Satellite Port at Bheemili 04.05.12

ISO9001
ISO14001
OHSAS18001
VISAKHAPATNAM PORT TRUST
PROPOSAL DOCUMENT FOR CONSULTANCY SERVICES FOR DEVELOPMENT OF SATELLITE PORT AT BHEEMUNIPATNAM INCLUDING NEW FISHING HARBOUR
ADMINISTRATIVE OFFICE BUILDING, 3rd FLOOR,VISAKHAPATNAM PORT TRUST, VISAKHAPATNAM - 530035 MAY 2012
VISAKHAPATNAM PORT TRUST

(ENGINEERING DEPARTMENT)
No. IENG / EE(P&E) / Bheemili / 2012 DT. 04.05.2012 PROPOSAL DOCUMENT FOR CONSULTANCY SERVICES FOR Development of Satellite Port at Bheemunipatnam including New Fishing Harbour
PROPOSAL COPY No. ISSUED TO
_____________________________________________ _____________________________________________ ___
IENG / EE(P&E) / OTOH / 2001 To, _________________________ ___________________________ ___________________________
Date : 04.05.2012
SUBJECT : CONSULTANCY SERVICES DEVELOPMENT OF SATELLITE PORT AT BHEEMUNIPATNAM INCLUDING NEW FISHING HARBOUR TENDER No IENG / EE(P&E) / Bheemili / 2012 DT. 04.05.2012 Dear Sir, 1 2. 3. You have applied for issue of proposal document for the subject work. Copy No. ______ of the proposal document is enclosed. You are strongly advised to read the whole document carefully and submit your proposal/ bid strictly meeting with the requirements spelt out in the proposal document. Please note that you must submit independent documentary evidence to establish that "MINIMUM ELEGIBILITY CRITERIA" as spelt out in the proposal notice and proposal document is fully met with irrespective of the fact that you might have submitted similar evidence to VPT in respect of some other works or at the time of issue of blank proposal document. Please note that if your submission is found deficient with reference to the requirements spelt out in the proposal document, it may be rejected. Please note that you must read clause no.2.6.2 of proposal document and submit all relevant information required strictly. Avoid submission of irrelevant papers and vague information. All the required information shall be self explainable. Please note that if you are furnishing work experience certificate of works executed in private agencies to qualify for the work, you should submit TDS Certificate along with work order and completion certificate duly signed copies shall be submitted. Please note that, you are responsible for action to be taken by VPT as deemed fit in case the information submitted by you is found fake / false subsequently. Thanking you, Yours faithfully, CHIEF ENGINEER
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Visakhapatnam Port Trust, India IENG / EE(P&E) / Satellite Port / 2012 DT. 04.05.2012
CONSULTANCY SERVICES FOR "DEVELOPMENT OF SATELLITE PORT AT BHEEMUNIPATNAM INCLUDING NEW FISHING HARBOUR INDEX Sr. No. 1 2 3 4 5 6 Description Cover page Proposal Copy No Covering Letter Index Notice Inviting Proposal Background, General Information and Procedures for Submission and Scrutiny Criteria for Evaluation of Proposals General Conditions Site Information Annexe - I - Terms of Reference. Annexe - II - Application letter Annexe - III Financial Proposal Annexe - IV - Form of Bank Guarantee for Performance Security. Annexe-V - Form of Agreement. Annexe-VI -Format in case of Joint Venture/consortium Annexe-VII (A) and (B) Power of Attorney Appendix A - Key Personnel and Sub-consultant Appendix B - Hours of work for key personnel Appendix C - Duties of the Employer Appendix D - Drawing Page No. 1 2 3 4 5-9 11-27
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29-33 35-56 58-67 69-101 103 105-108 110-112
14 15 16 17 18 19 20
114-115 117-118 120-121 123-127 129 131 133
Proposal Document for: Consultancy services for A) Development of Additional Berthing Facilities at Outer to Outer Harbour B) Development of additional berths at Bheemili
NOTICE INVITING TENDERS
Proposal Document for: Consultancy services for Development of Satellite Port at Bheemunipatnamr including New Fishing Harbour
NOTICE INVITING PROPOSAL FOR CONSULTANCY SERVICES FOR DEVELOPMENT SATELLITE PORT AT BHEEMUNIPATNAM INCLUDING NEW FISHING HARBOUR Vizag Port invites sealed proposal in two cover formats from experienced parties for Consultancy Services for " Development of Satellite Port at Bheemunipatnam including New Fishing Harbour". The salient features are as under. 1. THE PORT: Visakhapatnam Port Trust, located on the East Coast of India in between Chennai and Kolkata(latitude 1741 N and Longitude 8317 E), was opened to commercial shipping on 7th October 1933. The Port serves a vast hinterland comprising primary and secondary service area, which includes Chatisghar, Jharkhand, Bihar, Utter Pradesh, Madhya Pradesh and parts of Orissa, West Bengal and Punjab. 2. 2.1 THE PROJECT: VPT wishes to invite bids from experienced party/parties to provide consultancy services for " Development of Additional berths at Bheemunipatnam ". The Consultancy proposal is to be submitted in two cover system. The first cover to contain "Technical proposal" and second cover the "Financial proposal". The objective of this consultancy service is to provide qualitative consultancy services for preparation of A.: Feasibility Report B.: Detailed Project Report and project structuring if found feasible C : Project Management Consultancy Services for implementation The focus of feasibility study should be on analysis of the existing situation, nature and magnitude of problems to be addressed, need and justification for the project in the context of the prevailing & future scenario at VPT in specific and other relevant and related factors like national priorities, alternative strategies, initial environmental and social impact analysis, stake holder commitment and risk factors. The consultant shall prepare Feasibility Report duly considering necessary traffic studies, investigations, preparing estimates, carrying out traffic and financial analysis and all that required and should establish whether the project is conceptually sound and feasible from technically, economically, environmental and other relevant and related factors including feasible financial models to enable to take a decision by the employer. The consultants shall prepare the estimate based on the market rates with necessary rate analysis and shall carry out financial analysis to arrive at IRR and EIRR. The consultants shall also assist in obtaining various
clearances from the Government and other statutory bodies. The consultant shall prepare DPR and to structure the project with various alternatives including Public Private Partnership (PPP) mode. The consultant shall prepare, and invite tenders including evaluation and recommendation for award of work and comprehensive supervision for the execution of project implementation activities. The proposal offered shall also include costs towards studies required to be carried out in establishing the feasibility as mentioned above. 2.2 Firms/Companies/ Consortia / Voluntarily formed Joint Ventures or atleast one party to the Joint Venture, as the case may be, (hereinafter referred as Party/ Parties) meeting all of the "Minimum `Eligibility Criteria" as given below, can submit the proposals. MINIMUM ELIGIBILITY CRITERIA:
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The Tenderer shall satisfy the Minimum Eligibility Criteria as under; a) The tenderer should have experience in providing consultancy services in last 7 years ending last day of month previous to the one in which applications are invited should be of the following works : i) a) One work of Project Management Consultancy services for execution of Marine Civil Construction project having project cost not less than Rs.1577 crores OR b) Two works of Project Management Consultancy services for execution of Marine Civil Construction projects each costing not less than Rs.986 crores OR c) Three works of Project Management Consultancy services for execution of Marine Civil Construction projects each costing not less than Rs.788 crores The nature of the consultancy work includes preparation of feasibility report or developing business plans or Detailed Project Report or review of Detailed project Report for any marine related project (shipyard, ports etc.). b) The tenderer should have an average annual turnover of not less than Rs. 2 crore from consultancy assignments during the last three financial years
Note: The party must submit, with its Technical Proposal, the documentary evidence regarding fulfillment of all the above criteria. In case the applicant is a Joint venture / consortium it is to be limited to three members subject to each of them satisfying some part or all Minimum Eligibility Criteria. The experience of Joint Venture / Consortium partners will be considered for evaluation and experience of a sub-consultant will not be considered for fulfilling minimum eligibility. The party who has purchased the "Proposal Document" must be a partner of J.V./ Consortium. .
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VALIDITY: The proposals shall be valid for a period of 180 days from the due date of submission of proposal document. PROPOSAL SECURITY : (Earnest Money Deposit) No proposal shall be considered which is not accompanied by Proposal Security of Rs 40,00,000/- (Rupees forty lakshs only) in the form of Bank Gaurantee / Demand Draft drawn in favour of VPT on any Nationalised / Scheduled Bank having its branch at Visakhapatnam.
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The tenderers who wishes to submit B.G towards E.M.D should submit original BG along with their tender and the tenderer should ensure that the branch issuing authority should sent an unstamped duplicate copy of the guarantee directly to the beneficiary by register post with Acknowledgement-due before opening price bids with a covering letter requesting them to compare with the original received from their customer and confirm that it is in order. The proposal document for the work may be obtained on payment of Rs. 10,000/- (Rs. Ten Thousand only) (Non refundable) by way of Demand Draft drawn or bankers cheque drawn on any Scheduled Bank in India in favour of Financial Advisor and Chief Accounts Officer, Visakhapatnam Port Trust and payable at Visakhapatnam on any working day between 1000 hrs to 1700 hrs. on all working days from 04.05.2012 to 05.07.2012 from the Office of the Chief Engineer, Visakhapatnam Port Trust, Administrative Office Building, 3rd Floor, Visakhapatnam - 530035. The blank Proposal Document shall have to be collected in person by the party or his authorized agent. No Proposal document will be sent by post. The blank proposal can also be viewed and downloaded from VPT website www.vizagport.com, such parties shall submit the cost of the document in a separate envelop in the manner specified in the document on or before due date of submission. The downloading of document is permitted up to due date of submission. No editing / addition / deletion of proposal document shall be permitted. If such incident is observed at any stage, such proposal document shall be liable for outright rejection
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The completed proposal in the required format containing all information requested in proposal document should be submitted either by hand delivery or sent by Registered Post / Speed Post / Courier so as to reach the Chief Engineer, 3rd floor, Administrative Office Building, Visakhapatnam Port Trust, Visakhapatnam - 530035 before 14.00 hrs on 05.06.2012 and technical bid will be opened at 14.30 hrs on the same day. NOTE : In case, tender documents are downloaded from VTPs website by the
tenderer, the tenderer is responsible to download Addendums/ Amendments/ Errata/ replies to the queries of the tenderers etc. if any, issued by the employer, from web site before the submission of the tender.
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Any shortfall in submissions of the said Addendums/ Amendments/ Errata/ replies to the queries of the tenderers etc. along with the downloaded documents while submitting the tender will not be considered. Incomplete tender documents shall be rejected outright. The tenderer shall submit a copy of PAN card or proof of his having made an application for allotment of PAN card if applicable.
CHIEF ENGINEER *******
SECTION 1 INTRODUCTION
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INTRODUCTION : BACKGROUND, INSTRUCTIONS, GENERAL INFORMATION 1.1 INTRODUCTION :

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1.1.1. Background : The Port of Visakhapatnam, on the East Coast of India in between Chennai and Kolkata (latitude 17 41 N and longitude 83 17 E), handled 68.04 million tonnes of cargo throughput during the year 2010-11 surpassing the previous year record throughput of 65.50 million tonnes achieved in 2009-10 and consistently making relentless efforts in enhancing its capacity in consonance with changing requirements of the trade. This included about 31.54 million tonnes of traffic through Inner harbour and 36.50 million tonnes of traffic through Outer Harbour. The Outer Harbour can at present accommodate vessel carriers of up to 1,50,000 1,55,000 DWT. As per the Maritime Agenda 2010-20, the existing level of 68.04 million tonnes (2010-11) the traffic at Visakhapatnam Port has been projected to rise to 83.398 million tonnes in 2016-17 and 102.955 million tonnes in 2019-20. Against this traffic growth, the capacity of the port is projected to increase from the existing level of 62.27 million tonnes (as on 31.3.2010) to 83.398 million tonnes in 2016-17, which will increase to 102.955 million tonnes in 2019-20. The major developments through which the traffic and the capacity of the port will increase are: projected increase of POL traffic due to expansion of HPCL refinery beyond 2013-14; projected increase in coking coal traffic due to expansion of Bhillai Steel Plant and Rashtriya Ispat Nigam Ltd. etc; and anticipated increase in import of steam coal by various power plants in the hinterland of the Port, deepening the entrance channel by 2012, expansion of outer harbour by 2017 etc. The major commodity wise projected traffic vis--vis capacity expansion plan are given below:
(In million tonnes) TRAFFIC COMMODITY POL IRON ORE COAL CONTAINER TEUs OTHERS TOTAL Existing 31.03.2011 19.27 19.12 10.88 2.57 (0.148) 16.20 68.04 2011-12 16.30 18.30 14.00 2.04 (0.163) 15.62 66.26 2016-17 20.20 21.20 18.50 3.58 (0.286) 19.92 83.40 2019-20 21.50 25.70 27.50 4.67 (0.373) 23.59 102.96
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In view of the increase in future traffic and also the private players dealing with COAL, LNG etc., are intended to participate in the development of a Port at Bheemunipatnam, it is proposed to develop a satellite port at Bheemunipatnam. With regard to the shifting of Fishing Harbour, the existing fishery Harbour at Visakhapatnam, located inside the East and North breakwaters of the outer harbour, was developed and commissioned in stages. The harbour is connected by a good network of roads, water and power supply and storm water drainage. Other on-shore facilities available include the Visakhapatnam Port Trust between February, 1975 and September, 1988 with the grant-in-aid received from the Ministry of Agriculture. It covers a land area of about 12 hectares and water area of about 10.5 hectares approximately. It caters to berthing, landing, out-fit and repair needs of deep sea fishing trawlers and mechanised boats. The fishery harbour has a total quay length of 1938 m, which can accommodate 65 trawlers and 300 mechanised boats. The repair facilities available consist of one 300t capacity slipway, with a transfer track and repair tracks and one dry dock to accommodate fishing vessels of sizes up to 53m length, 15.0m beam and auction hall (7050 m2), workshop / repair facilities (1000 m2), office buildings, electrical sub-station, oil bunkering, canteen, parking facilities, etc., Visakhapatnam Port Trust (VPT) provides the fire fighting, berthing and wharfage facilities. During the last two decades, there has been a phenomenal growth in the economic activity in and around Visakhapatnam town, giving rise to intense growth in population and a gradual change in the urbanisation process. Number of multi-storied residential blocks have come up along the beach road. Citizens are increasingly becoming conscious of the deteriorating environment and problems of air and water pollution arising out of fish handling activities close to the city. In addition, the trash fish landed in the harbour is transported to long distances by road through dense city routes causing spillage of fish wash and obnoxious odour all along the major roads and recreational areas/resorts. In and out of season, unauthorised drying of fish also takes place in and around the port, which could not be effectively controlled due to lack of discipline and practical constraints inherent in the fishing interests as a whole. Further, the present location of the fishery harbour is a focal point of sewage out-falls from the densely inhabited city, making the environment unhygienic for fish handling and processing. The necessity of this expansion is also due to the existence of the fishery harbour adjacent to the main harbour posing a constraint for development of much needed deep draft facilities by the port to meet the increasing demands of traffic. Also the security concerns raised by the Coast Guard and Indian Navy on national security due to infiltration of foreign nationals / trawlers after recent Mumbai attacks prompted the Visakhapatnam Port Authorities to consider shifting the existing fishery harbour from Visakhapatnam to Bheemunipatnam by providing all the facilities.
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Keeping in view the directions of State Government, as well as the security concerns raised by the Cost Guard and Indian Navy on National Security due to infiltration of foreign materials / trawlers after recent Mumbai attacks, the proposal of Shifting the existing Fishing Harbour to an Alternate location at Bheemunipatnam was initiated by VPT and accordingly, the pre-feasibility report prepared by IMU, Calcutta is being updated by IMU, Visakhapatnam and submitted the draft copy to VPT which is under examination. Based on the above report, it is proposed to prepare a detailed Feasibility Report for the above work, including the option of development of a Satellite Port at Bheemunipatnam duly developing additional berthing facility etc., duly considering among other alternatives, development on PPP mode etc., 1.1.2 To obtain first hand information on the assignment and on the local conditions, consultants are advised to have a visit to the project site before submitting a proposal, duly ensuring adequate appropriate arrangement for the same. Consultants must fully acquaint themselves of local conditions of the proposed project site and take them in to account in preparing their proposal.
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SECTION 2 PROCEDURE FOR SUBMISSION AND SCRUTINY OF PROPOSAL
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PROCEDURES FOR SUBMISSION, SCRUTINY OF PROPOSAL : 1.2 Please note the following : i) Cost for preparing the proposal and of negotiating the contract, including visits to the employers office and the project area, are not reimbursable as these are direct cost of the assignment; and, Employer is not bound to accept any of the proposal submitted
ii) 1.3
The proposals must be properly signed as detailed below : i) ii) iii) By the proprietor in case of proprietary firm By the partner holding the power of attorney in case of a firm in partnership (a certified copy of the power attorney shall accompany the proposal). By duly authorized person holding the power of attorney in case of a Limited company or corporation or consortium (authorised person in case of consortium shall be a person representing lead member of consortium) (a certified copy of the power attorney shall accompany the proposal).
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Pre-Proposal/Tender Meeting and Amendment to Proposal Document: 1.4.1 The consultants or his official representative is advised to attend a Preproposal/ Tender meeting which will be convened at the office of the Chief Engineer, 3rd floor, Administrative Office Building, Visakhapatnam Port Trust, Visakhapatnam on 22.05.2012 at 14.30 hours.
1.4.2 The purpose of the meeting will be to clarify issues and to answer queries on any matter relating to the subject proposal that may be raised at that stage. 1.4.3 Consultant requiring a clarification of the proposal document must notify the Employer in writing, not later than 22.05.2012. Any request for clarification in writing must be sent to the Employers address indicated above by facsimile /Post/Courier. The Employer will respond by facsimile /registered post /courier, etc., to such requests and copies of the response will be sent to all invited bidder 1.4. 4 At any time before the submission of proposals, the Employer may, for any reasons, whether at its own initiative or in response to a clarification requested by an invited consulting firm, modify the documents by amendment. The amendment will be notified in writing or facsimile /registered post / courier / email to all invited consulting firm and will be binding on them. The Employer may at its discretion extend the deadlines for the submission of proposals.
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1.5
Scope of the Proposal : VPT invites sealed proposals from experienced party/parties in two cover formats from experienced parties to provide consultancy services for preparation of Feasibility Report, Detailed Project Report (DPR) and structuring of the project for the project Development of additional berths at Bheemunipatnam. For detailed scope, refer Terms of Reference as Annexe -I hereinafter referred to as "the Services".
1.6 Brief Description of Bidding Process : 1.7 1.6.1 VPT will follow 2-stages bidding process for selection of the successful party/ies for providing the services : Step 1 :Technical Proposal Evaluation Step 2 : Financial Proposal Evaluation 1.6.2 For the purpose of the Stage- 1, the Bidders are required to submit documents listed in Clause- 2.6.2 as Technical Proposal. The Technical Proposal of the Bidders will be evaluated to compute the Total Technical Score. The Bidders are required to submit their Technical Proposals as specified in Clause 3. The envelopes containing the Financial Proposal of the Bidders who do not meet the criteria stipulated in Clause- 2.6.2 and Clause- 3, will be returned unopened to such Bidders. 1.6.3 Under Stage-2, the Financial Proposal of Bidders who qualify in Stage-1 will be opened and evaluated to establish the Financial status of the bids. The Financial Proposal shall be submitted as per the format given in Annexe-III. 1.6.4 The Proposal shall be ranked as first lowest, second lowest and so on, based on the total amount quoted in Financial proposal. 1.7 Eligible Bidders:
1.7.1 The Bidder may be a single entity or a group of entities (hereinafter referred to as Consortium), coming together for providing the Services. The term Bidder used hereinafter would therefore apply to both a single entity and a consortium. 1.7.2 The Tenderer shall satisfy the Minimum Eligibility Criteria as under; a) The tenderer should have experience in providing consultancy services in last 7 years ending last day of month previous to the one in which applications are invited should be of the following works : i) a) One work of Project Management Consultancy services for execution of Marine Civil Construction project having project cost not less than Rs.1577 crores
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OR b) Two works of Project Management Consultancy services for execution of Marine Civil Construction projects each costing not less than Rs.986 crores OR c) Three works of Project Management Consultancy services for execution of Marine Civil Construction projects each costing not less than Rs.788 crores The nature of the consultancy work includes preparation of feasibility report or developing business plans or Detailed Project Report or review of Detailed project Report for any marine related project (shipyard, ports etc.). b) The tenderer should have an average annual turnover of not less than Rs. 2 crore from consultancy assignments during the last three financial years
Note: The party must submit, with its Technical Proposal, the documentary evidence regarding fulfillment of all the above criteria. In case the applicant is a Joint venture / consortium it is to be limited to three members subject to each of them satisfying some part or all Minimum Eligibility Criteria. The experience of Joint Venture / Consortium partners will be considered for evaluation and experience of a sub-consultant will not be considered for fulfilling minimum eligibility. The party who has purchased the "Proposal Document" must be a partner of J.V./ Consortium. .
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VALIDITY: The proposals shall be valid for a period of 180 days from the due date of submission of proposal document. PROPOSALS BY CONSORTIUM: JOINT AND SEVERAL LIABILITY: If the contractor constitutes (under applicable laws) a joint venture, consortium or other unincorporated grouping of two or more persons / companies a) these persons / companies shall be deemed to be jointly and severally aiable to the Employer for the performance of the Contract b) these persons / companies shall notifythe Emploer of their leader who shall have Authority to bind the contractor and each of these persons / companies shall provide a parent company gaurantee in format at Annex-VI c) The Contractor shall not alter its composition or legal status without the prior consent of the employer. d) JVs / Constortia shall be allowed in all contracts of estimated cost more than the stipulated eligibility criteria indicated earlier. However, there shall be no limit on the number of partners. e) The technical and financial criteria (PQC) may be met jointly be the partners. At the same time it has to be ensured that firms are capable.
1.8
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Thus, firms with atleast 26% equity holding each shall be allowed to jointly to meet the eligibility criteria. 1.8.1 Date and Place of Signing. 1.8.2 The purpose of Joint Venture (must include the details of contract for which the joint venture has been invited to bid.) 1.8.3 A clear and definite manner including the proposed administrative arrangements for the management and execution of the contract works. 1.8.4 Delineation of the duties / responsibilities and scope of works to be undertaken by each firm. The proposal shall contain the details of each partner of the consortium. 1.8.5 An undertaking that the firms are jointly and severally liable to the Employer for the performance of the contract; and, 1.8.6 The authorized representative of the joint venture. It is expected that one of the partner of the Joint Venture will act as the lead partner representing the Joint Venture. The duties, responsibilities and powers of such lead partner shall be specifically included in the Joint Venture / consortium agreement. It is expected that the lead partner would be authorized to incur liabilities and to receive instructions and payments for and on behalf of the Joint Venture. 1.8.7 The Power of Attorney authorizing one of the member of the Joint Venture / Consortium as Lead Member or in charge or signatory of the application shall be submitted in the format prescribed in Annex-VII (A) and VII (B). The party who has purchased the "Proposal Document" must be a member of J.V./ Consortium 1.8.8 The annual turnover of all Joint Venture/ consortium members who have related experience (as per the Minimum Eligibility Criteria) either in full or in part only will be considered for the purpose of determining the total financial eligibility criteria.
Note: In case of Joint Venture (JV) / consortium, there should not be any change of partner after award of work till the completion of assignment in all respect. The experience of Joint Venture / Consortium partners will be considered for evaluation and experience of a sub-consultant will not be considered for fulfilling minimum eligibility. The party who has purchased the "Proposal Document" must be a partner of J.V./ Consortium. Joint venture agreement (if applicable), entered in to by the joint venture partners shall be submitted in original with the proposal (in technical bid) as per format of joint venture agreement provided at Annexe- VI. The joint venture agreement and Power of Attorney shall be executed on a stamp paper of value not less than Rs. 100/and the same shall be notarized or legally registered.
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2. 2.1
OTHER TERMS & CONDITIONS : VPT's Right to Accept or Reject Proposal :
2.1.1 Notwithstanding anything contained in this Proposal Document, VPT reserves the right to accept or reject any Proposal and to annual the bidding process and reject all Proposals, at any time without any liability or any obligation for such acceptance, rejection or annulment, without assigning any reasons. 2.1.2 VPT reserves the right to invite revised Technical Proposals and /or revised Financial Proposals from Bidders with or without amendment of the Proposal document at any stage, without liability or any obligation for such invitation and without assigning any reason. 2.1.3 VPT reserves the right to reject any Proposal if : (a) (b) at any time, a material misrepresentation is made or uncovered, or the Bidder does not respond promptly and thoroughly to requests for supplemental information required for the evaluation of the proposal.
2.2 Contents of Proposal Document: The Proposal Document comprises the contents as mentioned in this document and would additionally include Addenda if any, issued in accordance with Clause 1.4 2.3 Currency : All payments by the Employer under this contract will be made only in Indian Rupees (INR) In case of the Technical Proposal submitted by the Bidders, the conversion to Rupees shall be based on the closing exchange rate published by the Reserve Bank of India (RBI) as on 31.03.2012 or the nearest prior date for which the RBI rate is available. In all such cases, the original figures in the relevant foreign currency and the INR equivalent thereof must be given. The exchange rate(s) applied shall be clearly stated. VPT reserves the right to use any other suitable exchange rate for the purpose of uniformly evaluating all Bidders. 2.4 Format of Proposal:
2.4.1 Bidders would provide all the information as per this Proposal Document and in the specified formats. VPT reserves the right to reject any Proposal that is not in the specified formats.
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2.4.2
The bidder shall submit one original proposal as described in Clause 2.6.2 clearly marked "ORIGINAL". In addition, the bidder shall submit another copy of the Proposal clearly marked "COPY". In the event of any discrepancy between original and copy, the contents of original shall prevail. The bidder shall also provide 2 soft copies in the form of Compact Discs (CDs). If the Proposal consists of more than one volume, Bidder must clearly number the volumes and provide index table of contents. The Proposal shall be typed or printed or prepared in indelible ink and the Bidder shall initial each page. The authorization to sign the document must be confirmed by a written power of attorney accompanying the proposal.
2.4.3 2.4.4
2.4.5 The proposal must contain no interlineations or overwriting except as necessary to correct errors made by the Consultants themselves, in which cases such corrections must be initialed by the person or persons signing the proposal. 2.4.6 Completed technical and financial proposal must be delivered on or before the time and date stated in proposal document. 2.5 2.5.1 Sealing and Marking of Proposal. The Bidder shall seal the Technical Proposal and the Financial Proposal in separate envelopes, duly marking the envelopes as 'PARTI TECHNICAL PROPOSAL' and 'PART -II FINANCIAL PROPOSAL'. These envelopes shall then be sealed in an outer envelope. Each envelope shall indicate the name and address of the Bidder. The envelopes shall clearly bear the following identification : a) DO NOT OPEN EXCEPT IN PRESENCE OF THE PROPOSAL OPENING COMMITTEE b) Title Proposal for Consultancy Services for " Development of Satellite Port at Bheemunipatnam including New Fishing Harbour " 2.5.4 The envelope shall be addressed to : The Chief Engineer, Visakhapatnam Port Trust 3rd floor, Administrative Office Building, Visakhapatnam - 530035. Tel. Phone: +91-891 2873300 E-mail: ce@vizagport.com/ cevizagport@yahoo.co.in Fax No: +91-891-2565025
2.5.2 2.5.3
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2.5.5
If the envelope is not sealed and marked as instructed above, the Proposal may be deemed to be non-responsive and would be liable for rejection. Employer assumes no responsibility for the misplacement or premature opening of such bids. Preparation and Submission of Proposal The Proposal and all related correspondence and documents should be written in the English language. Supporting documents and printed literature furnished by Bidder with the Proposal may be in any other language provided that they are accompanied by appropriate translations of the pertinent passages in the English language. Supporting documents, which are not translated into English, may not be considered. For the purpose of interpretation and evaluation of the Proposal, the English language translation shall prevail. First envelope titled as "Technical Proposal " Consultants are expected to examine all terms and instructions included in the document. Failure to provide all requested information will be at consultant's own risk and may result in rejection of proposal. The technical proposal shall contain the following : a) b) Application letter as per Annexe- II. Proposal Security of Rs. 40,00,000/- (Rupees forty Lakhs only) in the form of Demand Draft drawn in favour of Visakhapatnam Port Trust, on any Nationalised / Scheduled Bank having its branch at Visakhapatnam. In the event of party withdrawing his proposal before the expiry of 180 days from the due date of submission of proposal, the party shall be cancelled and the amount payable by the Proposal Security shall become forthwith payable to Employer and decision of the Employer shall be final in that behalf. The Proposal Security of unsuccessful party will be discharged /returned as promptly as possible, but not later than 60 days after the expiration of period of proposal validity prescribed by the employer. The Proposal Security in respect of successful party will be released after furnishing of the necessary Performance Guarantee. A forwarding letter confirming validity of the proposal for 180 days and detailing contents of the proposal including list of enclosed documents. An undertaking that qualification, experience and minimum number of man power proposed to be deployed shall be as stipulated in the proposal document. Power of Attorney in the name of persons/s signatories of the proposal.
2.6 2.6.1
2.6.2
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f) g)
A statement supported by documentary evidence establishing fulfillment of all the Minimum Eligibility Criteria by the bidder/s Details in respect of background of the party/ies past experience, organizational structure, key personnel, certificates from clients in respect of assignments executed in past, current assignments, CVs of key personnel and details of associate/s likely to be involved in executing this assignment. Details in respect of proposed approach and methodology, site appreciation, team composition and experience for execution of the "Services" covering broadly all aspects of 'Terms of Reference" enclosed at Annexure-I to this proposal Documents. Details of equipment, vehicle, office infrastructure, communication facility, the respective numbers and details of licenses for equipment and software proposed to be used for the assignment. The Proposal Document and compilation of queries/ answers if any with each page initialed by the authorized signatory in token of having been read and accepted by the part/ies. Proposed work programme for the execution of the services, illustrated with bar chart of activities. The composition of the team, the assigned tasks and their timing should be brought out clearly using bar charts and flow diagrams. Estimates of the total time effort to be provided for the service, supported by bar diagrams showing the time proposed for each key professional staff.
NOTE: PARTY/IES MUST NOT INDICATE DIRECTLY OR INDIRECTLY THEIR FINANCIAL PROPOSAL ANY WHERE IN ENVELOP OF TECHNICAL PROPOSAL.. ANY SUCH DISCLOSURE SHALL RESULT IN SUMMARILY REJECTION OF WHOLE OF THE PROPOSAL OF THE CONCERNED PART/IES.
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k)
L)
2.6.3 Second Envelop titled "Financial Proposal". In this envelop the bidder/s shall indicate the total lump sum charges/fees ( In Indian Rupees) to be paid by the Employer for this service/ assignment in the Financial Proposal format enclosed as Annexe -III in the Proposal Document. This lump sum charges/fees shall be inclusive of all taxes, incidentals, overheads, traveling expenses, printing and binding of reports, expenditure related to presentations to be made during the execution of assignment, sundries and all other expenditure for execution of this services as per "Terms of Reference", enclosed at Annexure-I to the Proposal Document and also the tasks the consultant may think should be carried out in order to meet the objectives of the assignment. The Employer will pay prevalent service tax to consultant separately.
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Note : a) The lump sum fees/charges quoted by the bidder shall be paid as stage-wise payments as prescribed in Financial Proposal ( Annexure -III) Income Tax and Professional Tax, any other tax as per Statutory Provisions of Govt. of India and Maharashtra State shall be deducted by the Employer from each invoice. A certificate in this regard shall be furnished by the Employer.
b)
NO COUNTER CONDITIONS SHOULD BE INCLUDED ANYWHERE IN THE PROPOSAL. CONDITIONAL PROPOSAL SHALL BE SUMMARILY REJECTED. 2.7 2.7.1 Proposal Due Date Proposal should be submitted upto 14:00 hours Indian Standard Time (IST) on 05.07.2012 (Proposal Due Date), at the address provided in Clause 2.5.4 in the manner and form as detailed in this Proposal Documents. Proposals submitted by facsimile transmission, telex or e-mail will not be acceptable. VPT, at its sole discretion, may extend the Proposal Due Date by issuing an Addendum if any. Schedule of Bidding Process :
Event Description Sale of Bid Documents Starting from Last date for receiving queries / Clarifications Pre proposal conference Authority response to queries Proposal Due Date Opening of Proposals (Cover-I Technical Proposal) Opening of Proposals (Cover-II Financial Proposal) Letter of Award (LOA) Validity of Bids Date
04-05-2012 21-05-2012 22-05-2012 after 14:30 hrs 29-05-2012
2.7.2
2.7.3
1. 2. 3 4. 5. 6. 7 8. 9.
05-07-2012 at 14.00 hrs 05-07-2012 after 14.30 hrs 05-09-2012 after 14.30 hrs 05-10-2012(Within 30 days of Bid Due Date) 05-11-2012 (120 days of Bid Due Date)
2.8.
Late Proposal : Any Proposal received by VPT after 14:00 hours IST on 05.07.2012 (Proposal Due Date) will not be accepted and shall be returned unopened to the Bidder.
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2.9
Payment for Consultancy services (Fees in Indian Rupees).: The Consultancy charges/fees for Consultancy services shall be expressed in Indian Rupees only and the payment shall also be made in Indian Rupees by the Employer.
2.10
Validity of Proposal : The proposal shall be valid for a period of 180 days from the Due Date of submission of the Proposal Document.
2.11
Time for completion : The assignment of Part-A (preparation of feasibility report) shall be completed in a period of 6 months reckoned from 15 days after the date of issue of Letter of Award. The time period for the assignment of Detailed Project report and Project Structuring (i.e. Part-B) is 8 months reckoned from 15 days after the date of issue of Letter by the Employer if the project is found feasible and after approval of the feasibility study by the Employer and Government. If Part-B assignment completes in all respect before scheduled period, the contract of consultancy may be foreclosed. In case of delay of assignment, the contract of consultancy may be extended suitably. In case of extension and foreclosure, pro-rata addition or deduction shall be entertained based on percentage indicated for the supervision part of the whole assignment. At the discretion of Employer without assigning any reasons whatsoever, the assignment may foreclose at any stage. In case of foreclosure, percentage payment due upto the completed stage, will be made as indicated in the Financial Proposal. In case assignment foreclose in the middle of any indicated stage in financial proposal, pro-rata payment shall be made for the completed services as agreed mutually. At the discretion of Employer without assigning any reasons whatsoever, the assignment may foreclose at any stage. Consultant does not reserve any right to claim compensation whatsoever for foreclosure of consultancy contract by Employer.
2.12
Change to submitted proposals: Any alterations, modifications or change in the submitted proposals shall be sent in writing and must reach Chief Engineer, VPT prior to the closing time on last date set for submission of proposals. No notice of change, alterations or modification of the proposal shall be accepted after closing time on last date.
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2.13 2.13.1
Scrutiny And Evaluation of Proposals : Preliminary Scrutiny: In the first instance the officer of Visakhpatnam Port appointed for opening of proposals shall ascertain the availability of proper Proposal Security. In case a proposal is received without the requisite and proper Proposal Security, it shall be summarily rejected and the second envelope of such proposal containing Financial Proposal shall be returned unopened to the concerned bidder/s
2.13.2
Responsiveness of Proposals : The proposals received on time, accompanied by the requisite and proper Proposal Security shall thereafter be examined for responsiveness. A responsive proposal is one which conforms to all requirements of the Proposal Document. A proposal shall be treated non-responsive for any or all of the following reasons:a. The bidder/s not meeting all of the 'Minimum Eligibility Criteria' as stipulated in the 'Notice Inviting Proposal'. b. All the information as indicated in the Proposal Document is not furnished. c. Validity of proposal not confirmed. d. Proposal documents not signed and sealed in the manner prescribed in the Proposal Document. e. The proposal and supporting documents show significant variations and or inconsistency/ies. A non-responsive proposal shall be rejected at this stage and the second envelope of concerned bidder/s will be returned unopened to them.
2.14
Scrutiny of Technical Proposals : Responsive bids shall be examined in detail for their technical contents. Compliance to detailed Terms of Reference taking into account proposed Approach and Methodology, Experience of bidder, proposed work plan for implementation, team composition etc. with reference to adequacy, acceptability and understanding of the bidders shall be checked. In the process of this examination, some clarifications may become necessary. These shall be sought and furnished in writing.
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However, the basis of proposal shall not be permitted to be changed/ altered either to fulfill minimum eligibility criteria or to make a non-responsive proposal responsive or to qualify for meeting the technical proposal parameters. The proposals which are found deficient or defective or unacceptable due to any reason shall be treated as non responsive. 2.15 Opening and evaluation of second envelope viz financial Proposal.: Financial Proposal of responsive bidders who are found acceptable on scrutiny of technical contents and satisfy the criteria for evaluation, as specified in Clause-3 of Proposal Document will be opened in the presence of authorized representative of concerned bidders who may wish to remain present. The date and venue of opening of financial proposal will be conveyed to qualified bidders. Financial proposal with any counter conditions or ambiguous remarks shall be rejected. Award of Assignment /Services: Prior to the expiration period of proposal validity, the Employer will notify the successful consultant who submitted the lowest financial proposal among the qualified bidders in technical evaluation, in writing by registered letter, cable telex or facsimile and invite it to negotiate the Contract if required. The party selected for award of assignment shall be issued a Letter of Award by Employer. This letter along with written acknowledgement of the successful party shall constitute contract between the party/ies with Employer, till signing of formal agreement. 2.17 Confirmation of receipt: Consultants shall acknowledge the Employer by facsimile/ post/courier the receipt of Letter of award and confirm the acceptance of the proposal. 2.18 Performance Security: Within one month of issue of letter of award from the Employer, the successful party/ies shall furnish to the Employer a Performance Security in the form of a Bank Guarantee of a scheduled / nationalized bank for an amount equivalent to 10% of the award cost of Part-A assignment as per the draft annexed ( Annexure - IV) to the Proposal Document. Failure of the successful party to lodge the required bank guarantee shall constitute sufficient grounds for the termination of contract and enforcement of Bank Guarantee
2.15.1
2.15.2
2.16
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towards Proposal Security. The performance security shall remain in force until six months from the date of issue of completion certificate of Part-A assignment and will be released thereafter in case the Port decides to foreclose this assignment at the stage of Part-A. In case the Port decides to take up Part-B assignment, Part-A performance security will be released after submission of performance security for an amount equivalent to 10% of award cost of Part-B assignment. The performance security shall remain in force until six months from the date of issue of completion certificate of Part-B assignment and released thereafter in case the Port decides to foreclose this assignment at the stage of Part-B. The Port decides to take up Part-C assignment, the performance security of Part-B assignment will be released after submission of performance security for an amount equivalent to 10% of award cost of Part-C assignment. The performance security shall remain in force until six months from the date of issue of completion certificate of Part-C assignment and will be released thereafter. The obtaining of such guarantee (and the cost of guarantee), shall be at the expense of the party/ies. 2.19 Signing Of Agreement : Within one month of date of issue of Letter of Award, the successful party shall furnish a performance security for satisfactory completion of the Assignment, in the form of a Bank Guarantee as prescribed in Annexure-IV of Proposal Document and simultaneously sign formal agreement as prescribed in Annexure-V of Proposal Document Release of Proposal Security : Proposal Security shall be released as under : Proposal rejected during scrutiny : Two weeks after the date of intimation of rejection of proposal. Unsuccessful Proposals : One month after award of assignment to successful bidder. Successful Proposal : Two weeks after furnishing of Performance Security and signing of formal agreement. Extension of validity of proposal : If it becomes necessary, VPT may request the parties, in writing, to extend validity of proposals. The parties shall have the right to refuse such extension without forfeiting their proposal security. In case a party extends the validity then it shall also extend the validity of its Proposal Security for corresponding period.
2.20 2.20.1 2.20.2 2.20.3 2.21
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SECTION 3 CRITERIA FOR EVALUATION OF PROPOSALS
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3 3.1
CRITERIA FOR EVALUATION OF PROPOSALS : Technical Proposal Evaluation (Stage-1) For the purpose of Qualification, the Bidders should satisfy the minimum eligibility criteria as prescribed in "Notice Inviting Proposal". In addition the bidder may note the following.
3.1.1 Details in respect of Clause 2.6.2 are required to be furnished. 3.1.2 VPT would evaluate the Technical Proposal in order to qualify Bidders for Stage-1. Bidders who qualify the minimum eligibility criteria as brought out in the Notice inviting Proposal and as detailed in clause 2.6 only will be considered for stage -2 evaluation namely, Financial Proposal evaluation. 3.1.3 If the bidder is a consortium, evaluation will be made in line with stipulations in clause 1.7 and 1.8. 3.1.4 A two-stage procedure will be adopted in evaluating the proposals: (i) a Technical evaluation, which will be carried out prior to opening any financial proposal and (ii) a financial evaluation. On each of the parameters, the Bidder would be required to achieve a minimum of 60% of the Technical Score assigned to that parameter so as to get included in the computation of the Total Technical Score for the Bidder and to be qualified. The maximum achievable Total Technical Score for every Bidder would be 100. The party/ies who have secured minimum Total Technical score of 70 points will be declared as qualified for opening of Financial Proposal. 3.1.5 The evaluation committee appointed by the Employer will carry out its evaluation applying the evaluation criteria and point system specified below: Each responsive proposal will be attributed a technical score.
Sl. No. 1 2 3 4
Parameters Consultants Experience Experience of Key Personnel Organizations and Financial Status Approach and Methodology, work plan
Maximum score 45 35 10 10
Technical
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3.1.5.1The weightage points given for evaluation of sub-criteria A, B C and D of above table are as under.
Parameter Maximum Technical Score 45
(A) Experience as a single job a) services of preparation of feasibility report or developing business plans or Detailed Project Report or review of Detailed project Report related to port having cost of assignment of Rs. 2 crore : 20 points
(60% weightage for each assignment and maximum weightage is 100%)

b) work of Project Management Consultancy services for execution marine civil construction project : 20
i) Project Cost :20 Description i) PMC services having project cost of Rs.1577 to 3154 crores ii) PMC services having project cost of Rs.3154 to 4731crores iii PMC services having project cost more than Rs.4731 crores c) Experience of Transaction Advisory : 5 Description i) Transaction advisory services with project cost of Rs.1577 to Rs.2208 crores ii) Transaction advisory services with project cost of Rs.2208to Rs 3091 crores iii) Transaction advisory services with project cost more than Rs.3091crores (%) weight 60 80 100 (%) weight 60 80 100
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35 (B) Team Composition proposed to be deployed a) Relevant experience of Experts : Points will be given for each expert as under: i) Technical Expert Maximum score : 15 Minimum qualification of Bachelor in civil engineering with minimum experience of 15 years having knowledge in various filed of civil engineering and marine engineering. The scores will be based on the following parameters - Number of years of experience - Higher academic qualification like Post Graduation - Knowledge in civil engineering and marine engineering - Continuous experience in consultancy firm - Number of consultancy assignments executed - position while executing assignments ii) Financial Expert Maximum score : 5 Minimum of MBA from reputed university with finance measures or CA/ICW or equivalent qualification from any foreign university/institution with minimum experience of 15 years The scores will be based on the following parameters - Number of years of experience - Higher academic qualification like Post Graduation - Continuous experience in consultancy firm - Number of consultancy assignments executed - assignments like project structuring / financial analysis done and position during execution iii) Environmental Expert :2 Minimum Post Graduation in environmental science/ engineering with minimum experience of 15 years. The scores will be based on the following parameters - Number of years of experience - Higher academic qualification like PhD - Continuous experience in consultancy firm - Number of consultancy assignments executed - Assignment in environmental field executed and position during execution iv) Public Private Partnership(PPP) Expert :3 Minimum qualification is Post Graduation with minimum experience of 15 years. The scores will be based on the following parameters - Number of years of experience - Higher academic qualification like PhD - Continuous experience in consultancy firm - Number of consultancy assignments executed - Assignment in PPP projects executed and position during execution
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b) Relevant Experience of on site key personnel for PMC i) Team Leader/Resident Engineer :6 Minimum of Bachelor degree in civil engineering with minimum overall experience of 20 years after graduation in which atleast 08 years experience in dredging work The scores will be based on the following parameters - Number of years of experience - Higher academic qualification like post graduation - Number of PMC assignments executed - Number of similar PMC assignments executed - Position during execution of PMC assignments ii) Dy. Resident Engineer :4
Minimum of Bachelor degree in civil engineering or in Mechanical Engineering or dredge Master with minimum overall experience of 15 years after graduation in which atleast 06 years experience in dredging work The scores will be based on the following parameters - Number of years of experience - Higher academic qualification like post graduation - Number of PMC assignments executed - Number of similar PMC assignments executed - Position during execution of PMC assignments (C) Organizational Structure and financial status of the Company 10 Years in business of infrastructure consultancy services in India: 3 i) ii) iii) Less than 5 years : 60% weightage Between 5 years and 10 years: 80% weightage 10 years and above : 100% weightage
Financial status : Average annual professional turnover of consultant / JV members : 7 i) Turnover Rs.15 crores to Rs.25 crores : 60% weightage ii) Turnover Rs.25 crores to Rs. 50 crores : 80% weightage iii) Turnover Rs. 50 crores and above : 100% weightage (D) Approach and methodology, Work Plan: i. Understanding of terms of reference ii. Proposed methodology/Plan 10 : 50 % : 50%
Each parameter should at least get 6o points and the total technical score of the Technical proposal should be at least 70 points out of 100 to be considered for financial evaluation.
3.1.5.2 The consultant shall submit the required credentials along with his technical submission for fulfilling the minimum Eligibility Criteria specified in the document. In addition, the consultants shall be asked to make a presentation to the Employer during evaluation of technical submissions as and when on request of the Employer if required. The consultant in his presentation shall prove their fulfillment of minimum eligibility criteria (financial and experience) and shall explain the capability of the proposed deployment of manpower resources along with their academic qualification and experience taking into consideration the various parameters specified
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in the document so as to facilitate Employer for the assessment of technical scoring. The Consultant shall bring key personnel/experts during the meeting with the Employer. 3.2 Evaluation of Financial Proposal (stage-2)
The envelope No.2 shall be opened on a date to be fixed later and intimated to all the responsive and eligible bidders to enable them to be present in the opening if they so wish and the bids will be opened in the office of Chief Manager (PP&D). The envelope No.2 shall be opened if bids submission in Envelop No.1 satisfies/includes all the requirements and same are found acceptable to the Employer. The Envelope No.2 shall be returned unopened if submission in Envelop No1 was found to be unacceptable during its scrutiny and technical evaluation without assigning any specific reasons whatsoever. 3.3 After opening of Financial proposals, the lowest financial proposal (FM) will be given a financial score (SF) of 100 points. The financial scores of other proposals will be computed as follows: SF = 100 x FM/F (F = Amount of financial proposal) Proposals will finally be ranked according to their combined Technical (ST) and Financial (SF) scores as follows: S = ST x Tw + SF x Fw Where S is the combined score, and Tw and Fw are weight assigned to Technical Proposal and Financial Proposal that shall be 0.80 and 0.20, respectively. The qualified bidder who secures highest combined score would be declared as the successful Bidder. In the event that two or more bidders secure same combined score, the work will be awarded to the lowest price bidder.
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SECTION 4 GENERAL CONDITIONS OF CONTRACT
34
4 4.1 4.1 .1
GENERAL CONDITIONS OF CONTRACT General Provisions Definitions Unless the context otherwise requires, the following terms whenever used in this Contract have the following meanings: (a) "Employer" means Board of Trustees of Visakhapatnam Port Trust, a body corporate under the Major Port Trust Act,1963, by notification No.GSR427(E) dated 28.05.1982 issued by Government of India ( as amended) acting through its Chairman, Deputy Chairman or the Chief Manager (Port Planning and Development Department) or any other officers so nominated by the Board. "Applicable Law" means the laws and any other instruments having the force of law in India, as they may be issued and in force from time to time; "Contract" means the Contract signed by the Parties, to which these General Conditions of Contract are attached, together with all the documents listed in letter of award; "Effective Date" means the date on which this Contract comes into force and effect pursuant to Clause General Condition 4.2.1; "Foreign Currency" means currency in US Dollars or the currency of the home country of Consultant; "GC" means these General Conditions of Contract; "Government" means the Government of India; "Local Currency" means Indian Rupees; "Member", in case the Consultants consists of a joint venture of more than one entity, means any of these entities, and "Members" means all of these entities; "Personnel " means persons hired by the Consultants or by any Sub-consultant as employees and assigned to the performance of the Services or any part thereof; "Foreign Personnel" means such persons who at the time of being so hired had their domicile outside India; "Local Personnel" means such persons who at the time of being so hired had their domicile inside India; and "Key Personnel" means the personnel referred to the in Clause General Condition 4.4.2 (a);
(b)
(c)
(d) (e) (f) (g) (h) (i)
(j)
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(k) (l)
"Party" means the Employer or the Consultants, as the case may be, and Parties means both of them; "Services" means the work to be performed by the Consultants pursuant to this Contract for the purposes of the Project, as described in Annexe- I hereto; "Sub-consultant" means any entity to which the Consultants subcontract any part or the Services in accordance with the provisions of Clause General Condition 4.3.7; and "Third Party" means any person or entity other than the Government, the Employer, the Consultants or a Sub-consultant. "Contract Sums" means gross amounts of consultant's original proposal in Indian Rupees with tax, duties, fees and other imposition as provide for General Condition 4.1.10 inclusive of all cost, all types of subsoil investigation and environmental monitoring works if any. "Approved / approval" means the approval in writing.
(m)
(n) (o)
(p)
4.1.2 Relations between the Parties Nothing contained herein shall be construed as establishing a relation or master and servant or of agent and principal as between the Employer and the Consultants. The Consultants, subject to this contract, have complete charge of Personnel performing the Services and shall be fully responsible for the services performed by them or on their behalf hereunder. 4.1.3 Law Governing the Contract This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by the Applicable Law in India. 4.1.4 Language This Contract has been executed in the language English, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this contract. 4.1.5 Headings The headings shall not limit, alter or affect the meaning of this Contract. 4.1.6 Notices
4.1.6.1 Any notice, request or consent required or permitted to be given or made pursuant to this Contract shall be in writing. Any such notice, request or consent shall be deemed to have been given or made when delivered in
36
person to an authorised representative of the party to whom the communication is addressed, or when sent by registered mail, telex, telegram or facsimile to such Party at the address given in the proposal document for issue of proposal document. 4.1.6.2 Notice will be deemed to be effective as follows : (a) (b) (c) (d) 4.1.6.3 in the case of personal delivery or registered mail, on delivery; in the case of telexes, 24 hours following confirmed transmission; in the case of telegrams, 24 hours following confirmed transmission; and in the case of facsimiles, 24 hours following confirmed transmission. A Party may change its address for notice hereunder by giving the other Party notice of such change pursuant to the provisions listed in Clause General Condition 4.1.6.2. Location The Services shall be performed at such locations are specified in Annexe- I hereto and, where the location of a particular task is not so specified, at such locations, whether in India or elsewhere, as the Employer may approve. 4.1.8 Authority of Member in Charge In case the Consultants consist of a joint venture of more than one entity, the members hereby authorize the Member in Charge selected by the consortium members as stipulated in Joint Venture agreement submitted along with the bid, to act on their behalf in exercising all the Consultant's rights and obligations towards the Employer under this Contract, including without limitation the receiving of instructions and payments from the Employer. 4.1.9 Authorized Representatives Any action required or permitted to be taken, and any document required or permitted to be executed, under this Contract by the Employer or the Consultants may be taken or executed by the authorized representative specified in bid document. 4.1.10 Taxes and Duties The Consultants and their personnel ( domestic consultant/personnel and foreign consultant/personnel) shall pay the taxes, custom duties, fees, levies and other impositions levied under the existing, amended or
4.1.7
37
enacted laws during life of this Contract and the Employer shall perform such duties in regard to the deduction of such tax as may be lawfully imposed. 4.2 Commencement, Completion, Modification and Termination of Contract
4.2.1 Effectiveness of Contract This Contract shall come into force and effect on the date of the Employer's notice to the Consultants instructing the Consultants to begin carrying out the Services. This notice shall constitute agreement between Employer and the consultant till formal agreement has been signed. 4.2.2 Termination of Contract for Failure to Become Effective If this Contract has not become effective within three months or such other time period as the party may agree in writing after date of the Contract signed by the Parties, either Party may, by not less than four (4) weeks' written notice to the other Party, declare this Contract to be null and void, and in the event of such declaration by either Party, neither Party shall have any claim against the other Party with respect hereto. 4.2.3 Commencement of Services The Consultants shall begin carrying out the Services within 15 days or such other time period as the party may agree in writing. 4.2.4 Expiration of Contract Unless terminated earlier pursuant to Clause General Condition 4.2.9 hereof, this Contract shall expire when services have been completed and confirm by the Employer by issuing completion certificate at the end of six months or such other time period as the party may agree in writing. 4.2.5 Entire Agreement This Contract contains all covenants, stipulations and provisions agreed by the Parties. No agent or representative of either Party has authority to make, and the Parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. 4.2.6 Modification Modification of the terms and conditions of this Contract, including any modification of the scope of the Services, may only be made by written agreement between the Parties. Pursuant to Clause General Condition 4.7.2 hereof, however, each Party shall give due consideration to any proposals for modification made by the other Party.
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4.2.7
Force Majeure
4.2.7.1 Definition (a) For the purposes of this Contract, "Force Majeure" means an event which is beyond the reasonable control of a Party, and which makes a Party's performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other industrial action (except where such strikes, lockouts or other industrial action are within the power of the Party invoking Force Majeure to prevent), confiscation or any other action by government agencies. (b) Force Majeure shall not include (i) any event which is caused by the negligence or intentional action of a Party or such Party's subconsultants or agents or employees, nor (ii) any event which a diligent Party could reasonably have been expected to both (A) take into account at the time of the conclusion of this Contract and (B) avoid or overcome in the carrying out of its obligations hereunder. (c) Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder. 4.2.7.2 No Breach of Contract The failure of a Party to fulfill any of its obligations hereunder shall not be considered to be a breach of, or default under, this Contract insofar as such inability arises from any event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of this Contract. 4.2.7.3 (a) Measures to the Taken A Party affected by an event of Force Majeure shall take all reasonable measures to remove a such Party's inability to fulfill its obligations hereunder with a minimum of delay. A Party affected by an event of Force Majeure shall notify the other Party of such event as soon as possible, and in any event not later than fourteen (14) days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give notice of the restoration of normal conditions as soon as possible. The Parties shall take all reasonable measures to minimize the consequences of any event of Force Majeure.
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(b)
(c)
4.2.7.4
Extension of Time Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure.
4.2.7.5
Payments During the period of their inability to perform the Services as a result of an event of Force Majeure, the Consultants shall be entitled to be reimbursed for additional costs reasonably and necessarily incurred by them during such period for the purposes of the Services and in reactivating the Services after the end of such period.
4.2.7.6
Consultation Not later than thirty (30) days after the Consultants, as the result of an event of Force Majeure, have become unable to perform a material portion of the Services, the Parties shall consult with each other with a view to agreeing on appropriate measures to be taken in the circumstances.
4.2.8
Suspension The Employer may, be written notice of suspension to the Consultants, suspend all payments to the Consultants hereunder if the Consultants fail to perform any of their obligations under this Contract, including carrying out of the Services, provided that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall request the Consultants to remedy such failure within a period not exceeding thirty (30) days after receipt by the Consultants of such notice of suspension.
4.2.9 4.2.9.1
Termination By the Employer The Employer may, by not less than thirty (30) days written notice of termination to the Consultants for the occurrence of any of the events specified hereunder of this Clause General Condition 4.2.9.1, terminate this Contract. (a) If the Consultants fail to remedy a failure in the performance of their obligations hereunder, as specified in a notice of suspension pursuant to Clause General Condition 4.2.8 hereinabove, within thirty (30) days of receipt of such notice of suspension or within such further period as the Employer may have subsequently approved in writing:
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(b)
If the Consultants become (or, if the Consultants consist of more than one entity, if any of their Members becomes) insolvent or bankrupt or enter into any agreements with their creditors for relief of debt or take advantage of any law for the benefit of debtors or go into liquidation or receivership whether compulsory or voluntary; if the Consultants fail to comply with any final decision reached as a result of arbitration proceedings pursuant to Clause General Condition 4.8 hereof; If the Consultants submit to the Employer a statement which has a material effect on the rights, obligations or interests of the Employer and which the Consultants know to be false. if, as a result of Force Majeure, the Consultants are unable to perform a material portion of the Services for a period of not less than sixty (60) days; or If the Employer, in its sole discretion and for any reason whatsoever, decides to terminate this contract. If the Consultant, in the judgment of the Employer has engaged in corrupt or fraudulent practices in competing for or in executing the contract. For the purpose of this clause: "Corrupt practice" means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the selection process or in contract execution. "Fraudulent practice" means a misrepresentation of facts in order to influence a selection process or the execution of a Contract to the detriment of the borrower, and includes collusive practice among Consultants (prior to or after submission of proposals) designed to establish prices at artificial non-competitive levels and to deprive the borrower of the benefits of free and open competition. In case the contract is terminated, the balance amount of advance fee if any, paid earlier shall be paid back by the Consultant to Employer within thirty days of the termination letter, failing which the same shall be recovered by encashing the existing Bank Guarantee submitted by Consultant.
(c)
(d)
(e)
(f) (g)
4.2.9.2
By the Consultants The Consultants may, by not less than thirty (30) days' written notice to the Employer, such notice to be given after the occurrence of any of the events specified hereunder of this Clause General Condition 4.2.9.2, terminate this Contract;
41
(a) If the Employer fails to pay and money due to the Consultants pursuant to this Contract and not subject to dispute pursuant to Clause 4.8 hereof within forty-five (45) days after receiving written notice from the Consultants that such payment is overdue; (b) If the Employer is in material breach of its obligations pursuant to this Contract and has not remedied the same within forty-five (45) days (or such longer period as the Consultants may have subsequently approved in writing) following the receipt by the Employer of the Consultants notice specifying such breach; (c) If, as the result of Force Majeure, the Consultants are unable to perform a material portion of the Services for a period of not less than sixty (60) days; or (d) If the Employer fails to comply with any final decision reached as a result of arbitration pursuant to Clause General Condition 4.8 hereof. 4.2.9.3 Cessation of Rights and Obligations Upon termination of this Contract pursuant to Clause General Condition 4.2.2 or General Condition 4.2.9 hereof, or upon expiration of this Contract pursuant to Clause General Condition 4.2.4 hereof, all rights and obligations of the Parties hereunder shall cease, except; i) such rights and obligations as may have accrued on the date of termination or expiration; the obligation of confidentiality set forth in Clause General Condition 4.3.3 hereof; any right which a Party may have under the Applicable Law. 4.2.9.4 Cessation of Services Upon termination of this Contract by notice of either Party to the other pursuant to Clauses General Condition 4.2.9.1 or General Condition 4.2.9.2 hereof, the Consultants shall, immediately upon dispatch or receipt of such notice, take all necessary steps to bring the Services to a close in a prompt and orderly manner and shall make every reasonable effort to keep expenditures for this purpose to a minimum. With respect to documents prepared by the Consultants and equipment and materials furnished by the Employer, the Consultants shall proceed as provided, respectively, by Clause General Condition 4.3.9 or General Condition 4.3.10 hereof. 4.2.9.5 Payment upon Termination
ii)
iii)
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Upon termination of this Contract pursuant to Clauses General Condition 4.2.9.1 or General Condition 4.2.9.2 hereof, the Employer shall make the payments to the Consultants provided after offsetting against these payments any amount that may be done from the Consultant: i) Remuneration pursuant to Clause General Condition 4.6 hereof for Services satisfactorily performed prior to the effective date of termination; reimbursable expenditures pursuant to Clause General Condition 4.6 hereof for expenditures actually incurred prior to the effective date of termination; and except in the case of termination pursuant to paragraphs (a) through (g) of Clause General Condition 4.2.9.1 hereof, reimbursement of any reasonable cost incident to the prompt and orderly termination of the Contract including the cost of the return travel of the Consultants' personnel and their eligible dependents.
ii)
iii)
4.2.9.6
Disputes about Events of Termination If either Party disputes whether an event specified in paragraphs (a) through (g) of Clause General Condition 4.2.9.1 or in Clause 4.2.9.2 hereof has occurred, such Party may, within forty-five (45) days after receipt of notice of termination from the other Party, refer the matter to arbitration pursuant to Clause General Condition 4.8 hereof, and this Contract shall not be terminated on account of such event except in accordance with the terms of any resulting arbitral award.
4.3. 4.3.1 4.3.1.1
Obligations of the Consultants General Standard of Performance The Consultants shall perform the Services and carry out their obligations hereunder with all due diligence, efficiency and economy, in accordance with generally accepted professional techniques and practices, and shall observe sound management practices, and employ appropriate advanced technology and safe and effective equipment, machinery, materials and methods. The Consultants shall always act, in respect of any matter relating to this Contract or to the Services, as faithful advisers to the Employer, and shall at all times support and safeguard the Employer's legitimate interest in any dealings with subconsultants or Third Parties.
4.3.1.2
Law Governing Services The Consultants shall perform the Services in accordance with the Applicable Law and shall take all practicable steps to ensure that any
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sub-consultants, as well as the Personnel and agents of the Consultants and any sub-consultants, comply with the Applicable Law. The Employer shall advise the Consultants in writing of relevant local customs and the Consultants shall, after such notifications respect such customs. 4.3.2 4.3.2.1 Conflict of Interests Consultants not to Benefit from Commissions, Discounts etc. The remuneration of the Consultants pursuant to Clause General Condition 4.6 hereof shall constitute the Consultants' sole remuneration in connection with this Contract or the Services and, the Consultants shall not accept for their own benefit any trade commission, discount or similar payment in connection with activities pursuant to this Contract or to the Services or in the discharge of their obligations hereunder, and the Consultants shall use their best efforts to ensure that any subconsultants, as well as the Personnel and agents of either of them, similarly shall not receive any such additional remuneration. 4.3.2.2 Procurement Rules of the Employer If the Consultant as part of the Services, have the responsibility of advising the Employer on the procurement of goods, works or services, the Consultants shall comply with any applicable procurement guidelines of the Employer or the agencies funding such procurement and shall at all times exercise such responsibility in the best interest of the Employer. Any discounts or commissions obtained by the Consultants in the exercise of such procurement responsibility shall be for the account of the Employer. 4.3.2.3 Consultants and Affiliates not to engage in certain Activities The Consultants agree that, during the term of this Contract and after its termination, the Consultants and any entity affiliated with the Consultants, as well as any sub-consultant and any entity affiliated with such sub-consultant; shall be disqualified from providing goods, works or services (other than the Services and any continuation thereof) for any project resulting from or closely related to the Services. 4.3.2.4 Prohibition of Conflicting Activities: Neither the Consultants nor their sub-consultants nor the Personnel of either of them shall engage, either directly or indirectly, in any of the following activities: (a) during the term of this Contract, any business or professional activities in India which would conflict with the activities assigned to them under this Contract; or
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(b) after the termination of this Contract, such other activities objectionable to Employer. 4.3.3 Confidentially The Consultants, their sub-consultants and the Personnel of either of them shall not, either during the term or within two (2) years after the expiration of this Contract, disclose any proprietary or confidential information relating to the Project, the Services, this Contract or the Employer's business or operations without the prior written consent of the Employer. 4.3.4 Liability of the Consultants Limitation of the Consultants Liability towards the Employer (a) Except in case of gross negligence or willful misconduct on the part of the Consultants or on the part of any person or firm acting on behalf of the Consultants in carrying out the Services, the Consultants, with respect to damage caused by the Consultants to the Employers property, shall not be liable to the Employer. (i) (ii) for any indirect or consequential loss or damage; and for any direct loss or damage that exceeds (A) the total payments for Professional Fees and Reimbursable Expenditures made or expected to be made to the Consultants hereunder, or (B) the proceeds the Consultants may be entitled to receive from any insurance maintained by the Consultants to cover such a liability, whichever of (A) or (B) is higher.
(b) This limitation of liability shall not affect the Consultants liability, if any, for damage to Third Parties caused by the Consultants or any person or firm acting on behalf of the Consultants in carrying out the Services. 4.3.5 Insurance to be Taken Out by the Consultants The Consultants (i) shall take out and maintain, and shall cause any sub-consultants to take out maintain, at their (or the sub-consultants', as the case may be) own cost but on terms and conditions approved by the Employer, insurance against the risks, and for the coverage, as mentioned below, and (ii) at the Employer's request, shall provide evidence to the Employer showing that such insurance has been paid. The risks and the coverages shall be as follows :
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(a)
Third Party Motor Vehicle Liability Insurance as required under extant Motor Vehicles Act in respect of motor vehicles operated in India by the Consultants or their Personnel or any Sub-consultants or their Personnel for the period of Consultancy. Third Party Liability Insurance with a minimum coverage for Rs. 5 lakh for the period of consultancy. Employers Liability and Workers Compensation Insurance in respect of the Personnel of the Consultants and of any Subconsultant, in accordance with the relevant provisions of the Applicable Law, as well as, with respect to such Personnel, any such life, health, accident, travel or other insurance as may be appropriate; and Insurance against loss of or damage to: (i) (ii) (iii) equipment purchased in whole or in part with funds provided under this Contract, the Consultants property used in the performance of the Services, and any documents prepared by the Consultants in the performance of the Services.
(b) (c)
(d)
4.3.6
Accounting, Inspection and Auditing The Consultants shall follow standard accounting practices for maintaining their accounts and shall permit the nominated or authorized representatives of Employer to inspect the Consultant's account and records related to the performance of the Consultant, if so required by the Employer.
4.3.7
Consultants Actions requiring Employers prior Approval The Consultants shall obtain the Employers prior approval in writing before taking any of the following actions: (a) appointing such members of the Personnel as are not listed in Appendix- A (Consultants sub-consultants and Key Personnel); (b) entering into a subcontract for the performance of any part of the Services, it being understood (i) that the selection of the subconsultant and the terms and conditions of the subcontract shall have been approved in writing by the Employer prior to the execution of the subcontract, and (ii) that the Consultants shall remain fully liable for the performance of the Services by the sub-consultant and its Personnel pursuant to this Contract;
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(c) any other action objectionable to the Employer. 4.3.8 Reporting Obligations The Consultants shall submit to the Employer the reports and documents specified in Annexe- I hereto, in the form, in the numbers and within the time periods set forth in the said Annexe. 4.3.9 Documents Prepared by the Consultants to be the Property of Employer All plans, drawings, specifications, designs, reports and other documents prepared by the Consultants in performing the Services shall become and remain the property of the Employer, and the Consultants shall, not later than upon termination or expiration of this Contract, deliver all such documents to the Client, together with a detailed inventory thereof. The Consultants may retain a copy of such documents. The Consultants shall not use these documents for purposes unrelated to this Contract without the prior written approval of the Employer. 4.3.10 Equipment and Materials Furnished by the Employer Equipment and materials made available to the Consultants by the Employer, or purchased by the Consultants with funds provided by the Employer, shall be the property of the Employer and shall be marked accordingly. Upon termination or expiration of this Contract, the Consultants shall make available to the Employer an inventory of such equipment and materials and shall dispose of such equipment and materials in accordance with the Employers instructions. While in possession of such equipment and materials, the Consultants, unless otherwise instructed by the Employer in writing, shall insure them in an amount equal to their full replacement value. 4.4. 4.4.1 Consultants Personnel General The Consultants shall employ and provide such qualified and experienced Personnel as are required to carry out the Services. 4.4.2 (a) Description of Personnel The titles, agreed job descriptions, minimum qualification and estimated periods of engagement in the carrying out of the Services of each of the Consultants Key Personnel are described in Appendix A. If any of the Key Personnel has already been approved by the clients his/her name is listed as well.
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(b)
If required to comply with the provisions of Clause General Condition 4.3.1.1 of this Contract, adjustments with respect to the estimated periods of engagement of Key Personnel set forth in Appendix A may be made by the Consultants by written notice to the Employer, provided that such adjustments shall not alter the originally estimated period of engagement of any individual by more than 10% or one week, whichever is larger. Any other such adjustments shall only be made with the Employers written approval. If additional work is required beyond the Terms of reference specified in Annexe -I, the estimated periods of engagement of Key Personnel set forth in Appendix- A may be increased by agreement in writing between the Employer and the Consultants.
(c)
4.4.3 Approval of Personnel The Key Personnel and Sub-consultants listed by title as well as by name in Appendix A are hereby approved by the Employer. In respect of other Key Personnel which the Consultants propose to use in the carrying out of the Services, the Consultants shall submit to the Employer for review and approval a copy of their biographical data. If the Employer does not object in writing (stating the reasons for the objection) within twenty-one (21) calendar days from the date of receipt of such biographical data such Key Personnel shall be deemed to have been approved by the Employer. 4.4.4 Working Hours, Overtime, Leave, etc. (a) (b) Working hours and holidays for Key Personnel are set forth in Appendix B hereto. The Key Personnel shall not be entitled to be paid for overtime nor to take paid sick leave or vacation leave. The Consultants remuneration shall be deemed to cover these items. All leave to be allowed to the Personnel shall be outside the staff-months of service set for in Appendix A. Any taking of leave by Personnel on account of unforeseen circumstances shall be with prior approval of the Employer and the Consultants shall ensure that absence for leave purposes will not delay the progress and adequate supervision of the Services. Further, no fee shall be payable to the Consultant for such leave periods and suitable deductions from the bills shall be made on this account.
4.4.5 Removal and/or Replacement of Personnel (a) Except as the Employer may otherwise agree, no changes shall be made in the Key Personnel. If, for any reason beyond the reasonable control of the Consultants, it becomes necessary to replace any of the Personnel, the Consultants shall forthwith provide as a replacement a person of equivalent or better
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qualifications. The upper limit of substitution on account of various reasons including on health ground should normally not exceed 25% of the total key personnel as given in Appendix A. (b) If the Employer (i) finds that any of the Personnel has committed serious misconduct or has been charged with having committed a criminal action, or (ii) has reasonable cause to be dissatisfied with the performance of any of the Personnel, then the Consultants shall, at the Employers written request specifying the grounds therefore, forthwith provide as a replacement a person with qualifications and experience acceptable to the Employer. Any of the Personnel provided as a replacement under Clauses (a) and (b) above, the rate of remuneration applicable to such person as well as any reimbursable expenditures (including expenditures due to the number of eligible dependents) the Consultants may wish to claim as a result of such replacement, shall be subject to the prior written approval by the Employer. Except as the Employer may otherwise agree, (i) the Consultants shall bear all additional travel and other costs arising out of or incidental to any removal and/or replacement, and (ii) the remuneration to be paid for any of the Personnel provided as a replacement shall not exceed the remuneration which would have been payable to the Personnel replaced. Further for Key Personnel replaced for the second time, the remuneration payable shall not exceed 90% of the remuneration which would have been payable to the originally proposed Key Personnel. Also, if the total replacement of Key Personnel exceeds 25%, the remuneration payable for Key Personnel shall not exceed 90% of the remuneration which would have been payable to the originally proposed Key Personnel.
(c)
4.4.6 Resident Manager The person designated as Team Leader in Appendix - A shall serve in that capacity. The Consultants shall ensure that at all times during the Consultants performance of the Services in India a resident project manager, acceptable to the Employer, shall take charge of the performance of such Services. 4.5. Obligations of the Employer
4.5.1 Assistance and Exemptions The Employer shall use its best efforts to ensure that the Government shall: (a) provide the Consultants, Sub-consultants and Personnel with work permits and such other documents as shall be necessary to enable the Consultants, Sub-consultants or Personnel to perform the Services;
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(b)
assist for the Personnel and, if appropriate, their eligible dependents to be provided promptly with all supporting papers for necessary entry and exit visas, residence permits, exchange permits and any other documents required for their stay in India; facilitate prompt clearance through customs of any property required for the Services; issue to officials, agents and representatives of the Government all such instructions as may be necessary or appropriate for the prompt and effective implementation of the Services; assist the Consultants and the Personnel and any Sub-consultants employed by the Consultants for the Services for any requirement to register or obtain any permit to practice their profession or to establish themselves either individually or as a corporate entity according to the Applicable Law; grant to the Consultants, any Sub-consultant and the Personnel of either of them the privilege, pursuant to the Applicable Law, of bringing into India reasonable amounts of foreign currency for the purposes of the Services or for the personal use of the Personnel and their dependents and of withdrawing any such amounts as may be earned therein by the Personnel in the execution of the Services; and provide to the Consultants, Sub-consultants and Personnel any such other assistance as may be required time to time.
(c) (d)
(e)
(f)
(g)
4.5.2 Access to Land The Employer warrants that the Consultants shall have, free of charge, unimpeded access to all land in India in respect of which access is required for the performance of the Services. The Employer will be responsible for any damage to such land or any property thereon resulting from such access and will indemnify the Consultants and each of the Personnel in respect of liability for any such damage, unless such damage is caused by the default or negligence of the Consultants or any subconsultant or the Personnel of either of them. 4.5.3 Change in the Applicable Law If, after the closing date of bid submission by the consultant, there is any change in the Applicable Law with respect to taxes and duties which increases or decreases the cost or expenses incurred by the Consultants in performing the Services, then the payment to be made to consultants under this Contract shall be increased or decreased accordingly by agreement between the Parties hereto, and corresponding adjustments shall be made to the quoted amounts specified in the accepted offer.
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4.5.4 Services, Facilities and Property of the Employer The Employer shall make available to the Consultants and the Personnel, for the purposes of the Services and free of any charge, the services, facilities and property described in Appendix- C at the times and in the manner specified in said Appendix- C, provided that if such services, facilities and property shall not be made available to the Consultants as and when so specified, the Parties shall agree on (i) any time extension that it may be appropriate to grant to the Consultants for the performance of the Services, (ii) the manner in which the Consultants shall procure any such services, facilities and property from other sources. 4.5.5 Payment In consideration of the Services performed by the Consultants under this Contract, the Employer shall make to the Consultants eligible payments and in such manner as is provided by Clause General Condition 4.6 of this Contract. 4.5.6 Counterpart Personnel (a) If so provided in Appendix- C hereto, counterpart personnel, the Employer shall make available to the Consultants, as and when provided in such Appendix- C, and free of charge, such counterpart personnel to be selected by the Employer, with the Consultants advice, as shall be specified in such Appendix- C. Counterpart personnel shall work under the exclusive direction of the Consultants. If any member of the counterpart personnel fails to perform adequately any work assigned to him by the Consultants which is consistent with the position occupied by such member, the Consultants may request the replacement of such member, and the Employer shall not unreasonably refuse to act upon such request. If counterpart personnel are not provided by the Employer to the Consultants as and when specified in Appendix- C, the Employer and the Consultants shall agree on how the affected part of the Services shall be carried out.
(b)
4.6.
Payments to the Consultants
4.6.1 Cost Estimates The Employer shall pay the Consultant for normal Services in accordance with the Conditions and with the details stated in Annex-III of Financial Proposal, and shall pay for Additional Services if any ordered by the Employer in writing at rates and prices which are given in or based on those in Annex -III so far as they are applicable but otherwise as agreed mutually.
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4.6.2 Remuneration and Reimbursable Expenditures It is understood that the fee quoted by Consultants cover (A) such salaries and allowances as the Consultants shall have agreed to pay to the Personnel as well as factors for social charges and overhead, and (B) the cost of back supporting by home office staff not included in the Personnel listed in Appendix - A and (C) the Consultants fee, (D) bonuses or other means of profit-sharing, if any, and (E) all other expenditure involved in providing the services as per the agreement which are not specifically stated herein above. 4.6.3 Currencies of Payment a) All payments by the Employer under this contract will be made only in Indian Rupees. If any overseas bidder wants to transfer to his country a portion ie; as permitted by Reserve Bank of India time to time, the contract price he wants to repatriate, the Employer will give such assistance as a certificate or a letter to Reserve Bank of India as will help the consultant to convert that part of Indian Rupees into foreign exchange. It is for the bidder to obtain requisite clearances from all the concerned authorities in India for repatriation. The transfer may be done from time to time; but very time, the certificate by the Employer will be for the actual amount payable by the Employer as per the terms of the contract - up to the stage of payment multiplied by the maximum permitted limit or requirement of consultant whichever is less. The foreign currency expressed as a percentage of contract price as required under stipulation a) and b) above should be inclusive of but not limited to specific requirements, such as on account of: Expatriate staff employed directly on the work Social, insurance, medical and other charges relating to such expatriate staff and foreign travel expenses; Depreciation and use of imported plant and equipment, including spare parts, required for the works Foreign insurance and freight charges for plant and equipment, including spare parts etc; Overhead expenses, fees and financial charges arising outside India in connection with the works
b)
c)
i) ii) iii) iv) v)
4.6.4 Mode of Billing and Payment

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Billing and payments in respect of the Services shall be made as follows :(a) (b) No advance payment shall be paid to the Consultant. As soon as practicable and not later than fifteen (15 days) after the end of each calendar month during the period of the Services, the Consultants shall submit to the Employer, in duplicate, itemized statements and other appropriate supporting materials, of the amounts payable pursuant to clauses General Condition 4.6.3 for such month. This monthly payment is applicable only for supervision and management as per the stage (d) of Financial Proposal ( Annexe-III) or otherwise for all other stages, the payment shall become due and payable as and when the task assigned in such stages completed in all respect. The payment for the interim running account bills ( R.A. Bill) shall be made to the Consultant within 15 days of date of certification of the bill by the Employer. For the final bill, the payment shall be made within 45 days of the day of certification of the bill by the Employer provided that there should not be any disputed item. If bills are in order and there are no disputed items, the bills shall be certified by the Employer within seven working days of the receipt of the bill by the Employer. In case Employer feels the submitted bill is not in line with the agreement, the same shall be returned to consultants promptly within seven days to resubmit the bill in acceptable form or withdraw the bill if it is disputed or beyond the scope of agreement. Only such portion of a monthly statement that is not satisfactorily supported may be withheld from payment. Should any discrepancy be found to exist between actual payment and costs authorized to be incurred by the Consultants, the Employer may add or subtract the difference from any subsequent payments. The final payment under this Clause shall be made only after the final report and a final statement, identified as such, shall have been submitted by the Consultants and approved as satisfactory by the Employer. The Services shall be deemed completed and finally accepted by the Employer and the final report and final statement shall be deemed approved by the Employer as satisfactory forty five (45) calendar days after receipt of the final report and final statement by the Employer unless the Employer, within such forty five (45) day period, gives written notice to the Consultants specifying in detail deficiencies in the Services, the final report or final statement. The Consultants shall thereupon promptly make any necessary corrections, and upon completion of such corrections, the foregoing process shall be repeated. Any amount which the Employer has paid or caused to be paid in accordance with this Clause in excess of the amounts actually payable in accordance with the provisions of this Contract shall be reimbursed by the Consultants to the Employer within thirty (30) days after receipt by the Consultants of notice thereof.
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(c)
(d)
Any such claim by the Employer for reimbursement must be made within twelve (12) calendar months after receipt by the Employer of a final report and a final statement approved by the Employer in accordance with the above. 4.7. Fairness and Good Faith
4.7.1 Good Faith The Parties undertake to act in good faith with respect to each others right under this Contract and to adopt all reasonable measures to ensure the realization of the objectives of this Contract. 4.7.2 Operation of the Contract The Parties recognize that it is impractical in this Contract to provide for every contingency which may arise during the life of the Contract, and the Parties hereby agree that it is their intention that this Contract shall operate fairly as between them, and without detriment to the interest of either of them, and that, if during the term of this Contract either Party believes that this Contract is operating unfairly, the Parties will use their best efforts to agree on such action as may be necessary to remove the cause or causes of such unfairness, but no failure to agree on any action pursuant to this Clause shall give rise to a dispute subject to arbitration in accordance with Clause 4.8 hereof. 4.8. Settlement of Disputes
4.8.1 Amicable Settlement The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Contract or the interpretation thereof. 4.8.2 Dispute Settlement Disputes shall be settled by arbitration in accordance with the following provisions: All disputes in respect of subject contract shall be settled by arbitration in accordance with the Arbitration and conciliation Act, 1996 or any statutory amendment thereof. The arbitral tribunal shall consist of 3 arbitrators, one each to be appointed by the Employer and Project Management Consultant. The third Arbitrator shall be chosen by the two Arbitrators so appointed by the parties and shall act as presiding Arbitrator. The language of Arbitration shall be English. Only questions and disputes as were raised during the execution of the work till its completion and not thereafter shall be referred to arbitration.
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However, this would not apply to the questions and disputes relating liabilities of the parties after completion of the work. While invoking arbitration the contractor shall give a list of disputes with amounts in respect of each dispute along with the notice for appointment of Arbitrator. If the Consultant does not make any demand for appointment of Arbitrator in respect of any claims in writing as aforesaid within 120 days of receiving the intimation from Engineer-in-Charge that final bill is ready for payment, the claim of Consultant shall be deemed to have been waived and absolutely barred and the Employer shall be discharged and absolved of all liabilities under the contract. It is also a term of this contract that if any fees are payable to the Arbitrator these shall be paid equally by both parties. The arbitration proceeding shall take place in Mumbai only and same shall be under jurisdiction of High Court of Mumbai. 4.9. Liquidated damages:
4.9.1 In case delay in satisfactory completion of services occurs due to consultant beyond the stipulated period of months as indicated below for the stages of services, the consultant shall be liable to pay liquidated damages @0.05% (one twentieth percent) per calendar day subject to maximum of 2.5% (two and half percent) of contract sum due for that particular stage of services wherein delay occurs. For delays in satisfactory completion of work beyond 3 (three) months, the amount of performance security in part or full as decided by VPT is liable to be forfeited. However, if the completion of services is delayed, extension of time for completion of services shall be granted upon receipt of express request accompanying full justification. In the event of grant of any time extension, the Employer shall pay the same rates on prorate basis as have been applicable prior to the extension and Bank Guarantee(s) towards performance security shall be suitably extended by consultant upon advice by VPT with no extra cost to the Employer. The time period for the various stages of services as indicated in financial proposal, is as under i) Part A assignment (feasibility Study) Services as indicated in payment Scheduled time schedule at Annexe-III (Financial proposal) a) Submission of Preliminary 02 months after award of work report excluding first 15 days as mobilization period. b) Submission of Draft Report 02 months after completion of services (a) c) Submission of Draft Final Report 01 months after completion of services (b) d) Submission of Final Report 01 months after completion of services (c) Note: 06 months period excludes the time taken by the Employer for various approvals.
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ii) Part B assignment ( Detailed Project Report) Services as indicated in payment Scheduled time schedule at Annexe-III (Financial proposal) a) Submission of Draft Report 03 months after award of work excluding first 15 days as mobilization period. b) Submission of Draft Final 03 months after completion of Detailed Project Report services (a) c) Submission of Final Detailed 02 months after completion of Project Report and draft tender services (b) document 08 months period excludes the time taken by the Employer/Government for various approvals. Note: In services indicated for (a) and (b) activities, 06 months period excludes the time taken by the Employer for various Government approvals. ii) The consultant will indemnify for any direct loss or damage which accrue due to deficiency in services in carrying out consultancy services. ********
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SECTION 5 SITE INFORMATION
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5 5.1
SITE INFORMATION : Climate and Meteorological conditions The meteorological data with respect to the present study has been collected from India Meteorological Department, Visakhapatnam for the period of 10 years i.e., from 2000 to 2009 and is furnished here under. i. ii. iii. iv. v. vi. Monthly rainfall Monthly mean air temperature (dry bulb) Monthly mean relative humidity Lowest visibility recorded during the month Monthly mean average wind speed Cyclonic disturbances over Bay of Bengal
5.1
Climate: The climate of Visakhapatnam and its surrounding areas has no appreciable seasonal changes. Being close to the sea, the level of humidity is high. The fluctuations in temperature are fairly uniform in character, except during the dry months when the rise in temperature is higher than it is during the monsoon period. From February onwards, the temperature rises progressively till May, which is the hottest month. During the years 1931-60 the maximum average (mean) temperature was 34oC. This has been showing an upward trend with the minimum and maximum for the period of 1975-81 being reported as 38oC and 29oC, respectively. During the years 2000-09, the monthly mean air temperature is maximum in the month of May and minimum in the month of December and January (Table 6.2). Table-6.1: Monthly total rainfall (in millimetres) during the period 2000 to 2009
2000 Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec NIL 067.2 NIL 023.7 063.9 133.1 014.1 193.4 201.5 137.1 000.4 NIL 2001 Trace NIL 001.6 031.5 046.5 030.9 045.1 132.0 209.0 170.2 274.0 004.1 2002 014.1 NIL Trace 042.6 015.1 143.2 075.4 143.5 023.5 118.4 007.8 NIL 2003 000.3 002.9 062.4 Trace 034.9 017.2 233.3 110.3 150.1 578.4 NIL 082.4 2004 005.6 001.1 NIL 069.6 016.2 169.4 233.7 052.2 105.1 141.7 Trace Trace 2005 013.5 016.6 006.3 036.5 007.7 055.4 105.0 061.8 644.3 581.1 082.0 004.1 2006 NIL NIL 018.7 030.5 080.7 133.1 106.4 327.1 350.4 130.3 133.1 NIL 2007 002.1 008.6 006.9 000.2 073.1 318.9 087.5 057.3 310.6 330.7 001.9 Trace 2008 000.8 218.5 076.0 001.0 014.4 076.8 167.6 129.5 207.3 051.8 027.8 Trace 2009 NIL NIL 014.2 Trace 019.4 105.0 110.4 099.9 154.0 114.7 180.8 Trace
*** Trace-Amount of rainfall recorded is less than 0.1 mm
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The average annual rainfall (Table 6.1) for the city and its surroundings is of the order of 950 mm with the bulk of the rain coming from northeast monsoon. During the period between September and November, storms and depressions originating in the Bay of Bengal cross the east coast in the neighbourhood causing heavy rains and gales. As per Thornthwaites classification, Visakhapatnam and its environs come under the semi arid (D) category. All the elements of climate viz. temperature, pressure, wind, rainfall, relative humidity and other weather phenomena hardly exist and exhibit a well marked variation while January is the coolest month of the year with average temperatures of 30.0oc and 22.5oc respectively. These disturbances generally form at the boundary between the northeasterly winds and south-westerly winds and as such the place of their formation shifts southwards from November to January. Table-6.2: Monthly mean air temperature in degree Celsius during 2000 to 2009
2000 0830 Jan Feb Mar April May June July Aug Sep Oct Nov Dec 23.3 25.0 27.3 30.0 31.5 29.2 28.8 28.1 28.8 28.7 26.6 23.5 1730 25.4 26.4 28.5 30.1 30.9 29.8 29.6 29.1 29.1 29.2 27.4 25.2 2001 0830 23.0 25.2 27.6 29.3 31.1 29.5 29.3 28.5 29.6 28.7 26.3 23.7 2006 0830 23.5 25.4 28.1 29.7 30.5 30.0 28.9 27.9 28.7 28.8 26.6 24.8 1730 25.0 27.0 28.6 29.2 31.3 31.1 30.2 29.1 29.5 28.8 26.7 25.0 1730 25.4 27.2 28.7 29.5 30.5 29.9 30.0 28.5 28.8 28.7 27.0 26.0 2002 0830 23.4 25.1 27.8 29.5 31.1 29.9 30.8 27.8 29.1 28.5 26.1 24.3 1730 25.0 27.0 28.6 29.6 31.4 30.1 31.5 29.0 30.1 28.5 27.0 25.5 2003 0830 23.1 25.7 27.7 30.1 31.4 30.6 28.1 29.1 29.0 27.4 26.5 23.7 1730 24.8 26.9 28.4 29.8 31.0 30.8 28.7 29.0 29.4 28.0 27.2 25.0 2004 0830 22.7 24.9 27.9 30.0 31.2 29.6 28.7 28.8 29.3 28.0 26.4 24.0 1730 24.4 26.5 28.5 29.6 30.9 30.1 28.8 29.8 29.4 28.3 27.1 25.6
2005 0830 1730 Jan Feb Mar April May June July Aug Sep Oct Nov Dec 24.2 26.1 28.3 30.7 31.7 31.4 28.9 29.2 28.5 27.4 25.8 24.1 25.6 27.0 28.7 29.9 31.2 31.5 29.4 29.7 28.7 27.7 26.7 25.0
2007 0830 1730 24.0 25.6 27.7 29.7 31.4 29.4 29.3 28.9 28.3 28.0 26.9 24.9 25.7 26.6 28.3 29.4 31.1 30.1 29.4 29.2 28.6 28.9 27.8 26.0
2008 0830 1730 23.7 24.8 27.4 29.8 31.7 29.1 28.8 28.6 28.9 29.2 26.7 25.0 25.6 25.8 28.4 29.8 31.6 29.7 28.9 29.1 29.1 29.5 27.6 26.6
2009 0830 1730 24.3 26.4 27.8 30.5 31.6 31.3 28.1 29.7 29.4 28.8 26.8 24.5 26.2 27.7 28.6 30.3 31.5 31.7 29.1 29.7 29.9 29.4 27.5 25.9 59
The wind pattern over the study region is presented in Table 6.3. Monthly average wind speed over a period of 10 years from 2000 09 showed the wind speed of around 12 km/hour prevails from February to August. Winds were dominantly from southwest from March to September and from northeast during the rest of the year. During the cyclonic days the wind speed exceeds 50km/hour in this region. The average humidity in the area prevails between 60 to 80% throughout the year (Table 6.4). Table-6.3: Monthly mean average wind speed during the period 2000 to2009
2000 Kmph Jan Feb Mar April May June July Aug Sep Oct Nov Dec 006 008 010 014 011 010 012 010 008 007 007 007 2005 Kmph Jan Feb Mar April May June July Aug Sep Oct Nov Dec 007 008 011 010 013 011 011 009 009 007 008 009 Knots 04 04 06 06 07 06 06 05 05 04 04 05 Knots 03 04 05 07 06 05 06 06 04 04 04 04 2001 Kmph 006 009 009 011 012 010 010 008 007 007 008 007 2006 Kmph 006 006 007 011 010 010 011 012 008 007 007 005 Knots 03 03 04 06 05 05 06 06 04 03 04 03 Knots 03 05 05 06 07 06 06 04 04 04 05 04 2002 Kmph 008 006 010 014 013 011 009 010 008 007 008 005 2007 Kmph 005 007 009 013 009 011 010 009 009 006 006 007 Knots 03 04 05 07 05 06 05 05 05 03 03 04 Knots 04 03 05 08 07 06 05 06 04 04 04 03 2003 Kmph 007 007 009 013 012 016 010 009 007 008 006 008 2008 Kmph 006 006 009 009 010 010 010 010 006 007 008 004 Knots 03 03 05 05 05 05 05 05 03 04 04 02 Knots 04 04 05 07 07 09 05 05 04 04 03 05 2004 Kmph 006 007 010 015 009 012 010 010 006 008 006 006 2009 Kmph 005 006 008 012 011 010 010 007 007 005 007 006 Knots 03 03 04 06 06 05 06 04 04 03 04 03 Knots 03 04 06 08 05 06 05 05 03 04 03 03
60
Table-6.4: Monthly mean relative humidity (in percentage) during the period 2000 to 2009 2000 Jan Feb Mar April May June July Aug Sep Oct Nov Dec 0830 74 78 74 72 69 78 76 80 79 69 1730 67 74 75 78 74 79 74 78 80 70 2001 0830 75 78 74 72 72 76 77 79 76 77 1730 69 74 73 77 76 69 74 82 81 78 2003 0830 75 71 74 73 71 76 72 82 76 73 1730 72 65 74 76 73 81 71 79 77 75 2003 0830 70 76 73 70 71 71 82 78 78 82 1730 68 72 73 76 79 76 81 82 76 81 2004 0830 76 69 70 71 71 74 81 76 78 75 1730 69 67 75 79 73 72 81 74 78 75
64 67 64 56 2005 0830 1730 72 73 74 77 74 73 79 76 81 84 61 61
75 76 68 65 2006 0830 68 69 71 72 74 77 78 82 80 74 71 70 1730 66 69 74 77 77 80 75 81 82 72 73 65
65 61 70 68 2007 0830 73 69 75 72 73 82 79 78 82 76 66 67 1730 67 67 75 78 79 80 79 79 84 72 68 71
65 63 64 65 2008 0830 70 81 70 73 71 76 79 80 80 74 70 78 1730 69 78 71 78 72 77 80 81 82 75 69 73
61 63 70 65 2009 0830 75 73 75 70 69 68 81 76 78 70 73 64 1730 70 73 77 75 73 72 79 77 78 69 71 63
Jan Feb Mar April May June July Aug Sep Oct Nov Dec
76 69 72 71 68 70 79 75 80 84 61 56
Table-6.5: Monthly lowest visibility (meters) during the period 2000 to 2009
2000 Jan Feb Mar April May June July Aug Sep Oct Nov Dec 1200 2000 5000 4000 2000 2000 4000 3000 3000 2000 5000 3000 2001 0750 1500 4000 5000 4000 4000 2000 1500 1000 2500 2000 2000 2002 1500 3000 4000 5000 4000 1500 3000 3000 2000 4000 4000 2000 2003 0800 2000 5000 5000 2000 2000 2000 4000 4000 2000 5000 4000 2004 1000 3000 2000 0500 2000 2000 2000 2000 3000 2000 2000 2500 2005 2000 3000 4000 4000 3000 1500 2500 4000 1000 0500 2000 1000 2006 1000 2000 3000 2000 1500 1000 3000 1000 1000 2000 3000 1500 2007 1500 3000 3000 3000 3000 2000 2000 4000 2000 2000 3000 1000 2008 1000 1500 4000 2000 2000 4000 4000 5000 4000 3000 4000 2000 2009 2000 2000 2000 4000 2000 3000 3000 3000 3000 3000 2000 3000
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5.2
Depressions / Cyclone Information: World wide attention has been focussed on the need for better disaster mitigation programmes towards all the natural hazards. Bay of Bengal is one of the six regions in the world where severe tropical cyclones usually originate in the months of May, November and December. They are well known for their extreme destructive potential and impact on human activities. Associated with the severe cyclones are strong winds, storm surges along the coast, and there is heavy rainfall which results in destruction to life and property. Historically all the tropical cyclones crossing the east coast had their landfall near the major deltas like Ganges, Mahanadi, Godavari, Krishna, Pennar, Palar and Cauvery deltas. The number of cyclones affected Andhra Pradesh from 2000 to 2009 was presented in Table 6.6. They have caused heavy loss to human life and property. Table-6.6: Cyclonic Disturbances over Bay of Bengal during the years 2000-09
Year 2000 S.No. 1 System Cyclonic Storm Period 27-30 Mar 2000 Place of Origin South East Bay and adjoining Andaman sea near Lat 07.50 0 N/Land 90.0 E East Central and adjoining south East Bay of Bengal North Andaman and adjoining East Central and south East Bay. South Andaman Sea and Adjoining South East Bay. Central parts of south West Bay Land fall / Time Dissipated over the sea. No land fall
2000
Cyclonic Storm
15-19 Oct 2000
Dissipated over the sea. No land fall
2000
Cyclonic Storm
25-28 Oct 2000
Bangladesh coasteast of Sagar Island 0 along Long 89.0 E between 0100 and 0300 UTC of 28th. North of Tamilnadu coast, 15 Kms south of Cuddalore at 1130 th UTC of 20 . (1) Sri Lanka coast near Coast Torincomale around th 1200 UTC of 26 . (2) Coast south of Turicornin in the early th morning of 28 .
2000
Very Severe Cyclonic Storm Very Severe Cyclonic Storm
26-30 Nov 2000
2000
23-28 Dec 2000
62
2001
Cyclonic Storm
14-17 Oct 2001
2002
2002
Severe Cyclonic Storm Cyclonic Storm
10-12 Nov 2002 23-28 Nov 2002
West Central and adjoining south West Bay off North Tamilnadusouth Andhra coasts. 0 N/ Lat 12.0 Long 0 82.5 E South East Bay and adjoining Andaman sea. La 04.0 N/Long 0 77.0 E
0
Near Nellore at 0300 th UTC of 16 .
Sagar Island at 0900 th UTC of 12 . Dissipated over North East Bay at 0300 th UTC of 29 . No Landfall. Dissipated over south East Bay at 1500 th UTC of 25 . No Land fall. Myanmar coast, night th of 19 . Orissa coast close to Balasore during night th of 25 . Orissa coast near Chandballi in the th early hours of 28 . North Andhra Coast near Kalingapatnam in the early hours of th 9 . Myanmar coast, th forenoon of 19 .
2002
Cyclonic Storm
21-25 Dec 2002
2003
2003
Very Severe Cyclonic Storm Deep Depression Depression
10-19 May 2003 25-28 July 2003 27-28 Aug 2003 06-09 Oct 2003
South East Bay and neighbourhood. North Bay and adjoining area of Bangladesh. North West Bay of Bengal. Lat 16.5 N/Long 0 84.0 E
0
2003
2003
Deep Depression
2004
Very Severe Cyclonic Storm
16-19 May 2004
2004
Deep Depression Depression
11-14 June 2004 02-08 Oct 2004
East Central Bay and Adjoining North Andaman 0 sea. Lat 17.0 N/ 0 Long 91.5 E East Central Bay and Adjoining Andaman Sea. South East Bay at 0 Lat 11.5 N/Long 0 87.5 E
Orissa coast close to Puri. North Andhra coast close to Kalingapatnam during the morning hours of th 4 . Dissipated over Ocean area
2004
2005
Cyclonic Storm
13-17 Jan 2005
2005
Depression (Over land)
27 Jun th 05 July 2005 29-31 July 2005
th
2005
Deep Depression
South East Bay of Bengal and adjoining equatorial Indian 0 Ocean Lat 05.5 0 N/ Long 87.0 E Gangetic West Bengal and neighbourhood close to Kolkata North West Bengal of Bengal off Orissa coast close to Balasore 0 Lat 21.5 N/Long
0
Dissipated over North West Madhya Pradesh and neighbourhood Orissa coast near Balasore
63
0
87.5 E
2005
Depression
12-16 Sep 2005
2005
Cyclonic Storm
17-21 Sep 2005
2005
Deep Depression
26-29 Oct 2005
2005
Depression
20-22 Nov 2005
2005
Cyclonic Storm
28th Nov nd 02 Dec 2005 06-10 Dec 2005
2005
Cyclonic Storm
North West Bay of Bengal Lat 0 0 20.0 N/Long 88.0 E North East Bay of Bengal Lat 0 20.0 N/Long 0 90.5 E South West Bay of Bengal Lat 0 12.0 N/Long 0 84.5 E South West Bay of Bengal Lat 0 08..0 N/Long 0 84.5 E South West Bay of Bengal Lat 0 10.5 N/Long 0 90.5 E South East Bay of Bengal Lat 0 10.5 N/Long 0 89.5 E
Orissa coast near Paradeep by 0900 UTC of 12th North Andhra coast near Kalingapatnam around 0230 UTC of 19th South Andhra coast close to Ongole by th 0800 UTC of 28 . North Sri Lanka coast in the early morning nd of 22 . Weakened over Ocean
2005
10
Deep Depression
15-21 Dec 2005
South East Bay of Bengal Lat 0 08.0 N/Long 0 87.0 E South East Bay of Bengal and adjoining South Andaman Sea Lat 09.50 N/Long 0 90.5 N/Long 0 90.5 E North West Bay of Bengal Lat 0 0 20.5 N/Long 89.0 E North West Bay of Bengal Lat 0 0 20.5 N/Long 87.5 E North Bay of Bengal Lat 0 0 21.0 N/Long 88.0 E North Bay of Bengal Lat 0 0 20.5 N/Long 88.0 E
2006
Very Severe Cyclonic Storm (Mala)
25-29 Apr 2006
Weakened into a Deep Depression and crossed South Tamilnadu coast near Vedaranniyam by 0530 UTC of 10th Weaknened and dissipated over south West Bay and adjoining West Central Bay of Bengal Arakan coast, south of Sandoway at 0600 th UTC of 29
2006
Deep Depression
02025 Jul 2006
2006
Deep Depression
02-05 Aug 2006

th
2006
Depression
12 Aug 2006
Orissa coast between Paradeep and Chandbali around 1500 UTC of 02nd South Orissa coast between uri and Gopalpur at 0300 rd UTC of 3 . Orissa coast close to Balasore around 1500 th UTC of 12 North Orissa coast close to Chandbali around 1430 UTC of th 16 .
2006
Depression
16-18 Aug 2000
64
th
2006
Depression
29 Aug st 01 Sep 2006 03-04 Sep 2006
2006
Depression
2006
Depression (Over land) Depression
21-23 Sep 2006 28-29 Sep 2006
North West Bay of Bengal Lat 0 0 20.5 N/Long 87.5 E North West Bay of Bengal Lat 0 0 20.5 N/Long 88.5 E Jharkhand close to Jamshedpur East Central and adjoining North West Bay of Bengal 0 Lat.18.0 N/Long8 0 9.0 E West Central Bay of 03-05 May 2007 East Central Bay of Bengal 0 Lat.13.5 N/Long9 0 0.0 E East Central Bay of Bengal 0 Lat.15.0 N/Long9 0 0.5 E West Central Bay of Bengal 0 Lat.15.5 N/Long8 0 6.0 E North West and adjoining West Central Bay of Bengal 0 Lat.18.5 N/Long8 0 7.0 E North West and Bay of Bengal 0 Lat.20.0 N/Long8 0 8.5 E West Central and adjoining North West Bay of Bengal 0 Lat.18.5 N/Long8 0 6.5 E South West Bay of Bengal 0 Lat.11.5 N/Long8 0 5.5 E
Orissa coast near Paradeep around the th noon of 29 North Orissa coast near Chandibali around 0100 UTC of th 04 Dissipated over Bihar and neighbourhood Orissa coast close to Gopalpur around th 1200 UTC of 29 .
2006
2006
10
Cyclonic Storm (Ogni) Depression
29-30 Oct 2006
2007
03-05 May 2007
Soutlh Andhra coast between Ongole and Machillipatnam by th noon of 30 . Arakan coast, morning hours of 05.5.2007 South Bangladesh cost close to south of Coxs Bazar early morning of 15.5.2007 North Andhra Coast close to Kakinada around 2300 UTC of 21.6.2007 Orissa coast near Puri between 000 UTC and 0100 UTC of 29.6.2007
2007
Cyclonic Storm (Akash) Deep Depression
13-15 May 2007
2007
21-29 June 2007
2007
Deep Depression
28-29 June 2007
2007
Deep Depression
05-07 Aug 2007
2007
Depression
21-22 Sep 2007
Orissa coast, North of Paradeep between 0100 UTC and 0200 UTC of 06.8.2007 Orissa coast near Puri around 1300 UTC of 22.9.2007
2007
Depression
27-29 Oct 2007
Weakened into a Well Marked Low Pressure Area over West Central Bay and adjoining south West Bay of Bengal by 0200 UTC of 29.10.2007
65
2007
Very Severe Cyclonic Storm (Sidr)
11-15 Nov 2007
2008
Very Severe Cyclonic Storm (Nargis) Depression
27 Aprilrd 03 May 2008
th
2008
16-18 June 2008
South East Bay of Bengal and adjoining Andaman 0 SeaLat.10.0 N/Lo 0 ng92.5 E South East Bay of Bengal and Neighborhood 0 Lat.12.0 N/Long8 0 7.0 E North West Bay off West North Orissa coasts 0 Lat.19.5 N/Long8 0 8.5 E North Bay of Bengal 0 Lat.19.5 N/Long8 0 8.5 E West Central Bay of Bengal off Andhra Coast 0 Lat.16.5 N/Long8 0 6.5 E South East and adjoining south West Bay of Bengal 0 Lat.11.0 N/Long8 0 5.5 E SriKLanka and neighbourhood 0 Lat.08.5 N/Long8 0 1.0 E
West Bangladesh coast near Longitude 0 89.8 E, around 1700 UTC of 15.11.2007
South West Coast of Myanmar between 1200 and 1400 UTC of 02.5.2008 Bangladesh coast 0 along near Lat 22.0 0 N/Long 89.5 E between 1100 and 1200 UTC of 16.6.2008 Orissa coast near Chandbali between 1600 and 1700 UTC of 16.9.2009 Bangladesh coast 0 near Long 89.5 E about 50 Kms West of Khepupara between 2200 and 2300 UTC of 26.10.2008 South Andhra Coast, North of Kavali between 2200 and 2300 UTC of 15.11.2008 Tamilnadu coast, North of Karaikal near 0 Lat 11.3 N/Long 0 79.8 E between 000 and 0100 UTC of 27.11.2008 Weakened over Srilanka and adjoining South East Bay of Bengal Crossed Bangladesh Coast at around 1600 UTC of 17.4.2009 Crossed West Bengal Coast close to Sagar Island near 0 0 Lat21.8 N/Long88.0 E between 0800 and 0900 UTC of 25.05.2009 Crossed North Orissa coast near 0 0 Lat21.4 N/Long87.4 E between Balasore 66
2008
Deep Depression
15-19 Sep 2008
2008
Cyclonic Storm (Rashmi)
25-27 Oct 2008
2008
Cyclonic Storm (Khaimuk)
13-16 Nov 2008
2008
Cyclonic Storm (Nisha)
25-27 Nov 2008
2008
Deep Depression
04-07 Dec 2008
2009
Cyclonic Storm (Khaimuk) Severe Cyclonic Storm (Laila)
14-17 April 2009
South East Bay of Bengal and neighbourhood 0 Lat.06.5 N/Long9 0 0.0 E th 0600 UTC of 14 April 2009 at 0 Lat.12.5 N/Long8 0 8.0 E 0600 UTC of 23 May near 0 Lat.16.5 N/Long8 0 8.0 E
rd
2009
23-26 May 2009
2009
Deep Depression
20-21 July 2009
0300 UTC of 20thJuly near 0 Lat.2105 N/Long8 0 8.5 E
and Digha between 1600 and 1700 UTC of 20.07.2009 2009 4 Deep Depression 05-07 Sep 2009 0000 UTC of 05 September near 0 Lat.20.5 N/Long8 0 8.0 E
th th
2009
Cyclonic Storm (Ward)
10-15 Dec 2009
0900 UTC of 10 December near 0 Lat.06.5 N/Long8 0 8.0 E
Crossed West Bengal Coast close to Digha 0 0 Lat21.7 N/Long87.5 E between 0700 and 0800 UTC of 05.09.2009 Crossed North SriLanka coast Lat 0 0 08.8 N/Long 81.3 E Between 0800 and th 0900 UTC of 14
5.3
Disastrous Effect of Cyclones: Tropical cyclones constitute a very major hazard than the other climate extremes of natural calamities. Extremely violent winds, heavy and concentrated rainfall and storm surge resulting in large scale inundation and high floods, which are caused by the cyclonic disturbances contribute to colossal loss of life and property and the consequent social and economic consequences which are for reaching in nature. The direct losses that are caused by cyclones which are easy to estimate include loss of capital houses, factories, means of communication, roads, bridges, rain link, etc, social infrastructure (schools, hospitals, etc) loss of stocks including final and intermediately goods, production loss like destruction of crops, death of live stock, loss of business due to closure of shops, industrial production units etc. The economic impact of natural calamity extends to the fields of unemployment, public finance and even balance of payments. The cumulative effect is on the growth of national income. The fulfilment of all or some of the essential functions of the society is prevented and the social structure is disrupted due to the suddenness and the severe intensity of the natural calamities like cyclones. The poorest sections are affected most. In any program of shifting of people to safer locations flow disaster prone areas these sections suffer greater loss of economic opportunities. The occurrence of cyclones cannot be prevented but precautionary measures taken in time can eliminate practically all loss of life and significantly reduce damage to property.
67
ANNEXURE 1 TERMS OF REFERENCE
68
Annexure I TERMS OF REFERENCE

for Consultancy Services for "Development Bheemunipatnam including New Fishing Harbour PART-A 1.0 Preparation of Feasibility Report: of Satellite Port at
General Information of the Project: The Port of Visakhapatnam, on the East Coast of India in between Chennai and Kolkata (latitude 17 41 N and longitude 83 17 E), handled 68.04 million tonnes of cargo throughput during the year 2010-11 surpassing the previous year record throuput of 65.50 million tonnes achieved in 2009-10 and consistently making relentless efforts in enhancing its capacity in consonance with changing requirements of the trade. This included about 31.54 million tonnes of traffic through Inner harbour and 36.50 million tonnes of traffic through Outer Harbour. The Outer Harbour can at present accommodate vessel carriers of up to 1,50,000 1,55,000 DWT. As per the Maritime Agenda 2010-20, the existing level of 68.04 million tonnes (2010-11) the traffic at Visakhapatnam Port has been projected to rise to 83.398 million tonnes in 2016-17 and 102.955 million tonnes in 2019-20. Against this traffic growth, the capacity of the port is projected to increase from the existing level of 62.27 million tonnes (as on 31.3.2010) to 83.398 million tonnes in 2016-17, which will increase to 102.955 million tonnes in 2019-20. The major developments through which the traffic and the capacity of the port will increase are: projected increase of POL traffic due to expansion of HPCL refinery beyond 2013-14; projected increase in coking coal traffic due to expansion of Bhillai Steel Plant and Rashtriya Ispat Nigam Ltd. etc; and anticipated increase in import of steam coal by various power plants in the hinterland of the Port, deepening the entrance channel by 2012, expansion of outer harbour by 2017 etc. The major commodity wise projected traffic vis--vis capacity expansion plan are given below: (In million tonnes) TRAFFIC
COMMODITY POL IRON ORE COAL CONTAINER TEUs OTHERS TOTAL
Existing 31.03.2011 19.27 19.12 10.88 2.57 (0.148) 16.20 68.04
2011-12 16.30 18.30 14.00 2.04 (0.163) 15.62 66.26
2016-17 20.20 21.20 18.50 3.58 (0.286) 19.92 83.40
2019-20 21.50 25.70 27.50 4.67 (0.373) 23.59 102.96 69
In view of the increase in future traffic and also the private players dealing with COAL, LNG, etc., are intended to participate in the development of a Port at Bheemunipatnam, it is proposed to develop a satellite port at Bheemunipatnam. Existing Facilities of Fishing Harbour : Also, the Existing Fishery Harbour, located in the outer harbour of the Visakhapatnam Port Trust, stretches over a land area of 12 hectares and water area of 10.5 hectares. It caters to berthing, landing and repair needs of deep sea fishing trawlers and mechanized fishing boats. A total number of approximately 1232 fishing vessels of different types are presently operating from Visakhapatnam fishery harbour. There is an increase in the number of vessels operating from the harbour over past 10 years. Accordingly the volume and value of fish landings and also export of fish have shown a progressive increase. As per the directions of State Government, as well as the security concerns raised by the Cost Guard and Indian Navy on National Security due to infiltration of foreign materials / trawlers after recent Mumbai attacks, the proposal of Shifting the existing Fishing Harbour to an Alternate location at Bheemunipatnam was initiated by VPT and accordingly, the pre-feasibility report prepared by IMU, Calcutta is being updated by IMU, Visakhapatnam and submitted the draft final copy to VPT which is under examination. Future Projections of Fishing Harbour: The State fisheries department could not furnish any estimate regarding the likely future growth in the number of fishing vessels and the volume of fish catch after the existing fishery harbour is shifted to a new location. In the absence of such information, the consultants (IMU, Visakhapatnam) have assumed the current level of fleet and operation for planning and design of facilities at the new location with scope for future expansion. A future growth of the fishing harbour in terms of increase in the number of fishing vessels by 15% every 10 years is assumed by the consultants (IMU, Visakhpatnam). Category of vessels considered are : S. No 1. 2. 3. Type / Size 10 x 4 M 15 x 4 M 25 x 8 M No. of boats 153 220 132
Keeping in view the growth potential private industries and demand arises from the private participation, it is proposed to prepare a detailed
70
Feasibility Report for development of a Satellite Port at Bheemunipatnam duly developing additional berthing facilities, dry dock etc, including Fishing Habour on PPP mode. 2.0 Objective of Assignment : The objective of this consultancy service is to provide qualitative consultancy services for preparation of A.: Feasibility Report B.: Detailed Project Report and project structuring if found feasible C. Project Management Consultancy Services for implementation The focus should on analysis of the existing situation, nature and magnitude of problems to be addressed, need and justification for the project in the context of national priorities, alternative strategies, initial environmental and social impact analysis, stake holder commitment and risk factors. The Feasibility Report should establish whether the project is conceptually sound and feasible and enable a decision to be taken regarding inclusion in the Plan. 3.0 Scope of consultancy services: The proposal is to prepare a DFR for Development of a Satellite Port including Fishing Harbour at Bheemunipatnam. An extent of 172 Acres of VPT land is available at this location and a water front of 2 km with water limits as shown in the drawing and the same shall be made available with the successful bidder of this work. The scope of consultancy services shall include but not necessarily be limited to the following activities:3.1 The consultant shall make preliminary site investigation of the project. Also the consultants shall study and refer available relevant reports / data with the Port Analysis of the existing situation, nature and magnitude of problems to be addressed. Need and justification for the project in the context of national priorities be examined for the project. The consultant shall review the traffic reports available with the port and forecast the traffic for at least next 20 years. This shall cover in detail the main line traffic and feeder traffic in export / import. The sensitivity of increasing ship size to the achievable traffic shall be established.
3.2
3.3
71
3.4
Comprehensive Traffic survey and forecast the projections with reference to the present and future traffic to be handled by the port with specific reference to the cargo. The sizes and types of ships should be critically identified and specified for all types and the flying speeds while approaching in the channel and other Operational areas and stoppage length, permissible waves and currents climate should be identified. For Breakwaters: Different type of breakwaters namely mound type considering suitable Armour unit, vertical caisson types, wide berm types and composite types with permissible top levels. These structures should be for different water depths from 10m, 15m, 20m, and 25m. and 30Mtrs. The dredged material should be identified for different types of use namely beach nourishment and the north side and south side. Requisite hydraulic model studies in wave flumes by using regular and random waves at premier hydraulic research station like CWPRS, Pune be duly considered. Cost estimate shall be prepared for the estimated quantity with possible alternatives / options. The consultant shall also examine the option for the dumping of the dredged spoil either offshore dumping ground or at the vicinity of the VPT for the purpose of plantation of mangroves or other purpose. The best suited alternative shall be recommended. For different types of breakwaters and beach nourishment strategies, the type of equipments required for all types of breakwaters and soil use should be identified and maintenance and replacement strategies should be identified.
3.5
3.6
Cost benefit analysis shall be carried out in terms of economic and financial analysis including sensitivity analysis for various options / alternatives. And also clearly indicate type of manning required for execution and maintenance. Formation of Special Purpose Vehicle (SPV) : The consultant shall also examine the possibility / feasibility of formation of Special Purpose Vehicle (SPV) for the execution of this project and accordingly financial analysis to be made for this option The efforts put in by VPT till now for 20 years for beach nourishment of the north beach should be clearly brought out by examining historical records of surveys, satellite imaginaries in a reach of 10km. Initial environmental and social impact analysis may be examined for the project. Review of all available reports / information about Outer Harbour and the influence area and access the impact of development plans
72
3.7
3.8 3.9
in the influence area as well as the developmental plans of VPT in the surrounding areas 3.10 Evaluation of quantitative and qualitative requirements of vessels likely to call at VPT based on the traffic survey 3.11 Selection of parameters of design vessels for assessing requirement of navigational area i.e approach channel, turning circle/s, anchorage etc., 3.12 Conduct soil surveys and collect available soil data from organisations in the area and to assess the soil characteristics for the new Jettties, Break Water and trestle bridge constructions and also conduct Jet probing if any rock dredging is necessary for the proposed deepening programmes. And also carryout additional soil survey/Geo-technical suitable for breakwaters, berths etc., 3.13 Conduct detailed topographic surveys for recording all physical features, nearby structure ground levels etc., and to prepare a layout drawing showing the existing features / structures, including cross sections wherever required. 3.14 Study of the existing meteorological and hydraulic regime within the Bheemunipatnam area to identify the requirements for safe navigation and manouvering of the vessels at all times
By carrying out detailed physical wave model study for wave tranquility, also carry out mathematical model studies by for flow conditions and wave climate, sedimentation covering comprehensive area of the proposed development, existing Outer Harbour and existing Coastal lines. For carrying out the such spectra, wave directions. The coastal current should have information about model studies, the proto type data of waves and coastal currents to be obtained from the concerned agencies. The wave data should have information about wave magnitude and directions. Based on all these information monthly conditions should be apparent.
3.15 Prepare various alternative layouts and establish the optimum / suitable layout for approval The type of structures for breakwaters and berths, reclamations, need for providing different depths and dimensions of operational areas should be identified. 3.16 Study the siltation pattern, littoral drift (direction of sand movement) due to tides, waves and predominant currents should be carried out and consider the same as basis in the planning process.
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3.17 Navigational parameters such as stopping distance, safe manoeuvring area of vessels shall be taken into account while designing the break waters, berths, approach channel and turning circles etc., as per the IS standards for safe navigation and also to comply the IMO guidelines and ISPS code etc., with regard to safe navigation of vessels while preparing the feasibility report. 3.18 Prepare various alternative layouts and establish the optimum / suitable layout for approval. 3.19 a) After approval of the most suitable layout, to conduct detailed field survey for the approved layout and establish horizontal controls on the ground through reference pillars at required intervals and vertical controls through series of bench marks. The bench marks shall be fixed on permanent structures along the alignment of the proposed structures. b) The maintenance strategies like maintenance quantities month wise should be specified. Also the type of dredging equipment required and disposal grounds should be specified. The type of maintenance specified for jetties, breakwaters and berths should be indicated. 3.20 Preparation of the detailed drawings for the final layout and cross sections of various structures like Jetties, Break Waters and trestle bridges etc., 3.21 Identify the road, rail, power (HT) lines, under ground telephone cables, drains, and water supply line etc., which would need diversion as a consequence to the proposed schem, and select alternative locations / routing for the same in consultation with the concerned agencies / department. 3.22 Examine various geometric design options for the alignment and construction of proposed Jetties, Break Water structures and trestle bridges and establish the economic options 3.23 Propose and draw up TOR for additional studies such as hydraulic and mathematical model studies for testing of location and alignment of berths. Need for maintaining the physical & mathematical models should be specified 3.24 Preparation of preliminary designs, drawings, specifications for the proposed structures and the designs should be proof checked by consultancy 3.25 Establish design criteria for the marine structures. Type of return period for events like earthquake currents, waves, cyclones etc., should be specified.
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3.26 Consider various other relevant aspects / consequences / requirements of the recommended development works 3.27 Preparation of realistic cost estimates based on the prevailing rates for implementation of the project 3.28 Prepare a realistic implementation schedule for the project 3.29 Financial and Economic evaluation of the proposal (with or without project) and calculation of FIRR and EIRR 3.30 The consultant shall work out various options / alternative structures for carrying out the project including Port undertaking the project on its own or port having Joint Venture with Public Section Participation or PPP / formation of Special Purpose Vehicle (SPV) or any other option for the execution of this project 3.31 The consultant shall evaluate in detail in close coordination with the Ministry of Environment, the environment aspects of the recommended facility including working conditions and safety, analyse the probable effect on the environment of the proposed development and make proposal under the guidance of the Ministry of Environment for the elimination / reduction of the adverse effects as per the statutory regulations. 3.32 Prepare pre-qualification and final bid documents for selecting executing agency/ies. 3.33 The consultant should identify the cases of Port development like the presently contemplated Outer to Outer Harbour namely Breakwaters in water depths of more than 15meters,exposure to severe cyclonic conditions, earthquake and Tsunamis and the information about such cases should also be included along with the costs. 3.34 Borrow areas of material for Breakwaters Jetties,berths,reclamations constructions should be identified. and
3.35 For construction of breakwaters, berthing structures and reclamations, the type of tugs, barges, floating cranes,trucks,dumpers etc.,should be specified along with the requisite manning requirements. Also the type of surveys with required instrumentations and then manning requirements should be specified. 3.36 The effects of the Outer Harbour expansion scheme in the surrounding regions should be identified. These effects were typically like modifications in the wave climate, sea current fields, and sediment movement, erosion and deposition of the beaches
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and Bathometry changes. These changes and short term effects as well as long term effects should be identified. 3.37 The present and future traffic should be well identified and possibility of using the navigational aids like signal stations should be identified and any additional requirement should be specified. The existing traffic monitoring systems like VTMS should be examined and any augmentations and instruments be specified. 3.38 Real time wave climate information in the proposed development region and surrounding regions, possibility of providing wave climate information may be explored and provided for use in the developmental activities and subsequent future use. 3.39 Real time monitoring of Costal currents in the development region and surrounding areas be explored and provided. 3.40 In addition to presently contemplated commercial Port development if other organizations like Indian Navy/ Coast guard want to include their development proposals. This may also be duly included. 3.41 The consultant shall make necessary provisions in the project for accommodating activities involving Coal handling, Gas Storage, etc., and catering to such related berth in the project duly earmarking all related facilities as per the statutory norms including water front, land, isolated operational requirements etc., duly conducting the need based studies. The necessary studies including but not limited to a) Hydraulic Model Study Report in the area i) Near off shore oil terminal ii) North Break Water b) Vessel Maneuvering Study Report c) Metoceanic data for outer harbour d) Port anchorage data on the outer harbour e) Any additional data that may be relevant for the facility 4. Reports All reports and documents prepared by the Consultants shall be professional, precise and objective. The report formats shall be finalised in Consultation with the Employer officials. The consultant shall make power point presentations to VPT officials or Ministry of shipping if required and should assist VPT for seeking approval from the Government. The Consultants shall provide the following reports to VPT: i. ii. Preliminary report ( 5 numbers of hard copies and one soft copy) Draft Feasibility Report ( 5 numbers of hard copies and one soft copy)
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iii. iv.
Draft Final Report (5 numbers of hard copies and one soft copy) Final Feasibility Report (5 numbers of hard copies and one soft copy)
5.
Consultant shall in Consultations/coordination with Port officials of VPT. Private Terminal Operators of VPT. Govt. of India officials (Ministry of Shipping, Ministry of Environment and Forest, Andhra Pradesh Pollution Control Board etc), Shipping lines.
Any other relevant agencies.
6.
Stages of payment for the services of Part-A (Feasibility Report) are as under: For Part A which is 10% of total fees: The payment of 10% shall be made in the following stages:
Description of services
Percentage payment of Part A fees
i) ii) iii) iv)
Submission report
of
Preliminary
10%
Submission of Draft Feasibility Report Submission of Draft Final Report Submission of Final Feasibility Report
40%
30% 20%
NOTE:
The port may at its discretion terminate the services of the Consultant after completion of this stage and the Consultant will then be paid only for Part-A services. All the payment under this contract will be made only in Indian Rupees. The fees/price may be quoted in Indian Rupees only. The consultants shall be paid for the services rendered as per the TOR as per payment schedule given above. The Service Tax prevalent will be paid extra to the consultant.
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7.0 TEAM COMPOSITION :
Team Composition proposed to be deployed a) Relevant experience of Experts : Points will be given for each expert as under: i) Technical Expert Maximum score : Minimum qualification of Bachelor in civil engineering with minimum experience of 15 years having knowledge in various filed of civil engineering and marine engineering. The scores will be based on the following parameters - Number of years of experience - Higher academic qualification like Post Graduation - Knowledge in civil engineering and marine engineering - Continuous experience in consultancy firm - Number of consultancy assignments executed - position while executing assignments ii) Financial Expert Maximum score : Minimum of MBA from reputed university with finance measures or CA/ICW or equivalent qualification from any foreign university/institution with minimum experience of 15 years The scores will be based on the following parameters - Number of years of experience - Higher academic qualification like Post Graduation - Continuous experience in consultancy firm - Number of consultancy assignments executed - assignments like project structuring / financial analysis done and position during execution iii) Environmental Expert : Minimum Post Graduation in environmental science/ engineering with minimum experience of 15 years. The scores will be based on the following parameters - Number of years of experience - Higher academic qualification like PhD - Continuous experience in consultancy firm - Number of consultancy assignments executed - Assignment in environmental field executed and position during execution iv) Public Private Partnership(PPP) Expert : Minimum qualification is Post Graduation with minimum experience of 15 years. The scores will be based on the following parameters - Number of years of experience - Higher academic qualification like PhD - Continuous experience in consultancy firm - Number of consultancy assignments executed - Assignment in PPP projects executed and position during execution
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Minimum of Bachelor degree in civil engineering or in Mechanical Engineering or dredge Master with minimum overall experience of 15 years after graduation in which atleast 06 years experience in dredging work The scores will be based on the following parameters - Number of years of experience - Higher academic qualification like post graduation - Number of PMC assignments executed - Number of similar PMC assignments executed - Position during execution of PMC assignments
8.0 Remuneration Component: The man month rates inclusive of residential accommodation, allowances, all other expenses/overheads shall be considered only for deduction or addition purpose in case of absence or extra deployment of on site key personnel if ordered by Employer.
Sr. No. Position Estimated Person days per Months Input On site Key Personnel 1 2 3 4 5 Team Leader ( Resident Engineer) Dy. Resident Engineer Sr. Engineer (Construction) Engineers (Construction) (for one person) Junior Engineers / Hydrographic surveyor (for one person) 26 52 52 30.5 30.5 Man Month Rate (Rs)
Note:
The minimum requirement of on site personnel requirement is given in para-4 of Terms of Reference (Annex-I). Off site requirement has to be assessed by the consultant based on scope of assignment. The lump sum price of Part-C assignment shall include all onsite and off site personnel deployment expenditure. In case of absence of any personnel indicated above, the respective amount shall be deducted on pro-rata based on man month rate provided by the consultant for each discipline, from the lump sum price of Part-C.
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In addition to this, consultant may have to provide relievers for Engineers and Junior Engineers / hydrographic surveyor during weekly off and other leave periods / holidays at no extra cost. For category Sr.N.1 to 3 of key personnel and all other staff, are entitled to avail leave on declared holidays of VPT. Consultant has to assess the requirement of other staff like Accountant, computer operator and other clerical staff. The cost towards deployment of these other staff is deemed to be included in the quoted price. Any external/internal experts as and when required for tackling technical/environmental/legal matter, same have to be arranged by consultant at no extra cost. Consultant has to take note of all these aspects while submitting the financial proposal for completion of entire assignment in all respect. Consultant shall provide assistance /services if any required for obtaining necessary Statutory clearances from the Government and other concerned authorities and the expenditure towards traveling outstation and back by economy class air fare and accommodation in three star hotel will be reimbursed to the consultant as per the actuals.
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Part-B
Detailed Project Report (DPR):
Part-B is the next stage. The port may at its discretion terminate the services of the Consultant after Part A stage. If the port decides to undertake the next stage i.e Part-B, then the Consultant shall prepare Detailed Project Report (DPR) and the Terms of Reference is as under: 1.0 The aim of this assignment is to examine the qualitative and quantitative requirements for developing the berthing facilities in the Outer Habour area to enable the port to handle large size vessels. The study involves review of the existing reports/surveys, as available with the Port, and analysis thereof to ascertain likely growth of traffic and the number and size of vessels likely to call on the port upto the year 2026, study the alignment of additional berthing facilities at Bheemunipatnam etc., Environmental aspects have to be looked into in detail. Environment Impact Assessment (EIA) and an Environment Management Plan have to be prepared. Consultants are also required to recommend field studies as necessary and also assist the port in selecting competent agencies for these. Consultants shall monitor the field work, scrutinize results of the studies and thereafter make suitable and appropriate recommendations. Cost estimates, implementation schedule, possible investment models, preparation of documents for inviting bids for selection of executing agency shall also form part of this assignment. Detailed Project Report is required to be finalised in following stages:(i) Inception report, on the basis review of Feasibility report, other available reports, of survey of available documents, inspection of site and preliminary discussions with the Port officials, Govt. officials, present and potential customers, other groups/agencies likely to have interest in this project. A detailed report on traffic forecast covering the period upto 2026. Selection of critical Design Vessel/s. Suggestions and preliminary recommendations regarding additional facilities and feasible alignment of the proposed marine structures. Study and indicting Field and mathematical model studies including but not limited to geo-technical investigations and hydraulic model studies required for completion of DPR. Recommendations regarding technically feasible alternatives. Ascertain the quantities of capital as well as maintenance dredging. Preparation of Environment Impact Assessment report including Environment Management Plan.
2.0
3.0
(ii) (iii) (iv) (v)
(vi) (vii) (viii)
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(ix) (x)
Preparing cost alternative/s.
estimates
for
execution
of
recommended
Financial Feasibility and project structuring: The consultant shall work out various options / alternatives structures for carrying out the project including the Port undertaking the project on its own or port having Joint Venture with Public Sector unit or PPP/ formation of Special Purpose Vehicle (SPV) or any other option for the execution of this project. Economic and financial viability studies. Preparation and submission of draft of tender document for execution of the project. Possible investment and cost recovery models. Draft final Detailed Project Report (DPR). Final Detailed Project Report. After submission of the final DPR, Consultants would be required to assist port authorities in clarifying the queries of Govt of India on the DPR. Consultants assistance will also be necessary in obtaining environmental clearance for the project.
(xi) (xii) (xiii) (xiv) (xv)
NOTE :
4.0
The scope of work for preparation of DPR shall include (but not limited to) the following activities:(i) a) Review of following reports/proposals prepared by the Port in the past:A Business Plan for VPT prepared by Tata Consultancy Services in 2007 Pre-Feasibility Report on Shifting of Existing Fishing harbour from Visakhapatnam to Bheemunipatnam by IMU, Visakhapatnam in April, 2011 Any other documents or old reports, as available with the Port and accessed by the consultants.
(b) Consultations with Port officials of VPT. Govt. of India officials (Ministry of Surface Transport, Ministry of Commerce & Industries etc). Officials of Indian Railway Shipping lines. Freight forwarders.
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Chamber of Commerce & Industries. Confederations of Industry, Petroleum Industry, Natural Gas, Agriculture, Fertilisers.
(c) Site Inspection/Field visits NOTE: On completion of (a), (b) and (c) Inception Report is to be submitted. (ii) (iii) Traffic studies and forecast volumes covering period upto 2026. Evaluation of quantitative and qualitative requirements of vessels likely to call at VPT upto period of 2026, based on the traffic survey. Selection of parameters of design vessel/s for assessing requirement of navigational area i.e. approach channel, turning circle/s, anchorages etc. Study of the existing meteorological and hydraulic regime at the Bheemunipatnam area to identify the requirements for safe navigation and manouvering of the vessels at all times. Review the existing regime of the Visakhapatnam Harbour berthing layout and analyse the proposed facilities and its suitability for the design vessel/s. Examine and suggest alternative geometric designs of the berthing facilities bringing out the requirements of developmental activity either in one go or in stages so as to avoid hindrance to the operational activities in the port. Propose and draw up terms of reference for additional studies such as hydraulic and mathematical model studies, simulation exercises for design vessel/s (considering prevailing meteorological/hydraulic regime of the harbour, vessel characteristics etc.,) and geotechnical investigations etc for assessing suitability of the proposed design of the berthing structures which will be got done by VPT. Co-ordinate with the selected agencies and assist VPT in supervising and monitoring the above said studies. Examine the suitability and adequacy of existing dredge spoil dump grounds located off shore and make recommendations for possible locations for dumping dredged materials. Make recommendations for selection of preferred alternative/s. Financial Feasibility and project structuring: The consultant shall work out various options / alternatives structures for carrying out the project including the Port undertaking the project on its own or port having Joint Venture with Public Sector unit or PPP/ formation of
(iv)
(v)
(vi)
(vii)
(viii)
(ix) (x)
(xi) (xii)
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Special Purpose Vehicle (SPV) or any other option for the execution of this project. (xiii) (xiv) (xv) (xvi) Carry out financial and economic viability studies of the project for the preferred alternative/s. Prepare cost estimates for implementation of the project. Prepare a realistic implementation schedule for the project. Examine the environmental aspects of the project and prepare environment impact analysis & management plan including study of suitability of use of dredged spoil in the vicinity of the port area for growing mangroves.
(xvii) Examine possible investment and cost recovery models. (xviii) Prepare pre-qualification and final bid documents for selecting executing agency/ies. 5.0 The documents/reports to be delivered by the consultants shall be as under: a) b) c) d) Inception Report. Traffic Analysis (forecast ). up to the year 2026. Traffic studies covering traffic fore cast
Report on technical aspect covering points listed at para 4.0 (ii) to (viii), 4.0 (xi) and 4.0 (xii) Financial Feasibility and Structuring the project with Financial and economic analysis of proposal/s. Report on possible investment and cost recovery models Environment Impact Analysis report and Environment Management Plan. Executive summary covering the above. Draft tender document for inviting global bids for execution of the project.
e) f) g)
NOTE : No. of copies of Reports to be supplied by the consultants shall be as under: (i) (ii) (iii) (iv) Draft DPR Draft Final DPR Final DPR Tender document : 5 hard copies and one soft copy : 5 copies and soft copy. : 10 copies and soft copy. : 5 hard copies and one soft copy
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6.0
Stages of payment for the services of Part-B (Detailed Project Report) are as under: For Part B which is 30% of total fees: The payment of 30% shall be made in the following stages:
Description of services
Percentage payment of Part B fees 20%
i) ii) iii) iv)
Submission of Draft Detailed Project Report Submission Report of Draft Final
40%
Submission of Final Detailed Project Report After receipt of approval from Government for implementation of Project
30% 10%
NOTE:
The port may at its discretion terminate the services of the Consultant after completion of this stage and the Consultant will then be paid for Part-A as per 3.1 above and Part-B services. All the payment under this contract will be made only in Indian Rupees. The fees/price may be quoted in Indian Rupees only. The consultants shall be paid for the services rendered as per the TOR as per payment schedule given above. The Service Tax prevalent will be paid extra to the consultant.
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86
Note:
87
88
PART-C.
Services of Project Management Consultant
Part-C is the next stage. The port may at its discretion terminate the services of the Consultant after Part A stage and Part B stage. If the port decides to undertake the next stage i.e Part-C, then the Consultant shall assist in identification of implementation agency and Project Management Consultancy (PMC) services and the Terms of Reference is as under: 1.0 Objectives of assignment: The aim of this consultancy service is to provide qualitative technical and administrative services for implementation and management of the Outer to Outer Harbour project. The objectives of the proposed consultancy services are: i Inviting global tenders, scrutiny and analysis of bids, presentations, recommendation for award of work and necessary assistance to Employer to obtain approvals from Government and other statutory bodies and issuance of construction drawing for execution of dredging works. Comprehensive supervision of project implementation activities carried out by the Contractor to ensure complete compliance with the drawings, technical specifications and various stipulations contained in the Contract Documents. Efficient construction supervision by personnel who are experienced in the marine infrastructure development and contract management. Ensure high standards of quality assurance in the execution of work and completion of the work within the stipulated time limit.
ii
iii
iv 2.
Contract management Framework (CMF) The main feature of Contract Management Framework (CMF) formulated for the executions of the proposed construction of works are; i. The Visakhapatnam Port Trust (VPT), will administer the project. as a representative of Board of Trustees of VPT, a body corporate under Major Port Trust Act 1963 acting through its Chairman, Deputy Chairman or the Chief Engineer or any other officers so nominated by the Board. To administer the Contracts under the Project, VPT will be the contractual employer, the Employer has a Project Implementation Unit (PIU) to be in-charge for the contract. This PIU is headed by a Chief Engineer assisted by appropriate professional and support staff. The Chief Engineer will act on behalf of the Employer
ii.
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iii.
Consultant shall be the Engineer for the project. Team Leader of Consultants shall be resident at the project site and act as Engineers Representative. The Engineer shall have a team of experienced professional and support staff for the execution of the Consultancy Service under the Contract including liasoning with head quarters of consultant as and when required. The Supervision Consultant will make the necessary measurements and control the quality of works. The Supervision Consultant shall make all engineering decisions required during the implementation of the Contract. However, the Supervision Consultant shall seek prior approval of the Employer with regard to the following; a. b. c. d. e. f. variation order with financial implications, except in an emergency situation as reasonably determined by the Engineer. variations in work quantities which attract for fixation of rates. sanction of additional items, sums or costs and variations of rates and prices. Approve the subletting of any part of works Approve any extension of contractual time limits Stopping and/or termination of the Contract for Works
iv.
Scope of consultancy services: The scope of project management consultancy services shall include but not necessarily be limited to the following activities:-
3.1 i
Detailed Engineering and Administration: Consultant shall plan the developmental activity of Outer to Outer harbour, berthing configuration, Break water alignments and dredging activities and shall submit the approach and methodology for smooth implementation of the Project to ensure that these are satisfactory with particular reference to the technical requirements, project implementation schedule and environmental aspect as well as safety of works, personnel and the general public. ii Consultant shall prepare detailed implementation methodology including but not limited to, co-ordination procedure with Employer and contractor/vender taking in to account it is an operating port. Consultant shall make review of detailed estimates and financial analysis of the entire project if required including other related works required to be taken up to ensure the completion of project in all respect, to enable the employer to obtain necessary approvals from the Government of India prior to the award contract. Consultant shall also assist employer to arrange for presentations/ discussions and
iii
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providing necessary information, backup details for the estimate to justify the proposal to appropriate sanctioning authority if any. iv) In case the project is decided to be taken up as a Public Private Partnership (PPP) mode, the consultant shall provide the services as Transaction Advisor for the project. As a Transaction Advisor for PPP project, the consultant shall provide the following services a) Propose different modules for the PPP project for decision by the Employer b) update the estimate, prepare Techno Economic Feasibility Report (TEFR), structuring the project on PPP mode c) Prepare the proposal to PPPAC for the approval of the Government of India d) Evaluation PPP applicants and shortlisting e) Assist Employer for getting various approvals from the Government. f) Prepare the proposal on upfront tariff for the approval of the TAMP if required and assist Employer during the process of such approval. g) Prepare the Tender documents and Draft Concession Agreement Outer harbour development work on PPP mode and assist Employer during both stages of the tendering process (i.e. Request For Qualification and Request For Proposal), preapplication conference, evaluation and up to award of concession to the agency. h) Any other services as required during PPP process. v On the basis of Detailed Project Report (DPR) and other relevant details available with Employer, consultants shall prepare detailed designs, drawings/charts/sections, preparation of Notice Inviting Tender, review and finalization of draft tender document on basis of FIDIC model for the execution of the project keeping in view of scope of works, time of completion, techniques required to be adopted and availability of equipments with renowned firms, restrictions in respect of navigation, safety and environmental aspects exist in proposed location. Consultants shall, on behalf and in consultation with the Employer, invite global bids for the execution of the project, thereafter on receipt of the bids, consultants shall scrutinize, and evaluate the bids in line with the tender conditions and submit detailed report with specific recommendations for the relevant approval for the award of work. To administer and manage the project Scrutinise the Contractors detailed work programme, suggest modifications, if any, in the work programme after a careful study keeping in view the overall interest of the project and recommend the same for approval of the employer.
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vi
vii viii
ix x xi
Scrutinise Contractors superintendence, personnel and suggest modifications, if any. Initiate advance actions for handing over of site and timely issue of drawings Scrutinise the technical expertise proposed by the Contractor for carrying out the works to ensure that these are satisfactory with particular reference to the technical requirements, project implementation schedule and environmental aspects as well as safety of works, personnel and the general public. Actual setting out data and issue the same for execution. Scrutinise and approve the Contractors working drawings and drawings for temporary works as required for execution. Assist contractor in liasoning and coordinating with the local authorities. Certify, as executed drawings/charts for each component furnished by contractor. Review and ensure conformity of contractors securities in approved format The consultant shall be responsible for the inspection of the indigenous or imported items involved in the work. Employers representative may witness the inspection of material at manufacture's place. The consultant shall provide technical assistance and furnish information as may be required by the employer in connection with audit comments and queries from Central Vigilance Commission, Government of India and any other statutory bodies etc. Consultants shall prepare and monitor Project network, bar chart, monthly progress report format, purchase procedure, import and export formalities, custom clearances etc. Consultant shall also prepare implementation package based on the approved design basis.
xii xiii xiv xv xvi xvii
xviii
xix
3.2
Construction Activity Supervision: i. Carry out detailed checking and verification of the setting-out data available in DPR and in possession of Employer like bathymetric charts, seismic profiles, soil investigation reports and model studies reports to ensure conformity with the working drawings for execution.
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ii.
Carry out regular inspection of the Contractors equipment, plant, machinery, installations, housing, medical facilities etc and ensure they are adequate and are in accordance with the terms and conditions of the Contract in respect all complying with statutory requirements pertain to construction, labour, insurance and any other requirements imposed by the statutory bodies time to time. Direct the Contractor to carry out all such works or to do all such things as may be necessary to avoid or to reduce the risk in case of any emergency affecting the safety of life or of the works or of the adjoining property and advise the Employer thereof as soon thereafter as is reasonably practicable. Supervise the Contractor in all matters concerning safety and care of the work including environmental aspects and labour welfare. Inspect the Works on substantial Completion before taking over and indicate to the Chief Engineer any outstanding work to be carried out by the Contractor before issue of completion certificate by the Employer. Any dredging activity during construction, in front of existing structures shall be closely monitored. The consultants shall ensure that no structural members shall be damaged by the contractor during execution. Checking and ensuring dredged spoil is being dumped at designated dumping grounds. On completion of Construction work, before issuing of completion certificate to the Contractor, consultant shall provide to the Employer, photographs, detailed design calculations, specifications of equipment installed etc. and obtain certificate from Employer in respect of satisfactory completion of work.
iii.
iv. v.
vii
viii x
3.3
Testing of Material and works: i. Evolve and implement a system for the quality assurance of the works and acceptance criteria. The sampling methods and the acceptance criteria shall be as per the international practices. Inspect the performance of works with regard to workmanship and compliance with the specifications, order/supervise/perform tests on materials and/or work and approve/disapprove the Contractors plant and equipment. Associate with the work tests being carried out by the Contractor and undertake additional tests if necessary.
ii.
iii.
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iv.
Carry out comprehensive technical supervision of the works to ensure their quality and conformity with the standards and specifications as per contract. In addition to assessing and checking the laboratory and field tests carried out by the Contractor, the Consultants shall carry out independent tests if necessary . Maintain a permanent record of all measurements for the work quantities to be paid for and the results of all tests carried out for monitoring the quality of works.
v.
3.4 Measurement and Payment: i. ii Measurement of all civil and concrete works shall be as per Bureau of Indian Standard Specifications, which are vogue in practice. With regard to the dredging, Identification of the strata dredged and associating with the test of soil and rock samples being carried out by contractor at approved laboratories. Associate with hydrographic survey being carried out by contractor for the field measurement of completed works and quantities of materials incorporated in the work and maintain upto date book containing such computations. Maintain upto date records of remaining quantities in the work and monitor the expected project cost based upon the remaining quantities. General records of all labour, insurances, labour licenses, security passes issued for the contractor's workers, wage rates paid by the contractor shall be maintained. Check and certify all request for advances, all monthly bills, interim bills, escalation bills and final bill of the contractor. scrutinize and advise Employer upon the claims raised by the contractor if any Advise Employer during arbitration proceedings if any Plan and monitor expected payment schedule for the entire project for arrangement of cash flow from employer in order to avoid hindrance to the project.
ii
iii
iv v vi vii
3.5
Progress of Work: i ii Implement a system for monitoring the progress of work based on the computer based project management techniques Systematically check the progress of work and order the initiations of work which is the part of the contract.
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iii iv
Maintain up to date status of all the activities against the original schedule for completion of work. Shall investigate and initiate early actions with regard to the delays in the execution of works. The Team Leader of the Consultants Supervision Team shall explain in his monthly progress and special reports the reasons for delays and explain the actions to be taken/already taken to correct the situation. All reports prepared by the Consultants Team shall be objective and shall substantiate any event/recommendation with factual data and information. The Progress Reports shall contain the pertinent data and chart form and shall clearly bring out the comparison between the projected and the actual work done using S curves and/or any other widely accepted superior methods of representation. The Consultant shall be fully responsible for the timely completion of the works.
4. Expected Inputs The implementation of the Projects shall be scheduled so as to complete the work in all respect within the time schedule. The composition and duration for the Supervision Services for the Supervision Team will be as per the Table given below Position No. of Estimated person Estimated minimum persons days per month man month On Site Key Personnel /Resident 01 1x26=26 1x30 =30
Team Leader Engineer Dy. Resident Engineer 01 1x26=26 1x30 =30 Sr. Engineer -Construction 01 1x26=26 1x30=30 Engineer -Construction 08 4x30.5 = 122 4x30= 122 Jr. Engineer / Hydrographic 24 12x30.5 = 366 12x30= 366 surveyor Note: (i) Minimum number and man months of key personnel and support technical staff to be deployed of the assignment are mentioned in the above table (ii) Consultant shall deploy additional key personnel and other support staff for effective and efficient execution of the assignment as per the TOR. (iii) Deployment of staff at site shall be made with prior approval of Employer. iv) Above mention requirements are tentatively assessed. In case progress of work demands additional personnel to cope with the situation, Consultants have to deploy additional personnel for supervision and same will be paid extra as per the rate quoted. The above stated personnel are the requirements during execution of dredging work when work commence on 24 hours basis. However, the requirement of officials/experts and staff during inviting tenders, scrutiny and evaluation of tenders including its recommendations, etc., as per the
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Terms of Reference shall be assessed and engaged by consultants provided that there should not be any delay in scheduled programme at any point of time due to shortage of personnel. Any external/internal experts as and when required for tackling technical/environmental/legal matter, same have to be arranged by consultant at no extra cost. 5. Facilities to be provided by the consultant The Consultants shall make their own arrangements for transport (vehicle) at the project site. The Consultants shall give details in the Technical Proposal and price in the Financial Proposal all facilities, equipment (engineering and office), transport, supplies, computer hardware and peripherals, computer software, communication system (telephone, fax, email/ Internet) and support staff which they consider to carry out the services. After completion of the contract, all articles deployed by the Consultant shall remain as their property. 6. 6.1 Reports All reports and documents prepared by the Consultants shall be professional, precise and objective. The report formats shall be finalised in Consultation with the Employer officials. The Consultants shall provide three copies/sets each of the following reports to VPT: i. Ii Iii Iv v. vi. 6.2 Commencement Report within 30 days after commencement of Services; Construction Supervision Manual within 30 days after Commencement of Services; Quality Assurance (QA) Document 30 days after Commencement of Services; Monthly Progress Report by the 10th day of every month; Quarterly Progress Report by the 10th day of the month of submission; and, Final Report at the completion of services.
The Commencement Report shall contain the details of all meetings held with the Employer and the Contractor and decisions taken therein, the resources mobilised by the Consultants as well as the Contractor and the Consultants perception in the management and supervision of the project. The report shall also include the Master Work Programme and Resource Mobilisation for the Project.
6.3 The Progress Reports (Monthly and Quarterly) shall contain details of all meetings, decisions taken therein, mobilisation of resources (Consultants and the Contractors), physical and financial progress and the projected progress for the forthcoming periods. The Report shall clearly bring out the delays, if any reasons for such delay(s) and the recommendations for corrective measures. The Report shall also contain the performance data for Contractors plant and equipment. The broad scope of progress reporting is as given under:Proposal Document for: Consultancy services for Development of Satellite Port at Bheemunipatnamr including New Fishing Harbour
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6.4
Report on progress of work for each activity stating: percentage progress of the activity deviation from the schedule status of the activity (critical, sub-critical, non-critical); cash-flow for each item of works as well as for the total project; monthly summary of percentage progress; and, monthly summary of cash flow
6.4.1 Projections monthly projections of percentage progress; and, monthly projections for cash-flow 6.4.2 Critical Activity report on the progress and status of critical activities; change of status from non/sub-critical to critical activity due to slippage; statement on slippage and remedial actions taken; and effectiveness of the remedial action(s) taken in the previous month. 6.4.3 Review review the progress achieved in the previous month and revised schedule, if any; and review of any changes required in the schedule due to extraneous reasons beyond the control of the Contractor 6.5 The primary objective of the Supervision Manual will be to evolve guidelines for administration, supervision and management of the project. Such a manual is not intended to be a contractual document nor is it to take precedence over the specifications. The Manual will merely act as guide and reference to the various staff in the management and supervision of the project in discharging their duties in a smooth and systematic manner. Consultant shall in Consultations/coordination with Port officials of VPT. Govt. of India officials (Ministry of Shipping, Ministry of Commerce & Industries, Ministry of Environment and Forest, Ministry of Defense, Andhra Pradesh Pollution Control Board etc). Shipping lines. Coast Guard, Indian Navy, Indian Customs, Dy. Commissioner of Police (Port Zone) for necessary permissions and clearances required during the execution of the work. Any other relevant agencies.
7.
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8.0
Stages of payment for the services of Part-C ( services as PMC) are as under: For Part C which is 60% of total fees: The payment of 60% shall be made in the following stages:
Description of services Percentage payment of Part-C fees a) Planning of project implementation activity, preparation of NIT and draft tender 5% document. b) Inviting bid proposals, evaluation of bids, recommendations and providing assistance for obtaining statutory clearances and award of contract of capital dredging project. c) Scrutinising contractors proposal, suggesting alternative design/methodology if any, finalising equipment schedule, progress schedule, quality assurance plan, commencement of works, preparation of CPM/Bar charts for phased completion of different sections to complete the work in scheduled time period giving due consideration for inclement weather conditions d) Pro-rata monthly payment for supervision and management of entire project as per TOR e) Completion of work completion certificate and issue of 5%
2.5%
80% (divided in 30 equal installments)
5%
f) Final bills of completed project and claim settlement consultant charges are deemed to be inclusive of charges towards advice of consultant on arbitration matter(Percentage payment is subdivided as under) i) On completion of one year after issue of completion certificate to consultant ii) On completion of two years after issue of completion certificate to consultant iii) At the end of claim settlement NOTE: 1% 1% 0.5 %
All the payment under this contract will be made only in Indian Rupees. The fees/price may be quoted in Indian Rupees only. The consultants shall be paid for the services rendered as per the TOR as per payment schedule given above. The Service Tax prevalent will be paid extra to the consultant.
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Note:
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ANNEXURE II APPLICATION LETTER
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ANNEXURE-II
APPLICATION LETTER (On the Letter head of the Bidder) Date : To, The Chief Engineer, 3rd Floor, Administrative Office Building, Visakhapatnam Port Trust, VISAKHAPATNAM - 530035 Sub.: Consultancy Services for "Development of Satellite Port at Bheemunipatnam Including New Fishing Harbour Sir, Being duly authorized to represent and act on behalf of .. (hereinafter referred to as "the Bidder") and having reviewed and fully understood all of the requirements of the Proposal document and information provided, the undersigned hereby apply for the project referred above. We are enclosing our Proposal including Technical Proposal in one original plus one copy and Financial Proposal with the details as per the requirements of the Proposal Documents, for your evaluation. .. Signature (Authorised Signatory)
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ANNEXURE III FINANCIAL PROPOSAL
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ANNEXURE- III
FINANCIAL PROPOSAL From : ______________________ _______________________ _______________________ To The Chief Engineer, Visakhapatnam Port Trust, Visakhapatnam- 530035. Sub : Consultancy Services for "Development of Satellite Port at Bheemunipatnam Including New Fishing Harbour 1. I/We have perused the Proposal Document for subject assignment containing Terms of Reference in Annexure-I and other details and am/are willing to undertake and complete the assignments as per terms and conditions stipulated in the 'Proposal Document'. 2. Our price offer is inclusive of all taxes, incidentals, overheads, traveling expenses, printing and binding of reports, expenditure related to presentation to be made during the execution of the dredging assignment, sundries and all other items involving expenditure for execution of this assignment covering scope of work as stipulated in "Terms of Reference" (enclosed as Annexure-I to the Proposal Document) and excluding prevalent service tax is Rs.___________________________________ (i.e. in Words Rupees ______________________________________ only). This offer is valid for a period of 180 days from the due date of submission of the proposal document. 3. I/We also agree to accept the stage-wise and percentage-wise payments as detailed below. 3.1 Stages of payment for the services of Part-A (Feasibility Report) are as under: For Part A which is 10% of total fees: The payment of 10% shall be made in the following stages:
Description of services Percentage payment of Part A fees
v) vi) vii) viii)
Submission report
of
Preliminary
10%
Submission of Draft Feasibility Report Submission of Draft Final Report Submission of Final Feasibility Report
40%
30% 20%
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NOTE:
The port may at its discretion terminate the services of the Consultant after completion of this stage and the Consultant will then be paid only for Part-A services. All the payment under this contract will be made only in Indian Rupees. The fees/price may be quoted in Indian Rupees only. The consultants shall be paid for the services rendered as per the TOR as per payment schedule given above. The Service Tax prevalent will be paid extra to the consultant.
3.2 Stages of payment for the services of Part-B (Detailed Project Report) are as under: For Part B which is 30% of total fees: The payment of 30% shall be made in the following stages:
Description of services Percentage payment of Part B fees 20%
i) iv) v) iv)
Submission of Draft Detailed Project Report Submission Report of Draft Final
40%
Submission of Final Detailed Project Report After receipt of approval from Government for implementation of Project
30% 10%
NOTE:
The port may at its discretion terminate the services of the Consultant after completion of this stage and the Consultant will then be paid for Part-A as per 3.1 above and Part-B services. All the payment under this contract will be made only in Indian Rupees. The fees/price may be quoted in Indian Rupees only. The consultants shall be paid for the services rendered as per the TOR as per payment schedule given above. The Service Tax prevalent will be paid extra to the consultant.
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3.3 Stages of payment for the services of Part-C ( services as PMC) are as under: For Part C which is 60% of total fees: The payment of 60% shall be made in the following stages:
Description of services Percentage payment of Part-C fees a) Planning of project implementation activity, preparation of NIT and draft tender 5% document. b) Inviting bid proposals, evaluation of bids, recommendations and providing assistance for obtaining statutory clearances and award of contract of capital dredging project. c) Scrutinising contractors proposal, suggesting alternative design/methodology if any, finalising equipment schedule, progress schedule, quality assurance plan, commencement of works, preparation of CPM/Bar charts for phased completion of different sections to complete the work in scheduled time period giving due consideration for inclement weather conditions d) Pro-rata monthly payment for supervision and management of entire project as per TOR e) Completion of work completion certificate and issue of 5%
2.5%
80% (divided in 30 equal installments)
5%
f) Final bills of completed project and claim settlement consultant charges are deemed to be inclusive of charges towards advice of consultant on arbitration matter(Percentage payment is subdivided as under) i) On completion of one year after issue of completion certificate to consultant ii) On completion of two years after issue of completion certificate to consultant iii) At the end of claim settlement NOTE: 1% 1% 0.5 %
All the payment under this contract will be made only in Indian Rupees. The fees/price may be quoted in Indian Rupees only. The consultants shall be paid for the services rendered as per the TOR as per payment schedule given above. The Service Tax prevalent will be paid extra to the consultant.
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Remuneration Component: The man month rates inclusive of residential accommodation, allowances, all other expenses/overheads shall be considered only for deduction or addition purpose in case of absence or extra deployment of on site key personnel if ordered by Employer.
Sr. No. Position Estimated Person days per Months Input Man Month Rate (Rs)
1 2 3 4 5
On site Key Personnel Team Leader ( Resident Engineer) 26 Dy. Resident Engineer 52 Sr. Engineer (Construction) 52 Engineers (Construction) (for one person) 30.5 Junior Engineers / Hydrographic surveyor 30.5 (for one person) The minimum requirement of on site personnel requirement is given in para-4 of Terms of Reference (Annex-I). Off site requirement has to be assessed by the consultant based on scope of assignment. The lump sum price of Part-C assignment shall include all onsite and off site personnel deployment expenditure. In case of absence of any personnel indicated above, the respective amount shall be deducted on pro-rata based on man month rate provided by the consultant for each discipline, from the lump sum price of Part-C. In addition to this, consultant may have to provide relievers for Engineers and Junior Engineers / hydrographic surveyor during weekly off and other leave periods / holidays at no extra cost. For category Sr.N.1 to 3 of key personnel and all other staff, are entitled to avail leave on declared holidays of VPT. Consultant has to assess the requirement of other staff like Accountant, computer operator and other clerical staff. The cost towards deployment of these other staff is deemed to be included in the quoted price. Any external/internal experts as and when required for tackling technical/environmental/legal matter, same have to be arranged by consultant at no extra cost. Consultant has to take note of all these aspects while submitting the financial proposal for completion of entire assignment in all respect. Consultant shall provide assistance /services if any required for obtaining necessary Statutory clearances from the Government and other concerned authorities and the expenditure towards traveling outstation and back by economy class air fare and accommodation in three star hotel will be reimbursed to the consultant as per the actuals.
Note:
Witness's Signature ______________ Name__________________ Address________________ ________________________________ ________________________________ ________________________
Signature ________________ Name ___________________ Designation_______________ for and on behalf of________ ___________________________________ ___________ Address_________________ _______________________
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ANNEXURE IV FORM OF BANK GUARANTEE FOR PERFORMANCE SECURITY
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ANNEXURE-IV
FORM OF BANK GUARANTEE FOR PERFORMANCE SECURITY
KNOW ALL BY THESE PRESENT that (The name of Bank) _________________________ a banking corporation carrying on banking business including Guarantees at Mumbai and other places and having its office at ___________________________ (hereinafter called 'The Bank' which expression shall unless excluded by or repugnant to the context or meaning thereof be deemed to include its successors and assigns) SEND GREETINGS; WHEREAS Board of Trustees of VISAKHAPATNAM PORT TRUST constituted under the Major Port Trusts Act, 1963 (hereinafter called 'The Board' which expression shall unless repugnant to the context of meaning thereof be deemed to include its successors and assigns) had invited proposals for Consultancy Services for "Development of Satellite Port at Bheemunipatnam Including New Fishing Harbour" (hereinafter called the "Assignment") as per conditions and Terms of Reference covered under the 'Proposal Document'. AND WHEREAS (Name of Consultant ______________________________________ (hereinafter called the 'Consultant') has offered to carryout the assignment as specified in Terms of Reference and Conditions included in the 'Proposal Document'. AND WHEREAS the Board has accepted the Proposal of M/s._____________________________________ (Name of Consultant) (vide its letter No. __________ dated _____________ day of _________ 2012. AND WHEREAS it is one of the conditions of the accepted proposal that the (Name of the Consultant) M/s.___________________________ should interalia furnish a guarantee of a Nationalised Bank/Schedule Bank having its branch in Mumbai for a sum of Rs. _________________ (Rupees _______________ only ) being 10% of the Award price as security for the due performance of terms and conditions subject to which the said 'Proposal' has been accepted by the Board. AND WHEREAS, the M/s. _____________________ __________________(Name of Consultant) have requested the Bank to give the said guarantee and the Bank has agreed to do so on the manner hereafter appearing. NOW THIS INDENTURE WITNESSETGH THAT the Bank doth hereby stand surety for the said sum of Rs. ________ (Rupees ________________ only). AND DOTH HEREBY GUARANTEE TO AND COVENANT WITH AND irrevocably undertake to pay the Board upon demand in writing whenever required by it from time to time so to do without referring to the (Consultants name) ___________ and without questioning the right of the Board to make such demand or the propriety or the legality of such demand such sum or sums not exceeding in the whole a sum of Rs.____________ (Rupees: ____________) as may become payable to the Board by the Consultant by virtue or arising out of the above mentioned 'Proposal' or by reason of any breach of non performance
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of the same or by the negligence or neglect or failure or omission to comply with any of the terms of the Assignment by M/s. __________________________(Name of Consultant) in respect of which the decision of the Board shall be final and legally binding and this indenture further witnesseth that the liability of the Bank shall not in any manner be released, relaxed or diminished by reason of any time or other latitude being given by the Board to M/s. _______________________________(Name of Consultant) with regard to the performance of the Assignment but this indenture shall remain in full force and effect until all the dues of the Board under or by virtue of the said Assignment have been fully paid and the M/s. ________________________________________(Name of Consultant) has/have duly fulfilled all his/their obligations under the Assignment and the terms and conditions of the Assignment has been fully complied with and that M/s. _____________________________________________(Name of Consultant) has executed the Assignment to the satisfaction of the Board. AND THIS INDENTURE FURTHER WITNESSETH that the Bank further agrees with the Board that the Board shall have the fullest liberty without the Bank's consent and without affecting in any manner its obligations hereunder to vary any of the terms and conditions of the said Assignment or to extend the time of performance by Board or from time to time or to postpone for any time or from time to time any of the powers exercisable by the Board against M/s. _______________________________(Name of Consultant) and to bear or enforce any of the terms and conditions relating to the said Assignment and the Bank shall not be relieved from its liability by reasons of any such variation or extension being granted to the M/s. _________________________________________(Name of Consultant) or for any in forbearance indulgence by the Board to the M/s.___________________________________ (Name of Consultant) 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 them. And the said Bank doth further covenant and declare that this Guarantee is irrevocable and shall remain in force upto and inclusive of the _____________ day of ____________, subject to the valid invocation of the guarantee by the beneficiary before the date of expiry if the contract is not executed in accordance with the terms and conditions thereof, the said Bank undertake to renew this Guarantee from year to year until 6 months after the date of completion certificate to be issued by the Board and the said Bank doth hereby further covenant and declare that if the said _______ do not obtain and furnish renewals of ____________ this Guarantee for a further period of one year to the Board not less than 30 days prior to the expiry of the period of this Bank Guarantee or renewal or renewals there of as to keep the same valid and subsisting till the date of completion certificate to be issued by the Board and for 3 months thereafter the entire amount of this Bank Guarantee in default of obtaining and furnishing the renewals of this Bank Guarantee in the manner and within the time aforesaid shall become forthwith due and payable to the Board.
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And the Bank further declares that notwithstanding anything to the contrary contained hereinabove the Bank's Liability under this Guarantee is restricted to Rs._____________________________________(Rupees ________________________________________________) and unless a demand in writing under this Guarantee is made with the Bank within 6 months from the date of completion certificate to be issued by the Board all the rights of the Board under the guarantee shall be forfeited and the Bank shall be relieved and discharged from all liability. Notwithstanding anything to the contrary contained herein:Our liability under this Bank Guarantee shall not Rs.__________(Rupees_______________________________only). This bank guarantee shall be valid up to _____________and We are liable to pay the guarantee amount or any part therof under this Bank Guarantee only and only if you serve upon us a claim or demand on or before___________. SIGNED SEALED AND DELIVERED: by the with named ___________ ______________ through its duly constituted Attorney/s ____________________ in the presence of. ********** exceed
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ANNEXURE V FORM OF AGREEMENT
Proposal Document for: Consultancy services for Development of Satellite Port at Bheemunipatnam including New Fishing Harbour
ANNEXURE-V
FORM OF AGREEMENT
THIS AGREEMENT is made on the _______________day of 2012 between Jawaharlal Nehru Port Trust, Administration Building, Sheva, Navi Mumbai 400 707 hereinafter called "the Employer of the one part and (Name of Consultant)________________________________________. Mailing address of the consultant______________________________________________________ ___________________hereinafter called "the consultant" of the other part. WHEREAS the Employer is desirous that certain tasks be performed viz. Consultancy services for "Development of Satellite Port at Bheemunipatnam Including New Fishing Harbour" and has accepted a proposal by the "Consultant" as referred in the assignment NOW THIS AGREEMENT WITHESSETH as follows: 1. In this agreement words and expression shall have the same meaning as are respectively assigned to them in the Conditions of Proposal Document hereinafter referred to. The following documents shall be deemed to form and be read and construed as part of this Agreement, viz: a) The Proposal Document for Consultancy services for prepration of Feasibility Report for Development of Additional Berths at Bheemunipatnam as issued by the Employer. All amendments to the Proposal Document Services for the preparation of Feasibility "Deepening and Widening of Mumbai Harbour Port Channel" as issued by the Employer prior the bids. for Consultancy Report project Channel and JN to submission of
2.
b)
c)
Acceptance letter issued by the Employer vide No.____________________dated__________and all correspondence exchanged between the Employer and the consultant upto the date of issue of acceptance letter as specifically referred to in the said acceptance letter.
3.
In consideration of the payment to be made by the Employer to the Consultant as hereinafter mentioned, the Consultant hereby covenants
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with the Employer to execute and complete the works in conformity in all respects with the provisions of the contract. 4. The Employer hereby covenants to pay the consultant in consideration of the execution, completion, of the works the consultancy charges/fees at the times and in the manner prescribed in financial proposal.
IN WITHNESS WHEREOF the parties hereto have caused their respective Common Seals to be hereunto affixed (or have hereunto set their respective hands and seals) the day and year first above written. SIGNED, SEALED AND DELIVERED By the said _______________________ Name___________________ on behalf of the Consultant in the presence of: ________________________ Name____________________ Address__________________ ________________________ By the said _______________________ Name___________________ on behalf of the Employer in the presence of: ________________________ Name____________________ Address__________________ ________________________ *******
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ANNEXURE VI FORMAT IN CASE OF JOINT VENTURE / CONSORTIUM
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ANNEXURE VI
FORMAT IN CASE OF CONSORTIUM OR JOINT VENTURE AGREEMENT
This Joint Venture agreement is made at __________ on________day of _________2012 between M/s.____________________________(Please indicate the status viz. Proprietor, Firm, Company) represented through its proprietor/partner or Director (hereinafter referred to as "First Party") and M/s.___________________ (Please indicate the status viz. Proprietor, Firm, Company) represented through its Proprietor/Partner or Director, (hereinafter referred to as "Second Party") WHEREAS the First Party is engaged in the business of ______________________________________________________________ AND WHEREAS THE Second Party is engaged in the business of ______________________________________________________________ AND WHEREAS both the parties are desirous of entering into a Joint Venture for carrying on the work of Visakhapatnam Port Trust in connection with work of _________________________(Please mention the work of the tender). AND WHEREAS the First Party and Second Party have agreed to form of Joint Venture for execution of subject works. NOW THIS DEED WITNESSED AS UNDER: 1. That under this Joint Venture Agreement the work will be done jointly by the first party and second party in the name and style of M/s.________________. 2. It is further agreed by the Joint Venture Partners that ___________ of M/s.___________________ has been nominated as Lead Partner for the execution of the works. 3 That all the parties shall be liable jointly and severally for the satisfactory execution of the contract in all respects in accordance with terms and conditions of the contract and the lead partner shall be authorised to incur liabilities and receive instructions for and on behalf of any and all the partners and parties of the Joint Venture and the entire execution of the contract including payments shall be done exclusively with the lead partner. 4. THE PROPOSED PARTICIPATION SCOPE OF ACTIVITIES TO BE PERFORMED AND RESPONSIBILITIES OF EACH:
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The proposed administrative arrangement, participation, scope of activities to be performed and responsibilities for the execution of the work of the each party shall be as under: First Party: Second Party: 5. The turn over and experience of each party is as under: First Party: Second Party: 6. Subject to Cluase-4, the parties shall depute their experienced staff as required for the works and plants, equipments, machinery etc. as required for execution of works, will be deployed by each Joint Venture partners for execution of the contract. 7. In the event of default by any partner in the execution of the part of the contract, the Lead Partner will have the authority to assign the work to any other party acceptable to the Employer(Port) to ensure the satisfactory execution of that part of the contract. 8. The Registered Office of the Joint Venture shall be at__________.
9. The Joint Venture shall regularly maintain in the ordinary course of business a true and correct account of all its incoming and outgoing and also of its assets and liabilities in proper books of accounts which shall ordinarily be kept at place of business and after Completion of above mentioned work all account shall be taken. 10. Opening and operation of Bank Account:
The Joint Venture shall open and maintain bank account(s) at ______. The Lead Partner as mentioned in Clause (2) above shall have the power to receive the payments on behalf of the Joint Venture and to give discharge on behalf of the Joint Venture. IN WITNESS WHEREOF the Parties hereto have signed hereunder at _____ on this ______ day of _______. Party of First Part Witness: Party of Second Part 1) 2)
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ANNEXURE VII (A) AND (B) POWER OF ATTORNEY
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Annexure-VII (A) POWER OF ATTORNEY Dated: -----------TO WHOMSOEVER IT MAY CONCERN Mr.(Name of the Person(s)), domiciled at (Address), acting as(Designation and name of the company), and whose signature is attested below, is hereby appointed as the Lead member and authorised on behalf of ------------------------------------------------------------------(Name of the applicant) to provide information and respond to enquiries etc as may be required by the Employer for the project of (Project title)..........and is hereby further authorised to sign and file relevant documents in respect of the above.
(Attested signature of Mr..) For (Name & designation of the member of joint venture/Consortium)
Individual power of attorney for signing the joint venture/Consortium shall be submitted in the above format separately by each applicant.
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Annexure-VII (B) POWER OF ATTORNEY (IN CASE OF JOINT VENTURE/CONSORTIUM) know all men by these presents that we,-------------------------------------------,-----------------------------------------------------,-------------------------------------------------- and ----------------------------------(herein after collectively referred to as the Joint Venture/ Consortium) hereby appoint and authorise ----------------------------------------------------- Ltd. as our Attorney. Whereas the Board of Trustees of Visakhapatnam Port Trust (hereinafter referred to as the Port Trust) have invited applications from interested parties for the ------------------------------ (herein after referred as the project). Whereas the members of the Joint Venture/ Consortium are interested in biding for the Project and execution of the Project in accordance with the Conditions of Contract and other related documents. And whereas, it is necessary under the document for the members of the Joint Venture/Consortium to appoint and authorise one of them to do all acts, deeds and things in connection with the aforesaid Project. We hereby nominate and authorise ---------------------------------------------------------as our Lead Member and constituted attorney in our name and on our behalf to do or execute all or any of the acts or things in connection with the making an application to the Visakhapatnam Port Trust Trust, to follow up with the Port Trust and thereafter to do all acts, deeds and things related to the execution of the Project, on our behalf. And we hereby agree that all the acts, deeds and things done by our said attorney shall be construed as acts, deeds and things done by us and we undertake to ratify and conform all and whatsoever that my said attorney shall do or cause to be done for us by virtue of the power hereby given. In witness hereof we have signed this deed on this the ----------- day of -----------For and on behalf of For and on behalf of For and on behalf of For and on behalf of -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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APPENDIX - A KEY PERSONNEL AND SUB - CONSULTANT
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APPENDIX - A
KEY PERSONNEL AND SUB-CONSULTANT a) Key Personnel for the services of Part-A (Feasibility Report) are as under:
Consultant shall provide Key Personnel / Experts with knowledge of latest Marine Civil Construction Techniques, traffic forecasting and Environmental aspect. Consultant shall provide various Experts as and when required completing the assignment in stipulated time period. The tentative qualification and experience of key personnel required during execution of assignment is as under: 1. Technical Expert Minimum of Bachelor degree in civil engineering with minimum experience of 15 years after graduation. Team Leader shall be Project Manager responsible for the overall performance of the assignment. The Team Leader shall be overall incharge for the Consultants. 2. Financial Expert: Minimum of MBA from reputed university with finance measures or CA/ICW or equivalent qualification from any foreign university/institution. He shall have minimum experience of 15 years. Environmental Expert: Minimum Post Graduation in environmental science/ engineering. He shall have minimum experience of 15 years. Public Private Partnership (PPP) Expert: Minimum qualification is Post Graduation. He shall have minimum experience of 15 years.
Note: The consultant shall provide sufficient technical experts / staff to complete this assignment in time. In case progress of assignment demands additional personnel to cope with the situation, Consultants have to deploy additional personnel at no extra cost to the Employer.
3. 4.
b) Key Personnel for the services of Part-B (Detailed Project Report) are as under: Consultant shall provide Key Personnel / Experts with knowledge of latest Marine Civil Construction Techniques, traffic forecasting, Navigational aspect and Environmental aspect. Consultant shall provide various Experts as and when required completing the assignment in stipulated time period. The
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tentative qualification and experience of key personnel required during execution of assignment is as under: 1. Technical Expert Minimum of Bachelor degree in civil engineering with minimum experience of 15 years after graduation. Team Leader shall be Project Manager responsible for the overall performance of the assignment. The Team Leader shall be overall incharge for the Consultants. 2. Financial Expert: Minimum of MBA from reputed university with finance measures or CA/ICW or equivalent qualification from any foreign university/institution. He shall have minimum experience of 15 years. Environmental Expert: Minimum Post Graduation in environmental science/ engineering. He shall have minimum experience of 15 years. Geological Expert: Minimum Post Graduation in geological science/ engineering. He shall have minimum experience of 15 years. Public Private Partnership (PPP) Expert: Minimum qualification is Post Graduation. He shall have minimum experience of 15 years.
Note: The consultant shall provide sufficient technical experts / staff to complete this assignment in time. In case progress of assignment demands additional personnel to cope with the situation, Consultants have to deploy additional personnel at no extra cost to the Employer.
3. 4. 5.
c) Key Personnel for the services of Part-C (PMC) are as under: Consultant shall provide personnel comprising of Technical Expert with knowledge of latest dredging techniques, Environmental Expert and Technolegal expert as and when required. The tentative qualification and experience of key personnel required during execution of work is as under: 1. Resident Engineer/ Team Leader
Minimum of Bachelor degree in civil engineering with minimum overall experience of 20 years after graduation in which atleast 08 years experience in dredging work, employment either with contractor or consultant or Client. They shall have proven track record of handling major dredging projects and they shall have knowledge of latest dredging
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techniques available for soil and rock dredging. Team Leader shall be Project Manager responsible for the overall performance and administration of the Consultants Team at the Project Site. The Team Leader will also act as the Engineers Representative and shall be overall in-charge for the Consultants Supervision team for the entire project. The major tasks for the Team Leader shall include but not be limited to the following: 1. establishment Laboratories; of Site Offices and assist in establishment of
2. assist the Employer with the Review of the Contractors securities, insurance and safety plans; 3. scrutiny of the Contractors work programme, and scheme for the deployment of plant, equipment and machinery for approval of the Chief Manager (PPD); 4. assist the Employer/Chief Manager (PPD) in the Interpretation of provisions in the Contract documents and technical specification; 5. assist the Employer/Chief Manager (PPD) in handing over the site and issuing order to commence the works; 6. liasioning with the local authorities for shifting of Utilities wherever required; 7. review, approve and issue detailed drawings to the Contractor; 8. approve the working drawings prepared by the Contractor 9. regular supervision of works; 10. evolve and Implement Quantity and Quality Control procedures; 11. evolve criteria for the acceptance of works; 12. prepare and issue variation orders after the approval of the Employer; 13. assist the Employer in the evaluation of Contractors claims; 14. verify and certify Contractors Interim Certificates for approval of Chief Manager (PP&D);
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15. assist Chief Manager(PP&D) Progress of the works;
in
monitoring
Physical
and Financial
16. prepare quarterly project budgets and estimates; 17. assist Chief Manager(PPD) in conducting monthly progress meetings; 18. compile monthly progress reports and prepare Quarterly Reports; 19. strictly monitor the progress of work for timely completion of the project. 20. Completion Inspections; 21. Verify and Certify Contractor's Statements at completion; 22. Supervise the compilation and verification of As-Built drawings; 23. Prepare Project Completion Report; 24. liaise with the Employer/Chief Manager (PP&D) in all matter concerning the works; 25. time schedule and management of Teams resources; and 26. advising the Employer and Chief Manager (PP&D) in all matter related to the progress of works, with particular reference to delays, possible reasons and mitigating measures. He shall identify the responsibilities of Dy. Resident, Sr. 27. Engineers/Engineers and Junior Engineers/Hydrographic surveyors and other supporting staff and intimate to the Employer. 2 Dy. Resident Engineer:
Minimum of Bachelor degree in civil engineering or in Mechanical Engineering or dredge Master with minimum overall experience of 15 years after graduation in which atleast 06 years experience in dredging work, employment either with contractor or consultant or Client. They shall have proven track record of handling major dredging projects and they shall have knowledge of latest dredging techniques available for soil and rock dredging. He shall assist Team Leader in all duties and responsibilities assigned time to time.
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3.
Sr. Engineer:
Minimum of Bachelor degree in Civil Engineering or in Mechanical Engineering and they shall have good experience in major dredging projects and having thorough knowledge of hydrographic survey, quantity survey and identification of types of dredged material. Sr. Engineer: Minimum of Bachelor degree in civil engineering minimum with overall experience of 10 years after graduation in which atleast 4 years experience in dredging work or hydrographic survey, employment either with contractor or consultant or Client Or Diploma in civil engineering with minimum 15 years overall experience in which atleast 6 years experience in dredging work or hydrographic survey, employment either with contractor or consultant or Client. Engineers: Bachelor degree in civil engineering/Mechanical engineering with minimum overall experience of 5 years in which atleast 2 years experience in dredging work or hydrographic survey Or Diploma in civil engineering/ Mechanical engineering or Naval Hydrographic surveyor with minimum 7 years overall experience in which atleast 4 years experience in dredging work or hydrographic survey, employment either with contractor or consultant or Client. They shall perform duties and responsibilities as assigned by Team Leader or Dy. Resident Engineer. 4. Junior Engineers/Hydrographic surveyor: Minimum of Diploma in civil / Mechanical engineering or Naval Hydrographic surveyor and they shall have good experience in dredging projects and having knowledge of hydrographic survey, quantity survey. They shall perform duties and responsibilities as assigned by Sr. Engineers or Team Leader or Dy. Resident Engineer.
*******
127
APPENDIX - B HOURS OF WORK FOR KEY PERSONNEL
128
APPENDIX - B
HOURS OF WORK FOR KEY PERSONNEL
Working hours of key personnel shall normally be 8 hours a day and six days a week. Hours of key personnel should broadly match with those of Client. However, the consultant has to complete the job in prescribed time frame and client shall not make any payment for any overtime except in case of work arising from our variation orders.
129
APPENDIX - C DUTIES OF THE EMPLOYER
130
APPENDIX - C
DUTIES OF THE EMPLOYER D1 Service, facilities and property to be made available to the consultants by the Employer: Equipment & facilities: VPT shall not be able to provide any equipment facilities except unfurnished residential and official accommodations on chargeable basis. Consultant shall access the requirements of residential and official accommodations. The available facilities in VPT are as under: 1. Office accommodation: If available, temporary accommodation on rental basis will be provided for office .purpose in the Port area at prevailing rates. Water supply facility will be provided as per the prevailing rates. Electricity charges : As per the prevailing scale of Andhra Pradesh State Electricity Board applicable to appropriate class of consumer category (such as domestic, non-domestic, high tension etc.) plus 5% of the total Electricity Bill amount as overheads The residential units shall be allotted on its availability and request from consultants. If any increase in above charges, the same shall be paid by the Consultant as per the prevailing notified rates as applicable. All other facilities like furniture, interiors, office equipment, stationary, communication facilities, Vehicles shall be arranged by consultant. Consultants financial offer deemed to include expenditure involved for arranging such things. D2 Employer will nominate the representatives for the project. Engineer in charge and other
2. 3.
*******
131
APPENDIX - D DRAWING
132
APPENDIX - D
(DRAWING) Existing Layout of Fishing Harbour :
133

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ISO9001

VISAKHAPATNAM PORT TRUST

VISAKHAPATNAM PORT TRUST

PROPOSAL COPY No. ISSUED TO

_____________________________________________ _____________________________________________ ___

IENG / EE(P&E) / OTOH / 2001 To, _________________________ ___________________________ ___________________________

29-33 35-56 58-67 69-101 103 105-108 110-112

114-115 117-118 120-121 123-127 129 131 133

NOTICE INVITING TENDERS

CHIEF ENGINEER *******

INTRODUCTION : BACKGROUND, INSTRUCTIONS, GENERAL INFORMATION 1.1 INTRODUCTION :

SECTION 2 PROCEDURE FOR SUBMISSION AND SCRUTINY OF PROPOSAL

OTHER TERMS & CONDITIONS : VPT's Right to Accept or Reject Proposal :

2.20 2.20.1 2.20.2 2.20.3 2.21

SECTION 3 CRITERIA FOR EVALUATION OF PROPOSALS

(60% weightage for each assignment and maximum weightage is 100%)

SECTION 4 GENERAL CONDITIONS OF CONTRACT

(d) (e) (f) (g) (h) (i)

4.3. 4.3.1 4.3.1.1

Payments to the Consultants

i) ii) iii) iv) v)

4.6.4 Mode of Billing and Payment

SECTION 5 SITE INFORMATION

*** Trace-Amount of rainfall recorded is less than 0.1 mm

64 67 64 56 2005 0830 1730 72 73 74 77 74 73 79 76 81 84 61 61

75 76 68 65 2006 0830 68 69 71 72 74 77 78 82 80 74 71 70 1730 66 69 74 77 77 80 75 81 82 72 73 65

65 61 70 68 2007 0830 73 69 75 72 73 82 79 78 82 76 66 67 1730 67 67 75 78 79 80 79 79 84 72 68 71

65 63 64 65 2008 0830 70 81 70 73 71 76 79 80 80 74 70 78 1730 69 78 71 78 72 77 80 81 82 75 69 73

61 63 70 65 2009 0830 75 73 75 70 69 68 81 76 78 70 73 64 1730 70 73 77 75 73 72 79 77 78 69 71 63

15-19 Oct 2000

Dissipated over the sea. No land fall

25-28 Oct 2000

Very Severe Cyclonic Storm Very Severe Cyclonic Storm

26-30 Nov 2000

23-28 Dec 2000

14-17 Oct 2001

Severe Cyclonic Storm Cyclonic Storm

10-12 Nov 2002 23-28 Nov 2002

Near Nellore at 0300 th UTC of 16 .

21-25 Dec 2002

Very Severe Cyclonic Storm Deep Depression Depression

Very Severe Cyclonic Storm

16-19 May 2004

Deep Depression Depression

11-14 June 2004 02-08 Oct 2004

13-17 Jan 2005

Depression (Over land)

27 Jun th 05 July 2005 29-31 July 2005

12-16 Sep 2005

17-21 Sep 2005

26-29 Oct 2005

20-22 Nov 2005

28th Nov nd 02 Dec 2005 06-10 Dec 2005

15-21 Dec 2005

Very Severe Cyclonic Storm (Mala)

25-29 Apr 2006

02025 Jul 2006

02-05 Aug 2006

___ _ _

IENG / EE(P&E) / OTOH / 2001 To, ___________ _ _______________

Witness's Signature Name Address ____