects in the Works or a Section (as the case
may be) under Clause 5.45 [Defects Liability], (with any extension under Sub-Clause 5.45.4 [Extension
of Defects Liability Period]), calculated from the date on which the Works or Section is completed as
certified under Clause 5.43 [Taking-Over Certificate By Engineer].
8. "Defects Liability Certificate" means the certificate issued under Clause 5.46 [Performance
Certificate].
9. "Day" means a calendar day and "year" means 365 days.
D.
1. "Contract Price" means the agreed amount stated in the Notice of Acceptance or NoA (of the Tender)
Letter of Acceptance (LoA) / and in the Contract Agreement for the engineering, procurement and
construction design, execution and completion of the Works and the remedying of any defects, and
includes adjustments (if any) in accordance with the Contract.
2. "Cost" means all expenditure reasonably incurred (or to be incurred) by the Contractor, whether on
or off the Site, including overhead and similar charges, but does not include profit.
3. "Final Statement" means the statement defined in Sub-Clause 5.55.10 [Application for Final
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Payment].
4. "Foreign Currency" means a currency in which part (or ail) of the Contract Price is payable, but not the
Local Currency.
5. "Local Currency" means Indian Rupees.
6. "Retention Money" means the accumulated retention moneys which the Employer retains under Sub-
Clause 5.55.3 [Application for Interim Payments] and pays under Sub-Clause 5.55.8 [Payment of
Retention Money].
7. "Statement" means a statement submitted by the Contractor as part of an application for payment
under Clause 5.55 [Certificates And Payments].
E.
1. "Contractor's Equipment" means all apparatus, machinery, vehicles and other things required for the
execution and completion of the Works and the remedying of any defects, excluding, however,
Temporary Works, Vehicles, Employer’s Equipment (if any), Plant, Materials and any other things
intended to form or forming part of the Permanent Works.
2. "Goods" means Contractor's Equipment, Materials, Plant and Temporary Works, or any of them
as appropriate.
3. "Materials" means things of all kinds intended to form or forming part of the Permanent Works,
including the supply-only materials (if any) to be supplied by the Contractor under the Contract.
4. "Permanent Works” means the permanent works to be designed and executed by the Contractor
under the Contract.
5. "Plant" means the apparatus, machinery and vehicles intended to form or forming part of the
Permanent Works.
6. "Section" means a part of the Works specified in the Particular Conditions as a Section (if any).
7. "Temporary Works" means all temporary works of every kind (other than Contractor's Equipment)
required on Site for the execution and completion of the Permanent Works and the remedying of any
defects.
8. "Works" mean the Permanent Works and the Temporary Works, or either of them as appropriate.
F.
1. "Contractor's Documents" means the calculations, computer programs and other software,
drawings, manuals, models and other documents of a technical nature supplied by the Contractor
under the Contract; as described in Sub-Clause 5.6.2 [Contractor’s Documents].
2. "Country" means the country in which the Site (or most of it) is located, where the Permanent Works
are to be executed, viz. Union of India.
3. "Laws" means all national (or state) legislation, statutes, ordinances and other laws, and regulations
and bye-laws of any legally constituted public authority.
4. "Performance Security" means the security (or securities, if any) under Clause 5.9 [Performance
Security].
5. "Site" means the places where the Permanent Works are to be executed and to which Plant and
Materials are to be delivered, and any other places as may be specified in the Contract as forming
part of the Site.
6. "Variation" means any change to the Employer's Requirements or the Works, which is instructed or
approved as a variation under Clause 5.49 [Variations And Adjustments].
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5.2.2 Headings and Marginal Notes
The headings and marginal notes in these GCC Conditions are only for the purpose of reference and shall
not be deemed part thereof or be taken into consideration in the interpretation of the corresponding
Conditions or construction thereof of the Contract.
5.2.3 Words importing persons

Words importing persons or parties shall include firms and corporation and any organisation having legal
capacity.
5.2.4 Singular and Plural
Words indicating the singular only also include plural and vice versa where the context requires.
5.2.5 Communications
All communications under the Contract shall be in English, by writing and delivered by hand, mail, courier, e-
mail or fax.
5.2.6 Notices, Consents, Approvals, Certificates and Determinations
Wherever in the Contract provision is made for the giving or issue of any notice, consent, approval, certificate
or determination by any person unless otherwise specified such notice, consent, approval, certificate or
determination shall be in writing and the words "notify", "certify" or "determine" shall be construed
accordingly. Any such consent, approval, certificates or determination shall not unreasonably be withheld or
delayed.
5.3 CONTRACT DOCUMENTS AND OTHER DOCUMENTS

5.3.1 Law and Language
The Contract shall be governed by the laws of India. No suit or other proceedings relating to the Contract shall
be filed or taken by the Contractor in any Court of law except at Mumbai in the State of Maharashtra, as
applicable.
The ruling language of the Contract and all documents under the Contract shall be English.
5.3.2 Priority of Contract Documents
The several documents forming the Contract are to be taken as mutually explanatory of one another, but in
case of ambiguities or discrepancies, the same shall be explained and adjusted by the Engineer who shall
there upon issue to the Contractor, instructions thereon. In such event, unless otherwise provided in the
Contract, the priority of the documents forming the Contract shall be:
(a) Contract Agreement
(b) Conditions of Particular Application
(c) General Conditions of Contract
(d) Employer’s Requirements
(e) Specifications
(f) Drawings; and
(g) Any other documents, including the Tender, signed and submitted by the Contractor as forming part of
the Contract.
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5.3.3 Employer's Use of Contractor's Documents
As between the Parties, the Contractor shall retain the copyright and other intellectual property rights in the
Contractor's Documents and other design documents made by (Or on behalf of) the Contractor.
The Contractor shall be deemed (by signing the Contract) to give to the Employer a non-terminable,
transferable, non-exclusive, royalty-free, licence to copy, use and communicate the Contractor's Documents,
including making and using modifications of them. This licence shall:
(a) apply throughout the actual or intended working life (whichever is longer) of the relevant parts of the
Works,
(b) entitle any person, including the Engineer and other Employer’s Personnel in proper possession of the
relevant part of the Works to copy, use and communicate the Contractor's Documents for the
purposes of completing, operating, maintaining, altering, adjusting, repairing and demolishing the
Works, and
(c) In the case of Contractor's Documents which are in the form of computer programs and other
software, permit their use on any computer on the Site and other places as envisaged by the
Contract, including replacements of any computers supplied by the Contractor.
The Contractor's Documents and other design documents made by (or on behalf of) the Contractor shall not,
without the Contractor's consent, be used, copied or communicated to a third party by (or on behalf of) the
Employer / Engineer for purposes other than those permitted under this Sub-Clause.
5.3.4 Joint & Several Liability

If the Contractor is a Consortium of two or more persons:
(a) these persons shall be deemed to be jointly and severally liable to the Employer for the performance
of the Contract;
(b) the Contractor shall not alter its composition or legal status without the prior consent of the
Employer
5.3.5 Inspection & Audit by the Lenders/Bank

The Contractor shall permit the Lenders/Bank and/or any person appointed by such Lenders/Bank to inspect
the Site, progress of work achieved by the Contractor and/or the Contractor’s accounts and records relating
to the performance of the Contract and to have such accounts and records audited by Auditors appointed by
such Lenders/Bank if required by any of them.
5.4 CONTRACT AGREEMENT

The Contractor shall enter into and execute the Contract Agreement, to be prepared and completed at the
cost of the Contractor, in the form annexed to these Conditions with such modification as may be necessary.
The costs of stamp duties and similar charges (if any) imposed by law in connection with the entering into
Contract shall be borne by the Contractor. Unless and until a formal agreement is executed, the Tender
together with the Employer’s Notice of Acceptance (NoA) thereof, shall constitute a binding Contract
between the Employer and Contractor.
5.4.1 Right of Access to the Site

The Employer shall give the Contractor right of access to and possession of, all parts of the Site with effect
from the Commencement Date. The right and possession may not be exclusive to the Contractor. However,
the Employer may with hold any such right or possession until the Performance Security has been received
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from the Contractor.
If the Contractor suffers delay and / or incurs any additional Cost as a result of delay or a failure by the
Employer to give any such right or possession of the Site or any part thereof within such time as may be
required by the Contractor to fulfil his contractual obligation of completion of the Works or Section thereof,
as the case may be, the Contractor shall give notice to the Engineer with a copy to the Employer and the
Contractor shall be entitled to
1. an extension of time under Clause 5.37 [Extension Of Time For Completion] for any such delay, if
completion is or will be delayed but,
2. the Contractor will not be entitled to any extra payment on account of such delay..
On receipt of such notice, the Engineer shall proceed in accordance with Sub-Clause5.4.9 to determine this
matter.
However, if and to the extent of such failure being caused by any error or delay by the Contractor, including
any default in, or delay in the submission of any of the Contractor's Documents, the Contractor shall not be
entitled to such extension of time.
5.4.2 Permits, Licences or Approvals

The Employer shall (where he is in a position to do so) provide reasonable assistance to the Contractor at the
request of the Contractor: (without any liability on the Employer) by providing written recommendation, if
any, for the Contractor’s applications for any permits, licenses or approvals which the Contractor is required
to obtain under the laws:
The Contractor shall however be responsible to obtain all necessary permits, licenses and approvals:
i. which the Contractor is required to obtain under Clause 5.20 [Compliance With Statutes, Regulations]
ii. For delivery of Goods, including clearance through customs, and.
iii. for the export of Contractor’s Equipment when it is removed from the Site
5.4.3 The Engineer

The Employer may appoint the Engineer to act on his behalf under the Contract. In this event, he shall give
notice to the Contractor of the name, address, duties and authority of the Engineer.
The EIC shall carry out the duties assigned to him, and shall exercise the authority delegated to him, by the
Employer. Unless and until the Employer notifies the Contractor otherwise, the Engineer shall be deemed to
have the full authority of the Employer under the Contract. The Engineer shall issue instructions to the
Contractor / the Contractor’s Personnel to agree or determine any matter in respect of design, construction
and execution of Works, testing and payment due to the contractor.
If the Employer wishes to replace any person appointed as Engineer, the Employer shall notify the Contractor
and shall within a period of 14 days give the replacement's name, address, duties and authority, and of the
date of appointment.
5.4.4 Engineer’s Representatives / Assistants
The Engineer may appoint any person as Engineer’s Representative / Assistant from time to time and may
assign duties and delegate authority to these Representatives / Assistants, and may also revoke such
assignment or delegation. These Representatives / Assistants may include a Resident Employee, and / or
Independent Inspectors appointed to inspect and / or test items of Plant and / or Materials. The assignment,
delegation or revocation shall be notified in writing promptly by the Engineer to the Contractor.
Engineer’s Representatives / Assistants shall be suitably qualified persons, who are competent to carry out
the duties and exercise Engineer’s authority, and who are fluent in the language for communications defined
in Sub-Clause 5.3.1[Law and Language].
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5.4.5 Proof Consultants (This clause is Deleted)
The Employer may appoint any Consulting Agency as Proof Consultants. The Proof Consultant shall carry out
the duties assigned to him and as delegated by the Employer. The Proof Consultant shall be responsible for
review and approval of the Contractor’s Documents including the Contractor’s design and drawings specified
in Clause 5.6.2 [Contractor’s Documents].
However, Contractor shall submit the design and/or documents directly to the Engineer only. Also, the
Engineer shall act as mediator/coordinator for all the communications exchanged between the
Contractor/Employer/Employer’s other agencies including DGLL, engaged for the successful completion of
the project.
5.4.6 Delegated Persons

All these Delegated Persons, including the Proof Consultant and Engineer's Representative and Assistants, to
whom duties have been assigned or authority has been delegated by Employer/ Engineer, as the case may be,
shall only be authorised to issue instructions to the Contractor to the extent found necessary by such
delegation. Any approval, check, certificate, consent, examination, inspection, instruction, notice, proposal,
request, test, or similar act by a Delegated Person, in accordance with the delegation, shall have the same
effect as though the act had been an act of the Employer or Engineer, as the case may be.
However:
(a) unless otherwise stated in the Delegated Person's communication relating to such act, it shall not
relieve the Contractor from any responsibility he has under the Contract, including responsibility for
errors, breach, omissions, discrepancies and non-compliances;
(b) any failure to disapprove any work, Plant or Materials shall not constitute approval, and shall
therefore not prejudice the right of the Engineer to subsequently reject the Work, Plant or Materials;
and
(c) If the Contractor questions any determination or instruction of a Delegated person, the Contractor
may refer the matter to the Engineer, who shall promptly confirm, reverse or vary the determination
or instruction.
5.4.7 Instructions
The Engineer, Engineer’s Representative/Assistant may issue to the Contractor instructions which may be
necessary for the Contractor to perform his obligations under the Contract. Each instruction shall be given in
writing and shall state the obligations to which it relates and the Sub-Clause (or other term of the Contract) in
which the obligations are specified. If any such instruction constitutes a Variation, Clause 5.49 [Variations And
Adjustments] shall apply. The Contractor shall take instructions from the Engineer, or from the Engineer's
Representative / Assistant to whom the appropriate authority has been delegated under this Clause.
5.4.8 Third Party Certification

The employer may appoint any third party Organisation for supervision and certification of the work.
5.4.9 Determinations
Whenever these Conditions provide that the Engineer shall proceed in accordance with this Sub-Clause to
agree or determine any matter, the Engineer shall consult with the Contractor in an endeavour to reach
agreement. If agreement is not achieved, the Engineer shall make a fair determination in accordance with the
Contract, taking due regard of all relevant circumstances.
The Engineer shall give notice to the Contractor with a copy to the Employer of each agreement or
determination, with supporting particulars. Each Party shall give effect to each agreement or determination,
unless the Contractor gives notice, to the Engineer, of his dissatisfaction with a determination within 7 days of
receipt.
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5.4.10 Employer's Claims
If the Employer is entitled to any claim or payment under any of the provisions of these Conditions or
otherwise in connection with the Contract, and/or to any extension of the Defects Liability Period, the
Engineer shall give notice and particulars of such Employer’s claim or payment to the Contractor.
This notice shall be given as soon as practicable after the Engineer becomes aware of the event or
circumstances giving rise to the claim. A notice relating to any extension of the Defects Liability Period shall be
given at least 7 days before the expiry of such period.
The particulars of such claim shall specify the Clause or other basis of the claim, and shall include
substantiation of the amount and/or extension of the Defects Liability Period to which the Employer is
entitled in connection with the Contract. The Engineer shall then proceed in accordance with Sub-Clause 5.4.9
[Determinations] to agree or determine (i) the amount (if any) which the Employer is entitled to be paid by
the Contractor, and / or (ii) the extension (if any) of the Defects Liability Period in accordance with Sub-Clause
5.45 [Defects Liability].
The Employer may as per the determination by the Engineer, deduct this amount from any moneys due, or to
become due, to the Contractor. The Employer shall only be entitled to set off against or make any deduction
from an amount due to the Contractor, or to otherwise claim against the Contractor, in accordance with this
Sub-Clause.
5.5 CONTRACTOR'S OBLIGATIONS

5.5.1 General Obligations
A) The Contractor shall design, execute and complete the Works in accordance with the Contract, and
shall remedy any defects in the Works. When completed, the Works shall be fit for the purposes for
which the Works are intended as defined in the Contract.
B) The Contractor shall provide the Plant and Contractor's Documents specified in the Contract, and all
Contractor's Personnel, Goods, consumables and other things and services, whether of a temporary
or permanent nature, required in and for this design, execution, completion and remedying of
defects.
C) The Works shall include any work which is necessary to satisfy the Employer's Requirements, or is
implied by the Contract, and all works which (although not mentioned in the Contract) are
necessary for stability or for the completion, or safe and proper operation, of the Works.
5.5.2 Specific Obligations

In addition the Contractor shall be required to provide the following facilities/assistance in connection
with the Works:
i) The Contractor shall provide boat/ dinghy/ machuva (s) etc., at his own cost, as and when required
by the Employer’s personnel for survey and supervision of the Works, throughout the Contract
Period.
ii) The Contractor shall provide a seaworthy boat, at his own cost, exclusively for the use of Employer,
Engineer and its Personnel for supervision, throughout the Contract Period. The supply shall
commence not later than 15 days from the date of commencement of work. The boat shall be
available round the clock on all days including Sundays and holidays. The boat and its operators
shall have valid registration and insurance. All consumables and stores for the safe working of the
boat and its operators as necessary should be provided by the contractor and nothing will be
available from the Employer for the day-to-day operation of the boat. The Contractor shall be
solely responsible for the consequences arising out of any loss or damage/accident etc. caused to
the boat or any of its operators while on duty. If the Contractor fails to provide the boat as above,
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the Employer will be entitled to hire such a boat at the cost of the Contractor. Actual cost of hiring
the boat or an amount of Rs.15,000/- per day, whichever is higher, will be deducted from the
Contractor’s running bills.
iii) The Contractor will have to provide, within 15 days of date of NoA (of Tender) fully equipped and
furnished office accommodation at Site at One convenient locations, each measuring a minimum of
60m2 complete with lighting, furniture, communication, 2 nos. computers with 1 Net setter with
broad-band connectivity, One A4 laser Printer, office stationery and equipment, potable drinking
water, pantry, wash-basin, toilet and other office facilities, near the Contractor’s work area or at
other location as directed and approved by the Engineer for the use of Employer’s and Engineer’s
Site staff. This Site Office facility will continue to be made available to the Employer and Engineer all
throughout the Contract Period. No separate payment will be made for providing such office as
above and the cost thereof shall be deemed to have been included by the Bidder in its Tender for
the Works.
iv) In addition, the contractor will, at his own cost and within 15 days of date of NoA (of the Tender),
also place at the disposal of the Employer and Engineer 1 (One) chauffer-driven air-conditioned 7
Seater motor vehicles for the use of Engineer and its Personnel for supervision of the Works. These
Motor Vehicles shall be available round the clock on all days including Sundays and holidays. The
Motor Vehicles shall have valid registration and insurance throughout the Contract Period. All
consumables and stores for the safe working of these Motor Vehicles, including the Drivers as
necessary shall also be provided by the Contractor and nothing will be available from the Employer
or the Engineer towards the running of these Motor Vehicles under this Contract. The Contractor
shall be solely responsible for the upkeep and maintenance of such Motor Vehicles and also be
liable for consequences arising out of any loss or damage/accident etc. caused to these Motor
Vehicles or to any third person or any property while these Motor Vehicles are on or off duty. If the
Contractor fails to provide these Motor Vehicle as above, the Employer is entitled to hire these
Motor Vehicles at the cost of the Contractor and recover the actual cost thereof or an amount of
Rs.3000/- per day, whichever is higher, from the Contractor’s running bills.
v) The Contractor shall also provide, within 15 days of the date of NoA, three mobile phone sets for
the official use of Employer’s staff throughout the Contract Period. The Contractor shall also
guarantee prompt replacement of any of these mobile phone sets going out of order during the
Contract Period. The cost of supply of mobile phone sets, including the chargers shall be deemed to
have been included by the Bidder in its Tender for the Works. If the Contractor fails to deliver these
mobile phone sets within the stipulated time, an amount of Rs.2000/- per mobile phone set per
month or proportionate part thereof shall be debited to the Contractor’s account until such time as
these mobile phone sets are delivered to the Employer. If the Contractor fails to maintain the
mobile phone sets in perfect working order, as directed by the Engineer, at any time during the
Contract Period an amount of Rs.1500/- per mobile phone set per month or part thereof shall be
debited to the Contractor. All the amount so debited shall be recovered from the Contractor’s
running bills. If the Contract Works are not completed within the completion period or extended
completion period, the mobile phone sets shall continue to be made available and maintained by
the Contractor at his own cost until the actual completion of the Works, failing which an amount of
Rs.2,000/- per month or part thereof per mobile set shall be debited to the Contractor’s account
and recovered from the Contractor’s running bills.
vi) The Contractor shall also provide necessary arrangements and facilities as desired by the Engineer
for periodic inspection of Works at no extra cost to the Employer from date of the Commencement
until the date of Completion of the Works.
5.6 DESIGN
5.6.1 General Design Obligations
The Contractor shall be deemed to have scrutinised, prior to the Base Date, the Employer's Requirements
(including design criteria and calculations, if any). The Contractor shall be responsible for the design of the
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Works and for determining the accuracy of such Employer's Requirements, including design criteria and
associated calculations as qualified hereunder.
The data and details shown in the drawings or elsewhere in the Tender Document are meant to be for
general information and guidance of the Bidders and the Employer in no case shall be held responsible for
their - accuracy or authenticity or for any assumption, interpretation or conclusion made by the Bidder
based on such data and details.
The Employer shall not be responsible for any error, inaccuracy or omission of any kind in the Employer's
Requirements as originally included in the Tender Documents. The Employer shall not be deemed to have
given any representation as to the accuracy or completeness of any data or details, except as stated below.
Any such data or details received by the Contractor either from the Employer or from any other source, shall
not relieve the Contractor of his responsibility for the design and execution of the Works according to the
requirements of the Contract.
The Employer shall only be responsible for the correctness of the following portions of the Employer's
Requirements and of the following data and details provided by (or on behalf of) the Employer:
a) Date & Details which are expressly stated in the Contract as being immutable or the responsibility of
the Employer,
b) definitions of intended purpose - of the Works or any Section or part - thereof, and
c) criteria for the testing and performance of the completed Works.
5.6.2 Contractor’s Documents

The Contractor's Documents shall comprise the Technical Documents specified in the Employer's
Requirements, documents REQUIRED TO SATISFY ALL REGULATORY APPROVALS, and the documents
described in Clause 5.70 [As-Built Drawings] and Sub-Clause 5.6.5 [Operation and Maintenance Manuals].
Unless otherwise stated in the Employer's Requirements, the Contractor's Documents shall be written in the
language for communications defined in Sub-Clause 5.3.1 [Law and Language].
The Contractor shall prepare all Contractors’ Documents, and shall also prepare any other documents
necessary to instruct the Contractor's Personnel. The Contractor’s documents shall be complete with design
details complying with relevant standards, and shall include all the detailed calculations specifying the
appropriate references of standards / codes.
The period required by the Employer for review shall not exceed 21 days, calculated from the date on which
the Employer receives a Contractor's Document and the Contractor's notice. This notice shall state that the
Contractor's Document is considered ready, both for review in accordance with this Sub-Clause and for use.
The notice shall also state that the Contractor's Document complies with the Contract, or the extent to which
it does not comply.
The Employer may, within such review period, give notice to the Contractor that a Contractor's Document
fails (to the extent stated) to comply with the Contract. If a Contractor's Document so fails to comply, it shall
be rectified, resubmitted within 21 days of receiving the Engineer’s comments and reviewed again in
accordance with this Sub-Clause, at the Contractor's cost.
As for each Section or part of the Works, except to the extent that the Parties otherwise agree:
a) execution of such Section or part of the Works shall not commence prior to the expiry of the review
periods for all the Contractor's Documents which are relevant to its design and execution;
b) execution of such Section or part of the Works shall be in accordance with these Contractor's
Documents, as submitted for review; and
c) If the Contractor wishes to modify any design or document which has previously been submitted for
review, the Contractor shall immediately give notice to the Employer. Thereafter, the Contractor shall
submit revised documents to the Employer in accordance with the above procedure.
Any such agreement (under the preceding paragraph) or any review (under this Sub-Clause or otherwise) shall
not relieve the Contractor from any of its obligation or responsibility for compliance of such Section or Part of
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the Works with the relevant design or document.
5.6.3 Contractor’s undertaking
The Contractor undertakes that the design, the Contractor's Documents, the execution and the completed
Works will be in accordance with:
a) the Laws of the Country under Clause 5.3.1 [Law and Language], and
b) The documents forming the Contract, as altered or modified by Variations.
The Contractor shall submit the method proposed by the Contractor for executing the various items of Works.
During the actual execution of the Works if modifications in the method of execution of Work are found
necessary, the Contractor shall obtain approval from the Engineer for such modifications in the method. No
claim from the Contractor for additional payment shall be entertained by the Employer on this account.
5.6.4 Technical Standards and Regulations
The design, the Contractor's Documents, the execution and the completed Works shall comply with the Indian
technical standards, building, construction and environmental Laws, Laws applicable to the Works, and other
standards specified in the Employer's Requirements.
The Employer’s existing facility is an International Shipping and Port Facility Security (ISPS) Code compliant
Port and the Contractor is obliged to comply with the provisions of the said Code for the time being in force.
The Site for the proposed Work is a protected area. Hence security rules and regulations, including obtaining
photo identity passes, declarations, entry/exit passes, for vehicles, men and materials etc, for entering the
area shall be observed strictly by the Contractor at his cost.
The laws, rules and regulations applicable for the Works and are to be adhered to by the Contractor, are
those prevailing when the Works are taken over by the Employer under Clause 5.43 [Taking-Over Certificate
By Engineer]. References in the Contract to published standards shall be understood to be references to the
edition applicable on the Base Date, unless stated otherwise.
If changed or new applicable standards come into force in the Country after the Base Date, the Contractor
shall give notice to the Engineer and (if appropriate) submit proposals for compliance. In the event that:
a) the Engineer determines that compliance is required, and
b) the proposals for compliance constitute a variation,
Then the Engineer shall initiate a Variation in accordance with Clause 5.49 [Variations And Adjustments].
All designs and construction drawings are required to meet the technical standards and regulations stipulated
in the Contract, and the same shall be submitted to the Engineer for review and comments, if any. Such
submissions and receipt or non-receipt of any observations or comment shall not relieve the Contractor from
his responsibilities / obligations under the Contract.
5.6.5 Operation and Maintenance Manuals
Well before the commencement of the Tests on Completion, the Contractor shall periodically submit to the
Engineer, “Operation and Maintenance Manuals” in sufficient detail and copies for the Engineer to inspect
and determine if the Plant is operating under normal operating conditions and, if not, whether the Plant
requires dismantling / reassembly / repair / adjustments in order that the Plant operates under normal
operating conditions.
The Works shall not be considered to be completed for the purposes of taking-over under Sub-Clause
5.43.1[Procedure for Taking-over of the works] until the Engineer has received final operation and
maintenance manuals in such detail and in such number of copies as required by the Engineer together with
any other manuals specified in the Employer's Requirements..
5.6.6 Design Errors
If any errors, omissions, ambiguities, inconsistencies, inadequacies or other defects are found in the
Contractor's Documents, they and the Works shall be corrected at the Contractor's cost, notwithstanding any
consent or approval thereto by the Engineer.
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5.7 ASSIGNMENT OF CONTRACTS
5.7.1 Assignment of Contract
The Contractor shall not without the prior consent of the Employer (which consent, notwithstanding the
provisions of Sub-Clause 5.2.6 [Notices, Consents, Approvals, Certificates and Determinations] shall be at the
sole discretion of the Employer), assign the Contract or any part thereof or any benefit or interest therein or
there under, otherwise than by:
(a) a charge in favour of the Contractor's bankers of any monies due or to become due under the
Contract, or
(b) an assignment to the Contractor's insurers (in case where the insurers have discharged the
Contractor's loss or liability) of the Contractor's right to obtain relief against any other party liable.
5.8 ASSIGNMENT OF SUB-CONTRACTS

5.8.1 Sub-Contracting
Except where otherwise provided by the Contract, the Contractor shall not subcontract any part of the works
without the prior consent of the Employer / Engineer. Any such consent may be given depending on the
relevant experience of the Sub Contractor and it shall not however relieve the Contractor from any liability or
obligation under the Contract and he shall continue to be responsible for the acts, default and neglects of any
Sub-Contractor, his agents, servants or workmen as fully as if they were the acts, defaults or neglects of the
Contractor, his agents, servants or workmen.
Provided that the Contractor shall not be required to obtain such consent for:
a) Provision of labour, or
b) Purchase of materials which are in accordance with the standards specified in the Contract, or
c) Subcontracting of any part of the works for which the Sub-Contractor is named in the Contract.
5.8.2 Sub-Contractors' Obligations
In the event of a Sub Contractor having undertaken such Contracts in respect of the work executed, or the
goods, materials, Plant or services supplied by such Sub-Contractor, any continuing obligation extending for a
period exceeding that of the Defects Liability Period under the Contract, the Contractor shall, upon expiration
of such Period, assign to the Employer, at the Employer's request, the benefit of such obligation for the un-
expired duration thereof.
5.9 PERFORMANCE SECURITY
5.9.1 Form and Sum of Performance Security
The Contractor shall deliver the Performance Security to the Employer within 21 (twenty-one) days from the
date of issue of Notice of Acceptance or NoA (of the Tender)for an amount equivalent to 10 (ten) per cent of
the Contract Price stated in such NoA. The Performance Security shall be in the form of an irrevocable
unconditional Bank Guarantee. The Performance Security shall be valid until after the expiration of the
Defects Liability Period or Extended Defect Liability Period, as the case may be, plus a claim period of 60 days
thereof.
For default by the Contractor under the Contract or any claim by the Employer against the Contractor, the
Employer is entitled to, by prior notice to the Bank, take recourse to and en-cash the Performance Security
in full or in part at any time during the currency of the Contract and, thereupon, such amount so encashed
out of the said Performance Security shall remain non-refundable to the Contractor. The Contractor shall,
however, ensure that the balance amount of the Performance Security to the extent not be encashed by the
Employer remains valid and available to the Employer during the currency of the Contract.
The Contractor shall ensure that the Performance Security is valid and enforceable until the Contractor has
executed and completed the Works and remedied any defects therein. If the terms of the Performance
Security specify its expiry date, and the Contractor has not become entitled to receive the Performance
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Certificate by the date 28 days prior to the expiry date, the Contractor shall extend the validity of the
Performance Security until the Works have been completed and any defects have been remedied. Also
whenever the validity period of such Performance Security expires before the Completion of Works or
rectification of defects therein, the Contractor shall extend the validity of the Performance Security as above
at least 21 days prior to its expiry, failing which the Employer shall be entitled to encash the Performance
Security for Contractor’s default in this regard.
The Employer is entitled to make a claim and encash the Performance Security in the event of:
a) failure by the Contractor to extend the validity of the Performance Security as described in the
preceding paragraph, in which event the Employer may claim the full amount of the Performance
Security,
b) failure by the Contractor to pay the Employer an amount due, or as either agreed by the Contractor
or determined under Clause 5.4.10 [Employer's Claims] or 5.60 [Settlement Of Disputes And
Arbitration] within 21 days after this agreement or determination,
c) failure by the Contractor to remedy a default within 21 days after receiving the Engineer / Employer's
notice requiring the default to be remedied, or
d) Circumstances which entitle the Employer to termination under 5.56.1 [Default of Contractor]
irrespective of whether notice of termination has been given and / or the Contract has been
terminated.
e) Failure by Contractor to comply with any of the instructions of the Engineer and / or failure by the
Contractor to honour any of the obligations under the Contract.
f) In the event of any breach or abandonment or negligence or misconduct or omission or non-
compliance on the part of the Contractor in connection with the Contract.
The Employer shall return the Performance Security to the Contractor within a period of 21 days after the
Contractor has become entitled to receive the Performance Certificate.
5.10 SUFFICIENCY OF THE CONTRACT PRICE
The Contractor shall be deemed to have satisfied himself as to the correctness and sufficiency of the Contract
Price.
Unless otherwise stated in the Contract, the Contract Price covers all the Contractor's obligations under the
Contract and all things necessary for the proper design, execution and completion of the Works and the
remedying of any defects.
5.11 PROGRAMME AND PROGRESS REPORTS

5.11.1 Programme
The Contractor shall submit a time programme to the Engineer within 10 days of the date of Notice of
Acceptance or NoA (of Tender). The Contractor shall also submit a revised programme whenever the
previous programme is inconsistent with actual progress or with the Contractor's obligations. Each
programme shall include:
a) the order in which the Contractor intends to carry out the Works, including the anticipated timing of
each major Section of the Works,
b) the periods for reviews under Sub-Clause 5.6.2 [Contractor’s Documents],
c) the sequence and timing of inspections and tests specified in the Contract, and
d) a supporting report which includes:
i) a general description of the methods which the Contractor intends to adopt for the execution of
each major Section of the Works, and
ii) The approximate number of each class of Contractor's Personnel and of each type of Contractor's
Equipment for each major stage.
e) All the programs and progress of works shall be reviewed periodically with reference to PERT chart
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prepared and submitted by the Contractor.
Unless the Engineer, within 21 days after receiving a programme, gives notice to the Contractor stating the
extent to which it does not comply with the Contract, the Contractor shall proceed in accordance with the
programme, subject to his other obligations under the Contract.
The Contractor shall promptly give notice to the Engineer of specific probable future events or circumstances
which may adversely affect or delay the execution of the Works or any Section thereof. In this event, or if the
Engineer gives notice to the Contractor that a programme fails (to the extent stated) to comply with the
Contract or fails to be consistent with actual progress and the Contractor's stated intentions, the Contractor
shall submit a revised programme to the Engineer in accordance with this Sub-Clause.
5.11.2 Progress Reports
Unless otherwise stated in the Particular Conditions, monthly progress reports shall be prepared by the
Contractor and submitted to the Engineer in three copies. The first report shall cover the period up to the end
of the first calendar month following the date of issue of NoA. Reports shall be submitted monthly thereafter,
each within 7 days of succeeding month.
Reporting shall continue until the Contractor has completed all the outstanding Works in the Taking-Over
Certificate / Defects Liability Period.
Each report shall include:
(a) charts and detailed descriptions of progress, including each stage of design, Contractor's Documents,
procurement, manufacture, delivery to Site, construction, erection, testing, commissioning and trial
operation;
(b) photographs showing the status of manufacture and of progress on the Site;
(c) in case of manufacture of each main item of Plant and Materials, the name of the manufacturer,
manufacture location, percentage progress, and the actual or expected dates of:
i. commencement of execution / manufacture,
ii. Contractor's inspections,
iii. tests, and
iv. shipment and arrival at the Site;
(d) the details described in Sub-Clause 5.29 [Returns Of Labour And Contractor's Equipment];
(e) copies of quality assurance documents, test results and certificates of Materials;
(f) list of Variations, notices given under Sub-Clause 5.4.10 [Employer's Claims] and notices given under
Clause 5.51 [Procedure For Claims];
(g) safety statistics, including details of any accidents, hazardous incidents and activities relating to health,
safety and environmental aspects and public relations; and
(h) Comparisons of actual and planned progress, with details of any events or circumstances which may
jeopardise the completion in accordance with the Contract, and the measures being (or to be) adopted to
overcome delays.
The Contractor shall include a detailed cash flow estimate in the report indicating all the payments to which
the Contractor is entitled under the Contract, after the completion of each Milestone provided in the
programme under Sub-Clause 5.11.1 [Programme].
5.12 CONTRACTOR’S ORGANISATION
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5.12.1 Contractor's Superintendence
Throughout the design and execution of Works and as long thereafter as necessary to fulfil the Contractor’s
obligations, the Contractor shall provide all necessary superintendence to plan, direct, manage, inspect and
test the Work.
Superintendence shall be given by a sufficient number of persons having adequate knowledge of the language
for communications (defined in Sub-Clause 5.3.1[ Law and Language]) and of the operations to be carried out
(including the methods and techniques required, the hazards likely to be encountered and methods of
preventing accidents), for the satisfactory and safe execution of the Works and shall give his whole time to
the superintendence of the Works. Such authorised representative shall receive, on behalf of the Contractor,
instructions from the Engineer / Engineer’s Representative.
5.12.2 Contractor’s Representative

The Contractor shall appoint the Contractor's Representative and shall give him all authority necessary to act
on the Contractor's behalf under the Contract.
Unless the Contractor's Representative is named in the Contract, the Contractor shall, prior to the
Commencement Date, submit to the Employer for consent the name and particulars of the person the
Contractor proposes to appoint as Contractor's Representative. If consent is withheld or subsequently
revoked, or if the appointed person fails to act as Contractor's Representative, the Contractor shall similarly
submit the name and particulars of another suitable person for such appointment.
The Contractor shall not, without the prior consent of the Employer / Engineer, revoke the appointment of
the Contractor's Representative or appoint a replacement.
The Contractor's Representative shall, on behalf of the Contractor, receive instructions from the Engineer /
Engineer’s Representative under Sub-Clause 5.4.7 [Instructions].
The Contractor's Representative may delegate any powers, functions and authority to any competent person,
and may at any time revoke the delegation. Any delegation or revocation shall not take effect until the
Engineer has received prior notice signed by the Contractor's Representative, naming the person and
specifying the powers, functions and authority being delegated or revoked.
The Contractor's Representative and all these persons shall be fluent in the language for communications
defined in Sub-Clause 5.3.1[Law and Language].
5.12.3 Foreign Staff and Labour

The Contractor may import any personnel who are necessary for the execution of the works. The Contractor
must ensure that these personnel are provided with the required Residence Visas and Work Permits. The
Contractor shall be responsible for the return to the place where they were recruited or to their domicile of
imported Contractor’s Personnel. In the event of death in the Country of any of those personnel or members
of their families, the Contractor shall similarly be responsible for making the appropriate arrangements for
their return or burial.
5.13 CONTRACTOR'S PERSONNEL
The Contractor shall ensure that no labourers with criminal background are engaged for execution of the
Works or any Section thereof.
The Contractor shall comply with all the provisions of the Indian Workmen's Compensations Act, Employees’
Provident Fund Act, ESIC Act, Contract Labour Act as amended and the Rules & Regulations framed there
under and for the time being in force at the Site.
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5.13.1 Contractor's Persons at Site
The Contractor shall provide on the Site in connection with the execution and completion of the Works and
the remedying of any defects therein.
(a) Only such technical Assistants as are qualified, skilled and experienced in their respective trades
and such foremen and leading hands as are competent to give proper superintendence of the Works,
and
(b) Such skilled, semi-skilled and unskilled labour as are necessary for the proper and timely fulfilling of
the Contractor's obligations under the Contract.
(c) All the Contractor’s persons as submitted at with their Tender Proposal for the execution of work
shall be retained at site throughout the period of execution, completion and remedying of any such
defects notified in the Defects Liability Period and they shall not be removed from site without the
consent of the Engineer / Employer.
5.13.2 Engineer at Liberty to Object
The Engineer shall be at liberty to object to and require the Contractor to remove forthwith from the Works
any person provided by the Contractor who, in the opinion of the Engineer, misconducts himself, or is
incompetent or negligent in the proper performance of his duties, or whose presence on Site is otherwise
considered by the Engineer to be undesirable and such person shall not be again allowed upon the Works
without the consent of the Engineer. Any person so removed from the Works shall be replaced as soon as
possible.
5.14 SETTING-OUT
The Contractor shall set out the Works in relation to original points, lines and levels of reference specified in
the Contract. The Contractor shall be responsible for the correct positioning of all parts or Sections of the
Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works at his own
cost.
5.15 SITE DATA
The Employer / Engineer shall make available to the Contractor for his information, prior to the base date, all
relevant data in the Employer’s possession on sub-surface and hydrological conditions at site, including
environmental aspects.
If not provided by the Engineer, all relevant data necessary for implementing the Works shall be obtained by
the Contractor at his cost.
The Engineer shall similarly make available to the Contractor all such data which had come into the
Employer's possession after the Base Date.
The Contractor shall be responsible for verifying and interpreting all such data. The Employer / Engineer shall
have no responsibility for the accuracy, sufficiency or completeness of such data, except those portions / data
and information mentioned in sub-paragraphs (a), (b) and (c) of GCC under Sub-Clause 5.6.1 [General Design
Obligations] and sub-paragraph (d) as added in Conditions of Particular Application (CPA).
Whatever the data and details provided by the Employer is only indicative and for information only and the
Contractor is fully responsible for obtaining sufficient data for this design and execution of the Works as per
the Employer’s Requirements. No claim whatsoever on this account will be entertained by the Employer.
5.16 SAFETY, SECURITY AND ENVIRONMENT

5.16.1 Safety and Protection of Environment
The Contractor shall comply with safety regulations and protection of environment as stipulated by
Government of India from time to time and shall indicate such activity in its Environment Management Plan,
throughout the execution and completion of the Works and the remedying of any defects therein
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Additionally the Contractor shall:
(a) have full regard for the safety of all persons entitled to be upon the Site and keep the Site (so far as
the same is under his control) and the Works (so far as the same are not completed or occupied by the
Employer) in an orderly state appropriate to the avoidance of danger to such persons;
(b) provide and maintain at his own cost all lights, guards, fencing, warning signs and watching, when and
where necessary or required by the Engineer or by any duly constituted authority, for the protection
of the Works or for the safety and convenience of the public or others;
(c) take all reasonable steps to protect the environment, ecologically sensitive areas, fishing and
recreational areas on and off the Site and to avoid damage or nuisances to persons or to property of
the public or others resulting from pollution, noise or other causes arising as a consequence of his
methods of construction;
(d) avoid pollution of the sea / fresh water so that it does not affect adversely the quality or appearance
thereof or cause injury or death to human, animal and plant life;
(e) prevent any interference with the supply to or obstruction from such sources in connection with
underground water resources (including percolating water);
(f) restrict the emissions, surface discharge and effluents within the values prescribed by applicable laws;
(g) borrow any material required for filling the proposed area of construction and Backup Area, within
the port area as may be required with the prior approval of the Engineer / Engineer’s Representative;
and
(h) The quarrying materials required for the construction purpose should be obtained only from the
approved quarries / borrow areas.
(i) The contractor shall observe the conservancy rules relating to the Port and shall always take necessary
steps to keep the Port water free of noxious or unhygienic matter due to the work, as are required by
the Engineer. Under no circumstances, inflammable materials be allowed to spill into Port waters.
(j) The contractor shall take all care and precautionary measures for avoiding damage or accidents to the
work from ship or other water crafts movements or other operations in the area. The department will
not entertain any claim from the contractor whatsoever, towards compensation for any such damage
or accident occurring during the execution of the contract.
(k) The work shall be arranged by the contractor without causing any hindrance to the ship and other
water craft operating in the area. No damage shall be caused to the structures in the area, water
crafts operating in the area or otherwise by the contractor’s operations. Any damage or accident
caused by the contractor’s operations shall be compensated/made good at the contractor’s risk and
cost.
(l) The contractor shall remove any plant (floating or otherwise) belonging to him or to any person
employed by him which might have sunk in the course of work or otherwise deal with the same as
directed by the Engineer and until the same is raised and removed, the contractor shall set on such
buoys and display at night such lights for avoiding any mishaps.
Unless otherwise stated in the Particular Conditions:
(a) the Contractor shall be responsible for keeping unauthorised persons off the Site, and
(b) Authorised personnel shall be limited to the Contractor's Personnel and the Employer's
Personnel; and to any such other personnel as are notified in writing by the Employer to the
Contractor as being the Authorised personnel to enter the Works area.
5.16.2 Security and Lighting
The Contractor at his own cost shall make such provisions for lighting of Works, Temporary Works, Materials
and Plant whether on shore or afloat, and shall provide all such marks and lights as instructed by the Engineer
/ Engineer’s Representative and as may be required by the Engineer or any other authority having jurisdiction
over the Site together with all labour stores and services required for their efficient working and use at any
time, day or night and all marks by floats buoys etc. as required for the proper indication of submerged work
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and of moorings for his vessels.
All lights provided by the Contractor shall be placed or screened such as not to interfere with any navigation
lights or with any traffic or signal lights of the Mumbai Port or any other nearby Port / DGLL etc.
5.16.3 Employer's Responsibilities on Safety
If the Employer carries out any work on the Site with his own workmen he shall in respect of such work:
(a) have full regard to the safety of all persons entitled to be upon the Site, and
(b) Keep the Site in an orderly state, appropriate to have avoidance of danger to such persons.
If the Employer employs other Contractors on the Site, he shall require them to have the same regard for
safety and avoidance of danger to life and property at Site.
5.17 CARE OF WORKS
5.17.1 Care of Works
The Contractor shall take all responsibility for the care of the Works and materials and Plant for incorporation
therein from the Commencement Date until the date of completion of all outstanding works notified during
the Defects Liability Period. The Contractor shall take full responsibility for the care of any outstanding Works
and materials and Plant for incorporation therein which he undertakes to finish during the Defects Liability
Period until such outstanding Works have been completed pursuant to Clause 5.45.2 [Completion of
Outstanding Works and Remedying Defects].
5.17.2 Responsibility to Rectify Loss or Damage
If any loss or damage occurs to the Works, or any part thereof, or materials or Plant for incorporation therein
during the period for which the Contractor is responsible for the care thereof, from any cause whatsoever,
other than the risks defined in Sub-Clause 5.17.4 [Force Majeure ], the Contractor shall at his own cost rectify
such loss or damage so that the Permanent Works conform in every respect with the provisions of the
Contract to the satisfaction of the Engineer. The Contractor shall also be liable for any loss or damage to the
Works which occurs after issue of Taking-over Certificate till the issue of the Performance Certificate, which
arose from a previous event or future event of any work to be carried out by him for the purpose of
complying with his obligations under Clause 5.45 [Defects Liability] and Clause 5.48 [Contractor To Search].
5.17.3 Loss or Damage Due to Force Majeure
In the event of any such loss or damage occurring from any of the risks defined in Sub-Clause 5.17.4 [Force
Majeure ], or in combination with other risks, the Contractor shall, if and to the extent required by the
Engineer, rectify the loss or damage and the Engineer shall determine any extension of time in accordance
with Clause 5.37 [Extension Of Time For Completion] (The Contractor shall not be entitled for any additional
cost) For avoidance of doubt, the Contractor shall not be entitled for any additional cost compensation on
this account except for Special Risks cover by Clause 5.58. [SPECIAL RISKS]. Upon such determination of any
extension of time, Engineer shall notify the Contractor accordingly, with a copy to the Employer. In the case of
a combination of risks causing loss or damage any such determination by Engineer shall take into account the
proportional responsibility of the Contractor and the Employer.
5.17.4 Force Majeure
5.17.4.1 In this Clause, “Force Majeure” means an exception event or circumstance:
(a) which is beyond a Party’s control
(b) which such Party could not reasonably have provided against before entering into the Contract;
(c) which, having arisen, such Party could not reasonably have avoided or overcome; and
(d) which is not substantially attributable to the other Party
5.17.4.2 Force Majeure may include, but is not limited, to exceptional events or circumstances of the kind
listed below, so long as conditions (a) to (d) above are satisfied:
(a) War hostilities (whether war be declared or not), invasion, act of foreign enemies, rebellion,
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revolution, insurrection or military or usurped power, or civil war, ionising radiations, or
contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the
combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any
explosive, nuclear assembly or nuclear component thereof.
(b) Tsunami waves from sea, pressure waves caused by aircraft or other aerial devices travelling at sonic
or supersonic speeds.
(c) Riot, terrorist attack, commotion or disorder, unless solely restricted to employees of the Contractor
or of his Sub-Contractors and arising from the conduct of the Works.
(d) Natural catastrophes such as earthquakes, cyclones, typhoon, volcanic activity, fire, floods,
unbearable climatic changes and the like
(e) Loss or damage due to the use or occupation by the Employer of any Section or part of the
Permanent Works, except as may be provided for in the Contract.
(f) loss or damage to the extent that it is due to the design of the Works, other than any part of the
design provided by the Contractor or for which the Contractor is responsible.
5.18 INSURANCE
5.18.1 General Requirements for Insurances

The Contractor shall be the “Insuring Party” responsible for effecting and maintaining the insurance specified
in the relevant Sub-Clause.
Each insurance shall be effected with an Insurance Company approved by the Employer and shall be in terms
approved by the Employer. These terms shall be consistent with any terms agreed by both Parties before they
signed the Contract Agreement. This agreement of terms shall take precedence over the provisions of this
Clause.
If a policy is required to indemnify joint insured, the cover shall apply separately to each insured as though a
separate policy had been issued for each of the joint insured. If a policy indemnifies additional joint insured,
namely in addition to the insured specified in this Clause,
(i) the Contractor shall act under the policy on behalf of these additional joint insured except that the
Employer shall act for Employer's Personnel,
(ii) additional joint insured shall not be entitled to receive payments directly from the insurer or to have any
other direct dealings with the insurer, and
(iii) The Contractor shall require all additional joint insured to comply with the conditions stipulated in the
policy.
Each policy insuring against loss or damage shall provide for payments to be made in the currencies required
to rectify the loss or damage. Payments received from insurers shall be used for the rectification of the loss or
damage.
The Contractor shall, from the start of the work at site until date of issue of relevant Performance Certificate
in respect of the Works or any section or part thereof as the case may be, submit to the Employer / Engineer:
a) evidence that the insurances described in this Clause have been effected, and
b) Copies of the policies for the insurances described in Sub-Clause 5.18.2 [Insurance for Works and
Contractor’s Equipment] and Sub-Clause 5.18.3 [Insurance against death of or Injury to Persons and
Damage to Property].
When each premium is paid, the Contractor shall submit evidence of payment to the other Engineer/
Employer.
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Each Party shall comply with the conditions stipulated in each of the insurance policies. The Contractor shall
keep the insurers informed of any relevant changes to the execution of the Works and ensure that insurance
is maintained in accordance with this Clause.
Neither Party shall make any material alteration to the terms of any insurance without the prior approval of
the other Party. If an insurer makes (or attempts to make) any alteration, the Party first notified by the insurer
shall promptly give notice to the other Party.
If the Contractor fails to effect and keep in force any of the insurances it is required to effect and maintain
under the Contract, or fails to provide satisfactory evidence and copies of policies in accordance with this Sub-
Clause, the Employer may (at its option and without prejudice to any other right or remedy) effect insurance
for the relevant coverage and pay the premiums due and deduct those amounts from any monies due or to
become due to the Contractor, or recover the same as debt due from the Contractor.
Nothing in this Clause limits the obligations, liabilities or responsibilities of the Contractor or the Employer,
under the other terms of the Contract or otherwise. Any amounts not insured or not recovered from the
insurers shall be borne by the Contractor and / or the Employer in accordance with these obligations,
liabilities or responsibilities. However, if the Contractor fails to effect and keep in force an insurance which is
available and which it is required to effect and maintain under the Contract, and the Employer neither
approves the omission nor effects insurance for the coverage relevant to this default, any moneys which
should have been recoverable under this insurance shall be paid by the Contractor.
5.18.2 Insurance for Works and Contractor’s Equipment

The Contractor shall insure the Works, Plant, Materials and Contractor's Equipment for not less than the full
reinstatement cost including the costs of demolition, removal of debris and professional fees and profit. This
insurance shall be effective from the date of Commencement of Works until the date of issue of the Taking-
Over Certificate for the Works.
The Contractor shall maintain this insurance to provide cover until the date of issue of the Performance
Certificate, for loss or damage for which the Contractor is liable arising from a cause occurring prior to the
issue of the Taking-Over Certificate, and for loss or damage caused by the Contractor or Subcontractors in the
course of any other operations (including those under Clause 5.45 [Defects Liability] and Clause 5.44 [Tests
After Completion])
The Contractor shall insure his Equipment for not less than the full replacement value, including delivery to
Site. For each item of Contractor's Equipment, the insurance shall be effective while it is being transported to
the Site and until it is no longer required as Contractor's Equipment.
Unless otherwise stated in the Contract, insurances under this Sub-Clause:
a) shall be effected and maintained by the Contractor with an Insurance Company approved by the
Employer,
b) shall be in the joint names of the Employer and the Contractor, who shall be jointly entitled to receive
payments from the insurers, payments being held or allocated between the Parties for the sole
purpose of rectifying the loss or damage,
c) shall cover all loss and damage from any cause not listed in Sub-Clause 5.17.4[Force Majeure ],
d) may however exclude loss of, damage to, and reinstatement of:
(i) a Section or part of the Works which is in a defective condition due to a defect in its design,
materials or workmanship (but cover shall include any other parts which are lost or damaged as a
direct result of this defective condition and not as described in sub-paragraph (ii) below),
(ii) a Section or part of the Works which is lost or damaged in order to reinstate any other part of the
Works if this other part is in a defective condition due to a defect in its design, materials or
workmanship,
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(iii) a Section or part of the Works which has been taken over by the Employer, except to the extent
that the Contractor is liable for the loss or damage, and
Contractor’s all risk policy for Works, Plant and Contractor’s Equipment, should be obtained by the Contractor
from an Insurance Company approved by the Employer, for the replacement value of the Works. Insurance
shall be in the joint names of the Employer and the Contractor.
5.18.3 Insurance against death of or Injury to Persons and Damage to Property

The Contractor shall insure against each Party's liability for any loss, damage, death or bodily injury which may
occur to any physical property (except things insured under Sub-Clause 5.18.2 [Insurance for Works and
Contractor’s Equipment]) or to any person (except persons insured under Sub-Clause 5.18.4 [Insurance to
Contractor’s Personnel]), which may arise out of the Contractor's performance of the Contract and occurring
until the issue of the Performance Certificate.
The minimum amount for this third party insurance shall be the amount stated in the Conditions of Particular
Application / Appendix to Tender. The insurance Policy shall include a cross liability Clause such that the
insurance shall apply to the Contractor and to the Employer as separately insured.
This insurance shall be for a limit per occurrence of not less than the amount stated in the Conditions of
Particular Application / Appendix to Tender, with no limit on the number of occurrences.
Unless otherwise stated in the Conditions of Particular Application, the insurances specified in this Sub-
Clause:
a) shall be effected and maintained by the Contractor as insuring Party with an Insurance Company
approved by the Employer,
b) shall be in the joint names of the Parties,
c) shall be extended to cover liability for all loss and damage to the Employer's property (except things
insured under Sub-Clause 5.18.2 [Insurance for Works and Contractor’s Equipment]) arising out of the
Contractor's performance of the Contract, and
d) may however exclude liability to the extent that it arises from:
i. the Employer's right to have the Permanent Works executed on, over, under, in or through any
land, and to occupy this land for the Permanent Works,
ii. damage which is an unavoidable result of the Contractor's obligations to execute the Works and
remedy any defects, and
iii. A cause listed in Sub-Clause 5.17.4 [Force Majeure ], except to the extent that cover is available
at commercially reasonable terms.
5.18.4 Insurance to Contractor’s Personnel

The Contractor shall effect and maintain insurance against liability for claims, damages, losses and expenses
(including legal fees and expenses) arising from injury, sickness, disease or death of any person employed by
the Contractor or any other of the Contractor's Personnel.
The minimum amount for this third party insurance shall be the amount stated in the Conditions of Particular
Application / Appendix to Tender. The insurance Policy shall include a cross liability Clause such that the
insurance shall apply to the Contractor and to the Employer as separately insured.
The Employer shall also be indemnified under the policy of insurance, except that this insurance may exclude
losses and claims to the extent that they arise from any act or neglect of the Employer or of the Employer's
Personnel.
The insurance shall be maintained in full force and effect during the whole time that these personnel are
assisting in the execution of the Works. For a Subcontractor's employees, the insurance may be effected by
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the Subcontractor, but the Contractor shall be responsible for compliance with this Clause.
5.19 RISK AND RESPONSIBILITY

5.19.1 Indemnities
The Contractor shall, except if and so far as the Contract provides otherwise, indemnify and hold harmless,
the Employer against all losses, claims and expenses in respect of:
(a) bodily injury, sickness, disease or death, of any person whatsoever arising out of or in the course of or
by reason of the design, execution and completion of the Works and the remedying of any defects,
unless attributable to any negligence, wilful act or breach of the Contract by the Employer, the
Employer's Personnel, or any of their respective agents, and
(b) damage to or loss of any property, real or personal (other than the Works), to the extent that such
damage or loss:
i. arises out of or in the course of or by reason of the design, execution and completion of the Works
and the remedying of any defects, and
ii. Is not attributable to any negligence, wilful act or breach of the Contract by the Employer, the
Employer's Personnel, their respective agents, or anyone directly or indirectly employed by any of
them.
5.20 COMPLIANCE WITH STATUTES, REGULATIONS

The Contractor shall conform in all respects, including by giving of all notices and paying of all fees, with the
provision of:
(a) any National or State Statute, Ordinance, or other Law, or any regulation, or by-law of any local or
other duly constituted authority in relation to the execution and completion of the Works and the
remedying of any defects therein, and
(b) The rules and regulations of all public authorities and companies whose property or rights are affected
or may be affected in any way by the Works.
And the Contractor shall keep the Employer indemnified against all penalties and liability of every kind for
breach of any such provisions.
5.21 FOSSILS
The Contractor shall on discovery of any fossils, coins, articles of value or antiquity and structures and other
remains or things of geological or archaeological interest on the Site, give prompt notice to the Employer /
Engineer and hand over the same to the Employer. The Contractor shall take reasonable precautions to
prevent his workmen or any other person from removing or damaging or taking away any such article or thing
and shall comply with laws in this regard.
Contractor is not required to do anything more except to ensure that it is not damaged and is handed over to
the Employer. If any remediation is needed, the same will be covered under “Variations” as per clause 5.49
“VARIATIONS AND ADJUSTMENTS” following under Clause 5.49.3 “Variation Procedure”
5.22 RIGHTS AND ROYALTIES

5.22.1 Intellectual and Industrial Property Rights
In this Sub-Clause, "infringement" means an infringement (or alleged infringement) of any patent, registered
design, copyright, trade mark, trade name, trade secret or other intellectual or industrial property right
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relating to the Works; and "claim" means a claim (or proceedings pursuing a claim) alleging an infringement.
Whenever a Party does not give notice to the other Party of any claim within 28 days of receiving the claim,
the first Party shall be deemed to have waived any right to indemnity under this Sub-Clause.
The Employer shall indemnify and hold the Contractor harmless against and from any claim alleging an
infringement which is or was:
(a) an unavoidable result of the Contractor's compliance with the Employer's Requirements, or
(b) a result of any Works being used by the Employer:
i. for a purpose other than that indicated by, or reasonably to be inferred from, the Contract, or
ii. In conjunction with anything not supplied by the Contractor, unless such use was disclosed to the
Contractor prior to the Base Date or is stated in the Contract.
The Contractor shall indemnify and hold the Employer harmless against and from any other claim which
arises out of or in relation to
i. the Contractor's design, manufacture, construction or execution of the Works,
ii. the use of Contractor's Equipment, or
iii. the proper use of the Works
If a Party is entitled to be indemnified under this Sub-Clause, the indemnifying Party may (at its cost) conduct
negotiations for the settlement of the claim, and any litigation or arbitration which may arise from it. The
other Party shall, at the request and cost of the indemnifying Party, assist in contesting the claim. This other
Party (and its Personnel) shall not make any admission which might be prejudicial to the indemnifying Party
unless the indemnifying Party failed to take over the conduct of any negotiations, litigation or arbitration
upon being requested to do so by such other Party.
5.22.2 Royalties and Permission for mining, quarrying, etc
In addition to obtaining necessary permissions for mining / quarrying from the concerned authorities, the
royalty for various materials such as stones, sand, gravel, clay or other materials required to execute the work
either by the Contractor, or his Sub-Contractors, from Government or a private quarry / land shall be paid by
the Contractor at the rates specified by the State Government / respective authorities.
Any rent or compensation payable on account of such quarrying shall be paid by the Contractor.
The Contractor shall indemnify the Employer against any claim from the Government / other authorities /
private parties for non-payment / short payment of any royalty / other charges and the Contractor shall pay
such sum as demanded. If any such claim is made on and settled by the Employer, the Contractor shall
promptly reimburse the amount of such claim to the Employer, failing which such amount shall be deducted
by the Employer from the running bills of the Contractor.
5.23 AVOIDANCE OF INTERFERENCE
All operations necessary for the execution and completion of the Works and the remedying of any defects
therein shall, so far as compliance with the requirements of the Contract permits, be carried on so as to not to
interfere unnecessarily or improperly with:
(a) the convenience of the public; or
(b) The access to use and occupation of public or private roads and footpaths to or of properties whether
in the possession of the Employer or of any other person.
(c) The activities of fishing if any.
The Contractor shall save harmless and indemnify the Employer against and from all claims, proceedings,
damages, costs, charges and expenses whatsoever arising out of such unnecessary interference.
5.24 CONTRACTOR'S RESPONSIBILITY - TRANSPORT OF MATERIALS
5.24.1 Avoidance of Damage to Roads
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The Contractor shall be deemed to have been satisfied as to the suitability and availability of access roads.
The Contractor shall use every reasonable means to prevent any of the roads or bridges communicating with
or on the routes to the Site from being damaged or injured by any traffic of the Contractor or any of his Sub-
Contractors and, in particular, shall select routes, choose and use vehicles and restrict and distribute loads so
that any such extraordinary traffic as will inevitably arise from the moving of materials, Plant, Contractor's
Equipment or Temporary Works from and to the site shall be limited, as far as reasonably possible, and so
that no unnecessary damage or injury may be occasioned to such road and bridges. If any such claim is made
on and settled by the Employer, the Contractor shall promptly reimburse the amount of such claim to the
Employer, failing which such amount shall be deducted by the Employer from the running bills of the
Contractor.
5.24.2 Transport of Contractor's Equipment or Temporary Works
Save insofar as the Contract otherwise provides, the Contractor shall be responsible for and shall pay the cost
of strengthening any bridges or altering or improving or repairing any road communicating with or on the
routes to the Site to facilitate the movement of Contractor's Equipment or Temporary Works and the
Contractor shall indemnify and keep indemnified the Employer against all claims for damage to any such road
or bridge caused by such movement including such claims as may be made directly against the Employer and
shall negotiate and pay all claims arising solely out of such damage.
5.24.3 Transport of Materials or Plant
If, notwithstanding Sub-Clause 5.24.1 [Avoidance of Damage to Roads], any damage occurs to any bridge or
road communicating with or on the routes to the Site arising from the transport of materials or Plant, the
Contractor shall notify the Engineer / Engineer’s Representative as soon as he becomes aware of such
damage or as soon as he receives any claim from the authority entitled to make such claim. Where under any
law or regulation the hauler of such materials or Plant is required to indemnify the road authority against
damage, the Employer shall not be liable for any costs, charges or expenses in respect thereof or in relation
thereto. Provided that if and so far as any such claim or part thereof is in the opinion of the Engineer /
Engineer’s Representative due to any failure on the part of the Contractor to observe and perform his
obligation under Sub-Clause 5.24.1 [Avoidance of Damage to Roads], then the amount, determined by the
Engineer / Engineer’s Representative, to be due to such failure shall be recoverable from the Contractor by
the Employer / Engineer / Engineer’s Representative and will be deducted from any monies due or to become
due to the Contractor and the Employer / Engineer / Engineer’s Representative shall notify the Contractor
accordingly.
5.24.4 Waterborne Traffic
Where the nature of the Works is such as to require the use by the Contractor of waterborne transport, the
foregoing provisions of this Clause shall be construed as though "road" included a lock, dock, sea wall or other
structure related to a waterway and "vehicle" included craft and shall have effect accordingly.
5.25 OTHER CONTRACTORS
5.25.1 Opportunities for Other Contractors
The Contractor shall in accordance with the requirements of the Employer, afford all reasonable opportunities
for carrying out the works of:
(a) Any other Contractors employed by the Employer and their workmen;
(b) The workmen of the Employer, and
(c) The workmen of any duly constituted authority who may be involved in the execution on or near the
site of any work not included in the Contract or of any Contract which the Employer may enter into in
connection with or ancillary to the Works.
5.25.2 Facilities for Other Contractors
If, however, pursuant to Sub-Clause 5.25.1 [Opportunities for Other Contractors] the Contractor shall, on the
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written Instructions of the Engineer / Engineer’s Representative:
(a) make available to any such other Contractor, or to the Employer or any such authority, any roads or
ways for the maintenance of which the Contractor is responsible, or
(b) permit the use by any such, of Temporary Works or Contractor's Equipment on the Site, or
(c) provide any other service of whatsoever nature for any such Contractor,
(d) Not to cause any disruption, interference or inconvenience to other Contractors working in the project
Site simultaneously as required by the Employer for the Timely Completion of the project. The
Engineer/Employer shall have close co-ordination with various contractors working and ensure
smooth functioning of all activities.
The Engineer / Engineer’s Representative shall determine an additional cost wherever necessary in
accordance with Clause 5.50 [Valuation Of Variations And Dayworks] and shall notify the Contractor
accordingly.
5.26 KEEPING THE SITE CLEAR

5.26.1 Contractor to Keep Site Clear
During the execution of the Works, the Contractor shall keep the Site reasonably free from all unnecessary
obstructions and shall store or dispose off any Contractor's Equipment and surplus materials and clear away
and remove from the Site any wreckage, rubbish or Temporary Works no longer required.
5.26.2 Clearance of Site on Completion
Upon the issue of any Taking-over Certificate, the Contractor shall clear away and remove from that part of
the Site to which such Taking-over Certificate relates, all Contractor's Equipment, surplus material, rubbish
and Temporary Works of every kind, and leave such part of the Site and Works clean and in a workmanlike
condition to the satisfaction of the Engineer / Engineer’s Representative, provided that the Contractor shall
be entitled to retain on Site, until the end of the Defects Liability Period such materials, Contractor's
Equipment and Temporary Works as are required by him for the purpose of fulfilling his obligation during the
Defects Liability Period, with the approval of the Engineer / Engineer’s Representative.
The Contractor shall remove all materials brought to site / stacked at the work site or anywhere else within
the Employer’s area and clear the Site at his cost to the full satisfaction of the Engineer before the site is
returned to the Employer. All such materials including debris, tools and plants etc. shall be disposed off to any
place as pointed out by the Engineer or be taken away from the location and shall be cleared in every respect
and to reinstate to its original condition at no extra cost to the Employer immediately after completion of the
work. In case, any such material is found left in the work site or anywhere in the Employer’s area, rent for the
storage space occupied by the contractor, either for stacking the materials /debris or for areas used for such
purpose but not cleared thereafter, will be recovered as per the prevailing Scale of Rate of Employer, for the
rent applicable for open storage space for commercial purpose, for the period for which the area had been
occupied by the contractor. In addition to the above, in case the Employer requires the area immediately for
its use, Employer will repossess the land after restoring it to its original condition, material will be confiscated
and disposed off at the risk and cost of the contractor, after issuing two notices giving 15 days’ time each for
removing the material. All expenses incurred on this shall be recovered by disposing off the material if any
confiscated, if any by the Employer. If any balance amount still remains to be realised, the same will be
recovered from any of the payment due to become due to the Contractor or adjusted against any of the
Securities furnished by the Contractor.
5.27 USEAGE OF WATER FRONT BY THE CONTRACTOR

5.27.1 Usage of Water Front
If the water front is needed to facilitate any constructional activities, a written request shall be made by the
Contractor to the Engineer / Engineer’s Representative with proper justification, which will be considered by
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the Engineer / Engineer’s Representative and necessary Approval may be provided.
5.27.2 Contractor's Temporary Moorings
Should the Contractor need, in connection with implementing the Works, to provide temporary moorings for
his craft he may be allowed to do so in location and manner approved by the Engineer / Engineer’s
Representative subject to all necessary permissions being first obtained by the Contractor, and such moorings
shall be removed if and when required by the Engineer / Employer / Director of Ports.
5.28 LABOUR
5.28.1 Engagement of Staff and Labour
The Contractor shall, make his own arrangements for the engagement of all staff and labour, local or other,
and for their payment, housing, feeding and transport etc. While employing unskilled, semiskilled and skilled
workers for execution of the Work, preference should be given to the local people.
Settling any dispute with the labour will be contractor's responsibility. However, the Employer shall provide
all necessary assistance for the same. The Contractor shall ensure that no labourers with criminal background
are engaged for the work.
5.28.2 Labour Laws and Regulations
The Contractor shall at all times during the continuance of the Contract comply fully with all existing Acts,
Rules, Regulations and Bye-laws including all statutory amendments and re-enactments of State or Central
Government and other local authorities and any other laws that may be passed in future either by the State
or the Central Government or local authority, including Indian Workmen's Compensation Act, Contract Labour
(Regulation & Abolition) Act 1970 and Equal Remuneration Act 1976, Employees' State Insurance Act, 1948,
Factories Act, Minimum Wages Act, Employees' Provident Fund Act and schemes made under same Act. The
Contractor shall also make adequate arrangements for Sanitary, First-Aid, Medical, Ambulance, insurance,
canteen and other facilities for labour and staff so as to facilitate smooth execution of Works at Site. The
Contractor shall keep the Employer indemnified in case any action is commenced by the appropriate
authorities for contravention by the Contractor of any of the foregoing provisions. If the Employer is caused
to pay or reimburse any amounts as may be necessary to cause or observe, or for non-observance of the
provisions stipulated here-forth on the part of the Contractor, the Employer shall have the 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 from any of the payments due or to become due to the Contractor or adjust the
same against any of the Securities of the Contractor.
The Contractor shall be responsible for obtaining any and all clearances required for execution of the Works
from the local labour department.
5.28.3 Supply of Water and other facilities including Safety Gear
The Contractor shall, provide on the Site, to the satisfaction of the Engineer / Engineer’s Representative,
adequate supply of drinking and other water for the use of the Contractor's staff and labour working at Site.
No ground water shall be tapped for this purpose.
Workers employed on mixing and handling materials such as cement, cement mortars, concrete and asphalt
shall be provided with protective footwear and rubber hand gloves and thin cloth for covering face and head.
Those engaged in welding work shall be provided with welder protective eye shield and glove.
The workers should be supplied with suitable facemasks for use while spray painting and when surfaces
having leaded paint are dry rubbed and scrapped. Necessary and adequate washing facilities shall be
provided by the Contractor to enable the painters to wash of their bodies upon f cessation of painting.
All safety rules shall be strictly followed while working on live electrical systems or installations as stipulated
in the relevant Rules.
5.28.4 Life Saving Appliance and First Aid
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The Contractor shall provide and maintain at Site sufficient, proper and efficient life saving appliances and
first aid equipment to the satisfaction of the Engineer / Engineer’s Representative. The appliances and
equipment shall be available for use at all times.
5.28.5 Alcoholic Liquor or Drugs
The Contractor shall not, otherwise than in accordance with the Statutes, Ordinances and Government
Regulations or Orders for the time being in force, import, sell, give, barter or otherwise dispose of any
alcoholic liquor, or drugs, or permit or suffer any such importation, sale, and gift, barter disposal by his Sub-
Contractor agents or employees. The Contractor shall fully indemnify the Employer from any consequences
both financial and criminal arising as a result of Indian laws in this regard.
5.28.6 Arms and Ammunition
The Contractor shall not give, barter or otherwise dispose of to any persons or person, any arms or
ammunition of any kind or permit or suffer the same as aforesaid. The Contractor shall fully indemnify the
Employer from any consequences, financial and criminal, arising as a result of any violation of this provision
by the Contractor or any of his personnel. .
5.28.7 Festivals and Religious Customs
The Contractor shall in all dealings with labour in his employment have due regard to all recognised festivals,
days of rest and religious or other customs.
5.28.8 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 State Government, Employer or the local
medical or sanitary authorities for the purpose of dealing with and overcoming such epidemics.
5.28.9 Disorderly Conduct, etc

The Contractor shall at all times take all reasonable precautions to prevent any unlawful, riotous or disorderly
conduct by or amongst his employees and for the preservation of peace and protection of persons and
property in the neighbourhood of the Works against such conduct by his employees.
5.28.10 Housing for Labour

Save in so far as the Contract otherwise provides, the Contractor shall provide and maintain such
accommodation and amenities as he may consider necessary for all his staff and labour employed for the
purposes of or in connection with the Contract. Kitchen, Canteen, fire prevention and fire-fighting equipment,
furniture, other requirements in connection with such accommodation or amenities including sanitation
facilities shall also be provided by the Contractor at his own cost. On request from the Contractor, the
Employer shall allot suitable area for labour camps in the vicinity of project site on lease and lease rentals
shall be as per the prevailing Scale of Rates. However, all expenses towards obtaining necessary permissions
from various statutory authorities shall be the responsibility of the Contractor.
The Contractor shall ensure that the construction workers do not cut trees including mangroves for fuel wood
purpose.
5.28.11 Fair Wages, Records, Inspection
The Contractor shall pay the labourers engaged by him in execution of Works not less than a fair wage as
fixed by the Labour Department of Govt. of Maharashtra or the Government of India payable for the
different categories of labourers of those notified under the Minimum Wages Act.
The Contractor shall maintain records of Wages and other remuneration paid to his employees in such form
as may be convenient and to the requirements of the Employer and the Labour enforcement Officer (Central),
Ministry of labour, Government of India, or such other authorised person appointed by the Government of
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India. The Contractor shall allow inspection of the aforesaid Wage Records and wage slips by the Employer/
Engineer and by any of his authorised person.
5.28.12 Reporting of Accidents
The Contractor shall report to the Engineer/Engineer’s Representative details of any accident as soon as
possible after its occurrence. In the case of any fatality or serious accident, the Contractor shall, in addition,
notify the local police authorities immediately.
5.28.13 Observance by Sub-Contractors
The Contractor shall be responsible for observance by his Sub-Contractors of the foregoing provisions.
5.28.14 Entry Permission to the Site
The Contractor shall obtain necessary permissions from the Engineer / Engineer’s Representative for his
personnel and workers for entry in to the Site. The Contractor shall keep the unauthorised persons off the
site, and permission shall be restricted to Contractor's Personnel and Employer's personnel.
5.29 RETURNS OF LABOUR AND CONTRACTOR'S EQUIPMENT
The Contractor shall, if required by the Engineer / Engineer’s Representative, delivers a return in detail, in
such form and at such intervals as may be prescribed showing the number of staff, several classes of labour
from time to time employed by the Contractor on the site and such information regarding Contractor's
Equipment as the Engineer / Engineer’s Representative may require.
5.30 PLANT, MATERIALS, AND WORKMANSHIP
The detailed list of equipment/machineries/tools and plants proposed to be mobilised for the deployment in
the work as furnished by the Contractor and method of execution furnished by Contractor, are considered
only for the technical appreciation of the proposal of the contractors and it shall not relieve the contractor of
his responsibility of executing the Works of such quality specified in the Tender should there be any
discrepancy between actual quality and specified quality, quality and construction procedures specified or
detailed in the Tender shall prevail. In case, any additional equipment are required to be mobilised than
those listed in the tender for deployment in the work, it shall be arranged and the work executed as per the
tender specifications without any extra cost to the Department
5.30.1 Manner of Execution
The Contractor shall carry out the manufacture of Plant, Materials and other items and execution of the
Works:
(a) in the manner (if any) specified in the Contract,
(b) in a proper workmanlike manner, in accordance with recognised good practice, and
(c) using with properly equipped facilities and non-hazardous Materials, except as otherwise specified in
the Contract
5.30.2 Samples
The Contractor shall submit samples to the Engineer, for review in accordance with the procedures for
Contractor's Documents described in Sub-Clause 5.6.2 [Contractor’s Documents], as specified in the Contract
and at the Contractor's cost. Each sample shall be labelled as to origin and intended use in the Works.
5.30.3 Inspection
The Employer's Personnel including the Engineer shall at all reasonable times:
(a) have full access to all parts of the Site and to all places from which natural Materials are being
obtained, and
(b) During production, manufacture and construction (at the Site and, to the extent specified in the
Contract, elsewhere), be entitled to examine, inspect, measure and test the materials and
workmanship, and to check the progress of manufacture of Plant and production and manufacture of
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Materials.
The Contractor shall give the Employer's Personnel full opportunity to carry out these activities, including
providing access, facilities, permissions and safety equipment. No such activity shall relieve the Contractor
from any of his obligation or responsibility for proper execution and completion of the Works.
In respect of the work which Employer's Personnel and the Engineer are entitled to examine, inspect,
measure and / or test, the Contractor shall give notice to the Engineer whenever any such work is ready and
before it is covered up, put out of sight, or packaged for storage or transport. The Engineer shall then either
carry out the examination, inspection, measurement or testing without unreasonable delay, or promptly give
notice to the Contractor that the Engineer does not require to do so. If the Contractor fails to give the notice,
he shall, if and when required by the Engineer, uncover the work and thereafter reinstate and make good, all
at the Contractor's cost.
5.30.4 Testing
This Sub-Clause shall apply to all tests specified in the Contract, other than the Tests after Completion (if any).
The Contractor shall provide all apparatus, assistance, documents and other information, electricity,
equipment, fuel, consumables, instruments, labour, materials, and suitably qualified and experienced staff, as
are necessary to carry out the specified tests efficiently. The Contractor shall agree, with the Engineer, the
time and place for the specified testing of any Plant, Materials and other parts of the Works.
The Engineer may, under Clause 5.49 [Variations And Adjustments], vary the location or details of specified
tests, or instruct the Contractor to carry out additional tests. If these varied or additional tests show that the
tested Plant, Materials or workmanship is not in accordance with the Contract, the cost of carrying out this
Variation shall be borne by the Contractor, notwithstanding other provisions of the Contract.
The Engineer shall give the Contractor not less than 24 hours' notice of the Engineer's intention to attend the
tests. If the Engineer does not attend at the time and place agreed, the Contractor may proceed with the
tests, unless otherwise instructed by the Engineer, and the tests shall then be deemed to have been made in
the Engineer's presence.
If the Contractor suffers delay and / or incurs Cost from complying with these instructions or as a result of a
delay for which the Engineer is responsible, the Contractor shall give notice to the Engineer and shall be
entitled subject to Sub-Clause 5.51 [Procedure For Claims] to:
(a) an extension of time for any such delay, if completion is or will be delayed, under Clause 5.37
[Extension Of Time For Completion]
After receiving this notice, the Engineer shall proceed in accordance with Sub-Clause 5.4.9 [Determinations]
to agree or determine these matters.
The Contractor shall promptly forward to the Engineer duly certified reports of the tests. When the specified
tests have been passed, the Engineer shall endorse the Contractor's test certificate, or issue a certificate to
him, to that effect. If the Engineer has not attended the tests, he shall be deemed to have accepted the
readings as accurate.
5.30.5 Rejection
If, as a result of an examination, inspection, measurement or testing, any Plant, Materials, design or
workmanship is found to be defective or otherwise not in accordance with the Contract, the Engineer may
reject the Plant, Materials, design or workmanship by giving notice to the Contractor, with reasons. The
Contractor shall then promptly make good the defect and ensure that the rejected item complies with the
Contract.
If the EIC requires this Plant, Materials, design or workmanship to be retested, the tests shall be repeated
under the same terms and conditions. If the rejection and retesting cause the Employer to incur additional
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costs, the Contractor shall be required to pay these costs to the Employer, failing which such costs shall be
deducted from any of the payments due or to become due to the Contractor or adjusted against any of the
Securities of the Contractor.
5.30.6 Remedial Work
Notwithstanding any previous test or certification, the Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which is not in accordance with the Contract,
(b) remove and re-execute any other work which is not in accordance with the Contract, and
(c) Execute any work which is urgently required for the safety of the Works, whether because of an
accident, unforeseeable event or otherwise.
If the Contractor fails to comply with any such instruction, which complies with Sub-Clause 5.4.7
[Instructions], the Employer shall be entitled to employ and pay other persons to carry out the work. Except
to the extent that the Contractor would have been entitled to payment for the work, the Contractor shall
subject to Sub-Clause 5.4.10 [Employer's Claims] pay to the Employer all costs arising from this failure, failing
which such costs shall be deducted from any of the payments due or to become due to the Contractor or
adjusted against any of the Securities of the Contractor.
5.31 PROCEDURE FOR COVERING UP

5.31.1 Examination of Works before Covering up
No part of the Work shall be covered up or put out of view without the approval of the Engineer / Engineer’s
Representative and the Contractor shall afford full opportunity for the Engineer / Engineer’s Representative
to examine and measure any such part of the Works which is about to be covered up or put out of view and
to examine foundations before any part of the Works is placed thereon. The Contractor shall give notice to
the Engineer / Engineer’s Representative whenever any such part of the Works or foundations is or are ready
or about to be ready for examination and the Engineer / Engineer’s Representative shall, without
unreasonable delay, unless he considers it unnecessary and advises the Contractor accordingly, attend for the
purpose of examining and measuring such part of the Works or of examining such foundations.
5.31.2 Uncovering and Making Openings
The Contractor shall uncover any part of the Works or make openings in or through the same as the Engineer/
Engineer’s Representative may from time to time instruct and shall reinstate and make good such part. If any
such part has been covered up or put out of view after compliance with the requirement of Sub-Clause 5.31.1
[Examination of Works before Covering up] and is found to be executed in accordance with the Contract, the
Engineer / Engineer’s Representative shall, after due consultation with the Contractor determine the amount
of the Contractor's costs in respect of such uncovering, making openings in or through, reinstating and making
good the same, which shall be added to the Contract Price and shall notify the Contractor accordingly with a
copy to the Employer. In any other case, all costs shall be borne by the Contractor.
5.32 IMPROPER WORK

5.32.1 Removal of Improper Work, Materials or Plant
The Engineer / Engineer’s Representative shall have authority to issue instructions for:
(a) the removal from the Site, within such time or times as may be specified in the instruction, of any
materials or Plant which, in the opinion of the Engineer/Engineer’s Representative, are not in
accordance with the Contract,
(b) the substitution by proper and suitable materials or Plant, and
(c) The removal and proper re-execution of such work, notwithstanding any previous test thereof or
interim payment.
5.32.2 Default of Contractor in Compliance
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In case of default on the part of the Contractor in carrying out such instruction within the time specified
therein, the Employer shall be entitled to employ and pay other persons to carry out the same and all costs
consequent thereon or incidental thereto shall, be determined by the Engineer and shall be recoverable from
the Contractor by the Employer, and may be deducted by Employer from any monies due or to become due
to the Contractor.
5.33 SUSPENSION
5.33.1 Suspension of Work
The Contractor shall, on the instructions of the Engineer/Engineer’s Representative suspend the progress of
the Works or any part thereof for such time and in such manner as the Engineer/Engineer’s Representative
may consider necessary and shall during such suspension, properly protect and secure the Works or such part
thereof so far as is necessary in the opinion of the Engineer/Engineer’s Representative unless such suspension
is:
(a) otherwise provided for in the Contract, or
(b) necessary by reason of some default of or breach of Contract by the Contractor or for which he is
responsible, or
(c) necessary by reason of climatic conditions on the Site, or
(d) necessary for the proper execution of the works or for the safety of the works or any part thereof
(save to the extent that such necessity arises from any act or default by the Employer or from any of
the risks defined in Sub-Clause 5.17.4 [Force Majeure ]), Sub-Clause 5.33.2 [Engineer's Determination
following Suspension] shall apply.
5.33.2 Engineer's Determination following Suspension
Where, pursuant to Sub-Clause 5.33.1 [Suspension of Work], this Sub-Clause applies the Engineer shall, after
due consultation with the Contractor determine:
(a) any extension of time to which the Contractor is entitled under Clause 5.37 [Extension Of Time For
Completion] and
(b) The amount, which shall be added to the Contract price, in respect of the cost incurred by the
Contractor by reason of such suspension, and shall notify the Contractor accordingly, after consulting
the Contractor, with a copy to the Employer.
(c) The Contractor shall not be entitled to an extension of time or to payment of the Cost incurred in
making good the consequences of Contractor's faulty workmanship or materials, or his failure to
protect / store or secure the work properly.
5.33.3 Prolonged Suspension
If the progress of the Works or any part thereof is suspended on the written instructions of the Engineer and
if permission to resume work is not given by the Engineer within a period of 84 days from the date of
suspension then unless such suspension is within paragraph (a), (b), (c), (d), of Sub-Clause 5.33.1 [ Suspension
of Work] , the Contractor may give notice to the Engineer requiring permission within 28 days from the
receipt thereof, to proceed with the Works or that part thereof in regard to which progress is suspended. If
within the said time, such permission is not granted the Contractor may, but is not bound to elect to treat the
suspension where it affects part only of the Works, as an omission of such part under Clause 5.49 [ Variations
And Adjustments] by giving a further notice to the Engineer to that effect, or where it affects the whole of the
Works, treat the suspension as an event of default by the Employer and terminate his employment under the
Contract in accordance with the provisions of Sub-Clause 5.62.1 [Default of Employer], whereupon the
provisions of Sub-Clause 5.62.2 [Removal of Contractor's Equipment] and 5.62.3 [Payment on Termination]
shall apply.
5.33.4 Resumption of Work
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After the permission or instruction to proceed is given, the Contractor and the Engineer shall jointly examine
the Works and the Plant and Materials affected by the suspension. The Contractor shall make good any
deterioration or defect in or loss of the Works or Plant or Materials, which has occurred during the
suspension after receiving from the Engineer an instruction to this effect under Clause 5.49[VARIATIONS AND
ADJUSTMENTS].
5.34 COMMENCEMENT & COMPLETION OF WORKS

The Contractor shall commence the execution of the works within 21 (twenty-one) days of the date of Notice
of Acceptance or NoA (of the Tender). Thereafter, the Contractor shall proceed with the Works with due
expedition and without delay. However, for the purpose of determination of Time for Completion of the
Works as a whole, or any Section thereof, as the case may be, under Clause 5.36 [Time For Completion] the
“Commencement Date” shall be deemed to be the date of NoA issued by the Employer..
5.35 POSSESSION OF SITE

5.35.1 Possession of Site and Access Thereto
Save in so far as the Contract may prescribe the extent of portions of the Site of which the Contractor is to be
given possession from time to time and the order in which such portions shall be made available to the
Contractor and subject to any requirement in the Contract as to the order in which the works shall be
executed, the Employer shall give to the Contractor possession of so much of the Site, and such access as, in
accordance with the Contract, is to be provided by the Employer as may be required by the Contractor to
enable the Contractor to commence and proceed with the execution of the Works in accordance with the
Programme furnished by the Contractor to Engineer and the Employer.
The Employer will, from time to time as the works proceed, give to the Contractor possession of such further
portions of the site as may be required to enable the Contractor to proceed with the execution of the works
with due dispatch in accordance with such programme.
5.35.2 Failure to Give Possession

If the Contractor suffers delay from failure on the part of the Employer to give possession in accordance with
the terms of Sub-Clause 5.35.1[Possession of Site and Access Thereto], the Engineer shall after due
consultation with the Contractor, determine, any extension of time to which the Contractor is entitled under
Clause 5.37 [Extension Of Time For Completion] and shall notify the Contractor accordingly.
5.35.3 Way leaves and Facilities

The Contractor shall bear all costs and charges for special or temporary way leaves required by him in
connection with access to the Site. The Contractor shall also provide at his own cost any additional facilities
outside the site required by him for the purposes of the works.
5.36 TIME FOR COMPLETION

The whole of the Works or each section if indicated in the Contract shall be completed within the period
furnished in the Conditions of Particular Application /Appendix to Tender. However, this will not pre-exempt
the Employer’s right to levy and collection of LD’s if the whole of the works are delayed beyond the time for
completion stated in Clause 5.36 “TIME FOR COMPLETION” in “Conditions Of particular Application”
5.37 EXTENSION OF TIME FOR COMPLETION
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5.37.1 Determination of Extension of Time
In the event of:
(a) the amount or nature of extra or additional work, or
(b) any cause of delay referred to in these conditions, or
(c) exceptionally and unanticipated adverse climatic conditions, or
(d) any delay, impediment or prevention by the Employer,
other than through a default or breach of Contract by the Contractor or for which he is responsible, being
such as fairly to entitle the Contractor to an extension of the Time for Completion of the Works, the Engineer/
Engineer’s Representative shall, after due consultation with the Contractor, determine the amount of such
extension and shall notify the Contractor accordingly.
5.37.2 Contractor to Provide Notification and Detailed Particulars
Provided that the Engineer is not bound to make any determination unless the Contractor has:
(a) within 28 days after such event has first arisen, notified the Engineer with a copy to the Employer and
(b) within 28 days, or such other reasonable time as may be agreed by the Engineer, after such notification
submitted to the Engineer detailed particulars of any extension of time to which he may consider
himself entitled in order that such submission may be investigated at the time.
5.37.3 Interim Determination of Extension

Provided also that where an event has a continuing effect such that it is not practicable for the Contractor to
submit detailed particulars within the period of 28 days referred to in Sub-Clause 5.37.2 [Contractor to
Provide Notification and Detailed Particulars] (b), he shall nevertheless be entitled to an extension of time
provided that he has submitted to the Engineer/Engineer’s Representative, interim particulars at intervals of
not more than 28 days and final particulars within 28 days of the end of the effects resulting from the event.
On receipt of such interim particulars, the Engineer/Engineer’s Representative shall, without undue delay,
make an interim determination of extension of time and on receipt of the final particulars, the Engineer /
Engineer’s Representative shall review all the circumstances and shall determine an overall extension of time
in regard to the event. In both such cases, the Engineer/Engineer’s Representative shall make his
determination after due consultation with the Contractor and shall notify the Contractor of the
determination. No final review shall result in a decrease of any extension of time already determined by the
Engineer/Engineer’s Representative.
5.38 RESTRICTION ON WORKING HOURS
Subject to any provision to the contrary contained in the Contract, none of the works shall save as hereinafter
provided, be carried on during the night or on locally recognised days of rest without the consent of the
Engineer / Engineer’s Representative, except when work is unavoidable or absolutely necessary for the saving
of life or property or for the safety of the works, in which case the Contractor shall immediately advise the
Engineer / Engineer’s Representative.
Provided that the provisions of this Clause shall not be applicable in the case of any work which it is
customary to carry out by multiple shifts such as piling, diaphragm wall construction.
5.39 RATE OF PROGRESS
If for any reason, which does not entitle the Contractor to an extension of time, the rate of progress of the
works at any time, in the opinion of the Engineer/Engineer’s Representative is too slow to comply with the
Time for Completion, the Engineer/Engineer’s Representative shall so notify the Contractor who shall
thereupon take such steps as are necessary, subject to the consent of the Engineer/Engineer’s
Representative, to expedite progress so as to comply with the Time for Completion. In such case the
Contractor shall submit a revised programme and supporting report describing the revised methods,
proposed to adopt to speed up the progress to complete in time for approval of the Engineer/Engineer’s
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Representative. The Contractor shall not be entitled to any additional payment for taking such steps. If, as a
result of any notice given by the Engineer/Engineer’s Representative under this Clause, the Contractor
considers that it is necessary to do any work at night or on locally recognised days of rest, he shall do so with
the prior approval of the Engineer/Engineer’s Representative.
5.40 LIQUIDATED DAMAGES
In case of non-adherence to time indicated in Clause 5.36 [Time For Completion] and consequential delay in
completion of the work, the Liquidated Damage amount shall be deducted from payment due to Contractor
at the rate given in the Conditions of Particular Application / Appendix to Tender. The total amount of
Liquidated Damage shall be limited to percentage given in Appendix to Tender.
The Employer, may without prejudice, to any other method of recovery, deduct the amount of such damages
from any monies due or to become due to the Contractor. The payment or deduction of such damages shall
not relieve the Contractor from his obligations to complete the Works, or from any other of his obligations
and liabilities under the Contract. The levy of Liquidated Damages does not restrict or constrain the Employer
to invoke the Performance Security in case of delay or poor performance as determined by the Engineer.
5.41 BONUS CLAUSE
The Clause is deleted.
5.42 TESTS ON COMPLETION

5.42.1 Contractor’s Obligations
The Contractor shall carry out the Tests on Completion in accordance with this Clause and Sub-Clause 5.30.4
[Testing] after providing the documents in accordance with Sub-Clause 5.70 [As-Built Drawings] and Sub-
Clause 5.6.5 [Operation and Maintenance Manuals].
The Contractor shall give to the Engineer not less than 21 days' notice of the date after which the Contractor
will be ready to carry out each of the Tests on Completion. Unless otherwise agreed, Tests on Completion
shall be carried out within 14 days after this date, on such day or days as the Engineer shall instruct.
Unless otherwise stated in the Particular Conditions, the Tests on Completion shall be carried out in the
following sequence:
(a) pre-commissioning tests, which shall include the appropriate inspections and ("dry" or "cold")
functional tests to demonstrate that each item of Plant can safely under-take the next stage,
(b) commissioning tests, which shall include the specified operational tests to demonstrate that the
Works or Section can be operated safely and as specified, under all available operating conditions;
and
(c) Trial operation, which shall demonstrate that the Works or Section perform reliably and in
accordance with the Contract.
During trial operation, when the Works are operating under stable conditions, the Contractor shall give notice
to the Engineer that the Works are ready for any other Tests on Completion, including performance tests to
demonstrate whether the Works conform to criteria specified in the Employer's Requirements and the
Performance Guarantees.
Trial operation shall not constitute a taking-over under Clause 5.43 [Taking-Over Certificate By Engineer].
Unless otherwise stated in the Particular Conditions, any product produced by the Works during trial
operation shall be the property of the Employer.
In considering the results of the Tests on Completion, appropriate allowances shall be made for the effect of
any use of the Works by the Employer on the performance or other characteristics of the Works. As soon as
the Works, or a Section, have passed each of the Tests on Completion described in sub-paragraph (a), (b) or
(c), the Contractor shall submit a certified report of the results of these Tests to the Engineer. If the Tests on
Completion are being unduly delayed by the Employer, Sub-Clause 5.30.4 [Testing] (fifth paragraph) shall be
applicable.
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5.42.2 Delayed Tests
If the Tests on Completion are being unduly delayed by the Contractor, the Engineer may by notice require
the Contractor to carry out the Tests within 21 days after receiving the notice. The Contractor shall carry out
the Tests on such day or days within that period as the Contractor may fix and of which he shall give notice to
the Engineer
If the Contractor fails to carry out the Tests on Completion within the period of 21 days, the Employer's
Personnel may proceed with the Tests at the risk and cost of the Contractor. These Tests on Completion shall
then be deemed to have been carried out in the presence of the Contractor and the results of the Tests shall
be accepted as accurate.
5.42.3 Retesting
If the Works, or a Section, fail to pass the Tests on Completion, Sub-Clause 5.30.5 [Rejection] shall apply, and
the Engineer may require the failed Tests, and Tests on Completion on any related work, to be repeated
under the same terms and conditions.
5.42.4 Failure to Pass Tests on Completion
If the Works, or a Section, fail to pass the Tests on Completion repeated under Sub-Clause 5.42.3 [Retesting],
the Engineer shall be entitled to:
(a) order further repetition of Tests on Completion under Sub-Clause 5.42.3 [Retesting];
(b) if the failure deprives the Employer of substantially the whole benefit of the Works or Section, reject
the Works or Section (as the case may be), in which event the Employer shall have the same remedies
as are provided in sub-paragraph (c) of Sub-Clause 5.45.6 [Failure to Remedy Defects]; or
(c) Issue a Taking-Over Certificate.
In the event of sub-paragraph (c), the Contractor shall proceed in accordance with all other obligations under
the Contract, and the Contract Price shall be reduced by such amount as shall be appropriate to cover the
reduced value to the Employer as a result of this failure. Unless the relevant reduction for this failure is stated
(or its method of calculation is defined) in the Contract, the Employer may require the reduction to be (i)
agreed by both Parties (in full satisfaction of this failure only) and paid before this Taking-Over Certificate is
issued, or (ii) determined and paid under Sub-Clause 5.4.10 [Employer's Claims] and Sub-Clause 5.4.9
[Determinations].
5.43 TAKING-OVER CERTIFICATE BY ENGINEER
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5.43.1 Procedure for Taking-over of the works
When whole of the works including essential punch list items, are found completed, and have satisfactorily
passed any Tests on Completion prescribed by the Contract, the Contractor may give a notice to that effect to
the Engineer with a copy to the Employer, accompanied by a written undertaking to finish with due expedition
any outstanding work during the Defects Liability Period. Such notice and undertaking shall be deemed to be a
request by the Contractor for the Engineer to issue a Taking-Over Certificate in respect of the Works.
The Engineer shall, within 21 days of the date of delivery of such notice, either issue to the Contractor, the
Taking-Over Certificate stating the date on which, in his opinion the Works were substantially completed
including essential punch list items, in accordance with the Contract, or give instruction in writing to the
Contractor specifying all the work which in his opinion, is required to be done by the Contractor before the
issue of such certificate. The Engineer shall also notify the Contractor of any defects in the works affecting
substantial completion that may appear after such instructions and before completion of the works specified
therein. The Contractor shall be entitled to receive such Taking-over Certificate within 21 days of completion of
the Works so specified, remedying any defects so notified and submission of as-built drawings.
The Contractor shall complete the as-built drawings to the satisfaction of Engineer and submit the same to the
Engineer along with the notice referred in Clause 5.43.1 [Procedure for Taking-over of the works].
5.44 TESTS AFTER COMPLETION
5.44.1 Procedure for Tests after Completion

If Tests after Completion are specified in the Contract, this Clause shall apply.
a) The Contractor shall provide all electricity, fuel, materials, plant, equipment and suitably qualified and
experienced staff, as are necessary to carry out the Tests After Completion.
b) The Contractor shall carry out the Tests after Completion in the presence of such Employer's and/or
Contractor's Personnel as either Party may reasonably request.
The Tests after Completion shall be carried out as soon as is reasonably practicable after the Works or Section
have been taken over by the Employer. The Engineer shall give to the Contractor 21 days' notice of the date
after which the Tests after Completion will be carried out. Unless otherwise agreed, these Tests shall be
carried out within 14 days after this date, on the day or days determined by the Engineer.
The results of the Tests after Completion shall be compiled and evaluated by the Contractor, who shall
prepare a detailed report. Appropriate account shall be taken of the effect of the Employer's prior use of the
Works.
5.44.2 Delayed Tests

If the Contractor incurs Cost as a result of any unreasonable delay by the Employer / Engineer to the Tests
after Completion, the Contractor shall
(a) give notice to the Engineer with a copy to the Employer and
(b) Be entitled subject to Sub-Clause 5.51.1 [Notice of Claims] to payment of any such Cost plus
reasonable profit, which shall be added to the Contract Price.
After receiving this notice, the Engineer shall proceed in accordance with Sub-Clause 5.4.9 [Determinations]
to agree or determine this Cost and profit.
If, for reasons not attributable to the Contractor, a Test after Completion on the Works or any Section cannot
be completed during the Defects Liability Period (or any other period agreed upon by both Parties), then the
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Works or Section shall be deemed to have passed this Test after Completion.
5.44.3 Retesting
If the Works, or a Section, fail to pass the Tests after Completion:
(a) sub-paragraph (b) of Sub-Clause 5.45.2 [Completion of Outstanding Works and Remedying Defects]
shall apply, and
(b) Either Party may then require the failed Tests and the Tests after Completion on any related work, to
be repeated under the same terms and conditions.
If and to the extent that this failure and retesting are attributable to any of the matters listed in sub-
paragraphs (a) to (c) of Sub-Clause 5.45.3 [Cost of Remedying Defects] and cause the Employer to incur
additional costs, the Contractor shall subject under Sub-Clause 5.4.10 [Employer's Claims] to pay these costs
to the Employer.
5.44.4 Failure to Pass Tests after Completion

If the following conditions apply, namely:
(a) the Works, or a Section, fail to pass any or all of the Tests after Completion,
(b) the relevant sum payable as non-performance damages for failure that is stated (or its method of
calculation is defined) in the Contract, and
(c) the Contractor pays this relevant sum to the Employer during the Defects Liability Period,
(d) Then the Works or Section shall be deemed to have passed these Tests after Completion.
If the Works, or a Section, fail to pass a Test after Completion and the Contractor proposes to make
adjustments or modifications to the Works or such Section, the Contractor may be instructed by (or on behalf
of) the Engineer that right of access to the Works or Section cannot be given until a time that is convenient to
the Employer. The Contractor shall then remain liable to carry out the adjustments or modifications and to
satisfy this Test, within a reasonable period of receiving notice by (or on behalf of) the Engineer of the time
that is convenient to the Employer. However, if the Contractor does not receive this notice during the
relevant Defects Liability Period, the Contractor shall be relieved of this obligation and the Works or Section
(as the case may be) shall be deemed to have passed this Test after Completion.
If the Contractor incurs additional Cost as a result of any unreasonable delay by the Employer in permitting
access to the Works or Plant by the Contractor, either to investigate the causes of a failure to pass a Test after
Completion or to carry out any adjustments or modifications, the Contractor shall (i) give notice to the
Engineer and (ii) be entitled subject to Sub-Clause 5.51.1 [Notice of Claims] to payment of any such Cost plus
reasonable profit, which shall be added to the Contract Price.
After receiving this notice, the Employer shall proceed in accordance with Sub-Clause 5.4.9 [Determinations]
to agree or determine this Cost and profit.
5.45 DEFECTS LIABILITY

5.45.1 Defects Liability Period
The expression "Defects Liability Period" shall mean the defects liability period indicated in the Appendix to
Tender, calculated from the date of completion of the Works certified by the Engineer in the Taking-over
Certificate.
5.45.2 Completion of Outstanding Works and Remedying Defects

To the extent that the Works shall, at or as soon as practicable after the expiration of the Defects Liability
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Period, be delivered to the Employer in the condition required by the Contract, (fair wear and tear excepted)
to the satisfaction of the Engineer, the Contractor shall
(a) complete the work, if any, outstanding on the date stated in the Taking-over Certificate as soon as
practicable after such date and
(b) execute all such works of reconstruction, and remedying defects, shrinkages or other faults as the
Engineer may, during the Defects Liability Period or within 14 days after its expiration, as a result of
an inspection made by the Engineer / Engineer’s Representative prior to its expiration, instruct the
Contractor to execute.
5.45.3 Cost of Remedying Defects

All work referred to in Sub-Clause 5.45.2 [Completion of Outstanding Works and Remedying Defects] shall be
executed by the Contractor at his own cost, if the necessity thereof is attributable to:
(a) if the design for the work carried out by the Contractor;
(b) the use of materials, Plant or workmanship not in accordance with the Contract, or
(c) Improper maintenance where the Contractor is responsible for failure to comply with any
obligation expressed or implied on the Contractor's part under the Contract.
However if, in the opinion of the Engineer / Engineer’s Representative, such necessity is due to any other
cause, he shall determine an addition to the Contract Price in accordance with Clause 5.50 [Valuation Of
Variations And Dayworks] and shall notify the Contractor accordingly with a copy to the Employer.
5.45.4 Extension of Defects Liability Period

The Defects Liability Period shall be for the period indicated in Appendix to Tender from the date of issuance
of Taking-over Certificate. The Defects Liability Period shall, in respect of any work, which requires repair or
replacement and in respect of that work affected by such repair or replacement, be extended for the Works
by a period equal to the period during which the work is out of operation and the provisions of this Sub-
Clause shall apply to the Works remedied or replaced, though the Defects Liability Period in respect thereof
had commenced on the date of such remedy or replacement
The Employer shall be entitled subject to Sub-Clause5.4.10Employer's Claimsto an extension of the Defects
Liability Period for the Works if and to the extent that the Works cannot be used for the purposes for which
they are intended by reason of a defect or damage. However, a Defects Liability period shall not be extended
by more than ONE YEAR.
If delivery and / or erection of Plant and / or Materials was suspended under Sub- Clause5.33SUSPENSION the
Contractor's obligations under this Clause shall not apply to any defects or damage occurring more than two
years after the Defects Liability Period for the Plant and / or Materials would otherwise have expired.
5.45.5 Removal of Defective Work

If the defect or damage cannot be remedied expeditiously on the Site, the Contractor with the consent of the
Engineer may remove from the Site for the purposes of repair such items of Plant as are defective or
damaged. This consent may require the Contractor to increase the amount of the Performance Security by
the full replacement cost of these defective or damaged items, or to provide any other security equivalent to
such replacement cost for trouble free performance of such defective or damaged items.
5.45.6 Failure to Remedy Defects

If the Contractor fails to remedy any defect or damage within a reasonable time, a date may be fixed by (or on
behalf of) the Engineer, on or by which the defect or damage is to be remedied. The Contractor shall be given
Page 116
reasonable notice of this date.
If the Contractor fails to remedy the defect or damage by this notified date and this remedial work was to be
executed at the cost of the Contractor under Sub-Clause 5.45.3 [Cost of Remedying Defects], the Employer
may (at his option):
(a) carry out the work himself or by others, in a reasonable manner and at the Contractor's cost, but the
Contractor shall have no responsibility for this work; and the Contractor shall subject to Sub-Clause
5.4.10 [Employer's Claims] pay to the Employer the costs reasonably incurred by the Employer in
remedying the defect or damage;
(b) agree or determine a reasonable reduction in the Contract Price in accordance with Sub-Clause 5.4.9
[Determinations]; or
(c) if the defect or damage deprives the Employer of substantially the whole benefit of the Works or any
major part of the Works, terminate the Contract as a whole, or in respect of such major part which
cannot be put to the intended use. Without prejudice to any other rights, under the Contract or
otherwise, the Employer shall then be entitled to recover all sums paid for the Works or for such part
(as the case may be), plus financing costs and the cost of dismantling the same, clearing the Site and
returning Plant and Materials to the Contractor.
5.45.7 Further Tests

If the work of remedying of any defect or damage may affect the performance of the Works, the Engineer
may require the repetition of any of the tests described in the Contract, including Tests on Completion and /
or Tests after Completion, if applicable. The requirement shall be made by notice within 28 days after the
defect or damage is remedied.
These tests shall be carried out in accordance with the terms applicable to the previous tests, except that they
shall be carried out at the risk and cost of the Party liable, under Sub-Clause 5.45.3 [Cost of Remedying
Defects], for the cost of the remedial work.
5.45.8 Right of Access

Until the Performance Certificate has been issued, the Contractor shall have the right of access to all parts of
the Works and to records of the performance and operation and maintenance of the Works, which shall,
however, be subject to the Employer's reasonable security restrictions.
5.46 PERFORMANCE CERTIFICATE
5.46.1 Issue of Performance Certificate

The Contract shall not be considered as completed until a Performance Certificate is signed by the Engineer,
stating the date on which the Contractor shall have completed his obligations to execute and complete the
Works and remedy any defects therein to the Engineer’s satisfaction. The Performance Certificate shall be
given by the Engineer within 30 days after the expiration of the Defects Liability Period, of the Permanent
Works, pursuant to Clauses 5.45 [Defects Liability] and 5.48 [Contractor To Search] and 5.70 [As-Built
Drawings]) have been completed to the satisfaction of the Engineer.
5.46.2 Unfulfilled Obligations

Notwithstanding the issue of the Performance Certificate, the Contractor and the Employer shall remain liable
for the fulfilment of any obligation incurred under the provisions of the Contract prior to the issue of the
Performance Certificate which remains unperformed at the time such Performance Certificate is issued and
for the purposes of determining the nature and extent of any such obligation, the Contract shall be deemed
to remain in force between the parties to the Contract.
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5.47 APPROVAL OF WORKS
Only the Performance Certificate, referred to in Clause 5.46 [Performance Certificate], shall be deemed to
constitute approval of the works.
5.48 CONTRACTOR TO SEARCH

If any defect, shrinkage or other fault in the Works appears at any time prior to the end of the Defects Liability
Period, the Engineer / Engineer’s Representative may instruct the Contractor, to search under the directions
of the Engineer / Engineer’s Representative for the cause thereof. If such defect, shrinkage or other fault is
one for which the Contractor is liable, the cost of the work carried out in searching as aforesaid shall be borne
by the Contractor and he shall in such case remedy such defect, shrinkage or other fault at his own cost in
accordance with the provisions of Clause 5.45 [Defects Liability]. Unless such defect, shrinkage or other fault
is one for which the Contractor is liable under the Contract, the Engineer/Engineer’s Representative shall,
after due consultation with the Contractor determine the amount in respect of the costs of such search
incurred by the Contractor, which shall be added to the Contract Price and shall notify the Contractor
accordingly, with a copy to the Employer.
5.49 VARIATIONS AND ADJUSTMENTS
5.49.1 Right to Vary

Variations may be initiated by the Engineer at any time prior to issuing the Taking-Over Certificate for the
Works, either by an instruction or by a request for the Contractor to submit a proposal..
The Contractor shall execute and be bound by each Variation, unless the Contractor promptly gives notice to
the Engineer stating (with supporting particulars) that
i) the Contractor cannot readily obtain the Goods required for the Variation,
ii) it will reduce the safety or suitability of the Works, or
iii) it will have an adverse impact on the achievement of the Performance Guarantees, if applicable to
the Works..
Upon receiving this notice, the Engineer shall cancel, confirm or vary the instruction.
5.49.2 Value Engineering

The Contractor may, at any time, submit to the Engineer a written proposal which (in the Contractor's
opinion) will, if adopted,
i) accelerate completion,
ii) reduce the cost to the Employer of executing, maintaining or operating the Works,
iii) improve the efficiency or value to the Employer of the completed Works, or
iv) otherwise be of benefit to the Employer.
The proposal shall be prepared at the cost of the Contractor and shall include the items listed in Sub-Clause
5.49.3 [Variation Procedure]
5.49.3 Variation Procedure

If the Engineer requests a proposal, prior to instructing a Variation, the Contractor shall respond in writing as
soon as practicable, either by giving reasons why he cannot comply (if this is the case) or by submitting:
(a) a description of the proposed design and / or work to be performed and a programme for its
execution,
(b) The Contractor's proposal for any necessary modifications to the programme according to Sub-Clause
5.11.1 [Programme] and to the Time for Completion, and
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(c) The Contractor's proposal for adjustment to the Contract Price.
The Engineer shall, as soon as practicable after receiving such proposal (under Sub-Clause 5.49.2 [Value
Engineering] or otherwise), respond with approval, disapproval or comments. The Contractor shall not delay
any work whilst awaiting a response.
Each instruction to execute a Variation, with any requirements for the recording of Costs, shall be issued by
the Engineer to the Contractor, who shall acknowledge receipt.
Upon instructing or approving a Variation, the Engineer shall proceed in accordance with Sub-Clause 5.4.9
[Determinations] to agree or determine adjustments to the Contract Price and the Schedule of Payments.
These adjustments shall include reasonable profit, and shall take account of the Contractor's submissions
under Sub-Clause 5.49.2 [Value Engineering] if applicable.
5.49.4 Payment in Applicable Currencies

The payment will be made in Indian Rupees only.
5.49.5 Day Work

For work of a minor or incidental nature, the Engineer may instruct that a Variation shall be executed on a day
work basis. The work shall then be valued in accordance with the day work schedule included in the Contract,
and the following procedure shall apply. If a day work schedule is not included in the Contract, this Sub-Clause
shall not apply.
Before ordering Goods for the work, the Contractor shall submit quotations to the Engineer. When applying
for payment, the Contractor shall submit invoices, vouchers and accounts or receipts for any Goods.
Except for any items for which the day work schedule specifies that payment is not due, the Contractor shall
deliver each day to the Engineer accurate statements in duplicate which shall include the following details of
the resources used in executing the previous day's work:
(a) the names, occupations and time of Contractor's Personnel,
(b) the identification, type and time of Contractor's Equipment and Temporary Works, and
(c) the quantities and types of Plant and Materials used.
One copy of each statement will, if correct, or when agreed, be signed by the Engineer and returned to the
Contractor. The Contractor shall then submit priced statements of these resources to the Engineer, prior to
their inclusion in the next Statement under Sub-Clause 5.55.3 [Application for Interim Payments].
5.49.6 Adjustment for Changes in Costs
5.49.6.1 The Contract Price is FIXED LUMP SUM basis. However, The Contractor will be allowed overall
price variation in labour component, material component, Petrol, Oil and Lubricants (POL)
components and price adjustment for cement and steel in accordance with the following
formulae.
5.49.6.2 Price Variation
(I) (A) Formula for Labour Component
K1 l – l0
V1 = 0.85 x (R-C) x x
100 l0
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Where V1 = Amount of variation payable for a value R of work done.
R = Value of work done during the period under consideration.
C = Cost of Cement and steel calculated on star rates for quantity as per design, incorporated in
to the work during the period under consideration to be taken from II A, II B.
K1 = Percentage of Labour Component to be taken as 25%.
I0 = Basic Consumer Price Index for Mumbai Centre (Base 2001 = 100) for industrial workers
declared as per the Labour Gazette, published by the Commissioner of Labour, Government of
Maharashtra as prevailing on the Base Date (28 days prior to the latest date for submission of
the Bid).
I = Average Consumer Price Index for Mumbai Centre (Base 2001 = 100) for industrial workers
declared by Labour Gazette, published by the Commissioner of Labour, Government of
Maharashtra for the period in which the value R of work is done. If the period covered by a bill
does not coincide with a calendar month, then weighted time average for the period will be
taken for I.
(B) Formula for Balance Material Component (excluding cement, steel).
K2 M – M0
V2 = 0.85 x (R-C) x x
100 M0
Where V2 = Amount of variation payable for a value R of work done on account of material.
C = Cost of Cement and steel at Star rate calculated on star rates for quantity as per design,
incorporated in to the work during the period under consideration to be taken from II A, II B.
K2 = Percentage of Material Component to be taken as 70%.
M0= Wholesale price index for all commodities prepared by the office of Economic Advisor,
Ministry of Industry, Government of India as prevailing on the Base Date (28 days prior to the
latest date for submission of the Bid).
M = Average wholesale price index for all commodities prepared by the office of Economic
Advisor, Ministry of Industry, Government of India, during the period under consideration. If
the period covered by a bill does not coincide with a calendar month, then weighted time
average for the period will be taken for M.
(C) Formula for Petrol, Oil and Lubricant (POL) Component
K3 P – P0
V3 = 0.85 x (R-C) x x
100 P0
Where V3 = Amount of variation payable for a value R of work done on account of POL
component.
C = Cost of Cement and steel calculated on star rates for quantity as per design/specification,
incorporated in to the work during the period under consideration to be taken from II A , II B.
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K3 = Percentage of POL Component to be taken as 5%.
P0 = The price (average of the prices declared by IOC/HPCL/BPCL) of HSD for Mumbai on the
Base Date (28 days prior to the latest date for submission of the Bid).
P = Average Price (average of the prices declared by IOC/HPCL/BPCL) of HSD for Mumbai during
the period under consideration.
After removal of actual cost of cement and steel for B above, price adjustment for the cost of
cement, steel will be made as follows:
(II) Price Adjustment
(A) For Cement
lc – l0c
Pc = Rc x Qcc x
l0c
Where Pc = Price adjustment for cement

Rc= Rate per MT of cement prevailing on the Base Date (28 days prior to the latest date for
submission of the Bid) i.e. Star Rate.
Ic = Average Index for cement published by the Reserve Bank of India under “Index numbers of
Wholesale Prices by Group and Sub-Groups (Monthly data) under Group (1) – Non Metallic
Mineral Products Sub-Group (C) - Cement, forming the base of calculation for index of
wholesale prices during the period under consideration.
Ioc = Index for cement published by the Reserve Bank of India under Index numbers of
Wholesale Prices by Group and Sub-Group (Monthly data) under Group (1) – Non Metallic
Mineral Products Sub-Group (C) - Cement forming the base of calculation for index of wholesale
prices on the date 28 days preceding the latest date prescribed for the receipt of the Bid.
Qcc= Quantity in MT of cement as per design incorporated in to the work during the period
under consideration.
(B) For Steel
I) For Steel:
ls1 – l0s
Ps = Rs X Qsc x
l0s
where Ps = Price adjustment for steel

Rs= Rate per MT of steel prevailing on the Base Date (28 days prior to the latest date for
submission of the Bid). i.e. Star rate.
Is = Average Index for Steel published by the Reserve Bank of India under Wholesale Prices of
Group “STEEL LONG” under the appropriate category i.e. under “rebars” for HYSD, under
“angles” for m.s. angles, etc and GROUP “STEEL FLAT” for plates forming the base of calculation
for index of wholesale prices during the period under consideration.
Ios = Average Index for Steel published by the Reserve Bank of India under Wholesale Prices of
Group “STEEL LONG” under the appropriate category i.e. under “rebars” for HYSD, under
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“angles” for m.s. angles, etc and GROUP “STEEL FLAT” for plates forming the base of calculation
for index of prices on the date 28 days preceding the latest date prescribed for the receipt of
the Bid.
Qsc = Quantity in MT of the appropriate steel as per design incorporated in to the work during
the period under consideration.
5.49.6.3 The quantities of cement & steel considered for working out price variation shall be certified
by the Engineer based on approved designs and as consumed in the work excluding wastage.
5.49.6.4 The time of completion of the contract shall mean the period commencing from the date of
the commencement of the contract and ending on the date when the time allowed for the work
specified expires, taking into consideration the extension of time, if any, for completion of the
work granted by Engineer under the relevant clause or the conditions of contract in cases other
than those where such extension is necessitated on account of default of the contractor. The
decision of the Engineer as regards the time of completion of the contract shall be final,
conclusive and binding on the contractor, where compensation for delay is levied on the
contractor on account of delay in completion or inadequate progress under the relevant
contract provision the escalation amount for the balance work from the date of levy of such
compensation shall be worked out as follows.
5.49.6.5 (a) Indices I, M, P, Ic, Is and will be pegged to the levels corresponding to the date from which
such compensation for delay is levied.
(b) Pegged indices as well as actual indices prevailing at the time of calculation of escalation for
the period under consideration will be compared and lower of the two will be taken for
calculating actual escalation amount.
5.49.6.6 The cost towards mobilisation and demobilisation shall be excluded from the value of work
done (R).
5.49.6.7 Price variation shall be calculated in accordance with the formulae mentioned at
5.49.6.2(I)(A)(B)(C) above, separately for labour, material and POL components, as well as for
price adjustment for cement and steel in accordance with formulae mentioned at 5.49.6.2(II)
(A) and (B) above.
5.49.6.8 The price variation under this clause shall not be payable for the extra items required to be
executed during the completion of the work, where the rates payable for the extra items are to
be fixed as per the current market rates provided under Clause of General Conditions of
Contract or mutually agreed.
5.49.6.9 This clause is operative both ways, i.e. if the price variation in the said Wholesale Price Index for
all commodities, Consumer Price Index (New Series) or price of HSD of Mumbai or cost of
cement or steel or bitumen is on the plus side, payment on account of the price variation shall
be allowed to the Contractor and if it is on the negative side, the MbPT shall be entitled to
recover the same from the contractor and the amount shall
be deductible from the Contractor’s bill for the respective period in which there are fluctuation.
5.49.6.10 In order to facilitate computation of price variation to be made under this clause the contractor
shall keep such books of accounts and other documents as are necessary. The contractor shall
allow inspection of the same by a duly authorised representative of the Engineer/ Employer and
shall at the request of the Engineer may require, true copies of any document so kept and such
other information as the Engineer may require for verification.
5.49.6.11 Calculation of Price Variation and Price Adjustment amount at the time of preparation of
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interim and final bill will be based on confirmed indices and the prices of the POL products
declared by IOC/BPCL/HPCL.
5.49.6.12 Save and except for what is provided in the foregoing clause, nothing herein shall be
construed to entitle the Contractor to reimbursement of any increase in the price of
materials or in the wages of labour occurring at any time and for any reason whatsoever,
including the imposition of any tax, duty or fee or an increase in the price of any petroleum
product, coal, electricity or water effected by or under the order of the Central Government
of a State Government.
5.50 VALUATION OF VARIATIONS AND DAYWORKS
5.50.1 Valuation of Variations

All variations referred to in Clause 5.49 [Variations And Adjustments] and any additions to the Contract Price
which are required to be determined in accordance with Clause 5.50 [Valuation Of Variations And Dayworks]
(for the purposes of this Clause referred to as "varied work") shall be valued at the rates in the Bill of
Quantities/the Price Schedule, if in the opinion of the Engineer/Engineer’s Representative, the same shall be
applicable. If the Contract does not contain any rates or prices applicable to the varied work, the rates and
prices in the Contract shall be used as the basis for valuation so far as may be reasonable, failing which, after
due consultation by the Engineer/Engineer’s Representative with the Contractor, suitable rates or prices shall
be agreed upon between the Engineer/Engineer’s Representative and the Contractor. In the event of
disagreement, the Engineer/Engineer’s Representative shall fix such rates or prices as are in his opinion
appropriate and shall notify the Contractor accordingly. While fixing such rates, the Engineer/Engineer’s
Representative shall take into account the actual cost of labour, plant and materials and in addition 15%
towards supervision, overheads and Contractor's profit. Until such time as rates or prices are agreed or fixed,
the Engineer/Engineer’s Representative shall determine provisional rates or prices to enable on-account
payments to be included in certificates issued in accordance with Clause 5.55 [Certificates And Payments].
5.50.2 Power of Engineer to Fix Rates

Provided that if the nature or amount of any varied work relative to the nature of amount of the whole of the
works or to any part thereof, is such that, in the opinion of the Engineer, the rate or the price contained in the
Contract for any items of the works is by reason of such varied works rendered inappropriate or inapplicable,
then after due consultation by the Engineer with the Contractor, a suitable rate or price shall be agreed upon
between the Engineer and the Contractor. In the event of disagreement, the Engineer shall fix such other rate
or price as is, in his opinion, appropriate and shall notify the Contractor accordingly. Until such time as rates
or prices are agreed or fixed, the Engineer shall determine provisional rates or prices to enable on accounts
payments to be included in certificates issued in accordance with Clause 5.55 [Certificates And Payments].
Provided also that no varied work instructed to be done by Engineer pursuant to Clause 5.49 [Variations And
Adjustments] shall be valued under Sub-Clause 5.50.1 [Valuation of Variations] or under this Sub-Clause
unless, within 14 days of the date of such instruction before the commencement of the varied work, notice
shall have been given either:
(a) by the Contractor to the Engineer of his intention to claim extra payment or a varied rate or prices or
(b) By the Engineer to the Contractor of his intention to vary a rate or price.
5.50.3 Day works

The Engineer may, if in his opinion it is necessary or desirable, issue an instruction that any varied work shall
be executed on a day work basis. The Contractor shall then be paid for such varied work on day work basis for
which Contractor may submit quotation on receipt of instructions from the Engineer/Engineer’s
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Representative.
The Contractor shall furnish to the Engineer/Engineer’s Representative, invoices, other vouchers as may be
necessary to prove the amounts paid and, before ordering materials shall submit to the Engineer/Engineer’s
Representative quotations for the same for his approval.
In respect of such of the Works executed on a day work basis, the Contractor shall during the continuance of
such works deliver each day to the Engineer / Engineer’s Representative an exact list in duplicate of the
names, occupation and time of all workmen employed on such work and a statement also in duplicate
showing the description and quantity of all materials and Contractor’s Equipment used thereon. One copy of
each list and statement will, if correct, or when agreed, be signed by the Engineer / Engineer’s Representative
and returned to the Contractor.
At the end of each month, the Contractor shall deliver to the Engineer / Engineer’s Representative, a priced
statement of the labour, materials and Contractor's Equipment, used and the Contractor shall not be entitled
to any payment unless such lists and statements have been fully and punctually rendered.
5.51 PROCEDURE FOR CLAIMS

5.51.1 Notice of Claims
Notwithstanding any other provision of the Contract, if the Contractor intends to claim any additional
payment pursuant to any Clause of these Conditions or otherwise, he shall give notice of his intention to the
Engineer, within 28 days after the event giving rise to the claim has first arisen. If he fails to give notice of
claim within such period, he shall not be eligible for any additional payment or extension of time.
5.51.2 Contemporary Records
Upon the happening of the event referred to in Sub-Clause 5.51.1 [Notice of Claims], the Contractor shall
keep such contemporary records as may reasonably be necessary to support any claim he may subsequently
wish to make. Without necessarily admitting the Employer's liability, the Engineer shall, on receipt of a notice
under Sub-Clause 5.51.1 [Notice of Claims], inspect such contemporary records and may instruct the
Contractor to keep any further contemporary records as are reasonable and may be materials to the claim of
which notice has been given. The Contractor shall permit the Engineer to inspect all records kept pursuant to
this Sub-Clause and shall supply him with copies thereof as and when the Engineer so instructs.
5.51.3 Substantiation of Claims

Within 28 days or such other reasonable time as may be agreed by the Engineer, of giving notice under Sub-
Clause 5.51.1 [Notice of Claims], the Contractor shall send to the Engineer an account giving detailed
particulars of the amount claimed and the grounds upon which the claim is based. Where the event giving rise
to the claim has a continuing effect, such account shall be considered to be an interim account and the
Contractor shall, at such intervals as the Engineer may reasonably require, send further interim accounts
giving the accumulated amount of the claim and any further grounds upon which it is based. In cases where
interim accounts are sent to the Engineer, the Contractor shall send a final account within 28 days of the end
of the effects resulting from the event.
5.51.4 Failure to Comply

If the Contractor fails to comply with any of the provisions of this Clause in respect of any claim which he
seeks to make, his entitlement to payment in respect thereof shall not exceed such amount as the Engineer,
assessing the claim considers to be verified by contemporary records.
5.51.5 Payment of Claims

The Contractor shall submit separately (not along with interim bill) of any claim. The Engineer, after due
consultation with the Contractor, may consider such claim provided that the Contractor has supplied
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sufficient particulars to enable the Engineer to determine the amount due. If such particulars are insufficient
to substantiate the whole of the claim, the Contractor shall be entitled for payment in respect of such part of
the claim for which particulars submitted to substantiate the claim to the satisfaction of the Engineer. The
Engineer shall notify the Contractor of any determination made under this Sub-Clause.
5.52 CONTRACTOR'S EQUIPMENT, TEMPORARY WORKS AND MATERIALS

5.52.1 Exclusive Use of Equipment, Temporary Works and Materials
All Contractor's Equipment, Temporary works and materials provided by the Contractor shall, when brought
on to the Site, be deemed to be exclusively intended for the execution of the Works and the Contractor shall
not remove the same or any part thereof, except for the purpose of moving it from one part of the Site to
another, without the consent of the Engineer / Engineer’s Representative. Provided that consent shall not be
required for vehicles engaged in transporting any staff, labour, Contractor's Equipment, Temporary Works,
Plant or materials to or from the Site.
5.52.2 Vesting
All Contractor’s Equipment, Temporary Works and materials owned / hired by the Contractor, when on the
Site, be deemed to be the property of the Employer and shall not be removed from the site without the prior
written approval of the Engineer / Engineer’s Representative.
5.52.3 Employer not Liable for Damage

The Employer shall not at any time be liable, save as mentioned in Clauses 5.17 [Care Of Works] and 5.58
[Special Risks], for the loss of or damage to any of the said Contractor's Equipment, Temporary Works or
materials.
5.52.4 Customs Clearance

Obtaining necessary licences and clearances from Indian Customs, if any, including payment of applicable
customs duty or, in lieu, submission of customs bond, if any, will be the responsibility of Contractor.
Contractor shall comply with all regulations imposed by the Indian Customs.
5.52.5 Re-export of Contractor's Equipment

In respect of any Contractor's Equipment, which the Contractor has imported for the purposes of the Works,
the Engineer will have no objection to the re-export of such Equipment by the Contractor upon the removal
thereof pursuant to the terms of the Contract. Provided, however such procurement / import / re-export will
be subject to the rules and regulations under the relevant Acts in force in India for which the Contractor is
responsible.
5.52.6 Conditions of Hire of Contractor's Equipment

With a view to securing continued availability to the Employer of the Equipment hired by the Contractor, in
the event of termination under Clause 5.56 [Remedies], the Contractor shall ensure that the relevant hire
purchase agreement contains provision that the owners thereof will allow hiring of such Equipment by the
Employer on the same terms and conditions as are available to the Contractor.
5.52.7 Costs for the Purpose of Clause 5.56

In the event of the Employer entering into any such agreement for the hire of Contractor's Equipment
pursuant to Sub-Clause 5.52.6 [Conditions of Hire of Contractor's Equipment] all sums properly paid by the
Employer under the provisions of any such agreement and all costs incurred by him (including stamp duties)
in entering into such agreement shall be deemed, for the purpose of Clause 5.56 [Remedies], to be part of the
cost of executing and completing the works and the remedying of any defects therein.
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5.52.8 Incorporation of Clause in Subcontracts
The Contractor shall, where entering into any subcontract for the execution of any part of the Works,
incorporate in such subcontract (by reference or otherwise) the provisions of this Clause in relation to
Contractor's Equipment, Temporary Works or materials brought on to the Site by the Sub-Contractor.
5.52.9 Approval of Materials not Implied

The operation of this Clause shall not be deemed to imply any approval by the Engineer of the materials or
other matters referred to therein nor shall it prevent the rejection of any such materials at any time by the
Engineer.
5.53 DETAILS OF WORKS TO BE EXECUTED

The technical details of work to be executed and Employer’s requirements are indicated in the PART -II of the
TENDER DOCUMENT.
5.54 NOMINATED SUB -CONTRACTOR

5.54.1 Definition of "Nominated Sub -Contractors"
All specialists, merchants, tradesmen and others executing any work or supplying any goods, materials, Plant
or services in relation to this Contract and have been or be nominated or selected by the Employer to comply
with the Contractual requirements, shall be deemed to be Sub-Contractors to the Contractor and are
referred to in this Contract as "Nominated Sub -Contractors".
5.54.2 Payments to Nominated Sub-Contractors

For all work executed or goods, materials, Plant or services supplied by any nominated Sub-Contractor, the
payment terms shall be as agreed to between the Contractor and the nominated Sub-Contractor.
5.55 CERTIFICATES AND PAYMENTS

5.55.1 Contract Price
A) Unless otherwise stated in the Particular Conditions:
(a) payment for the Works shall be made on the basis of the lump sum Contract Price, subject to
adjustments in accordance with the Contract; and
(b) The Schedule of Prices and the Aggregate Tender Price quoted by the Bidder shall be inclusive
of all incidentals and overheads and considering the provision of taxes and duties as applicable
except service tax if any which will be paid as per actuals.
5.55.2 Advance Payment and Retention Amount

5.55.2.1 Advance Payment (THIS CLAUSE IS NOT APPLICABLE)
The Employer shall make an advance payment for mobilisation, at a prevailing Interest Rate as specified in
Conditions of Particular Application, when the Contractor submits a guarantee in accordance with this Sub-
Clause including the details stated below:
(a) the amount of the advance payment shall be 10% of the Contract Price as indicated in the Appendix to
Tender;
(b) Recovery shall commence after 20% of the value of the Works is completed and the Advance shall be
fully recovered on a pro-rata basis within the completion of 90% of the Value of Works;
The Employer shall pay the advance payment within 28 days after receiving (i) Signing of Contract, (ii) the
Performance Security in accordance with Clause 5.9 [Performance Security], and (iii) a Bank Guarantee as per
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approved format of values equal to the advance payment. This guarantee shall be issued by an entity and
from within a country (or other jurisdiction) approved by the Employer, and shall be in the form indicated in
the Contract or in another form approved by the Employer. Unless and until the Employer receives this
guarantee, this Sub-Clause shall not apply.
The Contractor shall ensure that the guarantee is valid and enforceable until the advance payment has been
repaid, but its amount may be progressively reduced by the amount repaid by the Contractor. If the terms of
the guarantee specify its expiry date, and the advance payment has not been repaid by the date 28 days prior
to the expiry date, the Contractor shall extend the validity of the guarantee until the advance payment has
been repaid.
The advance payment shall be repaid through proportional deductions in interim payments. Deductions shall
be made until such time as the advance payment has been repaid.
If the advance payment has not been repaid prior to the issue of the Taking-Over Certificate for the Works or
prior to termination under Clause 5.56 [Remedies], Clause 5.62 [Default Of Employer] or Clause 5.58 [Special
Risks] (as the case may be), the whole of the balance then outstanding shall immediately become due and
payable by the Contractor to the Employer.
5.55.2.2 Retention Money
The Employer shall deduct from all Interim Payments under Sub-Clause 5.55.3 [Application for Interim
Payments] a sum equivalent to 5 (five) per cent of all such Interim Payments towards retention as a security
towards proper and punctual execution and completion of the Works as stated in the Conditions of
Particular Application. This amount of retention shall be subject to repayment as stated in Clause 5.55.8
[Payment of Retention Money].
5.55.3 Application for Interim Payments

The Contractor shall submit a Statement in FOUR copies to the Engineer after the end of the period of
payment stated in the Contract (if not stated, after the end of each month), in a form approved by the
Employer, showing in detail the amounts to which the Contractor considers himself to be entitled, together
with supporting documents which shall include the relevant report on progress in accordance with Sub-Clause
5.11.2 [Progress Reports].
Statement shall include the following items, as applicable, which shall be expressed in the various currencies
in which the Contract Price is payable, in the sequence listed:
(a) the estimated Contract value of the Works executed and the Contractor's Documents produced up to
"the end of the month (including Variations but excluding items described in sub-paragraphs (b) to (f)
below);
(b) any amounts to be added and deducted for changes cost, in accordance with Sub-Clause 5.49.6
[Adjustment for Changes in Costs];
(c) any amount to be deducted for retention, calculated by applying the percentage of retention stated
in the Appendix to Tender to the total of the above amounts, until the amount so retained by the
Employer reaches the limit of Retention Money stated in the Appendix to Tender;
(d) any amounts to be added and deducted for the advance payment and repayments in accordance with
Sub-Clause 5.55.2[Advance Payment and Retention Amount];
(e) any other additions or deductions which may have become due under the Contract or otherwise,
including those under Clause 5.60 [Settlement Of Disputes And Arbitration]; and
(f) the deduction of amounts included in previous Statements
5.55.4 Milestone Completion and Payment Schedule

If the Contract includes a Schedule of Payments specifying the instalments in which the Contract Price will be
paid, then unless otherwise stated in this Schedule:
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(a) the instalments quoted in the Schedule of Payments shall be the estimated Contract values for the
purposes of sub-paragraph (a) of Sub-Clause 5.55.3 [Application for Interim Payments], subject to sub
paragraph (d) and
(b) if these instalments are not defined by reference to the actual progress achieved in executing the
Works, and if actual progress is found to be less than that on which the Schedule of Payments was
based, then the Engineer may proceed in accordance with Sub-Clause 5.4.9 [Determinations] to agree
or determine revised instalments, which shall take account of the extent to which progress is less
than that on which the instalments were previously based.
If the Contract does not include a Schedule of Payments, the Contractor shall submit non-binding estimates of
the payments which he expects to become due during each quarterly period. The first estimate shall be
submitted within 21 days after the Commencement Date. Revised estimates shall be submitted at quarterly
intervals, until the Taking-Over Certificate has been issued for the Works.
5.55.5 Deleted
5.55.6 Interim Payments
No amount will be paid until the Employer has received and approved the Performance Security. Thereafter,
the Engineer shall within 14 days after receiving a Statement and supporting documents, give to the
Contractor notice of any items in the Statement with which the Engineer disagrees, with supporting
particulars. Payments due shall not be withheld, except that:
(a) if anything supplied or work done by the Contractor is not in accordance with the Contract, the cost
of rectification or replacement may be withheld until rectification or replacement has been
completed; and / or
(b) If the Contractor was or is failing to perform any work or obligation in accordance with the Contract,
and had been so notified by the Engineer, the value of this work or obligation may be withheld until
the work or obligation has been performed.
The Engineer may, by any payment, make any correction or modification that should properly be made to any
amount previously considered due. Payment shall not be deemed to indicate the Employer's acceptance,
approval, consent or satisfaction.
5.55.7 Timing of Payments

Except as otherwise stated in Sub-Clause 5.4.10 [Employer's Claims], the Employer shall pay to the Contractor:
(a) [deleted],
(b) the amount which is due in respect of each Statement, other than the Final Statement, within 30 days
after receiving the Statement and supporting documents duly approved by the Engineer; and
(c) The final amount due, within 80 days after receiving the Final Statement and supporting documents
duly approved by Engineer and written discharge in accordance with Sub-Clause 5.55.10 [Application
for Final Payment] and Sub-Clause 5.55.11 [Discharge].
Payment of the amount due in each currency shall be made into the bank account, nominated by the
Contractor, in the payment country (for this currency) specified in the Contract.
5.55.7.1 Deleted
5.55.8 Payment of Retention Money

When the Taking-Over Certificate has been issued for the Works, and the Works have passed all specified
tests (including the Tests after Completion, if any), the first half of the Retention Money collected by the
Employer pursuant to Clause 5.55.2.2 [Retention Money] shall be paid to the Contractor. If a Taking-Over
Certificate is issued for any Section of Works, the relevant percentage of the first half of the Retention Money
shall be paid when the Section passes all tests.
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Promptly after the latest of the expiry dates of the Defects Liability Periods, the outstanding balance of the
Retention Money shall be paid to the Contractor. If a Taking-Over Certificate was issued for a Section of the
Works, the relevant percentage of the second half of the Retention Money shall be paid promptly after the
expiry date of the Defects Liability Period for the Section.
However, if any work remains to be executed under Clause 5.45 [Defects Liability] or Clause 5.44 [Tests After
Completion], the Employer shall be entitled to withhold the estimated cost of this work until it has been
executed.
The relevant percentage for each Section of the Works shall be the percentage value of the Section as stated
in the Contract. If the percentage value of a Section is not stated in the Contract, no percentages of either half
of the Retention Money shall be released under this Sub-Clause in respect of such Section.
5.55.9 Statement at Completion

Within 90 days after receiving the Taking-Over Certificate for the Works, the Contractor shall submit to the
Engineer six copies of a Statement at completion with supporting documents, in accordance with Sub-Clause
5.55.3 [Application for Interim Payments], showing:
(a) the value of all work done in accordance with the Contract up to the date stated in the Taking-Over
Certificate for the Works,
(b) any further sums which the Contractor considers to be due, and
(c) An estimate of any other amounts which the Contractor considers will become due to him under the
Contract. Estimated amounts shall be shown separately in this Statement at completion.
The Engineer shall then give notice to the Contractor in accordance with Sub-Clause 5.55.6 [Interim
Payments] and the Employer shall make payment in accordance with Sub-Clause 5.55.7 [Timing of Payments].
5.55.10 Application for Final Payment

Within 60 days after receiving the Performance Certificate, the Contractor shall submit, to the Engineer, six
copies of a draft final statement with supporting documents showing in detail in a form approved by the
Engineer:
(a) the value of all work done in accordance with the Contract, and
(b) Any further sums which the Contractor considers to be due to him under the Contract or otherwise.
If the Engineer disagrees with or cannot verify any part of the draft final statement, the Contractor shall
submit such further information as the Engineer may reasonably require and shall make such changes in the
draft as may be agreed between them. The Contractor shall then prepare and submit to the Engineer the final
statement as agreed. This agreed statement is referred to in these Conditions as the "Final Statement".
However if, following discussions between the Parties and any changes to the draft final statement which are
agreed, it becomes evident that a dispute exists, the Employer shall pay the agreed parts of the draft final
statement in accordance with Sub-Clause 5.55.6 [Interim Payments] and Sub-Clause 5.55.7 [Timing of
Payments]. Thereafter, if the dispute is finally resolved under Sub-Clause 5.60.2 [Arbitration] or Sub-Clause
5.60.1 [Amicable Settlement], the Contractor shall then prepare and submit to the Engineer a Final
Statement.
5.55.11 Discharge
When submitting the Final Statement, the Contractor shall submit a written discharge which confirms that the
total of the Final Statement represents full and final settlement of all moneys due to the Contractor under or
in connection with the Contract. This discharge may state that it becomes effective when the Contractor has
received the Performance Security and the out-standing balance of this total, in which event the discharge
shall be effective on such date.
5.55.12 Cessation of Employer’s liability
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The Employer shall not be liable to the Contractor for any matter or thing under or in connection with the
Contract or execution of the Works, except to the extent that the Contractor shall have included an amount
expressly for it:
(a) in the Final Statement and also
(b) (Except for matters or things arising after the issue of the Taking-Over Certificate for the Works) in the
Statement at completion described in Sub-Clause 5.55.9 [Statement at Completion].
However, this Sub-Clause shall not limit the Employer's liability under his indemnification obligations, or the
Employer's liability in any case of fraud, deliberate default or reckless misconduct by the Employer.
5.55.13 Currencies of Payment

All payments to the Contractor under the Contract shall unless otherwise stated elsewhere, be made in Indian
Rupees through crossed account payee bank cheques or transferred directly into the Contractor’s designated
Bank A/c through NEFT/RTGS.
5.56 REMEDIES
5.56.1 Default of Contractor
If the Contractor;
(i) is deemed by law as unable to pay his debts as they fall due, or
(ii) enters into voluntary or involuntary bankruptcy, liquidation or dissolution (other than a voluntary
liquidation for the purposes of amalgamation or reconstruction), or becomes insolvent, or makes an
arrangement with or assignment in favour of, his creditors, or agrees to carry out the Contract under a
committee of inspection of his creditors, or if a receiver, administrator, trustee or liquidator is
appointed over any substantial part of his assets, or if, under any law or regulation relating
to re-organisation, arrangement or readjustment of debts proceedings are commenced against the
Contractor or resolutions passed in connection with dissolution or liquidation or if any steps are taken
to enforce any security interest over a substantial part of the assets of the Contractor, or if any act is
done or event occurs with respect the Contractor or his assets which, under any applicable law has a
substantially similar effect to any of the foregoing acts or events, or if the Contractor has contravened
Sub-Clause 5.7.1 [Assignment of Contract]. or has an execution levied on his goods, or if the Employer
is convinced that the Contractor;
(a) has repudiated the Contract or
(b) without reasonable excuse has failed
1. to commence the Works in accordance with Clause 5.34 [Commencement & Completion Of
Works] or
2. to proceed with the Works, within 28 days after receiving notice pursuant to Clause 5.39
[Rate Of Progress], or
(c) has failed to comply with an instruction issued pursuant to Sub-Clause 5.32.1 [Removal of
Improper Work, Materials or Plant] within 30 days after having received it or
(d) despite previous warning from the Engineer, in writing, is otherwise persistently or
flagrantly neglecting to comply with any of his obligation under the Contract, or
(e) has contravened Sub-Clause 5.8.1 [Sub-Contracting], or
(f) has failed to renew Performance Security in terms of Sub-Clause 5.9.1 [Form and Sum of
Performance Security]
then the Employer may, after giving 14 days' notice to the Contractor, enter upon the Site and the Works and
terminate the employment of the Contractor without thereby releasing the Contractor from any of his
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obligation or liabilities under the Contract, or affecting the right and authorities conferred on the Employer by
the Contract, and may himself complete the Works or employ any other Contractor to complete the Works.
The Employer or such other Contractor may use for such completion so much of the Contractor's Equipment,
Temporary Works and materials as he or they may think proper.
5.56.2 Valuation at Date of Termination

The Engineer shall, as soon as may be practicable after any such entry and termination, fix and determine ex-
parte, or by or after reference to the parties or after such investigation or enquiries as he may think fit to
make or institute and shall certify:
(a) what amount (if any) had, at the time of such entry and termination, been reasonably earned by or
would reasonably accrue to the Contractor in respect of work then actually done by him under the
Contract, and
(b) The value of any of the said unused or partially used materials, any Contractor's Equipment, any
Temporary Works.
5.56.3 Payment after Termination

If the Employer terminates the Contractor's employment under this Clause, he shall not be liable to pay to the
Contractor any further amount (including damages) in respect of the Contract until the expiration of the
Defects Liability Period and thereafter until the costs of execution, completion and remedying of any defects,
damages for delay in completion (if any) and all other expenses incurred by the Employer have been
ascertained.
The Contractor shall then be entitled to receive only such sum (if any) as the Engineer may certify would have
been payable to him upon due completion by him after deducting the said amount. If such amount exceeds
the sum which would have been payable to the Contractor on due completion by him, then the Contractor
shall upon demand, pay to the Employer the amount of such excess and it shall be deemed a debt due by the
Contractor to the Employer and shall be recoverable accordingly.
5.56.4 Assignment of Benefit of Agreement

Unless prohibited by law, the Contractor shall, if so instructed by the Engineer within 15 days of such entry
and termination referred to in Sub-Clause 5.56.1 [Default of Contractor], assign to the Employer the benefit of
any agreement for the supply of any goods or materials or services or Plant and equipment and / or for the
execution of any work for the purposes of the Contract, which the Contractor may have entered into.
5.57 URGENT WORKS

If, by reason of any accident, or failure, or other event occurring to, in, or in connection with the Works, or
any part thereof either during the execution of the Works, or during the Defects Liability Period, any remedial
or other work is, in the opinion of the Engineer, urgently necessary for the Works or the Contractor has not
complied with timelines and or any other reasons whatsoever, and the Contractor is unable or unwilling to do
such work, the Employer shall be entitled to employ and pay other persons to carry out such work as the
Engineer may consider necessary. If the Work or repair so done by the Employer is work which, in the opinion
of the Engineer, the Contractor was liable to do at his own cost under the Contract, then all costs consequent
thereon or incidental thereto shall, be determined by the Engineer and shall be recoverable from the
Contractor by the Employer, and may be deducted by the Employer from any monies due or to become due
to the Contractor and the Engineer shall notify the Contractor accordingly with a copy to the Employer.
5.58 SPECIAL RISKS
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5.58.1 No Contractor’s Liability for Special Risks
The Contractor shall be under no liability whatsoever in consequence of any of the special risks referred to in
Sub-Clause 5.58.2 [Special Risks], whether by way of indemnity or otherwise, for or in respect of destruction
of or damage to the Works, save to work condemned under the provisions of Clause 5.32 [Improper Work]
prior to the occurrence of any of the said special risks, or destruction of or damage to property whether of the
Employer or third parties, or injury or loss of life.
5.58.2 Special Risks

The special risks are:
a) the risks defined under paragraphs (a)(c)(e) and (f)of Sub-Clause 5.17.4.2] and,
b) The risks defined under paragraph (b) of Sub-Clause5.17.4.2 insofar as these relate to the country in
which the Works are to be executed.
5.58.3 Damage to Works by Special Risks

If the Works or any materials or Plant on or near or in transit to the Site, or any of the Contractor’s
Equipment, sustain destruction or damage by reason of any of the said special risks, the Contractor shall be
entitled to payment in accordance with the Contract for any Permanent Works duly executed and for any
materials or Plant so destroyed or damaged and, so far as may be required by the Engineer or as may be
necessary for the completion of the Works to payment for:
a) rectifying any such destruction or damage to the Works, and
b) replacing or rectifying such materials or Contractor’s Equipment
And the Engineer shall determine an addition to the Contract Price in accordance with Clause 5.50 [Valuation
Of Variations And Dayworks] (which shall in the case of the cost of replacement of Contractor’s Equipment
include the fair market value thereof as determined by the Engineer / Engineer’s Representative) and shall
notify the Contractor accordingly.
5.58.4 Projectile, Missile

Destruction, damage, injury or loss of life caused by the explosion or impact, whenever and wherever
occurring, of any mine, bomb, shell, grenade, or other projectile, missile, ammunition or explosive of war shall
be deemed to be a consequence of the said Special risks.
5.58.5 Outbreak of War

If, during the currency of the Contract, there is an outbreak of war, whether war is declared or not, in any part
of the world which, whether financially or otherwise, materially affects the execution of the Works, the
Contractor shall unless and until the Contract is terminated under the provisions of this Clause continue to
use his best endeavours to complete the execution of the Works. Provided that the Employer shall be
entitled, at any time after such outbreak of war, to terminate the Contract by giving notice to the Contractor
and, upon such notice being given, the Contract shall, except as to the rights of the parties under this Clause
and to the operation of Clause 5.60 [Settlement Of Disputes And Arbitration], terminate, but without
prejudice to the rights of either party in respect of any antecedent breach thereof.
5.58.6 Removal of Contractor's Equipments on Termination
If the Contract is terminated under the provision of Sub-Clause 5.58.5 [Outbreak of War], the Contractor shall
with all reasonable dispatch, remove from the site all Contractor's Equipment and shall give similar facilities
to his Sub-Contractors to do so.
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5.58.7 Payment if Contract Terminated
If the Contract is terminated as aforesaid, the Contractor shall be paid by the Employer, insofar as such
amounts or items have not already been covered by payments on account made to the Contractor, for all
work executed prior to the date of termination at the rates and prices provided in the Contract and in
addition:
(a) The amounts payable in respect of any preliminary items referred to in the Bill of Quantities, so far as
the work or service comprised therein has been carried out or performed and a proper proportion of
any such items which have been partially carried out or performed.
(b) The cost of materials, Plant or goods reasonably ordered for the Works which have been delivered or
of which the Contractor is legally liable to accept delivery, such materials, Plant or goods becoming
the property of the Employer upon such payments being made by him and
(c) Any additional sum payable under the provisions of Sub-Clause 5.58.3 [Damage to Works by Special
Risks]
Provided that against any payment due from the Employer under this Sub-Clause, the Employer shall be
entitled to be credited with any outstanding balances due from the Contractor for advances in respect of
Contractor's Equipment, materials and Plant and any other sums which, at the date of termination were
recoverable by the Employer from the Contractor under the terms of the Contract. Any sums payable under
this Sub-Clause shall, after due consultation with the Contractor and the Employer be determined by the
Engineer who shall notify the Contractor accordingly.
5.59 RELEASE FROM PERFORMANCE
5.59.1 Payment in the Event of Release from Performance

If any circumstance outside the control of both parties arises after the issue of the Notice of Acceptance
(NoA) which renders it impossible or unlawful for either party to fulfil his Contractual obligations, or under
the law governing the Contract the parties are released from further performance, then the sum payable by
the Employer to the Contractor in respect of the work executed shall be the same as that which would have
been payable under Clause 5.58 [Special Risks] if the Contract had been terminated under the provisions of
Clause 5.58 [Special Risks].
5.60 SETTLEMENT OF DISPUTES AND ARBITRATION
5.60.1 Amicable Settlement

If a dispute of any kind whatsoever arises between the 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 Employer, the matter in
dispute shall, in the first place be referred in writing to the other party. Such reference 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 execution of Works with all due diligence and the Employer shall continue to supervise
the Works and make payments in accordance with Contract.
On receipt of such notices from either of the party within 15 days, a meeting shall be fixed at a date
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convenient to both the Employer and the Contractor, to examine the disputes and to arrive at an amicable
settlement. The representative of the Employer and the Contractor can also participate in the discussions.
If either the Employer or the Contractor be dissatisfied with the outcome of the meeting, the Contractor or
the Employer can give notice of intention to commence arbitration of the unresolved disputes within a period
of 30 days.
5.60.2 Arbitration
Any dispute in respect of which amicable settlement has not been reached in accordance with Sub-Clause
5.60.1 [Amicable Settlement] shall be finally settled under the Rules of Indian Arbitration and Reconciliation
Act, 1996 by three arbitrators one by each Party and a presiding and third arbitrator to be appointed by the
said two arbitrators. The said arbitrators shall have full power to open up, review and revise any decision,
opinion, instruction, determination, certificate or valuation of Engineer related to the dispute. The EIC can
also be called as a witness to give evidence before the arbitrators on any matter whatsoever relevant to the
dispute.
Arbitration shall commence only after the issue of “Taking-Over Certificate”.
The Arbitration Tribunal / Arbitrators will give a reasoned award.
The proceedings of the Arbitration will be held at Mumbai and the language of arbitration shall be English.
The Arbitration proceedings will be within the jurisdiction of the Court of law at Mumbai.
5.61 NOTICES
5.61.1 Notice to Contractor

All certificates, notices or instructions to be given to the Contractor by the Employer or the Engineer under
the terms of the Contract shall be sent by registered post, fax, e-mail, courier or hand delivered at the
Contractor's address given in the Contract or such other address as the Contractor shall have communicated
to the Employer for this purpose.
5.61.2 Notice to Employer

Any notice to be given to the Employer / Engineer / Engineer’s Representative under the terms of the
Contract shall be sent by Registered Post, fax, e-mail, courier or hand delivered at their following address:
CHIEF ENGINEER
MUMBAI PORT TRUST
Port House, Shoorji Vallabhdas Marg,
Ballard Estate, Mumbai - 400 001
5.61.3 Change of Address

Either Party may change its designated address by prior written notice to the other Party.
5.62 DEFAULT OF EMPLOYER

5.62.1 Default of Employer
In the event of the Employer :
(a) failing to pay to the Contractor the amount due under any certificate of the Engineer within 60 days
after the expiry of the time stated in Sub-Clause 5.55.7 [Timing of Payments] within which payment is
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to be made, subject to any deduction that the Employer is entitled to make under the Contract, or
(b) becoming bankrupt or, being a company, going into liquidation, other than for the purpose of a
scheme of reconstruction or amalgamation, or
(c) giving notice to the Contractor that for unforeseen reasons, due to economic dislocation, it is
impossible for him to continue to meet his Contractual obligations,
The Contractor shall be entitled to terminate his employment under the Contract by giving notice to the
Employer. Such termination shall take effect 15 days after giving the notice.
5.62.2 Removal of Contractor's Equipment

Upon the expiry of the 15 days' notice referred to in Sub-Clause 5.62.1 [Default of Employer], the Contractor
shall, notwithstanding the provisions of Sub-Clause 5.52.1 [Exclusive Use of Equipment, Temporary Works and
Materials], with all reasonable dispatch, remove from the Site all Contractor's Equipment brought by him
thereon.
5.62.3 Payment on Termination

In the event of such termination the Employer shall be under the same obligations to the Contractor in regard
to payment as if the Contract had been terminated under the provisions of Clause 5.58 [Special Risks].
5.63 TAXES AND DUTIES

Except as may be expressly stated to the contrary, the Contractor shall pay all the taxes, levies, duties, octroi,
fees and licensing and other charges of all kinds in connection with and arising from the execution of the
Works and the supply of materials and Contractor’s Equipment, plant and other things in compliance with
local and national laws and orders from time to time in force and with any amendments thereto which may
be enacted from time to time except service tax which shall be paid at actuals.
The Contractor’s employees shall be responsible for the payment of all taxes, duties, levies, fees and other
charges of the Government of India and State Government levied upon them personally, as per the existing
laws of the country.
5.64 DIVING OPERATIONS
Any diving work shall be carried out in accordance with the Diving Operations Regulations of the
MbPT/Government of India / Govt. of Maharashtra as applicable.
Before any diving work is undertaken, the Contractor shall supply the Engineer with two copies of the Code of
signals to be employed and is to have a copy of such Code prominently displayed on the craft or structure
from which the operations take place.
5.65 USE OF EXPLOSIVES
Except as may be provided in the Contract or ordered or authorised by the Engineer, the Contractor shall not
use explosives. Where the use of explosives is so provided or ordered or authorised the Contractor shall
comply with the following requirements.
1. The Contractor shall at all times take every possible precaution in and shall comply with the
appropriate laws and regulations relating to the importation, handling, transportation, storage and use of
explosives and shall at all times when engaged in blasting operations post sufficient warning flagmen to the
full satisfaction of the Engineer.
2. The Contractor shall at all times make full liaison with and inform well in advance and obtain such
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permission as is required from all Government authorities, public bodies and private parties whosoever
concerned or affected or likely to be concerned or affected by blasting operations.
3. The Contractor shall pay all license fees and charges which may be required for storage or in respect
of any other matter whatsoever.
The Contractor shall pay all license fees and charges which may be required for storage of explosives or in
respect of any other matter whatsoever.
5.66 OBSERVANCE OF CONSERVANCY AND ENVIRONMENT

The Contractor shall observe the conservancy and environmental rules relating to the Harbour and
Employer’s Port and shall always take such necessary additional steps to keep the harbour and Port waters
are free of noxious or unhygienic matters emanating from execution of the Works as are required by the
Engineer. Under no circumstances shall inflammable materials be allowed to spill into the Harbour and Port
waters.
5.67 CONTRACTOR'S TEMPORARY WORKS, OFFICE ETC
The Contractor shall submit to the Engineer / Engineer’s Representative for his approval not less than 28 days
before commencement of erection of any part of Temporary Works, drawings and detailed proposals for the
method of construction of Temporary Works such as office, store, false work and temporary platforms, pre-
cast yard, workshop, etc. which he intends to construct for the execution of the Contract and no such work
shall be constructed before obtaining the written approval of Engineer / Engineer’s Representative. These
temporary works, office, store etc. shall be erected at or near the work area subject to approval of the
Engineer / Engineer’s Representative and the land space for the same will be allotted free of ground rent to
the extent available. However it is the responsibility of contractor to make good and comply with
environmental, statutory and safety requirements. No space inside the Port area will be allotted for labour
camp or workshop etc.
5.68 DETAILS TO BE CONFIDENTIAL - DRAWINGS AND PHOTOGRAPHS

The Contractor shall treat the details of the Contract as private and confidential; save in so far as may be
necessary for the purposes thereof and shall not publish or disclose the same or any particulars thereof in any
trade or technical paper or elsewhere without the previous consent in writing of the Engineer / Engineer’s
Representative.
No photograph of the Works or any part thereof or plant employed thereon shall be taken or permitted by
the Contractor to be taken by any of his employees or any employee of his Sub-Contractors unless otherwise
specifically mentioned in the Contract without the approval of the Engineer / Engineer’s Representative.
5.69 WATER AND POWER SUPPLY FOR CONSTRUCTION

Contractor shall make his own arrangements for water and power for execution of the works during the
tenure of the Contract, including his own arrangements to have a DG set if required. The contractor can
arrange power for construction from the Island if available In all cases the cost for arranging supply &
electricity bills shall be borne by the contractor as per the prevailing rules. be borne by the contractor as per
the prevailing rules.
5.70 AS-BUILT DRAWINGS

The Contractor shall also prepare, and keep up-to-date; a complete set of "as-built" drawings of the Works
executed showing the exact as-built locations, sizes and details of the work. These records shall be kept on
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the Site and shall be used exclusively for the purposes of this Sub-Clause. Two copies shall be supplied to the
Employer prior to the issuance of Taking-over certificate as stipulated in Clause 5.43 [Taking-Over Certificate
By Engineer]. The Taking-over Certificate shall be issued by the Engineer only upon submission of all required
As-built drawings to the satisfaction of the Engineer.
The Contractor shall submit three sets of CD-ROM having as-built drawings on AutoCAD (latest version) using
DWG format and three sets of CDs. Further, two (2) sets of hard copies of the drawings (with one of the
copies in TRACINGFILM) shall also be submitted, showing the executed works, as complete.
The work shall be considered as completed for the purpose of Taking-Over only when the Engineer receives
the documents in full.
5.71 PROGRESS PHOTOGRAPHS / VIDEO FILMS, ETC

The Contractor shall arrange to take progress photographs regularly at his cost, the positions from which, the
photographs are to be taken as directed by the Engineer / Engineer’s Representative. The Contractor shall
submit, on monthly basis, minimum three sets of colour photographs (15 cm X 10 cm) each set containing 12
photographs in albums along with a copy of photographs in a CD. Photographs are not to be communicated
outside. On completion of the works, the Contractor shall arrange to supply a minimum of 20 nos. of different
shots of colour photographs, selected from the progress photographs of 25 X 20 cm size enlargements in
albums and one copy of pictures in CD to the Engineer for record at no extra cost to the Employer. The
Contractor shall also arrange to produce a video programme of about 30 minutes duration covering the main
features of the project from time to time and 2 copies in 2 CDs shall be submitted to the Engineer at the end
of the Contract.
5.72 QUALITY ASSURANCE

The contractor shall be wholly responsible for the quality of materials and workmanship. The soundness of
the structure shall be ensured by the specified test before commissioning, during commissioning and after
commissioning including Defects Liability Period. In this regard, the Contractor shall submit a Quality
Assurance Plan (QAP) for the work along with the testing procedure approved by the Engineer in Charge
before commencing the work and shall be ensured for strict compliance of the same.
The Contractor shall institute a quality assurance system to demonstrate compliance with the requirements
of the Contract. The system shall be in accordance with the details stated in the Contract. The Employer shall
be entitled to audit any aspect of the system.
Details of all procedures and compliance documents shall be submitted to the Engineer / Employer for
information before each design and execution stage is commenced. When any document of a technical
nature is issued to the Employer, evidence of the prior approval by the Contractor himself shall be apparent
on the document itself.
Compliance with the quality assurance system shall not relieve the Contractor of any of his duties, obligations
or responsibilities under the Contract.
5.73 PROGRESS REVIEW MEETINGS

The Engineer / Engineer’s Representative may require the Contractor to attend a progress review meeting.
The progress review meeting shall be to review the progress, plan the programme for remaining works and
take remedial measures to complete the whole of the work in time.
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5.74 SEIGNIORAGE CHARGES
The Clause is deleted.
5.75 Contractor’s Work Area

The area as available with the Employer shall be allowed to the Contractor as work area on FREE OF RENT
during the Construction Period. The Contractor shall submit to the Engineer for his approval, Drawings and
proposals for any Temporary Works such as, storage yard, office, store, false work and temporary platforms,
workshop, etc. which he intend to construct for the execution of the Contract and no such Work shall be
constructed before obtaining the written approval of the Engineer
The Contractor shall obtain permission for any Temporary Work and would ensure that during execution of
Works the statutory requirements of the concerned authorities such as Mumbai Port Trust/ DGLL/Indian
Navy/ Local Police, etc. would be compiled with.
Not less than fifteen days before the date when the Contractor intends to start erecting any part of the
Temporary Works.
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6 PART I – (SECTION - 6) : CONDITIONS OF PARTICULAR APPLICATION
5.2.1 Replace this Sub-Clause as under:

Definitions
In the Conditions of Contract (“these Conditions”), which include
Conditions of Particular Application and these General Conditions, the
following words and expressions shall have the meanings stated herein.
Words indicating persons or parties include corporations and other
legal entities, except where the context requires otherwise. These are
in addition to the words and expressions defined in PART I - Section 1 –
“Glossary” – of the TENDER DOCUMENT and elsewhere in these
General Conditions.
5.2.1 (B) 2 Amend this Sub-Clause as under:

Employer “Employer” means
The Board of Trustees of the Port of Mumbai,

Port House, S.V.Marg,
Mumbai-400001,
On behalf of Mumbai Port Trust .
Mumbai Port Trust or DGLL shall co-ordinate the project.
5.4 Modify the sub-clause as hereunder:

Contract Agreement The Contractor shall enter into and execute the Contract Agreement in
the format given in PART I – (SECTION - 7) : FORM OF AGREEMENTof
the TENDER DOCUMENT , to be prepared and completed at the cost of
the CONTRACTOR, in the form annexed to these Conditions with such
modification as may be necessary. The costs of stamp duties and
similar charges (if any) imposed by law in connection with the entering
into Contract shall be borne by the Contractor. Until the formal
agreement is executed, the Tender together with the Employer’s
Notice of Acceptance or NoA thereof, shall constitute a binding
Contract between the Employer and Contractor.
The Contractor shall submit the executed Contract Agreement in Hard
bound and 10 copies of the same in Spiral Binding to the Employer.
5.4.1 Replace the first sentence of this Sub-Clause with the following:
Right of Access to the Site The Employer shall give the Contractor right of access to and
possession of the Site as is required by the Contractor as soon as
possible, but, in any case, not later than 10 days from the date of issue
of NoA to the Contractor.
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5.4.3 Amend the subclause as under:
The Engineer The Engineer means the ‘Engineer-in-Charge’. Wherever the word ‘The
Engineer’ appear in the Contract, the same shall be read as ‘The
Engineer-in-Charge’.
The Engineer shall have complete authority to issue instructions to the

Contractor/Contractor’s Personnel, to agree or determine any matter
in respect of design, construction and execution of the Works, Testing
and payments due to the Contractor. The Engineer shall be deemed
to have complete authority as that of the Employer on these matters.
For the avoidance of doubt, both the words “Engineer” or “Engineer-In-
charge (EIC)” shall mean one and the same.
5.4.5 Replace the first sentence as follows:

Proof Consultant Any Consultant appointed by the Employer as its Proof Consultant.
5.4.7 Amend the last paragraph with the following:

Instructions Under this Sub- Clause, the Engineer, Engineer’s Representative and/or
Assistants shall have the authority to issue instructions to the
Contractor for carrying out the Works in accordance with the Contract.
The Contractor shall duly comply with the instructions from them as if
they were issued by the Employer.
5.4.9 Insert the following paras after the second paragraph:
Determinations “If the Contractor fails to give notice to the Engineer/Employer of his
dissatisfaction with Engineer’s - determination within 7 days of its
receipt, the determination shall become final and binding on the
Contractor. The Employer shall be deemed to have been discharged of
his liability in connection with the Contractor’s claim / dispute on such
determination. If, however, the Contractor gives notice of his
dissatisfaction of such determination within 7 days, the Contractor and
the Employer may then resolve the dispute pursuant to Clause 60
[Settlement of Disputes and Arbitration].”
“However, during the above dispute process, the Contractor shall

continue to proceed with execution of the Works in accordance with
the Contract.”
5.6.1 Insert the following as sub-paragraph (d) under this Sub-Clause:
General Design Obligations d) Portions, data and information for which the Contractor has been
expressly exempted under the Contract from verifying their accuracy
and correctness.
5.6 Insert the following text in-between the second and third paragraphs
of the subclause-5.6.2: Contractor’s Documents:
Design
The various stages of submission of Design Basis, Calculations,
Drawings, etc., shall be furnished by the Contractor and documents
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submitted thereof to the Employer / Proof Consultant for its review
and approval.
5.8.1 Replace this Sub-Clause with the following:

Sub Contracting The Contractor shall not subcontract the whole of the Works.
The Contractor may, subject to the terms and obligations under this
Contract, subcontract a part of the Works under certain conditions.
However, notwithstanding any such subcontracting, the Contractor
shall not be relieved of any of his liabilities or obligations or
responsibilities under the Contract. . The Contractor shall be solely
liable for the acts, omissions, breaches failures, defaults or negligence
of Sub-Contractors as if they were the ones of the Contractor.
The Contractor shall not subcontract any part of the Works without the
prior written consent of the Employer which consent shall not be
unreasonably be withheld or denied. The Contractor shall, in order to
obtain such prior written consent of the Employer, notify in writing to
the Employer of all the details of the subcontracts intended to be
awarded to any Subcontractor under this Contract.
The Contractor shall give the Engineer not less than 28 days' notice of:
the intended appointment of the Subcontractor, with detailed
particulars which shall include his relevant experience, and
the intended commencement of the Subcontractor's work at site.
The Contractor shall also submit an undertaking from the proposed
Subcontractor indemnifying the Employer against any and all claims,
including but not limited to payments due to Subcontractor from the
Contractor and also claims or disputes between the Contractor and
Subcontractor.
The Contractor shall indemnify or hold harmless the Employer against
Subcontractors’ payment dues, wages, and also against non-
compliance by the Subcontractors with statutory requirements and tax
dues under the subcontracts.
The Contractor shall, upon receipt of written notice from the Engineer,
terminate the employment of any Subcontractor whose acts or
omissions, in the reasonable opinion of the Engineer, are detrimental
to the interest of the Employer, the Contractor or smooth execution of
the Works.
The Subcontractor shall furnish to the Employer an unpriced copy of all
subcontracts and purchase orders (POs) issued by the Contractor for
execution of the Works. Upon termination of the Contract by the
Employer for repudiation, abandonment, or for any other reason
whatsoever, the Employer shall be empowered to deal directly with the
Subcontractors in terms of the sub-contracts or P.Os.
The Contractor is not required to obtain any such consent from the
Employer for:
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Provision of labour,
Purchase of materials which are in accordance with the standards
specified in the Contract, or
Subcontracting of any part of the Works for which the Sub-Contractors
are already named in the Contract.
5.9 As per the Appendix to Tender, the Performance Security shall be 10%
of the Contract Price.
Performance Security
““The successful bidder will be required to furnish a Bank Guarantee as
security for due performance of the Contract and such guarantee shall
be given by Mumbai Office of an Indian Nationalised Bank / Scheduled
Bank or of a foreign bank approved by the Reserve Bank of India which
shall be authorised to do business in India and approved by the
Employer. The amount of security would be 10% of the Contract Price,
as per format given in TENDER DOCUMENT : PART I – Section 9 -
Appendix VIII [Format for PerformanceBank Guarantee]. ,”
New Sub-Clause5.11.3 Add a new Sub-Clause as under:

Milestone Completion and A Milestone Completion and Payment Schedule for completion of the
Payment Schedule Works (“Schedule”) in the form of a PERT Chart indicating therein (i)
identifiable milestones for completion of the Works (ii) time for
completion of each such milestones; and (iii) payments associated with
each such milestones shall be submitted by the Contractor to the
Employer within 21 days from the date of receipt of NoA , which shall
be mutually agreed to upon between the Engineer and the Contractor.
All Interim Payments under Sub-Clause 5.55.3 [Application for Interim
Payments] shall be made on completion of each such milestone as per
this Schedule. Liquidated Damages under Clause 40 [Liquidated
Damage] shall be applicable any if any particular milestone is not
completed by the Contractor as per this Schedule.
5.12.2 Add the following at the end of this Sub-Clause:

Contractor’s The Contractor during the currency of the Contract shall not remove
any key personnel from the Site without the prior permission from the
Representative
Engineer, which permission shall not unreasonably withheld.
5.36 Add the following at the end of this Sub-Clause:

Time for Completion “The Time for completion of different Sections of the Works and the
whole of the Works shall be –
The Works for the Project as a whole has been divided into different
Sections ? Regions for al completion within the stipulate time frame
of 12 months from the date of NoA.
The whole of the Works for the Project including essential punch list
items, if any, shall be completed within 12 months from the date of
NoA excluding defects liability period for liquidation of all punch list
items.
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The completion of the whole of the Works in different Sections as
above shall be subject to the following:
iii) The Works or any Sections thereof, as the case may be, shall
successfully pass the “Tests on Completion” in terms of the EPC
Contract, and
iv) Completion of all such works as is expressly stated to be
within the Scope of Works or which is implied to be so though not
expressly stated as such but under terms of the Contract is required
for the Works to be considered as completed for the purposes of
taking-over of the whole of the Works by the Employer
Save as the above, the Employer may, by prior written notice to the
Contractor, change the priority of the dates for completion of any
Sections, or parts of the Works comprised in the respective Sections of
the Works. The Contractor shall be required to adhere to such
changes at no extra cost to the Employer”
This Time for Completion shall be inclusive of the following:
a) Achieving the passing of Tests on Completion, and
b) Completing all Works including the Outstanding Works which is
stated in the Contract as being required for the Works to be considered
as completed for the purposes of issuing Taking-Over Certificate.
Save as the above, the Employer/ EIC may, by prior adequate notice to
the Contractor change the priority of Milestones for completion of the
Works or any part thereof as may be found expedient for timely
completion of the Works
5.40 Add the following text immediately after the first paragraph:
Liquidated Damages “Since the levy of Liquidated Damages is for the pre-estimated loss
likely to be suffered by the Employer, the Employer is not required to
show any documentary evidence as to quantify or prove the losses
suffered by the Employer on account of such delay in completion of
work by the contractor.
Liquidated Damages for delay shall be levied and collected by the
Employer from the Contractor for any delay occurring in completion of
each Section of the Works or of the whole of Works beyond theTIME
FOR COMPLETION as per clause5.36.
Liquidated Damages for such delay shall be levied and collected at the
rate of 0.5% of the Contract Price as applicable to each such Section or
whole of the Works, as the case may be, per each week of delay or
part thereof. However, the ceiling on the amount of Liquidated
Damages payable by the Contractor, whether per Section or the whole
of the Works, shall not exceed 10 (ten) per cent of the Contract Price
for the whole of the Works.
The amount of Liquidated Damages calculated as above shall be due
and payable by the Contractor to the Employer as and when such
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delays occur on a weekly basis
5.45 Defects Liability Period for the Works shall be one year from the date
of issue of “Taking Over Certificate” for the whole of the Works by the
Defects liability period
Employer
5.45.7 Delete the second paragraph under this Sub-Clause and replace with
the following:
Further Tests
“These tests shall be carried out in accordance with the terms
applicable to the previous tests as per Sub-Clause 5.30.4 [Testing].”
5.55 Add this clause.

CERTIFICATES AND The payment for the Work shall be regulated as follows.
PAYMENTS
For all payments the Contractor shall raise INVOICE in the name of
MbPT and submit to the Engineer. The payment will be done
directly by MbPT to the Contractor.
5.55.3 Delete and Replace the first paragraph of this Sub-Clause with the
following:
Application for Interim
Payments The Contractor shall submit a Statement in six copies to the Engineer
after the end of each Milestone as per Sub-Clause 5.11.3 [Milestone
Completion and Payment Schedule ] in a form approved by the
Engineer, showing in detail the amounts to which the Contractor
considers himself to be entitled to, together with the supporting
documents which shall include the relevant reports on progress,
Testing and Design Schedule in accordance with Sub-Clause 5.11.2
[Progress Reports] and 5.11.3 [Schedule of Payment].
5.55.2.1 Add the following para at the end of this Sub-Clause:

Advance Payment “The Contractor shall submit an unconditional irrevocable Advance
Payment Bank Guarantee which shall be given by Mumbai Office of an
Indian Nationalised Bank / Scheduled Bank or of a foreign bank
approved by the Reserve Bank of India which shall be authorised to do
business in India and approved by the Employeras per format given in
TENDER DOCUMENT – PART - I – Appendix IX [Format for Advance
Payment Bank Guarantee].
An interest bearing advance not exceeding 10% of the contract amount
can be given to the contractor on production of a Bank Guarantee from
a scheduled/ nationalised bank for the amount as per format given in
TENDER DOCUMENT – PART- I – Appendix IX [Format for Advance
Payment Bank Guarantee].and the advance shall be recovered from
the running account bills pro-rata from the first running account bill
onwards along with the interest at SBI base rate + 2% per annum
accrued on the advance recovered. For calculating interest, the period
will be reckoned upto the date of authorisation for payment of the bills
by the Engineer-in-Charge.
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The said bank guarantee for advance shall initially be made for the full
amount and valid for the contract period and be kept renewed from
time to time to cover the balance amount and likely period of complete
recovery together with interest.
5.55.2.2 A sum equivalent to 5 (five) per cent of Interim Payments shall be

deducted and retained by the Employer from Contractor’s Interim
Retention Money
Payment Applications towards retention as a security towards proper
and punctual execution and completion of the Works. This amount of
retention shall be subject to repayment as stated in said clause
5.73
PROGRESS REVIEW The Progress Review Meeting shall be conducted every Week during
MEETINGS the construction period.
New Clause Add the following as Clause:

6.75 Any bribe, commission, gift or advantage given, promised or offered by
or on behalf of the Contractor or his partner, agent or servant or
Bribes,
anyone on his or their behalf to any officer, servant, representative or
Commissions agent of the Employer or to any person on his behalf in relation to
obtaining benefits to the execution of this or any other contract with
the Employer, shall, in addition to any criminal liability which he may
incur, subject the Contractor to the termination of this and all other
Contracts entered into by him with the Employer and also to payment
of any loss or damage resulting from such termination. The Employer
shall be entitled to deduct the amounts of such loss or damage so
payable by the Contractor from any money otherwise due to the
Contractor under this or any other Contract. Any question or dispute as
to the commission of any offence under the Sub-Clause shall be
settled by the Employer in such manner and on such direct or
circumstantial evidence or information as he shall think fit and consider
sufficient and his decision shall be final and conclusive.
New Clause Add the following as Clause 75:

6.76 Without prejudice to any other provisions of the Contract, the
Contractor shall assume / complete responsibility for protection of
Pollution Prevention
environment and prevention of pollution including -
(a) prevention of water pollution so as not to adversely affect the
quality or appearance of water or cause injury or death to animal and
plant life while working on any sea-fronts, harbours, rivers, streams,
waterways, drains, water courses, reservoirs and the like; .
(b) prevention of water pollution or interference with supply or
abstraction of any underground water resources including percolating
water so as not to adversely affect the quality and sources of such
water.
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7 PART I – (SECTION - 7) : FORM OF AGREEMENT
[To be engrossed on non-judicial stamp paper of appropriate value]
issued in the name of Mumbai Port Trust in two Sets, prior to execution by the Parties]
THIS AGREEMENT made on this the ………day of ………… 2018 at Mumbai, Maharashtra State in India
BY AND BETWEEN
THE MUMBAI PORT TRUST having its registered office and address at Port House, S.V.Marg, Ballard
estate, Mumbai-400001, India, represented by ………………… …………………… [Name & Designation of
the signing authority], (hereinafter called the “Employer”, which expression shall, unless repugnant
to the context or the meaning thereof, include its administrators, successors and assigns) of the One
Part;
AND
………………………………………… [name of the Contractor], a company incorporated under the laws of
……………………. and having its registered office and address at ………………..
………………………………………………………………………………..represented by…………
……………………………………………………[Name & Designationof the signing authority], (hereinafter called
the “Contractor” which expression shall, unless repugnant to the context or the meaning thereof,
include its, successors and permitted assigns) of the Other Part.
Each of the “Employer” and the “Contractor” individually called a "Party" and collectively the
"Parties".
RECITALS
WHEREAS:
(A) The Employer invited TENDER DOCUMENT Ref. _________ dated _____________ for
Construction ofBoat Landing Jettyat Kanhoji Angre Island, Mumbai Port on EPC Contract basis
and remedying the defects therein (hereinafter called the “Works”) on EPC/Turnkey basis in
terms of the TENDER DOCUMENT ;
(B) After careful consideration and evaluation of the Tenders received against the said TENDER
DOCUMENT , the Employer has accepted the Bidder’s Offer
Ref.___________________dated _____________ as the same was amended or deemed to
have been amended subsequently during the tender opening and evaluation, and issued
Notice of Acceptance (of the Tender) or NoA, Ref. __________dated ______________ for
execution and completion of the Works for the Project on EPC/Turnkey basis according to
the terms & conditions of the Tender and this Contract; and
(C) The Parties now wishes to enter into this Contract for the Works on the terms and conditions
of this Contract which have been fully negotiated between the Employer and the Contractor
as parties of competent capacity and equal standing.
NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES, COVENANTS AND AGREEMENTS
CONTAINED HEREIN AND FOR GOOD AND VALID CONSIDERATION, THE ADEQUACY OF WHICH HAS
BEEN ACKNOWLEDGED BY THE PARTIES, THE PARTIES, INTENDING TO BE LEGALLY BOUND, HEREBY
AGREE AS FOLLOWS
Page 146
1) In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Modified General Conditions of Contract hereinafter referred to.
2) In consideration of the payments to be made by the Employer to the Contractor under the
Contract, the Contractor shall carry out and complete the construction of the Works on
EPC/Turnkey basis and discharge all the relevant obligations on its part specified in, or to be
inferred from, and in all respects in accordance with this Agreement.
3) Contract Documents:
3.1) The following documents shall be deemed to form and be read and construed as part of this
Agreement viz.:
a) Notice of Acceptance (“NoA”) Ref.___________dated______________as per Appendix-
b) “Schedule of Prices” and” Schedule of payments on Milestone Completion” as submitted by

Bidder.
c) TENDER DOCUMENT in its entirety including all Addendum, Corrigendumand
Clarificationsduly signed and submitted by the Bidder.
d) All communications exchanged between Employer and Contractor during tender process till
issue of NoA.
3.2) The Contractor hereby declares to have full knowledge and understanding of the contents of
all the foregoing documents whether contained in or incorporated by reference therein and
accepts all the terms and conditions contained therein. In the event of any ambiguity or
conflict between any of the foregoing Contract Documents, or any of the terms & conditions
contained therein, the Contractor shall, prior to commencement of the Works, be deemed
to have obtained from the Employer or Employer’s Engineer, as the case may be, all
necessary clarifications in order to get such ambiguity or conflicts resolved satisfactorily.
The order of precedence of the foregoing documents shall be the same as listed herein
above.
4) Scope of Work, Price Schedule, Milestone Completion & Payment
4.1) The Contractor shall carry out and complete the Scope of Work covering inter alia (i) design
& engineering of the Works, (ii) civil & structural work, foundations, buildings, roads, and
necessary infrastructure for the Works; (iii) provision of construction material such as
cement, steel, etc.(iv) provision of labour and supervision; and (iv) obtaining and
maintaining of all Contractor’s Permits, according to the terms & conditions of the Contract.
4.2) The Contractor hereby warrants and undertakes that the Works shall be executed
according to the applicable Codes, quality standards and statutory requirements to the
complete satisfaction of Employer and the Engineer and when completed shall be fit for
the purpose set out in the Contract Documents.
4.3) In consideration of full and complete discharge of the Contractor’s obligations under this
Contract, the Employer shall pay to the Contractor Contract Price denominated in Indian
Rupees as set out in the Schedule of Prices and Schedule of payments on Milestone
Completion”.
4.4) Any failure by the Contractor to complete or cause to be completed the whole of the Works
within the Contract Completion Date including the respectively identified Milestones as per
Milestone Completion & Payment Schedule or any permitted extensions hereto for any of
Page 147
them for reasons attributable to the Contractor as may be determined by the Employer and
the Engineer, will entail payment by way of Liquidated Damages for Delay by the
Contractor to the Employer as set out in the Contract.
5) Notices
5.1) Any notice to be given under the Contract shall be sent to the Employer or the Contractor, as
the case may be, at the address set forth below:
Owner Contractor:
MUMBAI PORT TRUST ___________________________
Address:The Chief Engineer Address:
Mumbai Port Trust,
3rd Floor, Port House, S.V.Marg
Mumbai-400001
Attn. : Attn.:
Title: Title:
Tel. Tel.
Fax: Fax:
E-mail: E-mail:
5.2) Any notice to be given hereunder by one Party to the other Party may be sent by pre-paid
registered post or by overnight courier or by facsimile or by e-mail to its address given herein
above or to such other address as may have been communicated by such Party to the other
Party and such notice shall be deemed to have been received if sent by pre-paid registered
post or overnight courier on the date of its delivery as evidenced by the postal mark or
receipted courier advice; if sent by facsimile on the date of its transmission stamped on it;
and if sent by e-mail on the date of its transmission as evidenced by its properties.
6) General
6.1) This Agreement shall be deemed to have been effective from the date of issue of Notice of
Acceptance (of the Tender) to the Bidder by the Employer which shall also be deemed to be
the Commencement Date for commencement of the Works by the Contractor under this
Contract. The Milestone Schedule for completion of the Works shall be deemed to have
commenced from such Commencement Date. This Agreement which shall remain valid until
all the obligations under this Agreement are satisfactorily discharged by the Parties hereto.
However, all those provisions of the Agreement which are deemed to continue even after
expiry of such validity shall continue to be in full force and effect as expressly provided in the
Agreement. .
6.2) This Contract supersedes all prior negotiations, representations, warranties and agreements
related hereto whether oral or written.
6.3) No amendments to this Agreement shall be effective, unless the same is evidenced in writing
and duly signed by the authorised representatives respectively of the Employer and the
Contractor.
6.4) This Agreement is executed in counter-parts, each of which shall be deemed to be original and
retained by each of the Parties but together they shall constitute one and the same Agreement.
Page 148
IN WITNESS WHEREOF the Employer and the Contractor have caused this Agreement to be duly
executed by their duly authorised representatives as of the day, month and year herein above
written.
SIGNED, SEALED AND DELIVERED

By the above named ______________________
________________________________________ Constituted Attorney
in the presence of _________________________
OR
SIGNED, SEALED AND DELIVERED by
The above named _________________________
________________________________________
on behalf of themselves and for and on
behalf of ________________________________
in the presence of _____________ Signature of Contractors
OR
The Common Seal of
Affixed pursuant to a resolution of the Board
Of Directors dated the __________________
Day of _____________ 2018 in presence of Director
____________________________________
and _________________________________
two of the directors of the said company. Director
By __________________________________
(Name and Designation of HOD)
for and on behalf of, The Board of Trustees
of the Port of Mumbai, in the presence of (Designation of HOD concerned)
____________________________________
The Common Seal of the Board of Trustees
Of the Port of Mumbai was affixed in the
Presence of ___________________________
Secretary
MumbaiPort Trust.
Page 149
8 PART I – (SECTION - 8): FRAUD AND CORRUPT PRACTICES
8-1. The Bidder and their respective officers, employees, agents and advisers shall observe the
highest standard of ethics during the Bidding Process. Notwithstanding anything to the
contrary contained herein, the Employer may reject an Application without being liable in
any manner whatsoever to the Bidder if it determines that the Bidder has, directly or
indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice in the Bidding Process.
8-2. Without prejudice to the rights of the Employer under Clause 8-1 hereinabove, if an Bidder is
found by the Employer to have directly or indirectly or through agent, engaged or indulged in
any corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice during the Bidding Process, such Bidder shall not be eligible to participate
in any tender or TENDER DOCUMENT issued by the Employer during a period of 2 (two)
years from the date such Bidder is found by the Employer to have directly or indirectly or
through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice, as the case may be.
8-3. For the purposes of this Clause 8, the following terms shall have the meaning hereinafter
respectively assigned to them:
(a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence the actions of any person connected
with the Bidding Process (for avoidance of doubt, offering of employment to, or
employing, or engaging in any manner whatsoever, directly or indirectly, any
official of the Employer who is or has been associated in any manner, directly or
indirectly, with the Bidding Process or the LOA or has dealt with matters
concerning the EPC Contract or arising therefrom, before or after the execution
thereof, at any time prior to the expiry of one year from the date such official
resigns or retires from or otherwise ceases to be in the service of the Employer,
shall be deemed to constitute influencing the actions of a person connected with
the Bidding Process); or (ii) save and except as permitted under sub clause (d) of
Clause 0, engaging in any manner whatsoever, whether during the Bidding
Process or after the issue of the NOA or after the execution of the EPC Contract,
as the case may be, any person in respect of any matter relating to the Project or
the NOA or the EPC Contract, who at any time has been or is a legal, financial or
technical adviser of the Employer in relation to any matter concerning the Project;
(b) “fraudulent practice” means a misrepresentation or omission of facts or

suppression of facts or disclosure of incomplete facts, in order to influence the
Bidding Process ;
Page 150
(c) “coercive practice” means impairing or harming or threatening to impair or harm,
directly or indirectly, any person or property to influence any person’s
participation or action in the Bidding Process;
(d) “undesirable practice” means (i) establishing contact with any person connected
with or employed or engaged by the Employer with the objective of canvassing,
lobbying or in any manner influencing or attempting to influence the Bidding
Process; or (ii) having a Conflict of Interest; and
(e) “restrictive practice” means forming a cartel or arriving at any understanding or

arrangement among Bidders with the objective of restricting or manipulating a
full and fair competition in the Bidding Process.
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9 PART I – (SECTION - 9) : MISCELLANEOUS
9-1. The Bidding Process shall be governed by, and construed in accordance with, the laws of
India and only the competent Courts at Mumbai shall have exclusive jurisdiction over all
matters arising under, pursuant to and/ or in connection with the Bidding Process.
9-2. The Employer, in its sole discretion and without incurring any obligation or liability, reserves
the right, at any time, to;
(a) suspend and/ or cancel the Bidding Process and/ or amend and/ or supplement
the Bidding Process or modify the dates or other terms and conditions relating
thereto;
(b) consult with any Bidder in order to receive clarification or further information;
(c) retain any information and/ or evidence submitted to the Employer by, on
behalf of, and/ or in relation to any Bidder; and/ or
(e) independently verify, disqualify, reject and/ or accept any and all submissions or
other information and/ or evidence submitted by or on behalf of any Bidder.
9-3. It shall be deemed that by submitting the Tender, the Bidder agrees and releases the
Employer, its employees, agents and advisers, irrevocably, unconditionally, fully and finally
from any and all liability for claims, losses, damages, costs, expenses or liabilities in any
way related to or arising from the exercise of any rights and/ or performance of any
obligations hereunder and the Bidding Documents, pursuant hereto, and/ or in connection
with the Bidding Process to the fullest extent permitted by applicable law, and waives any
and all rights and/ or claims it may have in this respect, whether actual or contingent,
whether present or in future.
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10 PART I – (SECTION - 10) : APPENDIX TO TENDER
Descriptions Clause No. Remarks (Subject to Confirmation by the

MbPT)
Amount of Performance 4.28 of ITT 10 % of the Contract Price rounded off to
Security (if any) the nearest 1000/-
Minimum amount of Third 5.18.3 of GCC Minimum amount of Third Party Insurance –
Party Insurance Rs. 15,00,000/- per occurrence, with
Number of Occurrences unlimited
Time to commence Works 5.34of GCC 21 days from the date of issue of Notice of
Acceptance
Time for Project completion 5.36 of GCC 12 months from the date of issue of Notice
of Acceptance
Amount of Liquidated 5.40of GCC 0.5% of Contract Price for every one week of
Damages Delay or part thereof
Limit of Liquidated Damages 5.40of GCC 10% of Contract Price
Defects Liability Period 5.45of GCC 12 months

Percentage of Retention 5.55.2.2of GCC 5 % of each interim payment
Money
SIGNATURE __________________________________
FOR AND ON BEHALF OF ________________________________
________________________________
DATE _______________________
Page 153
PART - I – PART – B : QUALIFICATION REQURIEMENTS (QR)
1 Evaluation Parameters
1.1 Only those Bidders/Consortium who meet the eligibility criteria specified in Clause 0.of
PART - shall qualify for evaluation under this Part-I of the Tender. Tenders from Bidders/
Consortium who do not meet these criteria shall be rejected.
1.2 The Bidder’s competence and capability is proposed to be established by the following
parameters:
1.2.1 Technical Capacity; and
1.2.2 Financial Capacity
2 Technical & Financial Criteria for the purpose of Evaluation

2.1 All Bidders who possess the eligibility requirements as per Clause 4.2 of PART -I are
considered to be technically qualified.
2.2 The Bidder should furnish the required Project-specific information and evidence in support
of its claim of Technical Capacity, as per format given in Annex-III of Appendix-I along with
Notarised copy or original of the Completion Certificates issued by the Employer evidencing
successful completion of the Project or the Works for the Project, which shall invariably
contain completion cost, date of commencement, date of completion, Scope of works
executed. Also write-ups on, Project Management System practiced by the Bidder and CVs
of Supervisory, Managerial & Specialist personnel.
2.3 Experience for any activity relating to an Eligible Project or Similar Works shall not be
claimed by two or more Members of the Consortium. In such case, experience of Lead
Member only will be considered. In other words, no double counting by a Consortium in
respect of the same experience shall be permitted in any manner whatsoever. Also,
experience as a sub-contractor will not be considered.
2.4 The Bidder must provide the necessary information relating to Financial Capacity as per
format given in Annex-II of Appendix-I.
2.5 The Tenders must be accompanied by the Audited Annual Reports of the Bidder (of each
Member in case of a Consortium) for the last 3 (three) financial years, preceding the year in
which the Bid is submitted.
2.6 In case the annual accounts for the latest financial year are not audited and therefore the
Bidder cannot make it available, the Bidder shall give an undertaking to this effect and the
statutory auditor shall certify the same. In such a case, the Bidder shall provide the Audited
Annual Reports for 3 (three) years preceding the year for which the Audited Annual Report
is not being provided.
2.7 The Bidder must establish the Minimum Average Annual Turnover of Rs.255.91 lakh as
specified in Clause 2 of NIT , and provide details as per format given in Annex-II of
Appendix-I.
Page 154
3 Details of Experience
3.1 The Bidder should furnish the details of Eligible Experience for the last 10 (ten) financial
years ending on 31st March 2018.
3.2 The experience certificate of Works executed in private sector organisations shall be
considered for qualification, only on submission of necessary TDS certificates along with
notarised copies of Contract/Work Order and Completion Certificate issued by the
Employer.
4 Documents to be submitted with Part-I

4.1 The bidder shall submit the following documents as part of Part-I
a) Bid Bond as per format given in Appendix V [Format for Bid Bond in the Form of Bank
Guarantee] or Demand Draft as the case may be.
b) Demand Draft/ Banker‘s Cheque towards cost of purchase of Tender Document. Incase
Tender document purchased from MbPT Office directly by the Bidder, the Copy of
Cash Receipt as issued at time of purchase shall be made available.
c) Forwarding Letter addressed to the Employer as per the format given in Appendix-I
d) Duly filled and signed by the following Annexes of Appendix-I:
Annex – II Financial Capacity of Bidder
Annexure A, C, D, E, Proforma I & II
e) A Notarised Copy of the Power of Attorney issued by the Bidder to the authorised
signatory of the Tender as per format given in Appendix II or III[Format for Power of
Attorney for signing the Bid], as the case may be.
f) A Notarised Copy of the Power of Attorney for the Lead Member of the Consortium
issued by all the Members of the Consortium pursuant to Clause 4.2.4 as per format
given in Appendix III [Format for Power of Attorney for the Lead Member of
Consortium]
g) A Notarised Copy of Joint Bidding Agreement entered into by all the Members of the
Consortium pursuant to Clause 4.2.5 (d) as per format given Appendix IV [Joint
Bidding Agreement]
h) The Original set of TENDER Documents downloaded from Employer’s website or
issued by the Employer to the Bidder in its own name together with all Addenda duly
signed& stamped on the all the pages by the Bidder.
i) An Undertaking that no changes have been made in the Tender Documents
downloaded by the Bidder or issued to the Bidder by the Employer in the Proforma
given in Appendix XI
j) An Undertaking that Part II : Commercial & Price Bid is unconditional as per
Proforma given in Appendix XII
Page 155
k) An Undertaking that no illegal methods have been used for influencing the Bid
Process as per Proforma given in Appendix XIII
l) An Undertaking for disclosure of payments made/proposed to be made to
Intermediaries in connection with the Tender as per Proforma given in Appendix XIV
m) Any other document or literature which the Bidder thinks is necessary for proper
evaluation of its Tender. The Bidder shall draw special attention of the Employer to
such document or literature in its forwarding letter as perAppendix-1
n) SCHEDULES 1 to 8 issued as part of part -.1 : Qualification Requirement (QR)
Documents duly completed and signed by the Bidder
4.2 Any failure by the Bidder to submit the foregoing documents in Cover -1 will render the
Bidder ineligible for participation in the Bidding process.
Page 156
PART I – APPENDICES
Appendix-I
Letter Comprising the Tender
[To be made in Bidder’s Letter Head]

Ref. No................ Date:...........................
To,
CHIEF ENGINEER
MUMBAI PORT TRUST
Port House,
Shoorji Vallabhdas Marg,
Ballard Estate,
Mumbai - 400 001.
Sub: Tender No. CE KALH/EPC/2018 - Tender for Development of Tourism

Project at Kanhoji Angre Island, Mumbai Port which is located in
Raigad District on EPC Contract Basis (“Project”)
Dear Sir,
1. With reference to your TENDER document dated ………..1 , we, having examined the
TENDER document and understood its contents, hereby submit our Application for
Qualification for the aforesaid Project. The Application is unconditional and unqualified.
2. We acknowledge that the Employer will be relying on the information provided in the
Tender and the documents accompanying such Tender of the Bidders for the aforesaid
project, and we certify that all information provided in the Tender and in Appendices,
Annexes and Schedules is true and correct; nothing has been omitted which renders such
information misleading; and all documents accompanying such Tender are true copies of
their respective originals.
1
All blank spaces shall be suitably filled up by the Applicant to reflect the particulars relating to
such Applicant
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3. This statement is made for the express purpose of qualifying as a Bidder for the
construction of the aforesaid Project including repairs and rectifications during the Defects
Liability Period as have been specified in the Tender Documents.
4. We shall make available to the Employer any additional information it may find
necessary or require to supplement or authenticate the Qualification statement.
5. We acknowledge the right of the Employer to reject our Tender without assigning
any reason or otherwise and hereby waive, to the fullest extent permitted by applicable law,
our right to challenge the same on any account whatsoever.
6. We certify that in the last 3(three) years, we/ any of the Consortium Members or
our/ their Associates have neither failed to perform on any contract, as evidenced by
imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or
arbitration award, nor been expelled from any project or contract by any public authority
nor have had any contract terminated by any public authority for breach on our part.
7. We declare that:
(a) We have examined and have no reservations to the TENDER document,
including any Addendum issued by the Employer.
(b) We do not have any conflict of interest in accordance with Clauses 0 (c) of
PART -I of the TENDER document; and
(c) We have not directly or indirectly or through an agent engaged or indulged in
any corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice, as defined in PART -I - Section-8 of the TENDER
DOCUMENT document, in respect of any tender or request for proposal issued
by or any agreement entered into with the Employer or any other public
sector enterprise or any government, Central or State and have submitted
necessary Undertakings in the prescribed formats as per Clause 0; and
(d) We hereby certify that we have taken steps to ensure that in conformity with
the provisions of PART -I -Section-8 of the TENDER document, no person
acting for us or on our behalf has engaged or will engage in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice.
8. We understand that you may cancel the Bidding Process at any time and that you are
neither bound to accept any Application that you may receive nor to invite the Bidders to Bid
for the Project, without incurring any liability to the Bidders, in accordance with PART -I -
clause0 and Section-9 of the TENDER document.
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9. We believe that we/ our Consortium/ proposed Consortium satisfy(ies) the Financial
Capacity criteria and meet(s) all the requirements as specified in the TENDER document and
are qualified to submit a Bid.
10. We declare that we/ any Member of the Consortium, or our/ its Associates are not a
Member of a/ any other Consortium applying for TENDER.
11. We certify that in regard to matters other than security and integrity of the country,
we/ any Member of the Consortium or any of our/ their Associates have not been convicted
by a Court of Law or indicted or adverse orders passed by a regulatory authority which could
cast a doubt on our ability to undertake the Project or which relates to a grave offence that
outrages the moral sense of the community.
12. We further certify that in regard to matters relating to security and integrity of the
country, we/ any Member of the Consortium or any of our/ their Associates have not been
charge-sheeted by any agency of the Government or convicted by a Court of Law.
13. We further certify that no investigation by a regulatory authority is pending either

against us/ any Member of the Consortium or against our/ their Associates or against our
CEO or any of our directors/ managers/ employees2.
14. We undertake that in case due to any change in facts or circumstances during the
Bidding Process, we are attracted by the provisions of disqualification in terms of the
provisions of this TENDER; we shall intimate the Employer of the same immediately.
15. We hereby irrevocably waive any right or remedy which we may have at any stage at
law or howsoever otherwise arising to challenge or question any decision taken by the
Employer in connection with the selection of Biddders, selection of the Bidder, or in
connection with the selection/ Bidding Process itself, in respect of the above mentioned
Project and the terms and implementation thereof.
16. As required by the Tender, we are submitting herewith the following Attachments
which shall form part of this Letter:
i) Annex-I Details of the Bidder
ii) Annex-II Financial Capacity of the Bidder
2
In case the Applicant is unable to provide the certification specified in para 13, it may precede
the paragraph by the words viz. “Except as specified in Schedule **** hereto”. The exceptions
to certification or any disclosures relating thereto may be clearly stated in a Schedule to be
attached to the Application. The Employer will consider the contents of such Schedule and
determine whether or not the exceptions/disclosures are material to the suitability of the
Applicant for TENDER DOCUMENT hereunder
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iii) Annex-III Details of Eligible Projects
iv) Annex-IV Statement of Legal Capacity
17. The Power of Attorney for signing of Tender and the Power of Attorney for the
Lead Member of Consortium, are also attached herewith in the prescribed format
respectively as per Appendix II and Appendix II.
18. We agree and undertake to abide by all the terms and conditions of the TENDER
DOCUMENT document.
19. {We agree and undertake to be jointly and severally liable for all the obligations of
the Contractor under the EPC Contract.}3
IN WITNESS WHEREOF, we submit this Tender under and in accordance with the terms of
the TENDER documents.
Yours faithfully,
For and on behalf of
…………………………………………….
(Signature, name and designation of the Authorised Signatory)

Name and seal of the Bidder/ Lead Member
Date:
Place:
Note: Paragraphs in square parenthesis may be omitted, if not applicable, or modified as

necessary.
3
Omit if the Applicant is not a Consortium
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Appendix I
Annex-I
ANNEX-I
Details of Bidder
1. (a) Name :
(b) Address of the corporate headquarters

and its branch office(s), in India:
(d) Date of incorporation and/ or

commencement of business :
2. Brief description of the Company including details of its main lines ofbusiness and proposed
role and responsibilities in this Project:
3. Details of individual(s) who will serve as the point of contact/ communication for the
Employer:
(a) Name :
(b) Designation :
(c) Company :
(d) Address:
(e) Telephone No.:…………………… (Mobile)………………….
(f) E-Mail Address :
(g) Fax Number :
4. Particulars of the Authorised Signatory of the Bidder:
(a) Name :
(b) Designation :
(c) Address :
(d) Telephone No…………………..(Mobile)………………………
(e) Fax Number :
5. In case of a Consortium:
(a) The information above (1-4) should be provided for all the Members of
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the Consortium.
(b) A copy of the Jt. Bidding Agreement, as envisaged in Clause 0(g) should
be attached to the Tender.
(c) Information regarding the role of each Member should be provided as

per table below:
Sr. No. Name of the Member Role Share of work in the

Project
(d) The following information shall also be provided for each Member of
the Consortium:
Name of Bidder/ member of Consortium:
Sl.
Criteria Yes No
No.
1 Has the Bidder/ constituent of the Consortium been

barred by the [Central/ State] Government, or any entity
controlled by it, from participating in any project (EPC,
Turnkey, BOT, or otherwise).
2 If the answer to 1 is yes, does the bar subsist as on the
date of Tender
3 Has the Bidder/ constituent of the Consortium paid
liquidated damages of more than 5% of the contract
value in a contract due to delay or has been penalised
due to any other reason in relation to execution of a
contract, in the last three years?
6. A statement by the Bidder and each of the Members of its Consortium (where
applicable) or any of their Associates disclosing material non performance or contractual
non-compliance in past projects, contractual disputes and litigation/ arbitration in the
recent past is given below (Attach extra sheets, if necessary):
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Appendix I
Annex-II
ANNEX-II
Financial Capacity of the Bidder
(Refer to Clauses 2 (A) and 4.2 of the TENDER)
(In Rs. crore$)
Bidder Annual Turnover Average Annual

Turnover £
type $$ Year 1 Year 2 Year 3
(1) (2) (3) (4) (5)
Single entity
Bidder or
Lead
Member of
the
Consortium
TOTAL
Name and address of Bidder’s Bankers:
$ For the purposes of technical evaluation of Bidders, conversion of foreign currency to Indian rupee the
rate prevailing as on due date of submission of TENDER application will be considered.
$$ In case credit is claimed for an Associate, necessary evidence to establish the relationship of the Bidder
with such Associate, in terms of Clause 0, shall be provided.
£ The Bidder should provide details of its own Financial Capacity or of an Associate specified in Clause 0,
Instructions:
1. The Bidder shall attach copies of the balance sheets, financial statements and Annual Reports for
3 (three) years preceding the Tender Due Date. The financial statements shall:
(a) reflect the financial situation of the Bidder and its Associates where the Bidders
relying on its Associate’s financials;
(b) be audited by a statutory auditor;
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(c) be complete, including all notes to the financial statements; and
(d) correspond to accounting periods already completed and audited (no statements for
partial periods shall be requested or accepted).
3. Year 1 will be the latest completed financial year, preceding the bidding. Year 2 shall be the
year immediately preceding Year 1 and so on. In case the Tender Due Date falls within 3
(three) months of the close of the latest financial year, refer to Clause 0.
4. In the case of a Consortium, a copy of the Jt. Bidding Agreement shall be submitted in
accordance with Clause 4.2.5 (g)of the TENDER document.
5. The Bidder shall also provide the name and address of the Bankers to the Bidder.
Appendix I
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Annex-III
ANNEX-III
Details of Eligible Projects

(Refer to Clauses 4.2.2(B)of the TENDER)
Project Ref. No: Individual/Associate:
Item Particulars of the Project

Title and nature of the project
Category
Year-wise (a) payments received for
construction, and/or (b) revenues
appropriated for self-construction under EPC
projects
Entity for which the project was constructed
Location
Project cost
Date of commencement of project/ contract
Date of completion/ commissioning
Whether credit is being taken
for the Eligible Experience of
an Associate (Yes/ No)
Instructions:
1. Separate sheets should be filled for each Eligible Project.
2. In case the Eligible Project relates to an Associate, write “Associate”.
3. Experience for any activity relating to an Eligible Project shall not be claimed twice. In other
words, no double counting in respect of the same experience shall be permitted in any manner
whatsoever.
4. Certificate in original/ notarised from the employer/ owner must be furnished with the
following details:
a) Project name
b) Construction Cost of Project
c) Date of Commencement of construction
d) Date of Completion of construction
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e) Scope of works executed
5. The experience certificate of works executed in private sector/ organisation, shall be
considered for qualification, only on submission of TDS certificate along with work order and
completion certificate
6. It may be noted that in the absence of any detail in the above certificates, the information
would be considered inadequate and could lead to exclusion of the relevant project from
evaluation.
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Appendix-I
Annex-IV
ANNEX-IV
Statement of Legal Capacity
(To be forwarded on the letterhead of the Bidder/ Lead Member of Consortium)
Ref. Date:
To,
CHIEF ENGINEER
MUMBAI PORT TRUST
Port House,
Ballard Estate,
Mumbai - 400 001
Dear Sir,
We hereby confirm that we/ our members in the Consortium (constitution of which has
been described in the Tender) satisfy the terms and conditions laid out in the TENDER
document.
We have agreed that …………………… (insert member’s name) will act as the Lead Member of our
Consortium.*
We have agreed that ………………….. (insert individual’s name) will act as our representative/
will act as the representative of the Consortium on its behalf *and has been duly authorised
to submit the TENDER. Further, the authorised signatory is vested with requisite powers to
furnish such letter and authenticate the same.
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Thanking you,
Yours faithfully
for and on behalf of
……………………………..
(Signature, name and designation

of the authorised signatory)
* Please strike out whichever is not applicable.
Page 168
Appendix-I
Annex-V
ANNEX-V
DELETED
Page 169
Appendix-II
APPENDIX II
[To be executed on non-judicial stamp paper of Rs.100/- in India to be purchased in the name of the
Lead Member of the Consortium]
Power of Attorney for signing the Tender
Know all men by these presents, We (name of the firm and address of the registered office) do
hereby irrevocably constitute, nominate, appoint and authorise Mr/Ms______________(name),
son/daughter/wife of __________________________and presently residing
at____________________, who is presently employed with us/ the Lead Member of our Consortium
and holding the position of_____________, as our true and lawful attorney (hereinafter referred to
as the "Attorney") to do in our name and on our behalf, all such acts, deeds and things as are
necessary or required in connection with or incidental to submission of our Tender for Bid Proposal
and submission of our bid for the “EPC Contract for the Development of Tourism Project at
Kanhoji Angre Island, Mumbai Port which is located in Raigad District. Project proposed or
being developed by Mumbai Port Trust (the "Authority") including but not limited to signing and
submission of all Tenders, bids and other documents and writings, participate in Pre-Tenders and
other conferences and providing information/ responses to the Authority, representing us in all
matters before the Authority, signing and execution of all contracts including the Concession
Agreement and undertakings consequent to acceptance of our bid, and generally dealing with the
Authority in all matters in connection with or relating to or arising out of our bid for the said Project
and/ or upon award thereof to us and/or till the entering into of the Concession Agreement with the
Authority.
AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things lawfully done or caused to be done by our said Attorney pursuant to and in exercise of the
powers conferred by this Power of Attorney and that all acts, deeds and things done by our said
Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have been
done by us.
IN WITNESS WHEREOF WE, ___________________, THE ABOVE NAMED PRINCIPAL HAVE EXECUTED
THIS POWER OF ATTORNEY ON THIS _____DAY OF _______, 20__
For___________________________________
(Signature, name, designation and address)
Witnesses:
1.
2.
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(Notarised)
Accepted
(Signature)
(Name, Title and Address of the Attorney)
Notes:
 The mode of execution of the Power of Attorney should be in accordance with the procedure, if
any, laid down by the applicable law and the charter documents of the executant(s) and when it
is so required, the same should be under common seal affixed in accordance with the required
procedure.
 Wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a board or shareholders' resolution/power of attorney in
favor of the person executing this Power of Attorney for the delegation of power hereunder on
behalf of the Bidder.
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Appendix III
APPENDIX III
Power of Attorney for Lead Member of Consortium
Whereas the Mumbai Port Trust ("the Employer") has invited Tenders from interested parties for the
“Development of Tourism Project at Kanhoji Angre Island, Mumbai Port which is located in
Raigad District on EPC Contract Basis (“Project”).
Whereas,…………………………… , …………………………… and ..............……………… (collectively the "Consortium")

being Members of the Consortium are interested in bidding for the Project in accordance with the terms
and conditions of the Request for Qualification document , Request for Proposals and other connected
documents in respect of the Project, and
Whereas, it is necessary for the Members of the Consortium to designate one of them as the Lead
Member with all necessary power and authority to do for and on behalf of the Consortium, all acts,
deeds and things as may be necessary in connection with the Consortium's bid for the Project and its
execution.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS
We,………………………………………………… having our registered office at…………………………..,M/s

having our registered office at……………………………………….. , M/s having our
registered office at………………………………………., and M/s………………………………………….. having our
registered office at………………………………………………… (here in after collectively referred to as the
"Principals") do hereby irrevocably designate, nominate, constitute, appoint and authorise
M/s…………………………………….. having its registered office at……………………………………..,being one of the
Members of the Consortium, as the Lead Member and true and lawful attorney of the Consortium
(hereinafter referred to as the "Attorney"). We hereby irrevocably authorise the Attorney (with power
to sub-delegate) to conduct all business for and on behalf of the Consortium and any one of us during
the bidding process and, in the event the Consortium is awarded the concession/contract, during the
execution of the Project and in this regard, to do on our behalf and on behalf of the Consortium, all or
any of such acts, deeds or things as are necessary or required or incidental to the Bid Proposal of the
Consortium and submission of its bid for the Project, including but not limited to signing and submission
of all Tenders, bids and other documents and writings, participate in bidders and other conferences,
respond to queries, submit information/ documents, sign and execute contracts and undertakings
consequent to acceptance of the bid of the Consortium and generally to represent the Consortium in all
its dealings with the Authority, and/ or any other Government Agency or any person, in all matters in
connection with or relating to or arising out of the Consortium's bid for the Project and/ or upon award
thereof till the Concession Agreement is entered into with the Authority.
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AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things done or
caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power of
Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers hereby
conferred shall and shall always be deemed to have been done by us/ Consortium.
IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED

THIS POWER OF ATTORNEY ON THIS .............................................. DAY OF ................... , 20.........
For…………………………….. [To be executed by all the Members of Consortium]
(Signature)
(Name and Title)
For………………………………
(Signature)
(Name and Title)
For…………………………………
(Signature)
(Name and Title)
Witnesses:
1.
2.
Notes:
■ The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal affixed in
accordance with the required procedure.
■ Also, wherever required, the Bidder should submit for verification the extract of the
charter documents and documents such as a board or shareholders' resolution/ power of
attorney in favour of the person executing this Power of Attorney for the delegation of
power hereunder on behalf of the Bidder.
■ For a Power of Attorney executed and issued overseas, the document will also have to be
legalised by the Indian Embassy and notarised in the jurisdiction where the Power of
Attorney is being issued.
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Appendix IV
APPENDIX IV
Joint Bidding Agreement
THIS JOINT BIDDING AGREEMENT is entered into on this the ……day of ………… 2018.
AMONGST
1. ………… {company name} and having its registered office at ………… (hereinafter referred to as
the “First Party” which expression shall, unless repugnant to the context include its successors
and permitted assigns)
AND
2. ………… { company name} and having its registered office at ………… (hereinafter referred to as
the “Second Party” which expression shall, unless repugnant to the context include its
successors and permitted assigns)
AND
3. ………… {Company Name and having its registered office at ………… (hereinafter referred to as
the “Third Party” which expression shall, unless repugnant to the context include its
successors and permitted assigns)}
The above mentioned First Party, Second Party and Third Party are collectively referred to as the
“Parties” and each is individually referred to as a “Party”
WHEREAS,
(A) The Board of Trustees of the Port of Mumbai having its offices at Port house, S.V.marg,
Mumbai400001, (hereinafter referred to as the “Employer” which expression shall, unless
repugnant to the context or meaning thereof, include its administrators, successors and
assigns) has invited Tenders (“Tenders”) by its Request for Proposal
Ref…………………dated………………….(“TENDER”) for Qualification Requirement (QR) and
Commercial & Price Bid for the Development of Tourism Project at Kanhoji Angre
Island, Mumbai Port which is located in Raigad District on EPC Contract Basis
(“Project”).
_______________________
* Amend as required
(B) The Parties are interested in jointly bidding for the Project as Parties of a Consortium and in
accordance with the terms and conditions of the TENDER document and other bid documents in
respect of the Project, and
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(C) It is a necessary condition under the TENDER document that the Members of the Consortium shall
enter into a Joint Bidding Agreement and furnish a notarised copy thereof with the Tender.
NOW IT IS HEREBY AGREED AS FOLLOWS:
1. Definitions and Interpretations

In this Agreement, the Capitalised Terms shall, unless the context otherwise requires, have
the meaning ascribed thereto under the TENDER DOCUMENT .
2. Consortium
2.1. The Parties do hereby irrevocably constitute a consortium ("Consortium") for the purposes
of jointly participating in the Qualification Requirement (“QR”) under the TENDER
DOCUMENT and, subject to meeting such QR, in the subsequent process of Commercial &
Price bidding (collectively “Bidding Process”) for the Project. This Agreement and the
cooperation between the Parties hereunder for this Project shall be deemed to be exclusive.
2.2. The Parties hereby undertake to participate in the Bidding Process only through this
Consortium and not individually and/or through any other consortium or any other entity
constituted for this Project, either directly or indirectly or through any of their Associates.
2.3 Subject to the Consortium meeting the QR and it being selected as the successful Bidder in its
Commercial & Price bidding for the Project pursuant to the TENDER issued by the Employer,
the Parties hereto shall, prior to issue of NoA to the Consortium by the Employer, enter into a
detailed Consortium Agreement wherein the roles and responsibilities of each of the Parties
shall be clearly defined. Such Agreement shall inter alia cover contractual rights, liabilities and
obligations of the Parties to the Employer and the Parties inter se in line with the Modified
General Conditions of the Contract and Conditions of Particular Application to this Project
issued by the Employer along with this TENDER. The Parties agree to submit a notarised copy
of such Agreement for approval of the Employer and carry out necessary amendments
thereto if and when reasonably requested to do so by the Employer. A notarised copy of this
Agreement shall be filed with the Employer by the Consortium
2.4 Each of the Parties has, through all corporate actions and duly signed by its authorised
representative, issued requisite legally binding Power of Attorney to the Lead Member:
i) To submit necessary Tender for (i) Qualification Requirement (QR) and (ii)
Commercial & Price Bid for the Project in response to the TENDER issued by the
Employer;
ii) In the event the Parties to the Consortium are qualified and selected as the
successful Bidder for Project pursuant to the said TENDER, to cause all the Parties to
sign the EPC Contract for the Project;
iii) Following conclusion of such EPC Contract, to be responsible to the Employer on
behalf of the Parties for timely execution and completion of the Project, to receive
payments from the Employer on behalf of the Parties for their respective scope of
work and to incur any and all liabilities on their behalf; and
v) To submit notarised copies of (i) Power Attorney issued to the Authorised Signatory
for signing the Bid as per format given in Appendix II, (ii) Power of Attorney issued to
the Lead Member of Consortium by all the Members of Consortium as per format
given in Appendix III; and (iii) a copy of this Joint Bidding Agreement as part ofTender
to be submitted by the Consortium in response to TENDER.
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3. Covenants
3.1 One of the Parties to Consortium has purchased/downloaded the relevant TENDER
documents and all the Addendum thereto, obtained necessary clarifications and found them
to be adequate for the intended purpose.
3.2 The Parties agree to co-operate and support each other and hereby undertake to submit
necessary technical, financial and project execution and completion data and documentation
and also comply fully with the technical, financial and project execution experience and other
requirements as prescribed under the TENDER.
3.3 The Parties to this Consortium hereby agree to participate in the QR and Commercial & Price
Bidding for the Project pursuant to the TENDER issued to the Consortium by the Employer.
3.4 The Parties hereby confirm that there shall be no change in the structure of this Consortium
or any substantial change in the shareholding pattern of the Parties constituting this
Consortium without the written consent from the Employer, as the case may be, both during
the Bidding against the TENDER and hereafter, if qualified and selected as the successful
Bidder for the Project, during the entire period of execution and completion of the Project.
3.5 None of the Parties hereto shall assign or transfer any of their rights or obligations under this
Agreement without the prior written consent of the other Parties and the Employer.
4. Joint & Several Liability and Indemnity

4.1 The Parties do hereby undertake to be jointly and severally responsible for all the obligations
and liabilities relating to the Project in accordance with the terms & conditions of this TENDER
and, subject to award of EPC Contract for the Project on the Parties to the Consortium, for
successful execution and completion of the Project in terms of the said EPC Contract.
4.2 The Parties hereto also undertake and agree that, notwithstanding division and allotment of
the scope of work and responsibilities for the Project between the Parties, each of the
Parties shall be jointly and severally liable for the performance or non-performance or any
and all defaults in the performance of the scope of work of all the other Parties in addition
to its own scope of work and responsibility for the Project and shall be liable for satisfactory
execution and completion of the entire Contract despite such division and allotment of
scope of work and responsibilities.
4.3 The Parties hereby agree to jointly and severally indemnity and hold the Employer harmless
against any loss, cost and damage which may be incurred or sustained by the Employer as a
consequence of any performance, non-performance or any default in the performance of
scope of work and responsibilities for the Project by any or all of the Parties hereto.
5. Roles & Responsibilities of the Parties

The Parties hereby undertake to perform the roles and responsibilities as described below:
5.1 One of the Parties, which has successfully completed work at least for one Similar Project, or the
Party on whose experience pre-qualification is sought by the Parties pursuant to the TENDER,
shall be nominated as Lead Member of the Consortium (“Consortium Leader”)and has been
authorised by all the Parties to represent them and to act for, receive instructions, incur liabilities,
receive payments and discharge obligations on behalf of the Consortium.
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5.2 All communications between the Employer and the Consortium shall be addressed to and
routed through the Consortium Leader who shall be the sole point of contact between the
Employer and the Parties regarding the TENDER both during QR and subsequently during
Commercial & Price bidding process under the TENDER.
5.3 The Parties have agreed to establish a Management Committee (“Committee”) with equal
representation from all the Parties for expeditious and effective management of all the affairs
of the Consortium
6. Representations & Warranties
6.1 Each of the Parties hereto represents and warrants to the other Parties and the Employer, as
of the date of this Agreement, that -
a) Such Party is duly organised, validly existing and in good standing under the laws of its
incorporation and has all requisite power and authority to enter into this Agreement;
b) The execution, delivery and performance by such Party of this Agreement has been
authorised by all necessary and appropriate corporate or governmental action and a certified
copy of board resolution/power of attorney in favour of the person executing this Agreement
for the delegation of power and authority to execute this Agreement on behalf of the
Consortium of Parties is annexed to this Agreement, and will not, to the best of its
knowledge:
(i) require any consent or approval not already obtained;
(ii) violate any Applicable Law presently in effect and having applicability to it;
(iii) violate the Memorandum & Articles of Association, by-laws or other applicable
organisational documents thereof;
(iv) violate any clearance, permit, concession, grant, license or other governmental
authorisation, approval, judgement, order or decree or any mortgage agreement,
indenture or any other instrument to which such Party is a party or by which such
Party or any of its properties or assets are bound or that is otherwise applicable to
such Party; or
(v) create or impose any liens, mortgages, pledges, claims, security interests, charges or
Encumbrances or obligations to create a lien, charge, pledge, security interest,
encumbrances or mortgage in or on the property of such Party, except for
encumbrances that would not, individually or in the aggregate, have a material
adverse effect on the financial condition or prospects or business of such Party so as
to prevent such Party from fulfilling its obligations under this Agreement;
c) This Agreement is the legal and binding obligation of such Party, enforceable in accordance
with its terms against it; and
d) There is no litigation pending or, to the best of such Party's knowledge, threatened to which
it or any of its Affiliates is a party that presently affects or which would have a material
adverse effect on the financial condition or prospects or business of such Party in the
fulfilment of its obligations under this Agreement.
7. Term & Termination
7.1 This Agreement shall be effective from the date hereof and shall continue in full force and
effect until the earlier of the following events –
Page 177
i) The Parties’ Tender for QR and Commercial & Price Bid against the TENDER has not
been successful; or
ii) Upon meeting the QR of the Parties, the Commercial & Price Bid by the Parties has
not been successful and the NoA and Contract for the Project has been awarded to
another party, or
iii) Upon issue of NoA and award of the Contract for the Project, the Project has been
successfully executed and completed by the Parties or the Contract for the Project
has been terminated; all payments due under the Contract have been received and
liabilities between the Parties inter se, the Employer and third parties have been
satisfactorily discharged or waived.
iv) The Parties agree to terminate this Agreement with the prior written approval of the
Employer
7.2 However, notwithstanding any such termination, the obligations already incurred by any of
the Parties prior to such termination and those other obligations, which by their very nature
are meant to continue, shall survive any such termination.
8. Miscellaneous
8.1. This Agreement shall be governed by laws of India..
8.2. The Parties acknowledge and accept that this Agreement shall not be amended by the Parties
without the prior written consent of the Employer.
IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND DELIVERED THIS
AGREEMENT AS OF THE DATE, MONTH AND YEAR FIRST ABOVE WRITTEN.
(1) for and on behalf of FIRST PARTY or LEAD MEMBER WITNESSES:
By ____________________________________ 1. ______________________
Name:
Title:
(2) for and on behalf ofSECOND PARTY by:
By:__________________________________ 2. ___________________
Name:
Title:
(3) for and on behalf ofTHIRD PARTY by:
Page 178
By:____________________________ 3. ____________________
Name:
Title:
Notes:
1. In respect of a Power of Attorney executed and issue in India, it shall be accompanied by a copy
of the Board Resolution to issue of such power of attorney in favour of the person executing
this Agreement, for the delegation of power and authority to execute this Agreement on
behalf of the Party to the Consortium
2. In respect of a Power of Attorney executed and issued overseas, it shall be legalised by the
Indian Embassy and notarised in the jurisdiction where the Power of Attorney has been
executed and issued.
Page 179
Appendix-V
APPENDIX V
PROFORMA OF IRREVOCABLE BANK GUARATNEE TOWARDS

BID SECURITY
Bank Guarantee No……………………………. Dated………………………………

Amount of Guarantee Rs. …………………………….
Guarantee Cover Period from ……………………to ………………………
THIS DEED OF GUARANTEE executed at……………..by ………………………….(Nameof Bank) having its

Head/Registered Office at ______________ ______ and Branch at ..…….……………………………………………..
(hereinafter called “the Bank or the Guarantor”) which expression shall, unless it be repugnant to the
subject or context thereof, include its executors, administrators, successors and assigns;
In favour of
The Board of Trustees of the Port of Mumbai (hereinafter called “the Employer”), having its offices at
Port house, S.V.Marg, Mumbai 400001, India, which expression shall, unless it be repugnant to the
subject or context thereof, include its executors, administrators, successors and assigns;
WHEREAS M/s………………………………………a Company registered under the provisions of ……………. (state

the law) having its registered office and principal place of business at
……………………………………………….(hereinafter called “the Bidder”, which expression shall, unless it be
repugnant to the subject or context thereof include its executors administrators, successors and
assigns) has tendered for Development of Tourism Project at Kanhoji Angre Island, Mumbai Port on
EPC basis (hereinafter called the “Works”) at Kanhoji Angre Island, Mumbai Port in the State of
Maharashtra in India; and
WHEREAS in terms of the TENDER DOCUMENT Ref. No………………dated……………………hereinafter

referred to as “TENDER Document”) the Bidder is required to furnish to the Employer an
unconditional and irrevocable Bank Guarantee for an amount of Rs. ………………………(Rupees
………………………………………… only) as Bid Bond and the Guarantor has at the request of the Bidder
agreed to provide such Bind Bond in the form of this Bank Guarantee.
NOW THIS DEED WITNESSETH that in consideration of the premises, the Guarantor hereby declares,
undertakes and agree as follows:
a) The Guarantor as primary obligor shall, without demur, pay to the Port Trust an amount not
exceeding Rs. ……………. (Rupees …………………………….. only), within 5 (five) days of receipt of a
written demand from the Employer stating that the Bid Bond has been forfeited in terms of
the TENDER Document. Any such demand made on us by the Employer shall be conclusive
and absolute as regards the forfeiture of the Bid Bond and the amount due and payable
under this Guarantee.
Page 180
b) The above payment shall be made by the Guarantor without any reference to the Bidder or
any other person and irrespective of whether the claim of the Employer is disputed by the
Bidder or not.
c) This Guarantee shall remain in full force (It shall be valid upto Forty Five (45) days after the date
of expiry of the period of tender validity), and any demand in respect thereof should reach
our ____________ branch situated in Mumbai limits for encashment not later than the date
of expiry of this guarantee and shall continue to be enforceable until the amount demanded
by the Employer under this Guarantee are paid.
d) In order to give full effect to this Guarantee, the Employer shall be entitled to treat the
Guarantor as the principal debtor and the obligations of the Guarantor shall not be affected
by any variations in the terms and conditions of the TENDER Documents or other documents
or by extension of time of performance of any obligations by the Bidder or any
postponement for any time of the powers exercisable by the Employer against the Bidder or
forebear or enforce any of the terms and conditions relating to non-compliance of the
TENDER Document by the Bidder and we shall not be relieved from our obligations by
reason of any variation or extension being granted to the Bidder or forbearance or omission
on the part of the Employer or any indulgence by the Employer to the Bidder to give such
matter or thing whatsoever which under the law relating to sureties would but for this
provision have effect of so relieving the Guarantor.
e) This Guarantee shall be unconditional and irrevocable and shall remain in full force and
effect until all our obligations under this Guarantee are duly discharged.
f) The Guarantor has power to issue this Guarantee and the undersigned is duly authorised to
execute this Guarantee pursuant to the powers granted to him or her.
IN WITNESS WHEREOF the Guarantor has set its hands hereunto on the day, month and year first
hereinabove written.
Signed and Delivered by the aforesaid Guarantor )

Bank by the hand of the Authorised Signatory )
Mr./Ms………………………………….[name] )
…………………………………………..[designation]) _____________________________
Bank’s
Seal
___________________
* Fill in the scheduled date of submission of Bid
Page 181
Appendix VI
APPENDIX VI
@
PARENT COMPANY GUARANTEE
THIS PARENT COMPANY GUARANTEE is executed at………………….(place) on this………..day of
…………..2015 by …………………………………………………… , a Company incorporated as per the laws
of…………(country) having its registered office and principal place of business at
…………………………………………………..(complete address) (hereinafter referred to as the “Principal” or the
“Guarantor” (as the case may be) which expression shall, unless it be contrary or repugnant to the
context or the meaning thereof, include its legal representatives, successors and permitted assigns)
In favour of
The Board of Trustees of the Port of Mumbai having its offices at Port house, S.V.Marg, Mumbai
400001, India, (hereinafter referred to as the “Employer” which expression shall, unless it be
contrary or repugnant to the context or the meaning thereof, include its successors and assigns).
WHEREAS the Employer invited TENDER Ref. No………….. dated …………………. For Development of
Tourism Project at Kanhoji Angre Island, Mumbai Port on EPC basis and remedying defects therein
(hereinafter referred to as the “Works”) on EPC/Turnkey basis in terms of the said TENDER
DOCUMENT ;
WHEREAS …………………………………………………. a Company incorporated as per the laws of
………………………(country) having its registered office at ……………………………………………………………. (complete
address), a Subsidiary/Associate (cancel as appropriate) of the Principal (hereinafter referred to as the
“Company”) has, in consortium with ………………………………………………………. a Company registered in
India under the Companies Act, 1956 (CIN…………………..) having its registered office at
……………………………………………….. {complete address) (hereinafter collectively referred to as the “Bidder” or
the “Contractor” (as the case may be) have submitted their Tender
Ref………………………….dated…………………(hereinafter referred to as the “said Offer) in response to the
said TENDER DOCUMENT ; and
WHEREAS, after careful consideration and evaluation of the Tender/s received against the said
TENDER DOCUMENT , the Employer has chosen to accept the said Offer of the Bidder, as amended
by the Bidder or deemed to have been amended by the Bidder subsequently during the bid opening
and evaluation, and issue a Letter of Award to the Bidder (hereinafter referred to as the “LoA”).
NOW, In consideration of the Employer agreeing to issue the LoA to the Bidder and subsequently
entering into a Contract with the Contractor for execution and completion of the Works on
EPC/Turnkey basis according to the terms & and conditions of the said TENDER DOCUMENT
(hereinafter referred to as the “Contract”), the Guarantor does hereby absolutely, unconditionally,
and irrevocably guarantee, as a primary obligor, full, complete and punctual performance of the
Works and all obligations of the Contractor under the Contract, the Contract Specifications, the
Project Schedule, and all Change Orders for variation to the Works issued there under and
amendments thereof which may subsequently be issued by the Employer to the Contractor.
The Guarantor hereby further guarantees and undertakes as follows:
Page 182
1. Should the Contractor fail to perform the Works or any part thereof or any of the
obligations under the Contract fully or partly, the Guarantor undertakes to and shall perform
such Works or any part thereof or such obligations fully or partly, or arrange performance
thereof, in accordance with the terms & conditions of the Contract.
2. If Guarantor fails at any time to perform or cause to be performed within a reasonable
period any of the Works or obligations under this Guarantee after receipt of written demand
from the Employer, the Employer may, without the need to give further notice to the
Guarantor, itself perform, or have others perform such Works or such obligations.
3. The Guarantor shall indemnify and hold harmless the Employer from and against any and all
losses, damages, costs and expenses which may be incurred by the Employer by reason of or
in connection with any such failure by the Guarantor, including without limitation, any and all
costs incurred by the Employer in performing or arranging for the performance of any of
such Works or obligations.
4. The Employer shall not be required to proceed first or at all against Contractor or any other
person before enforcing any of the terms & conditions of this Guarantee.
5. To the extent that the Contractor’s failure to perform any of the Works or its obligations
wholly or partly under the Contract gives rise to monetary damages, the Guarantor shall
promptly reimburse the Employer for such damages, including, without limitation, all sums
due or to become due and reasonable attorney’s fees or expenses which may be paid,
suffered, or incurred by the Employer in enforcing this Guarantee and in endeavouring to
collect said sums (or any part thereof), without requiring the prosecution of the claim against
the Guarantor.
6. The Guarantor hereby agrees to indemnify and hold harmless the Employer from and against
all costs of obtaining performance from the Contractor or the Guarantor which arise out of
or in connection with any failure or non-performance by the Contractor or the Guarantor.
However, any provisions of the Contract which limit the liability of the Contractor under the
Contract shall similarly limit the liabilities attaching to the Guarantor under this Guarantee,
without prejudice to any other liabilities which may attach to the Guarantor in any other
capacity.
7. Notwithstanding that the provisions of this Guarantee sets forth obligations of the Guarantor
to compensate and indemnify the Employer such damages, costs and expenses incurred by
the Employer in the foregoing paras, the Employer shall not make any claim for such
damages, costs and expenses and the Guarantor shall not be obligated to compensate the
Employer in a manner or in amounts that would result in the Employer recovering duplicate
payments for the same claim. The Employer shall only be entitled to claim such damages,
costs or expenses from the Guarantor which are not already paid for or remaining
outstanding from or on account of Contractor and the Guarantor shall not be obligated to
make any duplicate payments towards any such damages, costs and expenses.
8. Notwithstanding any termination of the Contract, this Guarantee shall continue to bind
Guarantor and shall remain in full force and effect until all pre-termination and post-
termination obligations of Contractor under the Contract have been performed.. No delays
on the part of Employer in the exercise of any right or remedy shall operate as a waiver
thereof, and no single or partial exercise by Employer of any right or remedy shall preclude
other or further exercise thereof or the exercise of any other right or remedy. No actions of
the Employer permitted hereunder shall in any way impair or affect this Guarantee.
Page 183
9. This Guarantee shall be binding upon Guarantor and its legal representatives, successors, and
permitted assigns and shall be for the benefit of the Employer, its successors, and assigns.
10. If more than one party shall execute this Guarantee as Guarantor, Co-Guarantor or in any
other capacity, the term “Guarantor” shall mean all such parties executing this Guarantee
and all such parties shall be jointly, severally and unconditionally obligated hereunder.
11. This Guarantee shall be enforceable in, and construed in accordance with the laws of India
and only Courts of competent jurisdiction at Mumbai in India shall have jurisdiction on all
matters covered under this Guarantee. The Guarantor hereby willingly agrees and does
submit to the jurisdiction of the said Courts in India.
IN WITNESS WHEREOF, the Guarantor and the Company have executed this Guarantee by their duly
authorised signatories as of the date, month and year hereinabove written.
for & on behalf of the Guarantor ATTEST:

………………………………………………(name)
By _____________________________ 1._______________________
Name:
Title: 2._______________________
for & on behalf of the Company ATTEST:

…………………………………………….(name)
By____________________________ 1.______________________
Name:
Title: 2.______________________
@ Notes:
1. This Guarantee shall be accompanied by a certified copy of the Board Resolution of the Guarantor and
the Company authorising the Executants to issue and execute such Guarantee.
2. In respect of Guarantee executed and issued out of India, it shall be notarised in the jurisdiction where
such Guarantee has been issued and executed and shall subsequently be legalised by the Indian
Embassy/Consulate or the Indian High Commission, as the case may be.
Page 184
Appendix VII
Annex-I
ANNEX-I
SCHEDULE OF PAYMENTS ON MILESTONE COMPLETION
Note:
Since the tender is being invited on EPC basis on Item Rate Basis, the successful bidder
has to submit detailed design and drawing for the region wise works specified, for the
approval of MbPT. The indicated quantities and areas specified for the works in the
Schedule of Quantities and Rates has to be considered in their detailed plan and
design. Only on the basis of this the bidder should submit their offers.
Dated………..day of……….2018 Signature of Bidder

With Stamp
Page 185
Appendix-VIII
APPENDIX VIII
Format for Performance Bank Guarantee
(To be executed on Rs.100/- non-judicial Stamp Paper)

Guarantee Cover Period from ……………………to ……………………… * plus 60 days claim period for claim
arising during the Guarantee Cover Period.

Head/Registered Office at………………………….. and Branch at ..…….……………………………………………..
(hereinafter called “the Bank or the Guarantor”) which expression shall, unless it be repugnant to
the subject or context thereof, include its executors, administrators, successors and assigns;
In favour 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 Employer” which
expression shall unless excluded by or repugnant to the context or meaning thereof be deemed to
include the Board of Trustees of the MumbaiPort Trust, its successors and assigns).
WHEREAS the Employer invited TENDER DOCUMENT Ref. …………………………. dated…………………. for
Qualification Requirement (QR) and Commercial & Price Bid for the Development of Tourism Project
at Kanhoji Angre Island, Mumbai Port on EPC basis together with associated facilities (hereinafter
called the “Works”) at Kanhoji Angre Island, Mumbai Port (“Project”);
WHEREAS M/s………………………………………a Company registered under the provisions of …………….

(state the law) having its registered office and principal place of business at
……………………………………………….(hereinafter called “the Contractor” , which expression shall, unless it
be repugnant to the subject or context thereof include its executors administrators, successors and
assigns) has submitted its Tender for QR and Commercial & Price Bid for construction of the Works
against the said TENDER DOCUMENT ;
WHEREAS Employer has selected the Contractor for award of Contract for the Project and issued
Notice of Acceptance (of Tender) (“NoA”) Ref. No……………………..dated………………………. to the
Contractor and agreed to enter into an EPC Contract with the Contractor according to the
Conditions of the said Contract for an aggregate Contract Price of
Rs………………..(Rupees……………………….only) (“Contract”); and
1. IN CONSIDERATION of the Employer having issued the said NoA and agreeing to enter into
the said EPC Contract with the Contractor, the Guarantor has, at the request of the Contractor, do
hereby agrees and undertake to pay to the Employer 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 Employer by reason of
any breach by the Contractors of any of the Contract Conditions of the said Contract.
Page 186
2. The Guarantor hereby undertakes to pay the amounts due and payable under this
Guarantee without any demur merely on a demand from the Employer stating that the amount
claimed by the Employer in one or more instalments is due by way of loss or damage caused to or
which would be caused to or suffered by the Employer by reason of any failure of the Contractor to
carry out or complete the Contract or any breach by the Contractor of any of the Conditions of the
said Contract or by reason of the Contractor’s failure to perform the said Contract. Any such demand
made on the Bank in such one or more instalments shall be conclusive as regards the amount due
and payable by the Bank under this Guarantee. However, our aggregate liability under this Guarantee
shall be restricted to an amount not exceeding Rs………………. (Rupees …………………………………..) only.
3. The Guarantor hereby undertakes to pay to the Employer any such money so demanded by
the Employer notwithstanding any dispute or disputes raised by the Contractor 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 Guarantee shall be a valid
discharge of our liability for payment there under and the Contractor shall have no claim against us
for having made any such payment under this Guarantee.
4. The Guarantor further agrees with the Employer 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 (“Contract Period”)plus a claim period of 60 (sixty) days for the Employer to make any such
demand which arose during the said Contract Period and that it shall continue to be enforceable
until all the demands made by the Employer by virtue of the said Contract under this Guarantee
have been fully paid or discharged.
5. The Guarantor further agrees that, from time to time, the Employer is entitled, by written
notice to the Bank and the Contractor, to seek extension of this Guarantee for such period as may be
found necessary by the Employer for the Contractor to meet its obligations under the Contract. The
Guarantor shall, upon receipt of such notice and with the consent and at the cost of the Contractor,
be obligated to extend and renew this Guarantee required as such by the Employer.
6. The Guarantor further agrees with the Employer that the Employer shall have the fullest
liberty without our consent and without affecting in any manner our obligations hereunder to vary
any of the 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 Contractor from time to time, or to postpone for
any time or from time to time any of the powers exercisable by the Employer against the said
Contractor and to forebear or enforce any of the Contract Conditions relating to the said contract
and we shall not be relieved from our liability by reason of any such variation or extensions being
granted to be Contractor or for any forbearance, act or omission on the part of the Employer or any
indulgence shown by the Employer 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 the
Guarantor.
7. This Guarantee will not be discharged due to the change in the constitution of the Bank or
the Contractor.
8. It is also hereby agreed that only competent Courts at Mumbaishall have exclusive
jurisdiction in respect of all matters, including any demands claims, under this Guarantee.
9. Notwithstanding anything contained herein, the Bank’s maximum liability under this
Guarantee shall not exceed in aggregate Rs………………(Rupees …………………………………only) during the
validity plus the claim period of this Guarantee, provided any claim or demand under this Guarantee
is made on the Bank during the validity period this Guarantee or during the claim period for any such
claim or demand arising during such validity period of the Guarantee. This Guarantee is encashable in
Page 187
our branch _________ situated in Mumbai limits till its validity . Thereafter all the liability to make
any such payment under this Guarantee shall stand extinguished.
10. The Guarantor hereby undertakes not to revoke this guarantee during its currency except
with the previous written consent of the Employer.

Mr./Ms………………………………….[name] )
…………………………………………..[designation]) _____________________________
Bank’s
Seal
___________________________
* Date of expiry of the Defect Liability Period under the Contract.
Page 188
Appendix-IX
APPENDIX IX
Proforma Of Bank Guarantee For Advance Payment
(To be executed on Rs.100/- non-judicial Stamp Paper)

Guarantee Cover Period from ……………………to ……………………… * plus 60 days claim period for claim
arising during the Guarantee Cover Period.

Head/Registered Office at………………………….. and Branch at ..…….……………………………………………..
(hereinafter called “the Bank or the Guarantor”) which expression shall, unless it be repugnant to
the subject or context thereof, include its executors, administrators, successors and assigns;
In favour of
The Board of Trustees of the Port Mumbai incorporated by the Major Port Trusts Act, 1963 as
amended by Major Port Trust (Amendment) Act 1974 (hereinafter called “the Employer” 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).
WHEREAS the Employer invited TENDER DOCUMENT Ref. …………………………. dated…………………. for
Qualification Requirement (QR) and Commercial & Price Bid for the Development of Tourism Project
at Kanhoji Angre Island, Mumbai Port on EPC basis together with associated facilities (hereinafter
called the “Works”) at At Kanhoji Angre Island, Mumbai Port (“Project”);
WHEREAS M/s………………………………………a Company registered under the provisions of …………….

(state the law) having its registered office and principal place of business at
……………………………………………….(hereinafter called “the Contractor”, which expression shall, unless it
be repugnant to the subject or context thereof include its executors administrators, successors and
assigns) has submitted its Tender for QR and Commercial & Price Bid for construction of the Works
against the said TENDER DOCUMENT ;
WHEREAS Employer has selected the Contractor for award of Contract for the Project and issued
Notification of Acceptance (of Tender) (“NoA”) Ref. No……………………..dated………………………. to the
Contractor and agreed to enter into an EPC Contract with the Contractor according to the
Conditions of the said Contract for an aggregate Contract Price of
Rs………………..(Rupees……………………….only) (“Contract”); and
Page 189
WHEREAS according to the Conditions of Contract, the Contractor is required to furnish a Bank
Guarantee to the Employer for the amount of Advance Payment to be released by the Employer
under the Contract Conditions amounting to Rs………………….(Rupees………………………….only) which
shall be subject to recovery by the Employer from the running bills of the Contractor on pro-rata
basis according to the Contract Conditions, with interest @……….% per annum, calculated from the
date of such Advance Payment until the date of recovery,
1. In consideration of the Employer having agreed to make such interest bearing Advance
Payment of Rs………………… (Rupees …………………………only), the Guarantor Bank does hereby undertake
to pay to the Employer an amount in one or more installments as demanded by the Employer but not
exceeding Rs……………(Rupees……………..only) interest @……….% per annum, calculated from the date
of such Advance Payment until the date of payment by the Guarantor against any loss or damage
caused to or would be caused to or suffered by the Employer by reason of any failure of the Contractor
to carry out or complete the Contract or any breach by the said Contractor of any of Contract
Conditions contained in the said Contract which make it impossible or difficult to recover such
Advance Payment from the Contractor.
2. The Guarantor hereby undertakes to pay the said amount of Advance Payment guaranteed
hereunder with interest as above without any demur, merely on written demand from the Employer.
Any such demand made on the Bank shall be conclusive not only as regards to contractor’s failure but
also as regards the amount due and payable by the Bank under this guarantee. However, our liability
under this guarantee will be restricted to an amount of Rs…………….(Rupees……………………. only) with
interest as above.
3. The Guarantor further agrees that this Guarantee herein contained will remain in full force
and effect during the period that would be taken for the recovery of the said Advance Payment
together with interest as above. This Guarantee shall continue to be valid and enforceable until all
the amount of Advance Payment together with interest thereon have been fully recovered and the
Employer’s claims in this regard are fully satisfied or discharged, or until such time that the Employer
certifies that the amount outstanding to be recovered against the said Advance Payment together
with interest thereon as above has been fully recovered from the Contractor and accordingly this
Guarantee stands discharged. The Guarantee herein contained shall remain in full force and effect
during the period that would be necessary for pro-rata recovery of the whole of the said Advance
Payment together with interest thereon Employer from the running bills of the Contractor on pro-
rata basis according to the Contract Conditions (“Recovery Period”)plus a claim period of 60 (sixty)
days for the Employer to make any such demand which arose during the said Recovery Period. This
Guarantee shall continue to be enforceable until all the demands made by the Employer under this
Guarantee have been fully paid or discharged. Any demand or claim under this Guarantee shall be
made on the Guarantor Bank in writing during such validity period and claim period.
4. Upon pro rata recovery of such Advance Payment together with interest thereon as above
either from the running bills of the Contractor according to the Contract Conditions or upon demand or
claim by the Employer on the Guarantor Bank pursuant to Clause 2 hereinabove, the amount of this
Guarantee shall progressively stand reduced proportionately.
5. The Guarantor further agrees with the Employer that the Employer shall have the fullest
liberty without or consent and without affecting in any manner or obligation hereunder to vary any of
the terms and conditions regarding the recovery or repayment and that the Guarantor shall not
relieved from its liability by reason of any such variation or extension being granted to the said
Contractor or any forbearance, act or omission on the part of the Employer or any indulgence by the
Employer to the Contractor or in such matter or things whatsoever which under the law relating to
sureties would but for this provision have the effect of so relieving the Guarantor.
Page 190
6. This Guarantee will not be discharged due to the change in the constitution of the Bank or
the Contractor.
7. It is also hereby agreed that only competent Courts at Mumbai, India shall have exclusive
jurisdiction in respect of all matters, including any demands claims, under this Guarantee.
8. Notwithstanding anything contained herein, the Bank’s maximum liability under this
Guarantee shall not exceed in aggregate Rs………………(Rupees …………………………………only) during the
validity plus the claim period of this Guarantee, provided any claim or demand under this Guarantee
is made on the Bank during the validity period this Guarantee or during the claim period for any such
claim or demand arising during such validity period of the Guarantee. This Guarantee is encashable in
our branch _________ situated in Mumbai limits till its validity . Thereafter all the liability to make
any such payment under this Guarantee shall stand extinguished.
9. The Guarantor hereby undertakes not to revoke this guarantee during its currency except
with the previous written consent of the Employer.

Mr./Ms………………………………….[name] )
…………………………………………..[designation]) _____________________________
Bank’s
Seal
______________________
* * Date of expiry of the Defect Liability Period under the Contract
Page 191
Appendix X
APPENDIX – X
DELETED
Page 192
Appendix XI
APPENDIX – XI
PROFORMA OF UNDERTAKING THAT NO CHANGES HAVE BEEN MADE IN THE TENDER

DOCUMENTS DOWNLOADED BY THE BIDDER OR ISSUED TO THE BIDDER BY THE EMPLOYER
To
CHIEF ENGINEER
MUMBAI PORT TRUST
Port House,
Ballard Estate,
Mumbai - 400 001.
Dear Sir
Sub: Tender No. CE. KALH/EPC/2018

TENDER DOCUMENT Ref. …………………..dated………………………..for Development of Tourism
Project at Kanhoji Angre Island, Mumbai Port on EPC Contract Basis(“Project”)
We……………………………………………………………. ……………. * do hereby confirm that no changes have been

made by us in the Tender Document downloaded by us or the one issued to us by the Employer and
that the same has been submitted by us unchanged.
Yours faithfully
for……………………
By__________________(signature)
Name & Designation :
__________________________
* Name of the Bidder
Page 193
Appendix XII
APPENDIX XII
PROFORMA OF UNDERTAKING THAT PART II – COMMERCIAL & PRICE BID UNDER

ENVELOPE-II IS UNCONDITIONAL
To
Chief Engineer
Mumbai Port Trust
Port House,
Ballard Estate,
Mumbai - 400 001.
Dear Sir
We ………………………………………………………………………………..do hereby confirm that Part II of the TENDER
DOCUMENT comprising the Commercial & Price Bid of the Tender submitted by us in Cover 2 against
the above TENDER DOCUMENT is unconditional.
Yours faithfully
for……………………
By__________________(signature)
__________________________
Page 194
Appendix XIII
APPENDIX - XIII
PROFORMA OF UNDERTAKING THAT NO ILLEGAL METHODS HAVE BEEN USED TO

INFLUENCE THE BID PROCESS
To
CHIEF ENGINEER
MUMBAI PORT TRUST
Port House,
Ballard Estate,
Mumbai - 400 001.
Dear Sir,

We ……………………………………………………………………………... * do hereby undertake that we have not

made any payment or illegal gratification to any person/authority connected with the above TENDER
DOCUMENT so as to influence the bid process and have not committed any offence under the Indian
Penal Code in connection with the bid.
Yours faithfully
for……………………
By__________________(signature)
__________________________
Page 195
Appendix XIV
APPENDIX – XIV
PROFORMA OF DISCLOSURE OF PAYMENT MADE/PROPOSED TO BE MADE TO THE

INTERMEDIARIES IN CONNECTION WITH THE TENDER
To
CHIEF ENGINEER
MUMBAI PORT TRUST
Port House,
Ballard Estate,
Mumbai - 400 001.
Dear Sir
Project at Kanhoji Angre Island, Mumbai Port on EPC Contract Basis (“Project”)
We ……………………………………………………………………………………..* have made / proposed to make the

following payments in connection with the above TENDER DOCUMENT as under:
1. _____________________ to Mr./Ms./Messrs_________________(Name and Address)
Yours faithfully
for……………………
By__________________(signature)
__________________________

Note :In case no payment is made or proposed to be made a ‘Nil’ statement shall be enclosed
Page 196
Appendix XV
APPENDIX – XV
DELETED
Page 197
PART -I - SCHEDULES
SCHEDULE 1
COMPOSITION OF BIDDER’S ORGANISATION
The Bidder shall give below details of the organisation structure of the Bidder. These shall include
but not be limited to the name and address of the entity Country of incorporation of the entity, its
capital structure, nationality of Owners holding substantial part of the capital, names of Directors,
Partners as the case may be, together with their qualifications and experience and particulars of
key managerial personnel.
1. Name of firm
2. Head office address
3. Details of Key Personnel: Telephone: Telephone:
4. Fax: E-Mail:
5. Place of incorporation / registration Year of incorporation / registration
6. Size: Registered Capital:

(in INR or Equivalent US Dollars)
Nationality of Owners 1
Name Nationality
1.
2.
3.
Signature of
Bidder
______________________________________________________
1
To be completed by all owners of partnerships or individually-owned firms
Page 198
SCHEDULE 2
GENERAL EXPERIENCE RECORD
Name of Tendering Entity or each partner of a joint venture *
Each Tendering Entity and all partners of a joint venture are requested to provide information in this
form. Particulars regarding the annual turnover of the Tendering Entity (or of each member of a
joint venture), in terms of the amounts billed to clients for each year for work completed or in
progress duly converted to Indian Rupees at the rate of exchange prevailing at the end of the
period under report.
* Please use a separate sheet for each partner of a joint venture.
Annual turnover data (Berthing Structures, Approach and other related works)
Year Turnover in foreign currency Indian Rupee equivalent
1.
2.
3.
4.
5.
Signature of Bidder
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SCHEDULE 3 A
STATEMENT OF SIMILAR EXPERIENCE
Bidder is requested to list out all contracts of a similar nature including EPC contracts and highlight
the complex nature of contracts undertaken during joint venture. The value should be based on the
currencies of the contracts converted into Indian Rupees at the exchange rate prevailing on the date
of substantial completion of such contracts. For the current contracts such value should be
considered at the time of contract award. These details are to be summarised separately for each
contract completed or under execution, by the Tendering Entity or by each partner of a joint venture.
Where the Tendering entity and each partner of the joint venture proposes to use nominated
subcontractors for critical components of the Works, the information is required to be furnished in
respect of each such nominated subcontractor.
Signature of Bidder
Page 200
SCHEDULE 3 B
STATEMENT OF SIMILAR EXPERIENCE
DETAILS OF CONTRACTS OF SIMILAR NATURE AND COMPLEXITY
Name of Tendering Entity or each partner of a joint venture:
Use a separate sheet for each contract. References for satisfactory completion of Contract should
be attached.
1. Name of contract
2. Country
3. Name of Employer:
4. Employer Address:
Phone and Fax number:
Details of contact person:
5. Name of the Chief Executive / Operating Officer along with contact numbers
6. Nature of works and special features relevant to the contract executed by the Bidder:
7. Contract role (check one)

Sole contractor Management Contractor Subcontractor
Partner in a joint venture
8. Value of the total contract/subcontract/partner share (in specified currencies at

completion, or at date of award for current contracts)
Currency Currency Currency
9. Equivalent value Indian Rupees:
10. Date of award:
11. Date of completion:
12. Contract/subcontract duration (years and months): _____Years _____Months
13. Specified Requirements 2
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Provide specific information for particular project components related to Berthing Structures and
Approach construction etc. Additional re: the project components viz. specifications, design,
construction aspects etc. to be separately attached. Relevant literatures / brochures / photographs
pertaining to any particular project components may also please be attached.
Signature of Bidder
2
The Bidder should insert any specific contractual criteria required for particular operations
Page 202
SCHEDULE 4
SUMMARY SHEET: CURRENT CONTRACT COMMITMENTS / WORK IN PROGRESS
Name of Tendering Entity or each partner of a joint venture
Tendering Entity and each partner of joint venture should provide information re: their current
commitments on all Development of Tourism Project and other related works that they have been
awarded, or for which a letter of intent or acceptance has been received by them. These will also
such contracts which are approaching completion, but for which an unqualified completion
certificate in full has not yet been issued.
Annual turnover data (Development of Tourism Project and other related works etc.)
Value of outstanding work

Name of contract Indian Rupee equivalent
(Indian Rupees)
1.
2.
3.
4.
5.
6.
Signature of Bidder
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SCHEDULE 5
DECLARATION OF SUB-CONTRACTORS
It is our intention to employ the following subcontractors whom we believe, after appropriate
investigation, to be reliable and competent for the performance of that part of the work indicated
below. All other work will be performed exclusively by us.
S.No. Name and Address of Subcontractor Scope of work to be performed by the Sub-
Contractor:
It is agreed that we shall not subcontract any other work to any other subcontractors without the
consent in writing from the Employer.
Signature of Bidder
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SCHEDULE 6A
BIDDER’S PROPOSED SITE ORGANISATION
The Bidder shall indicate below his Site Organisation to be employed in planning and supervising
design, engineering, procurement & construction of the Works. This shall include but not be limited
to the setup and size of the site organisation together with the names, positions, qualifications,
experience and authority of such personnel constitution such organisation as per attached Form
along with the period of deployment of such personnel in the form of a Bar Chart corresponding to
the construction schedule.
Signature of Bidder
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SCHEDULE 6B
DETAILS OF CONTRACTOR’S SUPERVISORY AND TECHNICAL STAFF WHO WILL BE EMPLOYED IN
CARRYING OUT THE WORKS UNDER THIS CONTRACT
1. FULL NAME OF STAFF ………………………

2. NATIONALITY……….………
3. EDUCATION
Institution Address From (year) To (Year) Degrees / Diplomas Received

Attended
a)
b)
c)
d)
4. WORK EXPERIENCE………………
Size of the
Project Cost
Name of Project Location Name of Employer Position Held
Indian US
Rupees Dollar
a)
b)
c)
d)
5. YEARS OF EXPERIENCE - Ports & Harbour

(as applicable) Construction/Marine
Civil Construction……………
6. POSITION TO BE ASSIGNED TO HIM BY THE CONTRACTOR;
7. PERIOD OF DEPLOYMENT
Date: Signature of Bidder
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SCHEDULE 7
SCHEDULE OF PLANT AND EQUIPMENT
The Bidder shall provide itemised description of major machinery & equipment, including year of
manufacture, which he will mobilise and deploy at Site for execution of Works. Such schedule must
be in agreement with the proposed construction program.
EQUIPMENT STATEMENT
Item of equipment
1. Name of Manufacturer 2. Model and Power Rating

Equipment
3. Size/Capacity 4. Year of Manufacture
Information
5. Quantity
6. Current Location
Current Status
7. Details of Current Commitments
Source 8. Indicate source of the equipment

Owned Rented # Leased# Specially manufactured
Omit the following information for equipment owned by the Bidder or partner.
9. Name of Owner
10. Address of owner

Owner
Telephone Contact Name
Fax Telex
Agreements Details of rental / lease / manufacture agreements specific to the Project
Source 11. Indicate source of the equipment

Owned Rented # Leased# Specially manufactured
We, the undersigned, hereby declare that the above information forms part of the Tender.
#
The Bidder shall also furnish a letter from the agency / company to confirm availability of such
machinery & equipment in accordance with the construction schedule.
Signature of Bidder
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CHECK-LIST FOR SUBMITTALS
This Tender Document is issued to an Bidder exclusively in his/its own name and is not transferable.
S. No. Item Tick -/
PART-I- (Envelope-1)
1. Attested copy of the receipt for payment towards cost of Tender Document
2. Forwarding Letter accompanying the Tenderas per Appendix-I
3. Annex – I Details of Bidder
4. Annex – II Financial Capacity of Bidder
5. Annex – III Details of Eligible Projects
6. Annex – IV Statement of Legal Capacity
7. Power of Attorney for signing the Tenderas per Appendix-II
8. Power of Attorney for Lead Member of Consortium as perAppendix-III
9. Joint Bidding Agreement for Consortium as per Appendix-IV
10. Copy of Memorandum and Articles of Association
11. Copies of preceding 3 (three) year’s audited B/S & P/L A/c
12. Certificate from Statutory Auditors in the formats as per Appendix-I for each
Eligible Project
13. Certificates from Statutory Auditors’/Clients/Co. Secretary for Eligible Projects
as part of Annex-III of Appendix-I
14. Notarised copy or original of the Completion Certificates issued by the
employer in respect of Eligible project
15. Write-ups & Brochures evidencing Project Management & Construction
Management experience in Eligible Projects
16. Bid Bondin the form of Bank Guarantee as per Appendix-V
17. Undertaking that no changes have been made In the Tender Documents
downloaded by the Bidder or issued to the Bidder by the Employer as per
Appendix XI
18. Undertaking that Part II: Commercial & Price Bid is unconditional as per
Appendix XII
19. Undertaking that no illegal methods have been used to influence the Bid
Process as per Appendix XIII
20. Undertaking for disclosure of payment made/proposed to be made to
Intermediaries in connection with the Tender as per Appendix XIV
21. Filled up Schedule-1 to 7
22. All Supporting Documents as listed in Clause 0 in the respective Envelopes.
PART-II (Envelope-2)
23. Filled and signed Price Bid as per Appendix VII- Annex-I and Annex-II
Page 208
MUMBAI PORT TRUST
CIVIL ENGINEERING DEPARTMENT
TECHNICAL SPECIFICATIONS AND EMPLOYER’S

REQUIREMENTS
Page 209
TECHNICAL SPECIFICATIONS AND
EMPLOYER’S REQUIREMENTS
 GENERAL
The Mumbai Port Trust has proposed for the development of TOURISM PROJECT at Kanhoji Angre
Island, Mumbai Port by engaging EPC Contractors. The scope of the EPC contractor includes detailed
design & engineering, procurement and construction as per the Employer’s requirement, design
criteria and specifications on turnkey basis.
Contractor’s attention is drawn to note that the details furnished in the Drawings and Site
Information are indicative and for information only. Verification of the information and details
furnished by the employer with regards to its sufficiency, correctness and completeness is the
responsibility of the contractor. No claim whatsoever is acceptable on this account.
This contract will be executed by appointing the “Engineer to the Contract” by the Employer for
executing the works as per agreement entered between the Mumbai Port Trust and the contractor in
conformity with this Tender Specifications.
The Technical Specification covers the following:
 Scope and general requirements
 Design Basis including the general site environmental data
 Material specification
 Work specifications
i. General Information and Exclusions

Scheme and Major facility list mentioned in this document are indicative and for guidance purpose
only. It’s ultimately the EPC contractor’s responsibility to complete the Facility/all systems to meet
Standards & Code Practices, including all works as directed by the Engineer/ Engineer’s
representative. The system shall comply for trouble free & smooth operation meeting high standard
of Safety.
II Third Party Certification

The employer may appoint any third party for supervision and certification of the work.
c) Project Site Appreciation

a. Site Environment
The Port of Mumbai has long been the principle Gateway of India handling about 20% of general
cargo of the Country's Import/Export Trade.
Mumbai Harbour is located along the West Coast of India at latitude 18 deg. 57' N and
longitude 72 Deg 51'E. The entrance to the harbour is from the South West between Prong's Reef at
the Southern most tip of Mumbai and Thal Reef lying off the mainland to its South West.
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The proposed project - Passenger Boat Landing Jetty facility is to be developed on the Kanhoji Angre
Island area of the Mumbai Port located in Raigad District in Mumbai Port water area.
i. Climate
Relative humidity ranges from 61% to 87% being the highest in the monsoon period. During the
winter months (Nov – Jan) relative humidity ranges from 61% to 72% Mean daily temperature ranges
from 24 Degrees C to 33 Degrees C except during the winter period when the minimum temperature
may fall to about 19 Degrees. The hotter months are March, April, May and June.
ii. Wind
General direction of wind is from the North to the West
quarter, with seasonal variations as shown below :
SEASONAL WIND VARIATIONS
Months Directions Speeds

1. Feb-May Mainly from (Max. 8 to 10
N.W. Beaufort. Substantial
4-6 Beaufort)
2. June-Sep Mainly from (Max. 8 to 10
W.N.W. Beaufort.
Substantial 6-8
3. Oct-Jan Mainly from Beaufort)
(Max. 6 to 8 Beaufort.
N.N.W. Substantial 2-6
Beaufort)
iii. Rainfall
The climate of the region has a regular seasonal variation determined by the occurrence of
two annual monsoons. The southwest monsoon period extends from June to September.
November to March is the period for the north-east monsoon. Most of the annual rainfall
occurs during the southwest monsoon, the average monthly rainfall being about 45 cm. Rain
during the northeast monsoon is slight. The average annual rainfall over 20 years is 193 cm.
iv. Tides
The dominant tide in the Mumbai Harbour is semi-diurnal tide with a period of 12 hours and
40 minutes. The following are the particulars of certain tidal levels related to both Town Hall
Datum and Chart Datum :
Above Town Hall Above (+) or below (-)

Tide
Datum Chart Datum
Highest High Water recorded. 27.34 m + 5.39 m.
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Mean High Water Spring Tides. 26.37 m + 4.42 m.
Mean High Water Neap Tides. 25.25 m + 3.30 m.
Mean Sea Level. 24.46 m + 2.51 m.
Mean Low Water Neap Tides. 23.81 m + 1.86 m.
Mean Low Water Spring Tides. 22.71 m + 0.76 m.
Lowest Low Water recorded. 21.49 m - 0.46 m.
Highest Low Water 24.69 m + 2.74m
v. Current
The currents in the harbour waters are essentially caused by the tides, and are not influenced to any
extent by monsoons, etc. The tidal flow is unsteady and the magnitude and direction of the current
varies with respect to location, time and depth. Generally the ebb currents are stronger than flood
currents.
vi. Wave
The predominant waves entering the site of the proposed Works are the swell waves generated by
deep sea storms. These mainly arise just before and during the South West monsoon. The wave
height at the site of Works is generally not expected to exceed 1.5 m. The statistical analysis also
indicates that most wave periods fall between 6 seconds and 10 seconds.
During the continuance of the North-east monsoon, north-easterly winds known as “Elephantas”
blow for short durations during the months of October-November.
MARINE CIVIL STRUCTURES
b. Design Basis
The design Basis furnished by Employer is only a guideline data and is the responsibility of the EPC
Contractor to check-up all the data for its adequacy for design of the Tourism Project.
An overall layout showing the location and orientation of the PBLJ is presented in drawing.
i. Geotechnical Data
The Bathymetric & seismic survey of the area have been carried out by M/s Ocean Science an
Surveying and the same is enclosed for guidance. However the EPC Contactor shall take responsibility
of the sufficiency of data and carry out all additional surveys/investigations at his own cost.
ii. Codes
Unless otherwise specified in the contract the relevant provisions of the appropriate Bureau of
Indian Standards shall apply for all materials and workmanship.
The years of publication against various standards, referred in this specification, correspond to the
latest standards as on date of preparation of this specification. During the use of this specification in
future, the latest publication as on date shall be referred to. Where Standards are not yet published
by the BIS or IRC, relevant British Standards or Standards of the American Society for Testing
Materials (ASTM) or other International Standards shall apply. In case of any conflict in meaning
between these specifications and those of BIS or IRC, or British/ASTM Standards the provisions of
these specifications shall prevail.
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iii. Use of Permanent Materials for Temporary Works
Materials to be incorporated in permanent works shall not be used for temporary works unless
otherwise approved by the Engineer’s Representative. Granting of such permission shall not
prejudice the right of the Engineer to reject materials so used, which have become unfit to use in
permanent works.
iv. Rejection of Materials

Any material brought to site which, in the opinion of the Engineer / Engineer’s Representative is
damaged, contaminated, deteriorated or does not comply with the requirement of this specification
shall be rejected.
If the routine tests or random site tests show that any of the materials, brought to site, do not
comply in any way with the requirements of this specification or of B.I.S. Codes as applicable, then
that material shall be rejected.
The Contractor at his own cost shall remove from site any and all such rejected materials within the
time specified by the Engineer / Engineer’s Representative.
v. Materials for Concrete
1. Aggregates
Aggregates shall comply with the requirements of IS: 383-1970 "Specification for Coarse and Fine
Aggregates for Concrete".
They shall be hard, strong, dense, durable, clean and free from veins and adherent coating, vegetable
matter and other deleterious substances; and shall be obtained from approved sources. Aggregates
shall not contain any harmful material such as pyrites, coal, lignite, shale or similar laminated
material, clay, alkali, soft fragments, seashells and organic impurities in such quantity as to affect the
strength or quality or durability of concrete. Aggregates that are chemically reactive with alkalis of
cement or might cause corrosion of reinforcement shall not be used. Aggregates that are not
sufficiently clean shall be washed in clean fresh water to the satisfaction of the Engineer.
a) Testing
All aggregates shall be subject to inspection and testing. The Contractor shall submit samples of
various aggregates from each source of supply for test and approval. While submitting the samples,
he may indicate the source of supply, type of aggregate availability and all relevant information. Only
the aggregates from the source of supply which pass QC test shall be used in the work.
b) Grading
The Contractor shall ensure that the full range of aggregate used for making concrete is graded in
such a way as to ensure a dense workable mix. The delivery of aggregates will commence only when
the Engineer has approved the samples and the quality and grade shall be maintained consistent and
equal to the approved sample. Before construction commences, the Contractor shall carry out a
series of tests on the aggregates and on the concrete made there from to determine the most
suitable grading of the available aggregates. Once the most suitable grading has been found, the
grading shall be adopted for the construction of the works and periodic tests shall be carried out to
ensure that it is maintained.
c) Size and grading of fine aggregates
The grading of the fine aggregates shall conform to IS: 383-1970. The maximum size of particle shall
be 4.75 mm and shall be graded down. Sand containing more than 10% of fine grains passing
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through 150-micron sieve or having the fineness modulus less than 2 shall not be used for concrete
work.
d) Size and grading of coarse aggregates
The nominal maximum size of the aggregates for each mark of concrete or for each type of work shall
depend upon the description of the particular item in the Schedule of Items and/or according to
relevant clauses of IS: 456-2000. The aggregates shall be well graded and shall conform to relevant
requirements of IS: 383-1970 depending upon the maximum nominal size as specified or as required.
e) Coarse Aggregates Types
The type of coarse aggregate shall preferably be natural aggregates, stone metal and shall be
approved by Engineer. Unless otherwise specified, stone metal shall be used as coarse aggregate.
f) Fine Aggregates
Natural river sand or crushed sand shall be used for Fine Aggregates. It shall not contain harmful
organic impurities in such form or quantities as to affect adversely the strength and durability of
concrete. Sand for reinforced concrete shall not contain any acidic or other impurities which are
likely to attack steel reinforcement. The fine aggregates shall conform to relevant requirements of IS:
383-1970.
2. Cement
The cement to be used shall be Ordinary Portland cement, 53 Grade conforming to IS: 12269-1987
Cement shall be procured from reputed manufacturer like Ultratech, Birla, , or Ambuja or equivalent
a) Testing of samples
The contractor shall supply a copy of the manufacturer's test certificate for each consignment of
cement, brought by him to the Engineer /Engineer’s Representative. The Contractor shall conduct
necessary tests as per relevant BIS Codes as soon as each consignment is received at site to ensure
the strength of cement and the results shall be furnished to the Engineer/Engineer’s Representative.
In case the required strength is not obtained, the Engineer/Engineer’s Representative may reject any
cement notwithstanding the manufacturers’ certificate or any other suitable action as deemed fit.
b) Contractor's Responsibility
From the time a consignment of cement is delivered at site and tested and approved by the Engineer
/ Engineer’s Representative until such time as the cement is used on the works, the Contractor shall
be responsible for keeping the same in sound and acceptable condition and at his expense and risk.
Any cement which deteriorates while in the Contractor's custody is liable for rejection as unsuitable
and it shall be removed from the site at the cost of contractor within two days of ordering such
removal. No cement shall be stored for more than 3 months.
c) Stock of Cement
In order to ensure due progress, the Contractor shall at all times maintain on the site at least such
stock of cement, which he considers necessary and prudent. Any delay in completing the project for
want of cement shall be the responsibility of the contractor.
d) Storage of Cement
The storage of Cement shall meet the requirement of IS 4082.
The cement shall be stored in such a manner as to permit easy access for proper inspection and in a
suitable watertight, well-ventilated building to protect it from dampness caused by ingress of
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moisture from any source. Different Grades / types of cement shall be stored separately. Cement
bags shall be stacked at least 15 to 20 cm clear of the floor leaving a space of 60 cm around the
exterior walls. The cement shall not be stacked more than 10 bags high.
Each consignment of cement shall be stacked separately to permit easy access for inspection.
Cement shall be issued from stores in the order in which it was received on site, commencing with
the consignments, which has been in the store for the longest period of time. The age of cement at
the time of delivery shall not be more than 2 months and shall be used within 3 months, thereafter.
3. Water
Water used for mixing concrete and mortar and for curing shall be clean and free from injurious
amounts of oil, acid, alkali, salts, sugar, organic materials or other substances that may be
deleterious to concrete or steel. The pH value of water shall be not less than 6. Tests on water
samples shall be carried out in accordance with IS: 3025 and shall meet the requirements mentioned
in clause 5.4 of I S: 456-2000. Water for construction purpose shall be stored in proper storage tanks
to prevent any organic impurities getting mixed up with it. The Contractor shall make adequate
arrangements to have sufficient water at the site at all times.
Seawater shall not be used for concrete or any related works including curing.
4. Admixture for Concrete

Admixtures if approved by the Engineer/ Engineer’s Representative shall be used in required
quantities as per manufacturer’s specification to get the desired workability and strength. The
approved admixture to be incorporated in the work shall conform to relevant BS/BIS code and shall
produce workable concrete without loss of slump until placed in position thus helping in placing and
compaction of concrete. Interval of Routine Test
The routine tests of materials, delivered at site, shall be at the following intervals:
Aggregates - Fortnightly or for every 200 m3 for each aggregate whichever is earlier.
Cement - Fortnightly or for each consignment, within 4 days of delivery. Water
- Once in two months for each source of supplies. Reinforcement - For
each consignment within 4 days of delivery in accordance with IS: 1786-1985.
vi. STEEL
1. Reinforcement
Reinforcement bars for concrete shall be steel bars of the following types:
a) High yeild strength deformed steel TMT bars (Fe500) conforming to IS: 1786-2008 for
Concrete Reinforcement.
b) High yield strength deformed steel TMT bars (Fe415) conforming to I S: 1786-1985 for
Concrete Reinforcement.
c) Reinforcement fabrics conforming to IS: 1566-1982 "Hard Drawn Steel Wire Fabric for
Concrete Reinforcement"
All reinforcement bars shall be of uniform cross sectional area and be free from loose mill scales,
dust, loose rust, oil or other coatings which may destroy or reduce the bond. The reinforcement bars
shall be product of reputed companies. Steel shall be procured only from primary steel producers /
Integrated Steel Plants from TATA/SAIL/RINL/JSW/ JSPL. No Re-rolled material/secondary steel will
be accepted or allowed for any work. Every lot of supply shall require to be accompanied by
manufacture’s test certificate for establishing correlation with TMT bars supplied. Every lot shall be
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tested in the independent laboratory to assess whether the properties are conforming to IS: 1786-
2008 as directed by the Engineer-in-charge.
a) Tests after Delivery
2. The Engineer / Engineer’s Representative may order any additional tests

on the structural / reinforcement steel brought by the contractor. The
cost of such tests shall be included in the rates and prices. The Engineer /
Engineer’s Representative may accept / reject the same based on test
results Light Structural Work and Inserts
Steel for preparation of inserts and embedments into concrete shall conform to IS: 2062-1992- Steel
for general structural purposes- Specification.
3. Foundation Bolts
Bolts to be embedded in concrete shall, conform to IS: 5624-1970 "Specification for Foundation
Bolts". Material for bolts, shall, be of steel conforming to IS: 2062-1992.
4. Miscellaneous Steel Materials

Miscellaneous steel materials shall be conforming to the following IS specifications.
Specification for mild steel and medium tensile steel bars and IS:432
hard drawn steel wire for concrete reinforcement (grade I)
(for mild steel bars of anchor bolts, rungs, metal inserts,
grating etc.)
Hexagonal head bolts, screws & nuts of product grade C IS:1363
Mild Steel Tubes, tubulars and other wrought steel fillings IS:1239
(for Hand rail tubular sections).
Steel chequered plates IS:3502
5. Anchor Bolts
Material for Anchor Bolts such as MS bars, washers, nuts, pipe sleeves and plates etc. shall be as per
relevant IS Codes mentioned above.
6. Storage
The storage of all materials at site of work shall be at the contractor’s expense and risk. The
Contractor shall maintain the proper records of receipt/consumption. The records shall always be
submitted to the Engineer for verification.
The reinforcement bars, structural steel sections and other miscellaneous steel material etc., shall be
stored in such a way as to avoid and prevent deterioration, corrosion, bending, twisting and warping.
7. Rejection
The Engineer / Engineer’s Representative may reject at his discretion any material, notwithstanding
the manufacturer’s certificate, failing to meet the requirements of relevant IS Codes for testing of
materials. He may similarly reject any material, which has deteriorated or corroded etc., due to
improper storage, handling or transport. Defective materials shall not be used and has to be
removed from the site by the Contractor at his own expense.
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vii. PAINT
All paints shall be of approved quality and shall be obtained from the suppliers, authorised by the
Manufacturers. Paint shall conform to appropriate Indian standards for ready mixed paints where
applicable.
viii. Protective coating of Concrete Surfaces of Marine Structures

All exposed Concrete surfaces of the marine structures shall be coated with protective coating with
high quality epoxy based paints like Interpenetrating Polymer Network Coating System (IPNet) or its
equivalent on surfaces exposed to UV.
All other Concrete surfaces not exposed to UV shall be protected with Coal Tar Epoxy Coating from
reputed suppliers.
ix. Materials not specified

Any materials not fully specified in these specification and which may be offered for use in the works
shall be subject to approval of Engineer / Engineer’s Representative without which it shall not be
used anywhere in the construction works.
c. WORKMANSHIP
i. General
This Part deals with performing various items of works as per Technical Specifications and drawings
and other conditions of the contract to complete the project or serving its intended purpose.
ii. Standard
A high standard of workmanship in all trades will be required. The Contractor shall ensure that only
skilled and experienced workmen are employed.
iii. Contractor's Equipment

The Contractor shall be responsible for the supply, use and maintenance of all construction plant and
equipment and he shall ensure that it is suitable for the work and is maintained in such a manner as
to ensure its efficient working. The Engineer / Engineer’s Representative may direct that the plant
and equipment, which is not efficient and is prejudicial to the quality of the Work, be removed from
Site and replaced by efficient plant and equipment to his satisfaction.
iv. Facilities for Materials Testing Laboratory

The Contractor shall provide a laboratory for testing of concrete, concrete materials, and any other
materials as directed by the Engineer/ Engineer’s Representative.
Sufficient area shall be earmarked within the working area allotted by the Engineer / Engineer’s
Representative for Field Materials Testing Laboratory and sample room. The sample room shall be
provided with adequate number of racks for storage of samples. Arranging water and supply of
electricity in the laboratory shall be the contractor’s responsibility at no extra cost.At the end of the
Maintenance Period, the laboratory and sample room shall be dismantled and removed from Site.
The dismantled materials and equipment shall be the property of the Contractor. The cost of
constructing and equipping the laboratory and area for the sample room, maintaining during the
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currency of the Contract and dismantling the same at the end of the Maintenance Period shall not be
paid for separately and shall be deemed to have been included in the rates and lump sum prices.
v. Excavation and Backfilling / Filling
1. Excavation
The excavation wherever required shall be carried out to the required widths, lengths and depths
and within approved lines and levels. The Contractor shall provide all shoring, strutting, shuttering or
other approved support to the sides of the excavations as may be necessary to prevent any ground
movement/sliding. The Contractor shall bear all responsibility connected with such shoring including
dewatering notwithstanding the Engineer’s / Engineer’s Representative’s approval. Cost of all such
constructional requirements shall be deemed to have been included in the prices.
2. Disposal and backfill

Excavation material deemed suitable by the Engineer / Engineer’s Representative for filling or other
purposes shall be stockpiled in the vicinity of the site.
Unsuitable or excess excavation material shall be transported to the spoil areas as directed by the
Engineer / Engineer’s Representative and the cost of such disposal shall be deemed to have been
included in the price.
vi. Temporary works

Wherever required, the Contractor shall furnish such details of his temporary works as may be called
for by the Engineer / Engineer’s Representative and the Contractor shall satisfy the Engineer /
Engineer’s Representative as to their safety and efficiency. The Engineer / Engineer’s Representative
may direct that temporary works, which he considers unsafe or insufficient, be removed and
replaced in a satisfactory manner. The Contractor will be solely responsible for any construction,
fabrication, such as piling gantry including all the labour, materials, equipment etc, and the Engineer
/ Engineer’s Representative shall be indemnified.
vii. Codes
The years of publication against various standards, referred in this specification, correspond to the
latest standards as on date of preparation of this specification. Hence during use of this specification
the latest publications as on date shall be referred to. Base lines and Bench Marks
The Contractor shall establish and maintain, to the satisfaction of Engineer / Engineer’s
Representative, the base lines and benchmarks based on which the works are set out. The Contractor
shall maintain these throughout the period of construction without causing any disturbance to them.
viii. Setting out / Survey

The setting out of the work shall be done with the Engineer / or his representative in attendance. The
levels shown in the drawing are referred to Port’s Chart Datum which is + 2.51 m below MSL. The
Contractor shall set out all the works to be executed by him, in line with the standard base lines,
levels, position and bench marks and truly as per drawings within the accepted tolerance limits at no
extra cost to Engineer. The Contractor shall be solely responsible for the setting out of all the works,
to be executed by him and the approval of such setting out by the Engineer / Engineer’s
Representative shall in no way absolve the Contractor of his responsibility for carrying out the work
to the true lines, levels and positions as per drawings.
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ix. Dewatering
The Contractor shall carry out all the works, in dry and workable condition and maintain the same in
dry condition till the final handing over of works at no extra cost to the Engineer. For this the
Contractor shall make all the necessary provisions of dewatering, wherever necessary, to the entire
satisfaction of the Engineer / Engineer’s Representative.
x. Safety of existing work

Before taking up any construction adjoining other property or existing work, the Contractor shall take
all steps necessary for the safety and protection of such property or work at no extra cost to the
owner. The contractor shall indemnify the Engineer from any such damages to the property of
others.
xi. Protection of existing services

The Contractor shall take all precautions necessary to prevent damage to or interference with
underground or over ground services such as cables, drains, piping or piles, whether shown on
drawings or not.
xii. Handing over of work site

On completion of work, the Contractor shall remove all rubbish, debris, surplus materials, temporary
work, etc., from the site. The site shall be handed over in a tidy and workmanlike manner at no extra
cost to the Employer.
xiii. Concrete (Plain & Reinforced)

This section covers the workmanship, special requirements & regulations with which the contractor
must comply to achieve the following two objectives:
a) The provision, at all locations on the site, of dense workable concrete, having the specified
characteristic strength.
b) The mixing and placing of concrete at all elevations, well compacted by vibrations, in well
aligned and well fixed formwork ensuring the internal and external dimensions of structures
as per approved drawings and maintaining the size, shape, number and locations of
reinforcements, inserts etc. as per the drawings, providing the surface finish after stripping
off the formwork to ensure the structural configurations as well as within the specified
tolerance limits, curing and guaranteeing the characteristic strength, all as specified.
1. Qualified Personnel, Labour & Equipment

A fully qualified and experienced concrete quality control Engineer shall be employed by the
Contractor and shall be available on Site at all times when concreting is taking place. The Contractor
shall also provide all necessary supervision, labour, material, equipment and tools to carry out the
concreting work as described below.
2. Mix Design
The Contractor shall design the concrete mix and make preliminary tests to determine the
proportions by weight of cement, fine aggregates, coarse aggregates and water necessary to produce
required grades of concrete. The design of mixes shall be made according to I.S. 10262-1982 or any
other approved standard methods through any of the reputed Institute to be approved by the
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The Contractor shall furnish full details of the preliminary tests on each class of concrete along with
the relevant calculations for approval of the Engineer / Engineer’s Representative. The Contractor
shall start concreting only after getting the approval of the Engineer / Engineer’s Representative for
such mix proportions.
However, such approval shall not relieve the Contractor of his responsibility to produce concrete
having compressive strengths as mentioned in the specifications /drawings.
No departure from the approved proportions will be permitted during the works unless and until the
Engineer / Engineer’s Representative gives written authorisation for any change in proportion. The
Engineer / Engineer’s Representative shall have authority at any time to check whether the mixing of
concrete is being carried out according to the approved proportions
The concrete made by designing the mix is termed hereinafter as "Design Mix Concrete".
For the purpose of general guidance, Table-5 of IS 456-2000 shall be followed for minimum cement
content, maximum water cement ratio & min. grade of concrete. However, minimum cement
content of 400 kg/m3 and a maximum water cement ratio of 0.45 shall be maintained for all grades
of concrete.
3. Water/Cement Ratio
Once the Engineer / Engineer’s Representative approves a mix the same shall be maintained and
shall not be varied without the permission of the Engineer / Engineer’s Representative, including the
water/cement ratio. Maximum water / cement ratio shall never exceed the value given in the IS 456-
2000 and IS 4651 for various exposures.
In the structures where the impermeability and shrinkage of concrete have an important bearing on
the durability and serviceability of the structures, such as exposed structures near sea side, thin pre-
cast members etc. the water cement ratio shall be kept low.
4. Workability
The workability of fresh concrete shall be such that the concrete is just suitable for the conditions of
handling and placing so that after compaction it becomes completely consistent and homogeneously
surrounds all the reinforcement and completely fills the formwork.
The workability of fresh concrete at the place of batching / mixing shall be ensured by proper test
and at the place of disposition by means of slump test. During the finalisation of Trial Mixes, the
relationship between compacting factor and slump test shall be established for each grade of
concrete as well as for various levels of workability. In cases where the cement content is to be
limited to reduce the heat of hydration, and the water/cement ratio is also to be kept low to reduce
the permeability or due to other requirements the desired workability may be achieved with use of
limited doses of approved admixtures or air entraining agent. In such cases the method of mixing and
dosage of the admixture / air-entraining agent shall be according to the manufacturer's specification
and with the approval of the Engineer / Engineer’s Representative.
The degree of workability of concrete depends on the mix proportion. Suggested ranges of
workability of concrete shall be in accordance with IS: 1199 and as per the table in section 7 of IS
456-2000.
Notwithstanding anything mentioned above, the slump to be obtained for work in progress shall
have the approval of the Engineer / Engineer’s Representative.
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5. Durability
A durable concrete is one that perform satisfactorily in the working environment during its exposure.
Therefore the durability of concrete, depending on the exposure condition, is to be taken into
account while designing the mix. For given aggregates, the cement content should be sufficient to
make sufficiently low water cement ratio. The provision made in IS: 456-2000 shall be taken as
guideline for durability considerations.
6. Trial Mixes
After approval of the Mix Design by the Engineer / Engineer’s Representative, the Contractor shall
make in the presence of Engineer / Engineer’s Representative the Trial Mixes for each grade of
concrete as well as for required workability.
Each trial mix shall be handled and compacted by the method which the Contractor proposes to use
for that mix in the works and the mixes shall not show tendency of inadequate compaction by the
method proposed. Similarly the trial mix shall be prepared using same type of plant & equipment
including admixtures (if any proposed) as will be used for the works.
The slump of each trial mix shall be determined immediately after mixing and the values shall not
exceed the maximum value obtained in the mix design.
Nine numbers of 150-mm test cubes shall be made from each trial mix, three for seven-day test and
six for 28th day test. These shall be cured and tested by the contractor in a nominated laboratory or
fieldThe trial mix shall also be cast in mould similar to the one proposed for use in the work and
compacted. After 24 hrs, the sides of the mould shall be struck and the surface examined in order to
determine whether or not in the opinion of the Engineer / Engineer’s Representative an acceptable
surface can be obtained using the mix.When all tests, mentioned for strength, consistency & surface
finish are satisfactory, the Engineer / Engineer’s Representative will approve the mix. Once a design
mix is approved no variation shall be made in the mix proportion or in type, grading & source of any
material without the consent of the Engineer / Engineer’s Representative.
Before commencement of the concreting works of particular grade of concrete, the Contractor must
complete the work of trial mixes and subsequent testing of the test cubes obtained there from the
design of the Approved Mix for that particular grade of concrete.
The entire cost of all the trial mixes including all the preparatory works for trial mixes, preparation of
test cubes and their testing shall be borne by the Contractor.
7. Batching of Concrete
a) Cement
Cement shall always be batched by weight. Where the weight of cement is determined by accepting
the weight per bag, number of bags shall be weighed separately to determine the average net weight
of cement per bag and the same shall be checked regularly.
b) Aggregates
For Design Mix concrete, the aggregates (coarse and fine) shall be batched by weight. Suitable
adjustments shall be made for the variation in the weight of aggregates due to variation in their
moisture contents.
c) Water
Water may be measured either by weight or by volume. When measured by volume, it shall be by
well-calibrated conical shaped jar or vessel or from a calibrated tank fitted to the mixer.
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d) Adjustment of water due to moisture contents in aggregates
For the correct determination of amount of water to be added in the concrete mix, to maintain the
water cement ratio constant, the amount of moisture content in both coarse and fine aggregates
shall be taken into consideration, as frequently as possible, the frequency for a given job being
determined by the Engineer / Engineer’s Representative according to weather conditions.
e) Determination of moisture content in the aggregates
Determination of moisture content in the aggregates shall be according to IS: 2386 (Part-Ill) - 1963.
Where tests are not conducted, the amount of surface water may be estimated from the following
table:
Surface water carried by Aggregates
Aggregates % by weight Lit/m3
Very wet sand 7.5 120
Moderately wet sand 5.0 80
Moist sand 2.5 40
Moist gravel & stone chips 0.25 – 2.5 20-40
Coarser the aggregate, lesser the water it will carry.
f) Admixtures
No admixtures shall be used without written approval of the Engineer / Engineer’s Representative. If
permitted on works, admixture for concrete shall conform to the requirements of BS 5075 or
relevant BIS. Any solid admixture, to be added, shall be measured by weight, but liquid or semi-
liquid admixture may be measured by weight or volume as approved.
g) Accuracy of batching
The accuracy of batching shall be within the following tolerance:
Cement within plus or minus 2% by weight.
Aggregate within plus or minus 2% by weight.
Water within plus or minus 0.5% by weight.
8. Mixing & Transportation of concrete

a) Mixing of Concrete
Concrete shall always be mixed in a mechanical mixer /Batching Plant. Mixing by hand is not
permitted. Before beginning of a run of concrete all foreign materials shall be removed from inner
surface of mixing and conveying equipments. Similarly all conveyances shall also be cleaned
thoroughly.
Concrete shall be thoroughly mixed until there is uniform distribution of materials and the mass is
uniform in colour and consistency. Water shall not normally, be charged into the drum of the mixer
until all other ingredients are already in the drum and mixed for at least one minute.
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The mixing time from the time of adding water shall be in accordance with IS 1791-1985 but in no
case less than 2 minutes or at least 40 revolutions.
b) Discharge from Mixer
The concrete shall be discharged from the mixer on to a level, clean, watertight platform or floor and
then to carriers for transportation. Maximum fall height shall be limited to 1.5m.The area
surrounding the mixer shall be kept clean.
When skips or mobile concrete carriers are used, concrete may be directly discharged from the mixer
in to the skips or rotating drums of mobile carriers.
c) Transportation of concrete
Direct pumping of Concrete from Batching plant to the casting location is preferred mode for the
transportation of concrete. However during un-avoidable situations Concrete shall be transported
from the mixer to the place of work as rapidly as possible and practicable and in such a manner that
there shall be no separation or loss of any of the ingredients and maintain the required workability.
No water shall be mixed with the concrete after it has left the mixer.
Where concrete is transported over long distances, the Contractor shall provide transit mixers.
Concrete shall not be permitted for use in the works after initial set has taken place. It shall be
ensured that the concrete distributing chutes are placed at an angle not more than 45 degrees from
the horizontal.
Necessary concrete Pour Card shall be maintained at site.
d) Actions before placement of concrete
Program of works
At the beginning of every week, the contractor shall give his detailed concreting program for that
week to the Engineer / Engineer’s Representative. Such programs, shall specify all information
such as the locations where concrete is to be poured, type/grade of concrete, volume of
concrete to be poured, number and type of vibrators proposed to be used as well as proposed to
keep as standby, number of skilled technicians and supervisors proposed to be engaged, the
proposed time and period of pouring etc.
Checking & approval
Before placement of concrete, the contractor shall get all the formworks, reinforcements,
inserts, conduits, openings, surface preparation etc., checked and approved by the Engineer /
Engineer’s Representative. To facilitate such checking, the contractor shall complete all his
works according to the drawings and specifications well in advance before placement of concrete
at least 36 hours for all major/ important/ complicated works and 24 hours for all
minor/ordinary/simple works. The checks are purely in the interest of the work and to draw the
contractor's attention to his contractual obligations to execute the works according to the
drawings/specification and do not relieve the contractor from his responsibility in getting the end
results for the quality & strength of concrete and for maintaining the shape, level & dimensions
of the finished concrete, as well as the inserts, openings, other features within the tolerance
limits.
e) Preparatory Works/Surface Preparation
For Concrete Directly on Earth Foundation
Earth foundation on which direct placement of concrete is specified, shall be rammed and
consolidated as directed by the Engineer / Engineer’s Representative such that it does not
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crumble and get mixed with concrete during or after placement. If the foundation is quite wet,
the same shall be kept dry and then sufficiently consolidated, if necessary, a thin top layer of the
wet soil shall be removed and replaced by sand or other suitable materials as directed by the
Engineer / Engineer’s Representative without any extra cost to the Engineer. Care shall also be
taken that earth from the sides also does not get mixed with the concrete, during or after
placement, before it has sufficiently set and hardened.
The earth foundation, over which concrete is to be placed direct, shall not be kept abandoned at
the specified level and concrete shall be placed immediately following the final preparation of
the formation otherwise suitable measures shall be taken, as directed by the Engineer /
Engineer’s Representative without any extra cost to the Engineer.
9. Concreting in Inclement Weather

In the event of rainstorm or any other severe conditions arising, concreting shall be stopped and
appropriate temporary stop ends, vee grooves, etc. placed as may be necessary. During wet weather,
the concrete shall be adequately protected as soon as put into position.
The Contractor shall always have in readiness approved framed sheeting, tarpaulin, etc. for the
protection of newly placed concrete during inclement weather. Should any concrete be damaged due
to rainstorms or other weather conditions, the Engineer / Engineer’s Representative may order the
cutting out and replacement of the damaged concrete, all at the expense of the Contractor.
10. Concreting Under Water

Where concrete is to be deposited underwater, the greatest care shall be taken to prevent the
cement being washed out. The concrete shall be placed through a tremie pipe with suitable hopper
and plunger arrangements. Great care shall be taken to ensure that no segregation of concrete takes
place and the Engineer / Engineer’s Representative shall approve the method of placing.
The discharge end of the tremie tube shall be plugged at the start of the work so as to minimise the
entry of water in to the tube and it shall be entirely sealed at all times and kept full of concrete up to
the bottom of the hopper. Concreting operations once commenced are to be completed in full
without break; otherwise the structure shall be considered as rejected.
11. Construction joints

All such joints shall have continuous square bond grooves to produce a substantial and watertight
key. Where the placement of concrete has to be resumed on a surface, which has hardened,
removal of laitance and roughening shall be accomplished by cleaning by wire brushing, and washing
by compressed air, water jet etc., and thoroughly wetted. For vertical construction joints neat
cement slurry shall be applied on the surface immediately before the placement of concrete. For
horizontal joints the surface shall be covered with a layer of freshly mixed mortar about 10 to 15 mm
thick composed of cement and sand in the same proportion as the cement and sand in the concrete
mix and applied immediately before placing of the concrete. On this surface (i.e. on the surface of
joints) a layer of concrete not exceeding 150-mm in thickness shall first be placed and shall be well
rammed against old work, particular attention being paid to corners and close spots. To ensure
water tightness, care shall be taken to pour concrete properly against the old surface.
12. Inside the formwork (cleaning, surface preparation etc,)

The interior of the formworks, where the concrete is to be placed, shall be thoroughly washed by
high-pressure water jet or air jet to completely clean the entire volume from all sort of dirt,
grease/oil, foreign and deleterious materials etc. The reinforcement shall be completely clean and
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free from all sorts of dirt, grease/oil, rust, foreign/deleterious materials etc. Before placement of
concrete, the form works coming in contact with concrete, shall be coated with form oil or raw
linseed oil material or provided with any approved material to prevent adhesion of concrete to the
form work, but utmost care shall be taken so that such oily material do not come in contact with the
reinforcement.
13. Continuous concreting

Continuous concreting shall be done in a single operation as per the requirements of IS:456 and
IS:2974. It shall be ensured that clause 2.14 of these specifications is not violated in case of
continuous concreting. The concrete shall be placed in a manner that will prevent segregation and
accumulation of hardened concrete on the formwork or reinforcement above the level of the placed
concrete.
14. Placing and Compaction of Concrete

The concrete shall be placed and compacted before setting commences and should not be
subsequently disturbed. No water shall be mixed with the concrete after it has left the mixer.
Method of placing should be such as to preclude segregation. Approved mechanical vibrators of
adequate power and having a frequency of not less than 6000 impulses per minute shall be used for
compacting concrete. The vibrator shall be allowed to sink freely of its own weight until it enters the
previous lift. Concrete shall not be over vibrated or under vibrated. No concrete shall be placed until
the place of deposit has been thoroughly inspected and approved by the Engineer / Engineer’s
Representative. The contractor shall ensure that the concrete is thoroughly worked around the
reinforcements and against external shutters so that all entrained air is expelled and the concrete
surface when exposed is found good and free from the air pockets, honeycombing or other defects.
All inserts and embedment properly secured in position and checked and forms properly oiled. No
concrete shall be placed in the absence of the Engineer or his representative.
Concrete shall be placed on clean bed having the designed level. The bed shall be cleaned of all
debris and other objectionable materials. Seepage water, if any, shall be controlled or diverted.
Concreting shall not be carried on during rains unless the Contractor has taken all precautions and
the Engineer / Engineer’s Representative has given necessary permission. Suitable measures shall be
taken to control the temperature of concrete.
Concrete shall not be dropped from a height of more than 1.5 m except through a chute, placed at
not more than 45 degrees from the ground. The design and type of which shall be subject to approval
of the Engineer / Engineer’s Representative.
The concrete shall be placed, spread and compacted by approved mechanical vibrator. All vibrators
shall confirm to IS 2505. Vibrators shall not be used for pushing concrete to adjoining areas.
Utmost care shall be taken to avoid the displacement of reinforcements/ embedded parts or
movement of formwork or damage to faces of the formwork or transmission of any harmful
vibration/shocks to the concrete, which has not yet hardened sufficiently.
All members shall be concreted at such a rate that no cold joint is formed and fresh concrete is
placed always against green concrete, which is still plastic and workable.
Should any unforeseen occurrence results in a stoppage of concreting for one hour or such other
time as might allow the concrete, already placed, to begin to set before the next batches can be
placed, the Contractor shall make at his own cost, suitable tongue, and groove construction joint, as
approved by the Engineer / Engineer’s Representative. The Contractor at his own cost shall also
provide any additional reinforcement required as directed by the Engineer / Engineer’s
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Representative. Before placement of new batches of concrete over that construction joint, the
surface preparation according to this specification stipulated earlier, shall be done by the Contractor
at his own cost.
The concrete shall be worked well up against whatever surface it adjoins and compacted to such a
degree that it reaches its maximum density as a homogeneous mass, free from air and water holes
and penetrates to all corners of moulds and shuttering and completely surrounds the reinforcement.
All measures shall be taken to make the shape, size, and location of the finished concrete including
its embedment, holes, openings etc., well within the accepted tolerance limit.
15. Construction Joint and Cold Joint

Construction joints shall be kept to the minimum, and provided as directed by the Engineer /
Engineer’s Representative. These shall be straight and at right angles to the direction of main
reinforcement.
In all construction joints the reinforcements shall pass through as per approved drawings and the
same shall not be disturbed in any way.
The vertical construction joints shall be provided by insertion of board keeping provision for
passage of reinforcement/fixtures/embedment. All construction joints shall be made to form a
tongue and groove joint.
 Cold joint
An advancing face of a concrete pour, which could not be covered before expiry of
initial setting time for unexpected reasons, is called a cold joint. The Contractor shall
remain always vigilant to avoid cold joints. If however, a cold joint is formed due to
unavoidable reasons, the following procedures shall be adopted for treating it:
a) If the concrete is so green that it can be removed manually and if vibrators can penetrate the
surface without much effort, fresh concrete can be placed directly over the old surface and
the fresh concrete along with the old concrete shall be vibrated systematically and
thoroughly.
b) In case the concrete has hardened a bit more than (a), but can still be easily removed by a
light hand pick, the surface shall be raked thoroughly and the loose concrete removed
completely without disturbing the rest of the concrete in depth. Then a rich mortar layer of
12 mm thickness, shall be placed on the cold joint and then the fresh concrete shall be
placed on the mortar layer and vibrated thoroughly, penetrating deep into the layer of
concrete.
c) In case the concrete at the joint has become so stiff that it cannot be remoulded and mortar
or slurry does not rise in spite of extensive vibration, a tongue and groove joint shall be made
by removing some of the older concrete and the joint shall be left to harden at least for 12-
24 hours. It will then be treated as regular construction joint and the surface preparation of
the same, before placement of concrete, shall be as described in the appropriate clauses of
these specifications.
16. Curing of Concrete

All concrete shall be protected during hardening from the harmful effects of sunshine, moisture and
drying winds. The purpose of curing is to prevent loss of moisture from the concrete itself so that the
cement inside the concrete is sufficiently hydrated which of course is slow and prolonged process.
As soon as the concrete has hardened sufficiently 8 hrs after placement of concrete / 4 hrs during hot
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weather the curing shall be started. Curing the concrete properly and sufficiently is also the sole
responsibility of the contractor.
1.1.1.1.1 Different methods of Curing

Any one of the following methods may be used for curing as approved by the Engineer / Engineer’s
Representative.
a) Curing by direct water.
b) Curing of concrete with absorbent material and kept damp.
c) Membrane curing
a) Curing by direct water
Curing shall be done by Ponding. Wherever ponding is not possible only those area shall be cured
by spraying water,
i) Ponding
Ponding shall be used for curing slab and pavements. LEAN MIX MORTAR bunds may be
formed over the slabs and water pumped or poured into them and the same is replenished
at interval to make up for the loss by evaporation.
ii) By spraying water
In this method, curing shall be done by spraying water by suitable means at approved time
intervals. While spraying, it shall be ensured that the complete area is covered. In order to
avoid cracking, cold water shall not be applied to massive members immediately after
striking the formwork, while the concrete is still warm. Alternate wetting and over drying
shall be avoided. Curing by spraying water shall be continued at least for 14 days after final
setting. This type of curing requires prior approval of the Engineer / Engineer’s
Representative.
b) Curing of concrete with absorbent material kept damp
The entire concrete surface is covered either with hessian, burlap, sawdust, sand, canvas or
similar material and kept wet continuously for at least 14 days after final setting.
c) Membrane Curing
In place where water curing is not possible membrane curing can also used in lieu of moist
curing with the permission of Engineer / Engineer’s Representative. Such curing compound
shall be applied by spraying or brushing to the required thickness as per Manufacturer's
recommendation/specifications.
17. Testing of Concrete

The Contractor shall carry out, all sampling and testing of concrete in accordance with all the relevant
I.S. Codes, with particular reference to IS 456-2000 “Plain and Reinforced Concrete. Code of
Practice.” and as supplemented herein at his cost. The Contractor shall get all the required tests
done in a Laboratory approved by the Engineer / Engineer’s Representative. The test results in
triplicate may be obtained from the laboratory and submitted to the Engineer / Engineer’s
Representative within 3 days after completion of the test.
The Contractor shall also establish a field laboratory at site for conducting routine tests such as
compressive strength, sieve analysis, etc. and any other test which could be carried out at site.
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For any particular batch of concrete, if the results do not conform to the requirements as specified,
the Engineer / Engineer’s Representative has the right to reject that batch and the Contractor shall
remove the same immediately from the site, at no cost to the Employer.
18. Strength Test of Concrete

Samples from fresh concrete shall be taken as per IS: 1199 and cubes shall be made, cured and
tested at 28 days in accordance IS: 516.
In order to get a relatively quicker idea of the quality of the concrete compressive strength tests at 7
days may be carried out in addition to 28 days compressive strength test. If six-test cube are taken, 3
shall be tested for compressive strength at 7 days after casting and the remaining 3 at 28 days after
casting with the approval of the Engineer / Engineer’s Representative. In all cases 28 day compressive
strength specified in Table-2 of IS: 456-2000 shall alone be the criterion for acceptance or rejection of
the concrete.
Random sampling procedure shall be adopted to ensure that each concrete batch shall have a
reasonable chance of being tested, that is the sampling should be spread over the entire period of
concreting and cover all mixing units. The frequency of sampling of concrete shall be either according
to clause 15.2 of IS: 456-2000 or as directed by the Engineer / Engineer’s Representative.
The Contractor shall maintain a register at site with the following details entered and signed by both,
the Contractor and the Engineer / Engineer’s Representative. That register shall be considered as the
property of the Engineer.
Reference to the specific structural member
a) Mark on cubes
b) The grade of concrete
c) The mix of concrete
d) Date and time of casting
e) Crushing strength at 7 days
f) Crushing strength at 28 days
g) Acceptability of the concrete
h) Any other information as directed by the Engineer / Engineer’s Representative.
1.1.1.1.2 Acceptance Criteria of Concrete Strength

Concrete in a section of the work shall be considered acceptable strength provided both the
following conditions are met with:
a) The average 28 days strength of test results relating to the section of the work exceeds the
specified strength of concrete class by 10% which means that if the concrete grade used is
M40, then the average 28days shall be more than 44N/mm2
b) Any of the individual 28days test results shall not be lesser than 90% of the specified strength
i.e. if the concrete grade is M40 the individual results shall not be less than36N/mm2
19. Non-destructive Tests on Hardened Concrete

If there is doubt about the strength or quality of a particular work or the test results do not comply
with the acceptance criteria as stipulated under clause 16 of IS: 456-2000 non-destructive tests on
hardened concrete (clause 17.8), core test and/or load tests or other type of non destructive tests
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like ultrasonic impulse test etc., shall be carried out, as may be directed by the Engineer / Engineer’s
Representative, by the Contractor at his own cost.
The core tests and load tests shall comply with the requirements of clause 17.4 and 17.6 of IS 456-
2000 respectively. In case of other types of special tests like ultrasonic impulse tests etc., the
stipulation of clause 17.8 of IS: 456-2000 shall be applicable.
20. Concrete below Specified Strength

Should the test cubes fail to meet the minimum specified crushing strength the Engineer / Engineer’s
Representative may take one of the following decisions:-
a) Reject the work and instruct that section of the works to which the failed cubes relate shall
be cut out and replaced at Contractor's expense and the resultant structures affected due to
such rejection shall be made good at contractor's expense.
b) Instruct the Contractor to carry out such additional tests and/or works to ensure the
soundness of the structure at Contractor's expense. This will include, but not limited to,
taking 100-mm diameter core samples for testing at locations to be decided by the Engineer
/ Engineer’s Representative from hardened concrete.
c) Modification/remedial measures if approved by the Engineer / Engineer’s Representative to
be carried out at contractor's expense.
21. Concrete Failed in Non-Destruction Tests

In case the test results of the core tests or load tests in a particular work do not comply with the
requirements of respective clause (17.4 for core test and 17.6 for load tests) of IS: 456-2000 the
whole or part of the work concerned shall be dismantled and replaced by the Contractor as may be
directed by the Engineer / Engineer’s Representative at his cost to the satisfaction of the Engineer /
Engineer’s Representative. No payment for the dismantled concrete including relevant formwork,
reinforcement, embedded fixtures etc. shall be made. In the course of dismantling if any damage
occurs to the adjacent structure or embedded item, the same shall be made good, free of charge by
the Contractor, to the satisfaction of the Engineer / Engineer’s Representative.
22. Rejection of Concrete

Concrete is liable to be rejected if it is porous or honey-combed; its placing has been interrupted
without providing a proper construction joint; the reinforcement has been displaced beyond the
tolerances specified; or construction tolerances have not been met.
23. Finishing of Concrete

On striking the form work, all surface defects such as bulges, ridges and honeycombing etc. observed
shall be brought to the notice of the Engineer. The Engineer may at his discretion allow rectification
by necessary chipping and packing or grouting with concrete or cement mortar. However, if honey-
combing or sagging are of such extent as being undesirable, the Engineer may reject the work totally
and his decision shall be binding. All burrs and uneven faces shall be rubbed smooth with the help of
carborundum stone.
The surface of non-shuttered faces shall be smoothened with a wooden float to give a finish similar
to that of the rubbed down shuttered faces. Concealed concrete faces shall be left as from the
formwork except that honey-combed surface shall be made good as specified above.
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xiv. Steel Reinforcement
1. Material
Reinforcement shall be cut, bent to shape and dimensions as shown in the contractors bar bending
schedules / drawings as approved by the Engineer / Engineer’s Representative.
2. Storage
Steel reinforcement shall be stored in such a manner that they are not in direct contact with ground.
Bars of different classifications and sizes shall be stored separately. In cases of long storage or in
coastal areas, reinforcement shall be stacked above ground level by at least 15 cm, and a coat of
cement wash shall be given to prevent scaling and rusting at no extra cost to the Engineer.
3. Bending and Placing

Bending and placing of bars shall be in conformity with IS: 2502-1963 "Code of Practice for Bending
and Fixing of Bars for Concrete Reinforcement" and IS: 456 -2000 "Code of Practice for Plain and
Reinforced Concrete".
Bar Bending schedule shall be prepared by the Contractor and shall be submitted to the Engineer /
Engineer’s Representative, in triplicate, for approval at least two weeks before the bars are to be
bent. The Engineer / Engineer’s Representative shall check and return one copy for the Contractor's
use, with amendments noted, if any. Any approval given by the Engineer / Engineer’s Representative
shall, in no case relieve the Contractor from being responsible for the accuracy and correctness of
the bar bending schedule.
4. Welding of Reinforcement
Welding of mild steel reinforcement bars conforming to IS: 432 (Part-I) - 1982 shall be done in
accordance with IS: 2751 -1979 "Code of Practice for Welding of Mild Steel Bars used for Reinforced
Concrete construction" with additional precaution that for lap welded joints the throat thickness of
weld beads shall be at least 3 mm or 0.6 times the nominal size of weld (which is the radius of bar)
whichever is more.
Welding of high strength deformed bars conforming to IS: 1786-1985 shall be done in accordance
with IS: 2751 and IS 9417 using electric arc welding process using low hydrogen electrodes (Ferro
Weld- 1 or Ferro Weld-II or equivalent). Oxy-acetylene welding shall not be used.
Butt welding of bars up to 32-mm diameter for vertical splices shall be done either by single bevel
groove weld or double bevel groove weld, with bevel angle 45 degree. Butt welding of bars up to 32
mm diameter for horizontal splices shall be done either by single Vee-groove weld or double Vee-
groove weld with chamfered angle of 45 degree to 60 degree. The diameter of welded joint shall be
1.2 times the diameter of bar. Edge preparation for butt-welding shall be done by shearing,
machining and grinding. Oxy-acetylene flame shall not be used for cutting. Chamfered faces shall be
smoothly finished by hand file if required.
Lap welding of bars up to 20 mm diameter shall have a minimum bead length of 12 times the
diameter of bar or 200 mm whichever is more arranged on one or both sides. The throat thickness of
weld beads shall be 5 mm or 0.75 times the nominal size of weld (which is the radius of bar)
whichever is more. In case of unsymmetrical lap weld with weld bead on one side only, the
maximum length of each weld bead shall be 6 times the diameter of bar or 100 mm (whichever is
more), separated by an equal length in between weld beads. Splice bars used in symmetrical weld
joint shall have same diameter as the parent bars. Lap joint with single splice bars shall have weld
beads on both sides.
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Lap welding of bars above 20 mm shall be done using splice plate or splice angle. Thickness of splice
plate shall not be less than 0.65 times the diameter of bar and width shall not be less than twice the
diameter of bar. The size of splice angle shall be such that its area of cross section is at least 1.62
times the area of bar being spliced.
More than one third of the bars shall not be welded at any one section and welded joints shall be
staggered at a distance of 50 times the diameter of bars. Welding shall not be done at bends or
curved parts of bars and it shall be located at least at a distance of 50 times the diameter of bar from
bends.
5. Mechanical Splicing
Mechanical Splicing with Couplers can be provided for Reinforcement Bars. The couplers shall be of
standard parallel square thread type. Ends of the reinforcement bars, which are to be joined, shall
be enlarged by cold forging, threaded in such a way that root thread diameter is not lesser than the
parent bar to be joined. The material of the coupler shall be of same quality or of superior quality
than the quality of material of the parent bars (i.e. reinforcement bars to be joined). W hen the joint
is tested in universal tensile testing machine, the coupler should withstand to the tensile stress
mentioned below. The coupler shall be qualified as per ASME, Section III, and Div.2. The hand
tightening of coupler shall be sufficient in the field and no mechanical means shall be essential for
tightening.
A) Manufacturing of Couplers
All the couplers shall undergo quality checks on uniformity of threads, dimensional accuracy
etc. Each coupler shall be clearly stamped indicating batch number, diameter for traceability. This
number shall be traceable to the original cast. The relevant material mill certificate shall be
submitted with supply. The certificate shall give salient material properties.
B) Threading o f ends of the reinforcing bars
This threading activity shall preferably be done at site. The various stages involved in threading are as
given below
C) Cutting
The ends of reinforcement bars shall be cut by mechanical means to get a perfect plain end surface,
perpendicular to the axis of the bar.
D) Qualification Tests
ThesplicesshallbequalifiedasperASMESectionIIIDiv-2by conducting followingtests:
6. Tests
Test pieces of welded bars shall be selected and tested in accordance with the provisions of IS 2751-
1979. The number of tests will be as laid down in IS: 2751-1979 or such larger number as the
Engineer / Engineer’s Representative may decide having regard to the circumstances.
7. Cleaning
All steel for reinforcement shall be free from loose scales, rust coatings, oil, grease, paint or other
harmful matters immediately before placing the concrete. To ensure this, reinforcements with rust
coatings shall be cleaned thoroughly before bending/placement of the same.
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8. Placing in position
All reinforcements shall be accurately fixed and maintained in positions as shown on the drawings
and by adequate means like mild steel chairs and/or concrete spacer blocks as required. Bars
intended to be in contact at crossing points, shall be securely tied together at all such points by 20G
annealed soft steel wire or by tack welding in case of bars larger than 25 mm dia, as may be directed
by the Engineer / Engineer’s Representative. Binders shall tightly embrace the bars with which they
are intended to be in contact and shall be securely held. The vertical distance between successive
layers of bars shall be maintained by provision of mild steel spacer bars. They should be spaced such
that the main bars do not sag perceptibly between adjacent spacers.
9. Nominal Cover
Minimum nominal cover to reinforcement shall be 75mm for piles and 50mm for Beam/slabs as per
standard codes (IS 456 -2000).
10. Erection of Embedded Metallic Parts, Inserts, Conduits

Bolts and inserts and pipes, which are required to be embedded in concrete members, shall be
securely fixed in position as shown in the drawings, before commencement of concreting. Bolts shall
be checked for accuracy in alignment on both the axes. Limits of tolerance in alignment and level
shall be as shown in the drawing or described elsewhere in these specifications.
Where bolts are housed in sleeves, special care shall be taken after concreting is over and has partly
set to ensure that the bolts move within the sleeves. The annular space of the sleeve shall be
plugged with suitable stoppers to prevent the ingress of water, grout, dust, rubbish or other foreign
material into it, both during and after concreting. Opened conduits shall be plugged similarly. Where
channels, unshapely profiles or other similar inserts are required to be placed in concrete, special
care shall be taken to keep the grooves of such profiles free from the ingress of concrete, slurry etc.,
by suitable packing material, if necessary.
All threads for bolts and inserts shall be greased at intervals and kept covered to prevent damage.
Necessary templates, jigs, fixtures, supports shall be used as may be specified or required or directed
by the Engineer / Engineer’s Representative free of cost to the Engineer.
Exposed surfaces of embedded materials shall be painted with one coat of anti corrosive paint or
bituminous paint, as desired, without any extra cost to the Engineer. If welding is to be done
subsequently on the exposed surfaces of the embedded parts, the painting for a length of 50mm
beyond each side of the weld line shall be cleaned off.
11. Substitution
When indicated diameter of reinforcement bar is not available, the Contractor shall use other
diameter of reinforcement bars on written approval of the Engineer.
xv. Shuttering
The formwork for concrete structures shall be as per IS 14687. The Contractor shall design all
shuttering, formwork, supports and staging. The Contractor shall submit drawings and calculations to
the Engineer / Engineer’s Representative for scrutiny when called upon to do so. The shuttering shall
be designed for a live load in addition to the weight of the green concrete, or such other load
considered being necessary. The Contractor shall be responsible for the correctness and strength of
the formwork including its supports.
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1. Material
The staging and supports may be made of Steel or Water-proof Plywood. These shall be securely
jointed or otherwise fastened and spaced at suitable intervals as the design may warrant and shall be
suitably braced at regular intervals horizontally and diagonally.
The formwork shall be of steel plate on steel frame, wooden boards with steel sheet lining, or
plywood or seasoned timber board.
2. Fixing
The shuttering shall conform to the shapes, lines, levels and dimensions shown in the drawing. It
shall be fixed in perfect alignment and securely braced so as to be able to withstand, without
appreciable displacement, deflection or movement of any kind, the weight of all construction,
movement of persons and plant. It shall be so constructed as to remain rigid during the placing and
compacting of concrete without shifting or yielding and shall be sufficiently water tight to prevent
loss of slurry from the concrete.
All props shall be supported on sole plates and double wedges. At the time of removing props these
wedges shall be gently eased and not knocked out. The formwork shall be so designed that the sides
are independent of the soffits and the side forms can be removed easily without any damage or
shock to the concrete.
3. Contractors Responsibility
Any damage resulting from faulty preparation, premature or careless removal of shuttering shall be
made good by the Contractor at his own expenses.
4. Irrecoverable Shuttering
In cases where the shuttering cannot be removed without damaging the structure itself or where
removal of shuttering is rendered impossible due to the nature of construction or where the
Engineer / Engineer’s Representative may so instruct, such shuttering shall be classified as
irrecoverable shuttering. However, such abandoning of shuttering will be permitted only in situations
where it will not remain exposed or otherwise cause damage of any kind. Such costs will have to be
borne by the contractor.
5. Chamfers and Fillets

All corners and angles shall be formed with 45 degree mouldings to form chamfers or fillets on the
finished concrete. The standard dimensions of chamfer and fillets, unless otherwise detailed or
specified shall be 25x25mm.For heavier work chamfers or fillets shall be 50x50mm. Care shall be
exercised to ensure accurate mouldings. The diagonal face of the moulding shall be planed or
surfaced to the same texture as the forms to which it is attached.
6. Reuse of Forms
Before reuse, all forms shall be thoroughly scrapped, cleaned, examined and when necessary,
repaired and retreated, before resetting. Formwork shall not be reused, if declared unfit or un-
serviceable by the Engineer
xvi. Grout
The scope covers the grouting under base plates, grouting between the joints of precast concrete,
grouting the pockets/holes/opening etc.
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1. Grouting under Base Plates
Grouting under base plates of equipments/structures shall be of cement mortar 1:2 for thickness up
to 25 mm. For thickness exceeding 25 mm, concrete using 10 mm down graded aggregates shall be
used. The grout shall be placed in position well rammed until the whole space is completely filled
with concrete. No vibrators shall be used. Quick setting cements shall be used in the preparation of
mortar or concrete, where so specified.
The grout shall either be "dry" concrete or mortar or "wet expanding" concrete or mortar as the
Engineer / Engineer’s Representative may direct. A dry grout shall have a slump not exceeding 6 mm.
It shall be rammed under the horizontal surface with the aid of suitable tools. A "wet expanding"
grout shall have a slump of at least 125 mm but not exceeding 225 mm. To this shall be added an
expanding admixture approved by the Engineer / Engineer’s Representative and in accordance to the
Manufacturer's instructions.
2. Grouting the Pockets/Holes in Concrete

Depending upon the size of the pockets/holes in the concrete, the mix of the grout shall be either of
concrete or of cement sand mortars. In filling the holes of foundation bolts an expanding admixture
of approved type shall be used as per manufacturer's specification.
3. Workmanship
The surface of the concrete over which grouting is to be applied shall be thoroughly prepared to
provide a clean rough surface. If necessary, chipping shall be carried out on such surface to make it
completely rough. Then the surface shall be wetted. Bolt pockets shall be cleaned immediately
before the base plate is placed in position. Before grouting the surface shall be thoroughly cleaned
with compressed air/water jet.
Before placement of grout, the surfaces (except in the case of bolt holes) shall be wetted with
cement slurry. In case of bolt holes/pockets water from such pockets shall be thoroughly removed by
some suitable means and no cement slurry shall be applied.
Hand mixing is not permitted and the grout shall always be machine mixed. If however in some
special cases where the quantity of grout is so small that it cannot be machine mixed, hand mixing
may be allowed but the same shall be done under the strict supervision of an experienced supervisor
of the Contractor.
The grout shall be placed within 30 minutes of being mixed. The grout shall be poured and then
worked into position by suitable means until the space is completely filled. The Contractor shall take
all possible measures during grouting so that the grout fills the space completely and thoroughly.
Where the gap is very small or unapproachable for the placement of concrete, the Contractor shall
grout by pressure grouting and in that case the mix may be of cement sand mortar of the appropriate
grade but in any case the water cement ratio shall be as low as possible. Neither "Dry" grout (having
slump 6mm or less) nor expanding wet grout shall be grouted with any type of vibrating machine
4. Curing
After 10 hours of grouting, the same shall be covered with wet gunny bags and the surface shall be
kept continuously moist at least for 10 days.
xvii. Precast Concrete

The requirement of the clauses relating to concrete and reinforced concrete shall be observed in the
case of precast concrete work so far as they are applicable, as well as the following requirements
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relating to the pre-cast concrete work, in particular. All precast units shall be cast on a suitable bed or
platform with firm foundations and free from wind.
1. Pre-casting Yard
The pre-cast units shall be cast on or their shutters supported from a suitably prepared level,
unyielding paved area. Contractor shall be responsible for the accuracy of the level of shape of the
bed of platform.
All precast units shall be cast on suitable yard, beds or platforms with firm foundation and free from
wind. The platforms shall have smooth plaster finish. The yard shall be fenced and shall have a
curing tank of adequate size. The Contractor shall be responsible for the accuracy of the level or
shape of the bed or platforms. Each unit shall be cast in one operation and proper serial number and
date of casting shall be impressed or painted on it.
When units are cast directly on to concrete floor slab, Contractor shall ensure that the parts of the
floor on which the units rest are sufficiently smooth and level or are made so by laying temporary
screeding which must be removable without damage to the floor surface, in all cases a membrane of
waxed paper or other approved material shall be carefully laid on the floor underneath the moulds to
prevent the concrete adhering to the floor.
Holes for Fixing, Service etc
a) Holes shall be formed at the positions shown in the drawing or as approved by the Engineer /
Engineer’s Representative, using appropriate template or any other approved forms prior to
concreting.
b) Holes for fixing precast units shall be cored accurately in the positions if shown in the
drawings and at right angles to the surfaces from which they are cored unless otherwise
shown or approved by Engineer / Engineer’s Representative.
c) Holes to receive fixing bolts which bear on the surface of the holes shall be permanently
cored with galvanized steel tube, the ends of which must finish flush with the surface unit.
d) No holes shall be made in the hardened concrete without the permission of the Engineer /
Engineer’s Representative.
e) Necessary lifting hooks of suitable (not less than 12mm dia) M.S rounds shall be provided for
handling.
2. Shutters
All shutters shall be strongly constructed closely and joined smoothly to ensure true sharp and a
perfect surface. Shutters are to be so designed that they can be taken apart and reassembled readily.
The formwork for moulds shall be constructed of well-seasoned timber or steel sheets such as to
give a form finished surface. All component parts of formwork shall be so hold that during
concreting, there is no deformation of the form resulting the units not conforming to dimensions and
there is no leakage of cement slurry, while steel sheets with rigid steel frames may be used, surfaces
with plywood backing and plastic or Formica lining is preferred for form finish. However, where
linings are not used, special form oils approved by the Engineer / Engineer’s Representative shall be
used. The oils that give stains to the surfaces shall not be permitted. There should be no visible
offset, bulges or misalignment of concrete.
Precast concrete beams, and similar other units shall be cambered wherever shown in the drawing
or directed by the Engineer / Engineer’s Representative.
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3. Casting Tolerance
The casting tolerances, unless otherwise ordered or directed, shall be within 3 mm. of true
dimensions.
4. Striking Shutters
The method and time after casting of units and striking the side shutters shall be subject to approval
of the Engineer / Engineer’s Representative and as per the provisions of relevant IS codes. In the
event of any damage resulting from premature removal of shutters or from any other cause, the unit
or units concerned will be liable to rejection and to replacement by the Contractor at his own cost.
5. Curing
All pre-cast work shall be protected from the direct ray of the sun for at least 10 days after casting
and during that period each unit shall be kept constantly watered or preferably be completely
immersed in water; curing shall be at least for 15 days. The units shall be built in to their positions
not earlier than 28 days after the date of casting.
6. Lifting and Stacking

Lifting and stacking of pre-cast units shall be undertaken without causing shock, vibration or undue
stress to or in the units. Pre-cast units shall not be lifted, transported or used in the works until they
are sufficiently matured; the crushing test on the test cubes which are to be kept with the pre-cast
units will be used to assess the maturity of the units. The Contractor shall satisfy the Engineer /
Engineer’s Representative that the methods he proposes for lifting, transporting and setting pre-cast
units will not overstress or damage the units in any way. In the event of damage, unit or units
concerned will be liable to rejection and if so rejected shall be immediately broken up and removed
from the Site. The Contractor shall replace such rejected units at his own cost.
7. Marking
The Contractor shall ensure that all pre-cast units are properly marked in clean and legible manner
with the reference number and the date of casting, which information shall be clearly visible where
the units are stacked. Reinforced pre¬-cast members shall be clearly marked to indicate the top face.
8. Pre-casting Records
Full and accurate records are to be maintained for all pre-cast work. Every unit shall have a reference
number. Date of casting, date of removal from bed and date and position of placing shall be recorded
together with test cube results.
9. Cast in Items
Fittings and items of embedment which are to be set in position before the surrounding concrete is
deposited shall be protected by painting or otherwise, as directed by Engineer / Engineer’s
Representative, against the defects of the water in and chemical action of concrete. Particular care
shall be taken to ensure that concrete completely surrounds and is in intimate contact with all casts
in items and is properly compacted thereabout.
10. Dimensionof Pre-cast Units

a) The Contractor shall before commencing manufacture of pre-cast units; check all dimensions
on the detail drawings governing accuracy of fit and assembly in accordance with the general
arrangement and assembly drawings.
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b) The dimensions of pre-cast units must not vary by more than the tolerance specified and any
unit, which shall not comply with the same, shall be rejected at the directions of the Engineer
/ Engineer’s Representative. Any loss of material / labour on account of rejection shall be
borne by the Contractor.
11. Transport, Storage & Placing

Transportation of all units to the site will only be allowed either:
 28 days after fabrication,
 after the required compressive strength is reached
Transportation, storage and placing of the pre-cast concrete units shall be done carefully and in such
a way as to avoid damage and to keep the surfaces of the units free from dirt or other undesirable
marks.
Loading and unloading, storage and placing of the pre-cast concrete units at the Site shall be done by
skilled labour and under supervision of a competent supervisor.
Lifting and handling of pre-cast concrete shall be done only at the positions shown on the approved
drawings and only vertical lifts will be allowed.
During storage, pre-cast concrete units shall be supported on blocks placed exactly under the bearing
locations and at no other points.
During transport, storage and placing, the contractor must take all necessary precautions to avoid
damage to the reinforcement of the pre-cast concrete units.
All lifting, handling and storage procedures shall be got approved by the Engineer / Engineer’s
Representative before their implementation.
Any proposal for erection equipment, temporary works and abnormal loading on a member during
construction shall be submitted to the Engineer / Engineer’s Representative for information
No pre-cast concrete unit shall be laid on its side or upside down, unless such a position is shown by
calculation for the satisfaction of the Engineer / Engineer’s Representative.
Any pre-cast concrete unit, which is damaged or has any perceptible faults, will be liable to be
rejected by the Engineer / Engineer’s Representative.
Except in the case of service duct covers and unless otherwise specified or shown on the Drawings,
approved bearing or washing pads shall be inserted at all joints an seating to prevent direct contact
of concrete to concrete or concrete to steel.
12. Joints between Pre-cast Deck Unit

All surfaces of pre-cast units, which will eventually be joined to other pre-cast units or in-situ
concrete or mortar, shall be treated as previously specified under construction joints. However,
joints specified to be filled with dry packed concrete shall not have their surface coated with mortar.
Continuous concreting shall be done in a single operation as per the requirements of IS 456 and IS
2974.
xviii. BORED CAST-IN-SITU CONCRETE PILE

This specification covers the piling work required for the proposed liquid cargo Berths. The
Contractor shall be deemed to have visited & carefully examined the site & surrounding, and satisfied
himself about the site condition etc. and all other matters affecting the work. Claims and objections
due to ignorance of site condition shall not be considered after submission of tender.
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The Geo technical Investigation Report available for reference. Information given in bore logs is to be
followed as guidance only and for any discrepancy found therein during execution, the Employer is
not responsible. The Contractor at his cost if required shall carry out any additional geotechnical
investigation. The contractor shall be responsible for verifying and interpreting all such data
furnished by the Employer
1. Codes/ Standard
Design, Construction and testing of bored piles shall be carried out in accordance with the relevant
sections of IS: 2911 (Part I/Section 2)- 1979: 'Code of practice for design & construction of Bored
Cast- in- Situ concrete piles' in conjunction with this specification. If for any material or workmanship,
appropriate Indian Standards or Codes are not available or have not been adequately specified in the
Technical Specification, such materials& workmanship shall conform to other suitable Standard &
Codes as may be approved by the Engineer / Engineer’s Representative.
In case of any conflict between the requirement of this specification & those of the referred codes /
standards, the former shall govern. Any special requirements as shown or noted on the approved
drawings shall govern over this specification.
2. Materials
All the materials proposed to be used, shall be free from any objectionable substances, shall confirm
the following stipulation & shall be approved by the Engineer / Engineer’s Representative. Any
testing required proving the suitability of such materials should be carried out by the contractor at
his own cost & in the presence of the Engineer / Engineer’s Representative. Any material rejected by
the Engineer / Engineer’s Representative shall be immediately removed from the site.
Reinforced Cement Concrete for Piles shall be with minimum Cement content of 400 Kg/m3 and the
Maximum shall be 450 Kg/m3. The slump of concrete for piles shall be between 100 mm to 180 mm.
The water-cement ratio shall not exceed 0.45.The minimum grade of concrete for piles is M40. To
achieve the specified slump using specified water cement ratio without compromising with strength,
if required, suitable admixtures shall be used subject to approval of the Engineer / Engineer’s
Representative.
Preliminary mix design shall be done in accordance with IS: 10262-1982 & SP: 23 subject to approval
of the Engineer / Engineer’s Representative. Cube tests, slump test & other relevant tests for
preliminary mix design and Routine cube test, slump test for regular concreting shall be carried out at
site / site laboratory at contractor's own cost. Concrete cube tests shall be done as per IS:516-1959.
The calibration certificate of the testing machine done freshly shall be available at site. If the
Engineer / Engineer’s Representative has any doubt about the calibration, the contractor has to
check the same at an approved laboratory at his own cost. All such tests shall be conducted in
presence of Engineer / Engineer’s Representative. Frequency of cube test shall be guided by clause
15.2 of IS: 456-2000 or at any deterioration in concrete quality if felt by Engineer / Engineer’s
Representative, whichever occurs earlier. Slump tests (apparatus conforming to IS: 7320-1974) shall
be carried out at least once for each pile or more frequently, if desired by the Engineer / Engineer’s
Representative.
3. Equipment & Accessories

The equipment & accessories should be compatible with the type of sub-soil, method of installation,
type of founding strata & required penetration in the founding strata.
The capacity of rig shall be adequate so as to bore up to required depth with specified diameter. Rig
shall be equipped with suitable chisel or chopper to penetrate through any local obstruction/ hard
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strata including solid rock, if required. No excuses, whatsoever, in relation to the inability of
equipment shall be entertained during execution of work.
Contractor must furnish a detailed list of equipment & accessories (in sufficient quantities to
complete the job within scheduled time frame & as per specification) to be deployed by him for this
job indicating quantity, type, capacity/dimension & model/make of each along with his offer &
reconfirm the same, in writing immediately after mobilisation to site.
For the purpose of marine piling works the Contractor shall maintain minimum 4 Piling Rigs on
each gantry throughout the period of piling for marine works.
4. Method of Construction
The contractor shall furnish to the Engineer / Engineer’s Representative, before commencing the
work detailed method of construction he intends to adopt for piling work together with the program
of construction.
5. Boring
Boring shall generally be carried out by recommended procedure as set out in IS: 2911 by rotary or
percussion equipment, grabing equipment or by reverse or direct mud circulation method.
Boring of any pile shall not be carried out if any of the adjacent pile within a clear distance of 5m, had
been freshly concreted within past 24 hours
If soil is found to be unstable it shall be stabilised by using casing / liners of suitable thickness with a
stiffener at the bottom depending upon the diameter of the piles and soil conditions. Casing or liner
plates shall be provided from cut-off level up to 5m below the Existing Bed Level (or) 1m below Final
Dredge Level whichever is maximum. The method of boring & providing casing shall be such that the
finished cross section of concrete pile shaft at any location shall be not less than that shown in the
drawing. The Contractor shall submit with the tender his method of boring & providing liner plates or
casing where required.
Bentonite if used shall be of the best quality. Bentonite shall be mixed thoroughly with clean fresh
water to make a suspension, which will maintain of the pile excavation for the period, necessary to
place concrete and complete construction. It should form a suspension, which remains stable for the
construction of marine piles. Necessary tests shall be conducted periodically as directed by the
During the course of boring if hard layers are encountered, chisel or a chopper may be used. The
piles shall be installed with due consideration for safety of adjacent structures by a method, which
leaves their strength unimpaired, and which develops and retains the required bearing resistance.
6. Termination Criteria of Piles:

It shall be ensured that the pile is founded in suitable strata. Before founding the pile SPT shall be
conducted at the proposed founding level. Founding level of each pile will be individually approved
by the Engineer / Engineer’s Representative satisfying himself from observations and all data
including SPT tests at his disposal, of the soundness of the end-bearing stratum. In case of rocky
strata the pile shall be socketed a minimum of one diameter of the pile or as directed by the Engineer
/ Engineer’s Representative. In other soils the penetration shall be as per designs, with the approval
of the Engineer / Engineer’s Representative.
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7. Reinforcement
Reinforcement as required shall be made into stiff cages sufficiently welded to withstand handling
without any damage or distortion. The bars shall be placed as not to impede the placing of the
concrete. Reinforcement shall be placed immediately after cleaning and inspection of the bottom of
bore holes. The reinforcement should be supported away from the sides of the shaft by means of
suitable spacer blocks (75mm) to ensure concentric alignment in the shaft. Steps shall be taken to
ensure correct positioning of reinforcement in the piles without any distortion during concreting.
8. Formation of Pile
Immediately before placing of reinforcement and concreting, the bored hole shall be cleaned of all
the loose material, debris and all the water shall be removed.
Then the bored hole shall be cleaned with Air Flushing before flushing the bore with fresh Bentonite
slurry (if used) to completely replace the old Bentonite slurry used during the previous operations.
This shall be carried out for about 45 minutes.
Upon completion of cleaning of the pile shaft, a sample of Bentonite suspension shall be taken from
the base of the pile shaft using an approved sampling device. If the specific gravity of the Bentonite
suspension exceeds 1.10 or its sand content exceeds 2%, the placing of concrete shall not proceed. In
this event, the contractor shall modify or replace the Bentonite or continue cleaning the bottom of
the shaft as directed by the Engineer / Engineer’s Representative.
Contractor has to ensure the maintenance of bored depth both at pre & post flushing stage.
Immediately after cleaning concrete shall be so placed as to fill the entire volume of the tube or bore
without the formation of voids caused by the faulty consolidation or entrapped air. Proper care shall
be taken to ensure that the fluid alluvial soil does not penetrate between batches of the concrete.
In case of boreholes stabilised by Bentonite slurry or under water, concrete shall be placed by means
of tremie pipe. The tremie pipe must extend up to the bottom of the borehole at the start and may
be withdrawn in sections as the level of concrete rises in the borehole, but its discharge end shall at
all times be embedded in the concrete to a minimum depth of 2 m to avoid mixing of fresh concrete
with Bentonite slurry. Placing of concrete should be continuous and the pile holes will be maintained
full with the Bentonite slurry where used throughout the concreting operation. Used Bentonite,
containing muck, debris arising from boring of pile shall be collected, transported and disposed off at
a place to be identified by the Engineer / Engineer’s Representative. Rate for boring quoted by the
Contractor shall include the expenses incurred of such disposal.
Temporary stoppage of work may be permitted only during boring stage. Thereafter right from
boring or chiselling of final portion of pile length through subsequent activities of flushing, lowering
of reinforcement cage, lowering of tremie, pre-concrete flushing & up to concreting of full pile
length, no halt whatsoever in the execution of work shall be permitted. During execution continuous
delivery of concrete shall be guaranteed in-order to minimise the re-handling of the concrete.
Concreting of pile shall continue until the pile is fully formed up to a level not less than 600mm above
the cut off level of piles and the top of the piles shall be brought up above the cut off level / finished
level to permit all laitance and weak concrete to be removed and to ensure that it can be properly
keyed into the cap. Any defective concrete in the head of the completed pile shall be cut away and
made good with new concrete and bonded into the old. Trimming of pile top shall not be permitted
before 7 days of concreting in case of mechanical chipping and 3 days in case of manual chipping.
Page 240
9. Standard of Acceptance
The piles shall be accepted as satisfactory only when the work has been executed in accordance with
this specification, IS Codes, and the Standards stated below, and any instructions given by
Engineer / Engineer’s Representative at site from time to time:
a) The total volume of concrete shall not be less than 95%and not more than 120% of the actual
shaft volume. The calculated volume for this purpose shall be the cross sectional area inside
the bore multiplied by the length of the shaft (i.e. from cut off level to founding level). If
actual quantity is found to be considerably less than 95% special investigation shall be
conducted and appropriate measures taken.
b) The concrete shall be of the design strength (as per acceptance criteria) by the cube test
results.
c) The toe of pile shall be at approved bearing level in each case
d) The pile shall not be out of plumb by more than 2%
e) The tilting of the head of the pile at top shall not be more than 75 mm.
If an individual pile fails to meet the requirements specified in any of above clause/s, such pile shall
be deemed to be defective.
When any pile is found defective, such piles shall be rejected and one or more piles shall be installed
as a replacement of defective pile as necessary without any extra cost to Employer and with the
approval of Engineer / Engineer’s Representative. Defective piles shall be left in place.
During construction it shall be ensured that all piles are properly braced by suitable ISMC / ISMB to
avoid any tilting of the piles after concreting till they are permanently interconnected by regular
beams
10. Record
The contractor shall maintain a record for each pile indicating the following data and shall be signed
jointly with Engineer / Engineer’s Representative.
a) The date and time of commencement and completion of the piling operation
b) The particulars of the equipment and method of boring and concreting.
c) The location and type of pile, Pile number, with a reference to approved drawings.
d) The diameter of the pile and verticality.
e) Bored depth, concreted depth and nature of strata at founding Level.
f) The volume of concrete poured, quantity of cement, w/c ratio used and Slump of poured
concrete.
g) Details of reinforcement provided.
h) The sequence of installation of pile groups.
i) During boring operation, a separate record for rate of advancement of borehole in terms of
effective time vs. boring depth shall be maintained for each pile. The effective time implies
the time required exclusively for boring operation barring the time for other activities such as
Temporary stoppage, cleaning of hole, in-situ tests, if taken etc.
Page 241
11. Pile Testing
I. Initial Pile Load Test – Vertical Load
Initial Vertical load test shall be carried out on the specially constructed test piles. The test pile can
be land based in the close vicinity of the piling area and shall simulate conditions there at. Test load
shall be 2.5 times the design load or pile failure whichever is earlier. Preparation of pile and other
procedures of testing etc. shall carried out as per the instructions of Engineer the Engineer /
Engineer’s Representative. Cost of test pile shall be deemed to be inclusive in the overall price
quoted.
II. Initial Pile Load Test – Lateral Load
The test shall be carried out on the specially constructed test piles as stated above. Test load shall be
carried out in accordance with IS: 2911- (Part-IV). Preparation of pile and other procedures of testing
etc. shall carried out as per the instructions of Engineer the Engineer / Engineer’s Representative.
III. Integrity Testing
Non-destructive integrity testing of all bored piles, shall be conducted using the low strain sonic
diagnostic system consisting of hammer, low 'g' accelerometer with amplifier, pile integrity tester,
portable computer system, graphics printer, etc. all complete. Qualified and experienced specialists
in this field shall conduct the test. Engineer’s / Engineer’s Representative decision shall be final
regarding acceptance of piles passing integrity test but of questionable workmanship.
IV. Dynamic Test
High strain dynamic testing of bored piles, as decided by the Engineer / Engineer’s representative
shall be conducted as ASTM D4945. The test set up comprises of
 Apparatus for applying impact force
 Apparatus for obtaining dynamic measurements,
 Apparatus for Recording, Reducing & Displaying data.
Qualified and experienced specialists in this field shall conduct the test. Engineer’s / Engineer’s
Representative decision shall be final regarding acceptance of piles passing test but of questionable
workmanship.
V. Minimum Number of Samples/Tests
Sl No. TESTING OF PILES NUMBER OF TESTS
Vertical- 1 nos
1 Initial Pile load test
Horizontal – 1nos.
2 Pile Integrity test 100% of total number of piles
3 Pile Dynamic test 10% of total number of piles
d. Safety and Security Systems :

. All Safety and Security Systems shall be designed by the Contractor as per Industrial standards and
prevailing code of practice.
Page 242
e. Portable/Field Communication System
Portable VHF equipment for coordinating the operations between the control room and jetty area
shall be provided, meeting the statutory requirements.
d) List of Approved Vendors

The list of Approved Vendors for MAJOR ITEMS is as follows:
Sl No Description/ Material Quality/Brand
1. Marine Civil Works
1-1. Cement Ultratech, Birla, Ambuja or equivalent
1-2. Reinforcement Bars TATA, SAIL, RINL, JSW, JSPL, Steel or equivalent
1-3. Structural Steel TATA, SAIL, RINL, JSW, JSPL or equivalent
1-4. Mechanical Splicing – Couplers Dextra, Bartec or equivalent
1-5. Admixtures for Concrete BASF, FOSROC or its equivalent
1-6. Concrete Penetrating Corrosion EPCO KP-200 or equivalent

Inhibiting Admixture
1-7. High Build Coal Tar Epoxy Coating Krishna Conchem, STP or equivalent
1-8. Protective coat for Concrete Licensed suppliers of Interpenetrating Polymer

Surface - Exposed to UV Network Coating System (IPNet)
1-9. Polypropylene fibres for Recron 3s or its equivalent

secondary reinforcement in
Screed Concrete
1-10. Fender System Bridgestone, Trelleborg, Sumitomo, Shibata or

equivalent
1-11. Bollards Trelleborg, Richard marine, E J Bean, Harbour marine ,

Marine International or equivalent
Page 243
LIST OF DRAWINGS
Page 244
Appendix VII
Annex-II
SCHEDULE OF QUANTITIES AND RATES
Page 245

Mumbai Port Trust: Tender No.

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Mumbai Port Trust: Tender No.

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CIVIL ENGINEERING

Mumbai Port Trust

Tender No.: CE. KALH/EPC/2018

TENDER ACTIVITY SHEET

Sr.. Particulars Date Time

2. Document Download start date 20/08/2018 10:00 Hrs.

3. Document Download End Date 24/09/2018 15:00 Hrs.

4. Pre-Bid Meeting Date 05/09/2018 15:00 Hrs.

5. Replies to Pre-Bid Queries 12/09/2018 15:00 Hrs.

6. Bid Submission Start Date 14/09/2018 10:00 Hrs.

7. Bid Submission End Date 24/09/2018 15:00 Hrs

8. Technical Bid Opening Date 26/09/2018 11:00 Hrs.

I/We, M/s ____________________________________________ have

Tel. No. : Tel. No. :

B. PART II : COMMERCIAL and PRICE

Estimated Project Cost Rs 853 Lakh

(B) Technical Criteria:

1b. Construction of waiting area and information kiosk in temporary

1c. Construction of eatery / cafeteria in temporary structure in

1d. Construction of souvenir shop.

1f. Revamping of existing rooms in light house building.

1g. Development of restaurant in existing canteen and store.

1h. Construction of Gazebo.

1i. Semi paved pathway, trekking path, hardscaping area etc.

1j. Providing public amenities (water dispenser and bio-toilets).

1l. Providing temporary tents, adventure water sports equipments,

1m. Providing D. G. set of 25 kva.

1n. Providing solar paneling (150 kw).

1o. Providing lighting in the area, illumination throughout

1p. Providing fire-fighting system, emergency service (Medical /First-Aid)

4. Joint Venture/ Consortium:

B. Consortium: The Consortium between maximum of three firms can be

Note: MOU shall be on Non Judicial stamp paper duly notarized.

(d) The tender documents are NOT TRANSFERABLE.

9. Financial Bid Second Cover alongwith NIL

20. Third Party monitoring of works/ projects-

MUMBAI PORT TRUST

Information to be furnished by the Tenderer

1. Name of the Tenderer:

(In case of Joint Venture, tenderer is required to submit

a Joint Venture Agreement between the parties)

2. Registered Office Address:

5. Signatory to the Tender:

(on whose name Power of Attorney has been issued)

Position held in the firm:

6. Permanent Income Tax Account No. (PAN) of the firm:

8. Average Annual Financial Turn-over of the

(Details to be furnished as per Proforma 1)

31st July 2018 31st July 2018 31st July 2018

Notes : Complete details of the above works to be furnished as per Proforma 2.

10. List of other Documents to be furnished by the tenderer:

i) Power of Attorney of signatory to Tender (Notary attested copy)

(Certified by Chartered Accountant)

iv) Copy of PAN card issued by Income Tax authorities.

v) Attested copy of TDS certificate or Form 26 AS.

Signature of Tenderer : ____________________

Name of the Signatory : __________________________

Seal of the Tenderer

During Last Three Years Ending on 31-03-2018

( Ref : Clause 2 of the Tender Notice )

Average Annual Turnover

Note : Signature of Chartered Accountant is a must.

NAME, SIGNATURE & SEAL OF