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JAWAHARLAL NEHRU PORT TRUST
PROPOSAL DOCUMENT
FOR
CONSULTANCY SERVICES
FOR
"PREPARATION OF A DETAILED PROJECT REPORT FOR
DEVELOPMENT OF A SATELLITE PORT OFF VADHAVAN POINT
SOUTH OF DAHANU"
ADMINISTRATION BUILDING, SHEVA, TAL-URAN

NAVI MUMBAI 400 707
OCTOBER 2015
JAWAHARLAL NEHRU PORT TRUST

(PORT PLANNING AND DEVELOPMENT DEPARTMENT)
TENDER/PROPOSAL No. PPD/M/Satellite-P/T-19/2015
PROPOSAL DOCUMENT FOR
CONSULTANCY SERVICES FOR
PREPARATION OF A DETAILED PROJECT REPORT FOR DEVELOPMENT OF
A SATELLITE PORT OFF VADHAVAN POINT SOUTH OF DAHANU
PROPOSAL COPY NO.________
ISSUED TO :_____________________________________________
_____________________________________________
_____________________________________________
*********************************************************************
PROPOSAL DOCUMENT WILL BE ISSUED BETWEEN 28/10/2015 TO 17/11/2015
AT A COST TOOF Rs. 10,000/- (NON REFUNDABLE). COMPLETED PROPOSAL
IS TO BE SUBMITTED UP TO 15:00 HRS. ON 02/12/2015 AND ENVELOPE ONE
WILL BE OPENED AT 15:30 HRS. ON SAME DAY.
*********************************************************************
Proposal Document issued by:
Chief Manager (PPD)
Jawaharlal Nehru Port Trust
Administration Building,
Sheva, Navi Mumbai - 400 707.
Tel. Phone: +91-22 27244156/4157
E-mail: cmppd@jnport.gvo.in
Fax No: +91-22-27244178
PPD/
Date :
October 2015
To,
_________________________
___________________________
___________________________
SUBJECT : CONSULTANCY SERVICES FOR PREPARATION OF A DETAILED
PROJECT REPORT FOR DEVELOPMENT OF A SATELLITE PORT OFF
VADHAVAN POINT SOUTH OF DAHANU
TENDER No PPD/M/Satellite-P/T-19/2015
Dear Sir,
1
You have applied for issue of proposal document for the subject work.
2.
Copy No. ______ of the proposal document is enclosed.
3.
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.
4.
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 JNP in respect of some
other works or at the time of issue of blank proposal document.
5.
Please note that if your submission is found deficient with reference to the
requirements spelt out in the proposal document, it may be rejected.
6.
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 selfexplainable.
7.
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.
Thanking you,
Yours faithfully,
CHIEF MANAGER (PP & D)
CONSULTANCY SERVICES FOR PREPARATION OF A DETAILED

VADHAVAN POINT SOUTH OF DAHANU"
INDEX
Sr.
No.
1
Description
Page No.
Cover page
Index
Notice Inviting Proposal
Instructions and Procedures for Proposal
5 - 17
Criteria for Evaluation of Proposals
18 - 21
General Conditions
22 - 42
Site Information
Annexe - I - Terms of Reference.
Annexe - II - Application letter
50
10
Annexe - III Financial Proposal
51 - 52
11
Annexe - IV - Form of Bank Guarantee for

Performance Security.
53 - 55
12
Annexe-V - Form of Agreement.
56 - 57
13
Annexe-VI -Format in case of Joint

Venture/consortium
58 59
14
Annexe-VII (A) and (B) Power of Attorney
60 - 61
15
Annex-VIII Undertaking
16
Appendix A - Key Personnel and Sub-consultant
17
Appendix B - Hours of work for key personnel
65
18
Appendix C - Duties of the Employer
66
19
Appendix D - Drawing
67
2-4
43
44 - 49
62
63 - 64
NOTICE INVITING PROPOSAL

FOR CONSULTANCY SERVICES FOR PREPARATION OF A DETAILED
JN Port invites sealed proposal in two cover formats from experienced parties for
Consultancy Services for preparation of a Detailed Project Report (DPR) for
Development of a Satellite Port off Vadhavan Point South of Dahanu
The salient features are as under.
1.
THE PORT:
Jawaharlal Nehru Port, located in Mumbai harbour is one of the thirteen Major
Ports of India. Commissioned in the year 1989, it is a fast growing Port with
dedicated facility for handling Container and Liquid Cargo.
2.
THE PROJECT:
JNPT wishes to invite bids from experienced party/ies to provide consultancy

services for preparation of a Detailed Project Report (DPR) for Development of a
Satellite Port off Vadhavan Point South of Dahanu
2.1
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 Detailed Project Report for green
field project.
The consultants shall also assist in obtaining various clearances from the
Government and other statutory bodies.
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.
3.
MINIMUM ELIGIBILITY CRITERIA:
The Tenderer shall satisfy the Minimum Eligibility Criteria as under;

a) The tenderer should have experience in providing consultancy services in last 5
years ending last day of month previous to the one in which applications are
invited should have carried out one Port related consultancy work of preparation
of Detailed Project Report particularly in the green field project having cost of
consultancy services not less than Rs.50 lakh.
b)
The tenderer should have an average annual turnover of at least Rs.10 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.
4.
VALIDITY:
The proposals shall be valid for a period of 120 days from the due date of
submission of proposal document.
5.
PROPOSAL SECURITY : (Earnest Money Deposit)

No proposal shall be considered which is not accompanied by Proposal
Security of Rs.3,00,000/- (Rupees Three Lakh only) in the form of Demand
Draft drawn in favour of JNPT on any Nationalized / Scheduled Bank having
its branch at Mumbai.
6.
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 in favour of Jawaharlal Nehru Port Trust, (On any
Scheduled Bank having its branch at Mumbai) on any working day between
1000 hrs to 1700 hrs. from 28/10/2015 To 17/11/2015 from the Office of the
Chief Manager (Port Planning and Development Department), Jawaharlal
Nehru Port Trust, Administration Building, Sheva, Navi Mumbai 400 707.
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.
7.
The blank proposal can also be viewed and downloaded from JNP website
www.jnport.gov.in(Tender section, Tender JNPT Tenders e-Publish Tenders ) ,
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 upto 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
8.
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 Manager (PP&D), Administration Building, Sheva, Navi
Mumbai 400 707 before 1500 hrs on 02/12/2015 and technical bid will be
opened at 1530 hrs on the same day.
NOTE
: In case, tender documents are downloaded from JNPTs 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. 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 MANAGER (PP&D)

*******
1. INSTRUCTIONS AND PROCEDURE OF PROPOSAL

1.1
INTRODUCTION:
1.1.1. Background:
Jawaharlal Nehru Port (JNP) located within the Mumbai Harbour, is one of
the fastest growing major ports in India. The Port is handling upto 14 draft
vessels by using tidal window. The draft in front of the berths is 16.50
metres below CD. The Port has dedicated facilities for handing containers,
liquid bulk & dry bulk cargo. JNPT has an aggregate cargo handling capacity
of about 55 million tones per annum (mtpa). At present, JNP has three
container terminals and Liquid Cargo terminal.
1.1.2 To obtain firsthand information on the assignment and on the local

conditions, consultants are encouraged to pay a visit to the project site
before submitting a proposal. Please ensure that these officials are advised
of the visit in adequate time to allow them to make appropriate arrangement.
Consultants must fully inform themselves of local conditions and take them
in to account in preparing their proposal.
1.2
The proposals must be properly signed as detailed below :

i)
By the proprietor in case of proprietary firm
ii)
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).
iii)
By duly authorized person holding the power of attorney is case of a

Limited company or corporation (a certified copy of the power
attorney shall accompany the proposal).
1.3
Pre-Proposal/Tender Meeting and Amendment to Proposal Document:
1.3.1
The consultants or his official representative is advised to attend a Preproposal/ Tender meeting which will be convened at the office of the Chief
Manager (PPD), Administration Building, Sheva, Navi Mumbai hereof on
17/11/2015 at 11.30 hours.
1.3.2 The purpose of the meeting will be to clarify issues and to answer queries
on any matter that may be raised at that stage.
1.3.3 Consultant requiring a clarification of the proposal document must notify the
Employer in writing, not later than 16/11/2015. 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/email to such requests and copies of the response will be sent
to all invited bidder
5
1.3.4 The compilation of questions raised and answers given shall be furnished
expeditiously to all bidders. Any modification of the tender documents which
may become necessary as a result of the pre-tender meeting shall be made
by the Employer exclusively through the issuance of an addendum and not
through the minutes of the pre-tender meeting.
1.3. 5 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.
1.4
Scope of the Proposal :

JNPT intended to invite bids from experienced party/ies to provide
consultancy services for preparation of Detailed Project Report (DPR). For
detailed scope, refer Terms of Reference as Annex -I hereinafter referred to
as "the Services".
1.5
Brief Description of Bidding Process:
1.5.1 JNPT intends to follow two cover bidding process for selection of the
successful party/ies for providing the services :
Step 1 :Technical Proposal Evaluation
Step 2 : Financial Proposal Evaluation
1.5.2 For the purpose of the Technical Bid Stage, 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.
1.5.3. Price Bid Stage, the Financial Proposal of Bidders who qualify in Technical
Stage 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.
1.5.4 The Proposal shall be ranked as first lowest, second lowest and so on, based
on the total amount quoted in Financial Proposal.
1.6
Eligible Bidders:
1.6.1 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
6
Bidder used hereinafter would therefore apply to both a single entity and a
consortium.
1.6.2 The Tenderer shall satisfy the Minimum Eligibility Criteria as under;
a)
b)
The tenderer should have experience in providing consultancy

services in last 5 years ending last day of month previous to the one
in which applications are invited should have carried out one Port
related consultancy work of preparation of Detailed Project Report
particularly in the green field project having cost of consultancy
services not less than Rs.50 lakh.
The tenderer should have an average annual turnover of at least
Rs.10 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.
1.7
PROPOSALS BY CONSORTIUM:
In case the applicant is a Joint venture / consortium it is to be limited to three
partners subject to each of them satisfying some part or all Minimum
Eligibility Criteria. The Proposal shall be accompanied by a certified copy
of legally binding Joint Venture agreement (format prescribed in Annex-VI)
signed by all firms to the joint venture/consortium confirming the following:
1.7.1 Date and Place of Signing.

1.7.2 The purpose of Joint Venture (must include the details of contract for which
the joint venture has been invited to bid.)
1.7.3 A clear and definite manner including the proposed administrative
arrangements for the management and execution of the contract works.
1.7.4 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.
1.7.5 An undertaking that the firms are jointly and severally liable to the
Employer for the performance of the contract; and,
1.7.6 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.
7
1.7.7 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
1.7.8 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 subconsultant 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.
2.
OTHER TERMS & CONDITIONS :
2.1.
JNPT's Right to Accept or Reject Proposal:
2.1.1 Notwithstanding anything contained in this Proposal Document, JNPT

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 JNPT 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 JNPT reserves the right to reject any Proposal if :
a)
b)
2.2
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.
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 31.03.2015 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. JNPT 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. JNPT reserves the right to reject any Proposal
that is not in the specified formats.
2.4.2
The bidder shall submit one original proposal as described in Clause 2.6.2.
2.4.3
If the Proposal consists of more than one volume, Bidder must clearly
number the volumes and provide index table of contents.
2.4.4
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.
2.4.5 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 Sealing and Marking of Proposal.
2.5.1 The Bidder shall seal the Technical Proposal and the Financial Proposal in
separate envelopes, duly marking the envelopes as 'PART-I TECHNICAL
PROPOSAL' and 'PART -II FINANCIAL PROPOSAL'. These envelopes
shall then be sealed in an outer envelope.
2.5.2 Each envelope shall indicate the name and address of the Bidder.
2.5.3 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 preparation of a Detailed
Project report (DPR) for Development of a Satellite Port off
Vadhavan point South of Dahanu
2.5.4 The envelope shall be addressed to :
The Chief Manager,
Port Planning & Development (PP&D)
Jawaharlal Nehru Port Trust
Sheva, Navi Mumbai 400 707.
Tel. No. 022 27244156 / Fax- 022 27244178
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.
10
2.6
Preparation and Submission of Proposal
2.6.1 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.
2.6.2
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)
Application letter as per Annexe- II.
b)
Proposal Security of Rs.3,00,000/- (Rupees Three Lakh only) in the

form of Demand Draft drawn in favour of Jawaharlal Nehru Port Trust,
on any Nationalized / Scheduled Bank having its branch at Mumbai.
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.
c)
A forwarding letter confirming validity of the proposal for 120 days

and detailing contents of the proposal including list of enclosed
documents.
d)
An undertaking that qualification, experience and minimum number

of man power proposed to be deployed shall be as stipulated in the
proposal document.
e)
Power of Attorney in the name of persons/s signatories of the

proposal.
f)
A statement supported by documentary evidence establishing

fulfillment of all the Minimum Eligibility Criteria by the bidder/s
11
g)
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.
h)
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 Annex-I to this proposal Documents.
i)
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 shall be made
available.
j)
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.
k)
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.
l)
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.
m)
Undertaking as per Annexure VIII.
n)
Copy of Service Tax Registration Certificate.

NOTE: PARTY/IES MUST NOT INDICATE DIRECTLY OR INDIRECTLY THEIR
FINANCIAL PROPOSAL ANY WHERE IN
ENVELOP OF TECHNICA L
PROPOSAL.. ANY SUCH DISCLOSURE SHALL RESULT IN SUMMARI LY
REJECTION OF WHOLE OF THE PROPOSAL OF THE CONCERNE D
PART/IES.
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 Annexe-I to the Proposal
Document and also the tasks the consultant may think should be carried out
12
in order to meet the objectives of the assignment. The Employer will pay
prevalent service tax to consultant separately.
Note :
a)
The lump sum fees/charges quoted by the bidder shall be paid

as stage-wise payments as prescribed in Financial Proposal (
Annexe -III)
b)
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.
NO COUNTER CONDITIONS SHOULD BE INCLUDED ANYWHERE IN

THE PROPOSAL. CONDITIONAL
PROPOSAL SHALL BE
SUMMARILY REJECTED.
2.7
Proposal Due Date
2.7.1
Proposal should be submitted upto 15:00 hours Indian Standard

Time (IST) on 02/12/2015 (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.
2.7.2
JNPT, at its sole discretion, may extend the Proposal Due Date by
issuing an Addendum if any.
2.8.
Late Proposal :
Any Proposal received by JNPT after 15:00 hours IST on 02/12/2015
(Proposal Due Date) will not be accepted and shall be returned
unopened to the Bidder.
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 120 days from the Due
Date of submission of the Proposal Document.
13
2.11
Time for completion :

The time period for the assignment of Detailed Project report is 08
months reckoned from 15 days after the date of issue of Letter by the
Employer. If 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 up to 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 Manager (PP&D), JNPT
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.
2.13
2.13.1
Scrutiny And Evaluation of Proposals :

Preliminary Scrutiny:
In the first instance the officer of JNP 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:-
14
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. 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.:
2.15.1
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.
2.15.2
Financial proposal with any counter conditions or ambiguous

remarks shall be rejected.
15
2.16
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 21 days 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 having branch at Mumbai for an amount equivalent
to 10% of the award cost of assignment as per the draft annexed (
Annexe - 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 towards Proposal Security. The performance security
shall remain in force until six months from the date of issue of
completion certificate of 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 and after
submission of Bank Guarantee towards performance security ( as
per clause 2.18), successful party shall simultaneously sign formal
agreement as prescribed in Annexe-V of Proposal Document
2.20
Release of Proposal Security:

Proposal Security shall be released as under:
2.20.1
Proposal rejected during scrutiny: Two weeks after the date of

intimation of rejection of proposal.
2.20.2
Unsuccessful Proposals: One month after award of assignment to

successful bidder.
16
2.20.3
Successful Proposal: Two weeks after furnishing of Performance

Security and signing of formal agreement.
2.21
Extension of validity of proposal :

If it becomes necessary, JNPT 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.
17
CRITERIA FOR EVALUATION :
3.1
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.

3.1.1
JNPT would evaluate the Technical Proposal in order to qualify Bidders for
Technical Stage. 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 Price Bid stage 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
Parameters
Maximum
score
Technical
Consultants work Experience
60
Experience of Key Personnel
30
Organizations and Financial Status
05
Approach and Methodology
05
3.1.5.1The weightage points given for evaluation of sub-criteria of above table are
as under.
18
Parameter
(A) Experience as a single job

a) Experience for carrying out one port related consultancy work of preparation of
detailed project report or review of detailed project report particularly in the green
field project having cost of consultancy services not less than Rs.50 lakhs.
Maximum
Technical
Score
60
(60% weightage for each assignment and maximum weightage is 100%)

(B) Team Composition proposed to be deployed
a) Relevant experience of Experts : Points will be given for each expert as under:
30
i) Technical Expert / Team Leader: Maximum score

: 10
Minimum of Bachelor degree in civil engineering with minimum experience of 20
years after graduation in various field of civil engineering, marine engineering and
Port Planning.
The scores will be based on the following parameters
- Higher experience as indicated above
- Higher academic qualification like Post Graduation
- Knowledge in civil engineering and marine engineering
- Continuous experience in consultancy firm
- Number of consultancy assignments executed in green field projects
- Position while executing assignments
ii) Financial Expert
:5
Minimum of CA/ICW or equivalent qualification from any university/institution. He
shall have minimum experience of 15 years in financial modelling including
knowledge of PPP.
- Higher academic qualification like post graduation / MBA
- Number of consultancy assignments executed
- Assignment executed and position during execution
iii) Geotechnical Expert:
Maximum score : 5
Minimum of Bachelor degree in civil engineering or Geo-technical Engineering with
overall experience of 15 years.
- Higher academic qualification like Post Graduation
- Assignment executed and position during execution
iv) Navigational and Dredging Expert
:5
Minimum of Captain of Ship or Dredge Master or Civil Engineer or Hydraulic
engineer with minimum experience of 10 years in the field of
navigation/dredging
- Higher academic qualification
- Assignment in dredging executed and position during execution
19
v)
Design /Structural Engineer

:5
Minimum of Post-graduation in Civil Engineering or structural engineering with
minimum experience of 10 years in the field of designing of marine structures

- Higher academic qualification
- Assignment port projects executed and position during execution
(c) Organizational Structure and financial status of the Company
5
Years in business of infrastructure consultancy services in India: 2.5
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 : 2.5
i) Turnover Rs.10 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:
5
i. Understanding of terms of reference
: 50 %
ii. Proposed methodology/Plan
: 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
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

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 the 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
20
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 0.70 and 0.30,
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.
21
GENERAL CONDITIONS OF CONTRACT
4.1
General Provisions
4.1 .1
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 Jawaharlal Nehru Port, 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.
(b)
"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;
(c)
"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;
(d)
"Effective Date" means the date on which this Contract comes into
force and effect pursuant to Clause General Condition 4.2.1;
(e)
"Foreign Currency" means currency in US Dollars or the currency of

the home country of Consultant;
(f)
"GC" means these General Conditions of Contract;
(g)
"Government" means the Government of India;
(h)
"Local Currency" means Indian Rupees;
(i)
"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;
(j)
"Personnel " means persons hired by the Consultants or by any Subconsultant 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);
22
(k)
"Party" means the Employer or the Consultants, as the case may be,
and Parties means both of them;
(l)
"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;
(m)
"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
(n)
"Third Party" means any person or entity other than the Government,
the Employer, the Consultants or a Sub-consultant.
(o)
"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.
(p)
"Approved / approval" means the approval in writing.
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
person to an authorised representative of the party to whom the
23
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 :
4.1.6.3
4.1.7
(a)
in the case of personal delivery or registered mail, on delivery;
(b)
in the case of telexes, 24 hours following confirmed transmission;
(c)
in the case of telegrams, 24 hours following confirmed transmission;

and
(d)
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 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.
24
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.
4.2.7
Force Majeure
4.2.7.1 Definition
25
(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
4.2.7.4
Measures to the Taken

(a)
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.
(b)
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.
(c)
The Parties shall take all reasonable measures to minimize the

consequences of any event of Force Majeure.
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
26
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
Termination
4.2.9.1
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:
(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;
27
(c)
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;
(d)
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.
(e)
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
(f)
If the Employer, in its sole discretion and for any reason whatsoever,
decides to terminate this contract.
(g)
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.
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;
(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;
28
(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;
ii)
the obligation of confidentiality set forth in Clause General Condition

4.3.3 hereof;
iii)
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

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;
29
4.2.9.6
ii)
reimbursable expenditures pursuant to Clause General Condition 4.6

hereof for expenditures actually incurred prior to the effective date of
termination; and
iii)
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.
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.
Obligations of the Consultants
4.3.1
General
4.3.1.1
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 sub-consultants 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 subconsultants, 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
Conflict of Interests
4.3.2.1
Consultants not to Benefit from Commissions, Discounts etc.

30
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 subconsultant; 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
4.3.3
(b) after the termination of this Contract, such other activities

objectionable to Employer.
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
31
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)
for any indirect or consequential loss or damage; and
(ii)
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 subconsultants 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 :
(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.
(b)
Third Party Liability Insurance with a minimum coverage for Rs. 5

lakh for the period of consultancy.
(c)
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
32
life, health, accident, travel or other insurance as may be appropriate;

and
(d)
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.
4.3.6 Accounting, Inspection and Auditing: (This clause stands deleted)

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 AppendixA (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 sub-consultant
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;
(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
33
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. Consultants Personnel
4.4.1 General
The Consultants shall employ and provide such qualified and experienced
Personnel as are required to carry out the Services.
4.4.2 Description of Personnel
(a)
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.
(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.
(c)
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.
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
34
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)
Working hours and holidays for Key Personnel are set forth in
Appendix B hereto.
(b)
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 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.
(c)
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
35
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.
4.4.6 Resident Manager / Team Leader
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;
(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;
(c)
facilitate prompt clearance through customs of any property required

for the Services;
(d)
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;
(e)
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;
36
(f)
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
(g)
provide to the Consultants, Sub-consultants and Personnel any such

other assistance as may be required time to time.
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 sub-consultant 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.
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.
37
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.
(b)
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.
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.
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.
38
b)
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.
c)
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:
i)
Expatriate staff employed directly on the work
ii)
Social, insurance, medical and other charges relating to such

expatriate staff and foreign travel expenses;
iii)
Depreciation and use of imported plant and equipment, including

spare parts, required for the works
iv)
Foreign insurance and freight charges for plant and equipment,

including spare parts etc;
v)
Overhead expenses, fees and financial charges arising outside India

in connection with the works
4.6.4 Mode of Billing and Payment

Billing and payments in respect of the Services shall be made as follows :(a)
No advance payment shall be paid to the Consultant.
(b)
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.
(c)
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
39
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.
(d)
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.
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
40
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. 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 shal l
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, 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 for delays occurs.
For delays in satisfactory completion of work beyond 3 (three) months, the
amount of performance security in part or full as decided by JNPT is liable
to be forfeited. However, if the completion of services is delayed, extension
41
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 JNPT with no extra cost to the Employer. The time period for the various
stages of services as indicated in financial proposal, is as under
Services
a) Submission
Report
Scheduled time
of Preliminary Within 1 month after award of
assignment and excluding first 15
days as mobilization period.
b) Submission of Report on 3 months after activity (a) above
Topographic Survey
c) Submission of Report on Soil 4 months after activity (a) above
Investigation
d)
Report
on
Real
Time 4.5 months after activity (a) above
Navigational Simulation
e) Draft Detailed Project Report ( Within 1.5 months after completion
including detailed engineering)
of services (d)
f) Submission of Final Detailed Within 01 month after completion of
Project Report
services (e)
g) Submission of Draft Tender Along with Final DPR
Documents
Note: 08 months period excludes the time taken by the Employer and
various Government Authorities for approvals.
ii)
The consultant will indemnify for any direct loss or damage which
accrue due to deficiency in services in carrying out consultancy services.
********
42
5. SITE INFORMATION
5.1
Party's Responsibility
The information supplied hereinafter and provided elsewhere is given in
good faith but the party shall satisfy himself regarding all aspects of
weather, metrological, wind, waves, tides, currents, geological and other
relevant data site conditions and no claim will be entertained due to any
error or deficiency on the plea that the information supplied by the
Employer is erroneous or insufficient.
5.2
Datum:
The datum to which all levels shall be referred for the purpose of the works
is the Chart Datum (0.00). The Mean Sea Level has to be arrived at after
Tidal observations under the scope of the work.
5.3
The Site:
The site for the proposed satellite port is located of Vadhavan
Point south of Dahanu with in the Port limits with Geographical
co-ordinates of (A) Lat 190 54 26.0 N and Long. 720 40 30.0 E
along the coast northward to (B) Lat. 19 0 57 58.0 N, Long. 720
42 15.0 E into the sea westward to (C) Lat 20 0 0 0.0 N Long
72030 0.0 E southward to (D) Lat 190 54 5.0 N Long 720 30 0
E and back to coordinate (A) on the coast.
43
Annexe - I
TERMS OF REFERENCE (TOR)

FOR CONSULTANCY SERVICES FOR PREPARATION OF A DETAILED
1.0
1.1
General Information of the Project:

Jawaharlal Nehru Port (JNP) is one of the 12 major ports of India and is
located in the West Coast of India at Latitude 18 56 43 N and Longitude
72 5624E. The port was developed by the government of India to
decongest the Mumbai Port and commissioned on 26th May, 1989 and
declared as a Major Port under Major Port Trusts Act.
1.2
The Port has 3 Container Terminals, one liquid Cargo Terminal and a
shallow water berth. The entire channel is widened and deepened to handle
6,000TEU capacity vessels by using tidal window. Two projects namely, 4th
container Terminal of 2000 m quay length and a stand-alone container
handling facility with a wharf length of 330 mts has already been awarded
concession on DBFOT basis. Additional Liquid cargo terminal is also being
developed. In order to have a smooth flow of traffic from to the Port the Road
infrastructure in the form of widening Highways/ Expressways has been
planned to take up. In addition to the present Rail Connectivity with the
National Network, development of DFC is in advance stage. In addition to
this, the port has constructed Mooring Dolphins on either side of the existing
liquid Cargo terminal so as to increase the berth length to handle even
vessels of LOA 300mts.
1.3
Some of the special features of the Port is that it is an all-weather port which
is operated 24X7 and having a vessel Traffic Management System (VTMS)
and computerized operations with single window operation system
1.4
1.5
The present container terminals operated by JNPT, DP World and APM

Terminal are working above its capacity. The ships calling at JNP is already
permitted to come with a draft of 14.0 M. JNP is now getting practically
saturated with all the development plans as stated above. There is a
requirement of deeper berths since most of the main line containerships
require draft of 17.0 18.0M, for which berths having a depth of 20.0M are
required.
There is an urgent need to reduce the congestion and load on the existing
infrastructure of JNPT. In order to have deep drafted berths to cater to large
container ships and other large vessels such as tankers and bulk carriers,
JNPT Management and the administrative Ministry of Govt. Of India feel that
a satellite port, where deeper depth of 20 Mtrs closer to coastline should be
44
developed to provide such facilities on the Maharashtra coast in the

hinterland region of JNPT.
1.6
A pre-feasibility study has been carried out by the port and a location has
been selected for construction of a satellite port off Vadhavan Point near
Dahanu. The layout of the port and location of the port facilities for the
proposed port at vadhavan has been selected with due reference to the site
data collected in terms of hydrography, topography, geotechnical, wave
climate duly supported by mathematical model studies.
2.
Objectives of assignment:
The objective of the proposed assignment is to prepare a Detailed Project
Report (DPR) for development of Greenfield Port at vadhavan,
Maharashtra.
Scope of consultancy services:

The scope of consultancy services / Terms of References (TOR) shall
include but not necessarily be limited to the following activities:-
3.1
Review of available earlier Studies/ Reports /:
The consultant is required to study the development plan prepared by

Mckinsey and AECOM as part of Sagarmala assignment. The consultant
shall also examine the following available earlier studies / reports carried out
for the project at Vadhavan Point so that the prospective bidders do not
duplicate the various studies and reduce the overall time for completion of the
assignment.
3.2
(i)
Report on Offshore surveys conducted off Vadhavan Point by P&O

Australia Port Pty Ltd. In August 1997 ( through M/s Coastal Marine
Construction & Engineering Ltd.)
(ii)
Report on Rapid Terrestrial Environmental Impact Assessment for

Vadhavan point through M/s TATA Risk Management Services in
April 1998.
(iii)
Report on Risk Analysis and Onshore Emergency Management Plan

for Vadhavan Port through M/s TATA Risk Management Services in
March 1998.
(iv)
Pre-Feasibility Report on Satellite Port for Jawaharlal Nehru Port

Trust by A.R. Rao, Former Development Advisor (Ports) in 2014.
Preliminary Site Investigations

Field survey of the Harbour area selected using Total station, GPS, etc to
collect the information on the location permanent structures, roads and
45
drains, railway network, buildings etc, and to submit survey data with
drawings in soft and hard copies(sets) incorporating the Co-ordinates with
latitude and longitude. The work includes installation of survey pillars at
intervals and strategic locations mentioning their co-ordinates and Reduced
Levels.
3.3
Sub-soil Investigations:
Carry out boreholes upto 40 m depth below bed level (or 10 m into the rock
strata, whichever is at higher elevation) at the proposed locations of
breakwaters, berths, approach channel and maneuvering basin. Minimum 15
boreholes shall be carried out at the locations suggested by client. SPT,
taking disturbed and undisturbed samples, carrying out laboratory field tests
etc. shall be conducted as per the guideline provided in relevant IS codes.
3.4 Topographic Survey:

Carry out topographic survey using total station in the backup area of port
(intertidal area within the port limits) and identified rail and road corridor
(about 100 m wide and 15 km long) to collect information on the permanent
structures, roads and rail and building and installation of survey pillars.
Levels at a minimum grid spacing of 25 m shall be taken.
3.5
Collection of Meteorological & Oceanographic Data:

Collection of current data at two offshore locations for a period of 1 month
to provide inputs to the navigational simulation study.
Meteorological data shall be collected which cover Winds, Cyclones,
Rainfall, relative humidity temperature and Barometric pressures.
Oceanographic data shall be of Tides, Waves, storm surges, salinity, sea
water Temperature, suspended load and sea bed.
3.6
Real Time Navigational Simulation Studies:

Carry out real time navigational simulation studies for maneuvering of the
ships in the approach channel and harbor basin.
3.7
Refinement to the Layout of Port infrastructure:

Based on the real Time navigational simulation studies, suggest any
refinement to the port layout. Also study suitability of dredge spoil for
reclamation purpose and identify dumping site for dumping dredge material
from capital dredging as well as maintenance dredging based on the
dispersion of the dredged spoil.
3.8
Traffic Forecast by M/s Mackinsey & Co. :

Traffic forecast and vessel analysis for various cargo as done by M/s
Mackinsey & co. May be incorporated in the repoprt and the same shall be
46
used for the further fianncial workings.

3.9
Detailed Engineering:
Detailed engineering of the following components of the port, so as to arrive
at +-10% cost estimates:
a. Breakwaters and bunds
b. Dredging in Channel and harbor
c. Reclamation
3.10
Detailed Layout Plan and Engineering Design & Drawing:

Detailed layout plan, engineering design & drawings, preparing
specifications, bill of quantities, cost estimates with basis & justification of
rates for the components as mentioned for Breakwater and Bunds, Dredging
in Channel and Harbour, Reclamation and berths/terminals etc.
3.11
Basic Engineering of balance components:

Basic engineering of all balance components of the proposed phase 1
facilities of the port like berths, material handling system, onshore
infrastructure and utilities, rail and road access etc. with due reference to
the development plan report prepared by Mckinsey -AECOM, so as to firm
up the cost estimates and also to provide inputs to the EIA consultant so as
to enable clearance from MoEF.
3.12
Local resources :
The existing and proposed quarries shall be identified for the proposed
facilities. Also, the Water and power for the proposed facilities and
construction purpose. The details of reclamation along with the sources of
material and its quality and quantity may be indicated.
3.13
Construction Scedule:
Preparation of realistic construction schedule and estimated cost of
development and O&M for the port facilities indicating the sequence of
activities duly considering the site conditions.
3.14
Estimated Cost:
Estimated cost of development should be realistic and based on local
schedule of rates/market rate and their basis/documentary proof should be
included in the DPR with necessary details.
3.15
Cost benefits Analysis:

Workout Cost Benefit analysis, Financial Internal Rate of Return (FIRR) and
Economic Internal Rate of Return (EIRR) based on current Indian
47
/International norms, with sufficient backup calculations, basis, assumptions

their source, justification etc.
3.16
Financial Structuring of the Project:

The consultants shall do the financial modelling for the project. The financial
modeling can be one of the following two models:
(a) The project can be developed fully through PPP mode by identifying a
private promotor. The PPP Operator could hold certain percentage of
the equity, while the rest would be distributed between Government of
India and Maharashtra Government.
(b) The Government owned SPV would develop the basic infrastructure
such as break waters, land reclamation, capital dredging and
connectivity.
Subsequently, the berths and terminals would be
developed on PPP basis.
3.17
The consultant shall study other aspects like community oriented business
plan, appliocable regulations including safety regulations and compliances
associated with handling of various cargo/vessels and other facilities
3.18
Submission of Detailed Project Repport.

Preparation & submission of all above details in the form of a Detailed
Project Report (DPR).
3.19 Preparation of Draft Tender Documents:

(i)
Preparation of tender document for selection of the contractor(s) for

the following works:
a.
b.
(ii)
4.
Breakwaters and bunds

Dredging and reclamation
Preparation of contract/tender document for selecting O&M

operator(s) for the proposed terminals at the port as per landlord
model.
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 Technical Adviser appointed by JNPT and Employer
officials. The consultant shall make power point presentations to JNPT
officials or Ministry of shipping if required and should assist JNPT for
seeking approval from the Government.
The
Consultants
shall
provide
the
following
reports
to
JNPT:
48
i.
ii.
iii.
iv.
v.
vi.
5.
Preliminary report ( soft plus 10 numbers of hard copies)

Submission of Report on Topographic Survey ( soft plus 10 numbers
of hard copies)
Submission of Report on Soil Investigation ( soft plus 10 numbers of
hard copies)
Report on Real Time Navigational Simulation ( soft plus 10 numbers
of hard copies)
Draft Detailed Project Report ( soft plus 10 numbers of hard copies)
Final Detailed Project Report ( soft plus 20 numbers of hard copies)
Consultant shall in Consultations/coordination with

-
Port officials of JN Port, Technical Advisor of JNPT.

Govt. of India officials (Ministry of Shipping, Ministry of Environment
and Forest etc) as well as Maharashtra Maritime Board.
Shipping lines and any other agencies.
49
ANNEXE-II
APPLICATION LETTER
(On the Letter head of the Bidder)
Date :
To,
The Chief Manager,
Port Planning & Development (PP&D),
Jawaharlal Nehru Port Trust,
Sheva,
Navi Mumbai 400 707. ( Fax. 022 27244178)
Sub.: Consultancy Services for preparation of a Detailed Project

Report (DPR) for Development of a Satellite Port off Vadhavan
Point south of Dahanu.
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)
50
ANNEX- III
FINANCIAL PROPOSAL
From :
______________________
_______________________
_______________________
_______________________
To
The Chief Manager (PP&D),
Jawaharlal Nehru Port Trust,
Sheva, Navi Mumbai - 400 707.
Consultancy Services for preparation of Detailed Project Report
(DPR) for Development of a Satellite Port off Vadhavan South of
Dahanu.
I/We have perused the Proposal Document for subject assignment containing
Terms of Reference in Annexe-I and other details and am/are willing to undertake
and complete the assignments as per terms and conditions stipulated in the
'Proposal Document'.
Sub :
1.
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 Annexe-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 120 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 are as under:

Percentage payment of Part B fees
Description of services
i) Submission of Preliminary Report

on
10%
ii)
Submission of Report
Topographic Survey
iii)
Submission of Report on Soil

Investigation
15%
iv)
Submission of Report on Real

Time Navigational Simulation
15%
10%
30%
51
v)
vi)
vii)
Submission of Draft Detailed

Project
Report
including
detailed engineering
Submission of Final Detailed
Project Report
15%
5%
Submission of Draft Tender

Documents
NOTE: 1. 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.
2. 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.
Witness's
Signature ______________
Name__________________
Address________________
________________________________
________________________________
________________________
Signature ________________
Name ___________________
Designation_______________
for
and
on
behalf
of________
___________________________________
___________
Address_________________
_______________________
*****
52
ANNEXE-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 JAWAHARLAL NEHRU 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 preparation of Detailed Project Report (DPR)
including Feasibility Report for construction of a Satellite Port off Vadhavan
south of Dahanu (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 _________ 2011. 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'
53
or by reason of any breach of non performance 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 certifi cate
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.
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
54
________________________________________________) 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).
exceed
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.
**********
55
ANNEXE-V
FORM OF AGREEMENT
THIS AGREEMENT is made on the _______________day of 2011 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 preparation of Detailed Project Report (DPR) for
Development of a Satellite Port off Vadhavan South of Dahanu 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.
2. 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 preparation

of Detailed Project Report (DPR) for Development of a
Satellite Port off Vadhavan South of Dahanu as issued by the
Employer.
b)
All amendments to the Proposal Document for Consultancy

Services for preparation of Detailed Project Report (DPR) for
Development of a Satellite Port off Vadhavan South of
Dahanu as issued by the Employer prior to submission of the bids.
a)
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.
56
3. In consideration of the payment to be made by the Employer to the

Consultant as hereinafter mentioned, the Consultant hereby covenants
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__________________
________________________
*******
57
ANNEXURE VI
FORMAT IN CASE OF CONSORTIUM
OR JOINT VENTURE AGREEMENT
This Joint Venture agreement is made at __________ on________day

of _________2015 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 Jawaharlal Nehru 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.
58
4.
THE PROPOSED PARTICIPATION SCOPE OF ACTIVITIES TO BE

PERFORMED AND RESPONSIBILITIES OF EACH:
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:
5.
First Party:
Second Party:
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)
59
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.
60
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 Jawaharlal Nehru Port (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 Jawaharlal Nehru Port 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
For and
For and
For and
on behalf
on behalf
on behalf
on behalf
of
of
of
of
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
61
ANNEXURE VIII
Consultancy services for preparation of Detailed Project Report (DPR) for
Development of a Satellite Port off Vadhavan south of Dahanu
UNDERTAKING
We hereby give an undertaking that I/We have not made any payment or
illegal gratification to any person/authority connected with the bid process
so as to influence the bid process and have not committed any offense
under the Prevention of Corruption Act in connection with the above
subject bid.
Signature of Bidder with Stamp and

date
62
APPENDIX - A
KEY PERSONNEL AND SUB-CONSULTANT
Key Personnel for the services are as under:

Consultant shall provide Key Personnel / Experts with knowledge of latest Port
Planning, traffic forecasting, Dredging and reclamation, Navigational aspect,
Financial and PPP aspects, Social 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/ Team Leader
Minimum of Bachelor degree in civil engineering with minimum experience
of 20 years after graduation in various field of civil engineering, marine
engineering and Port Planning.
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 CA/ICW or equivalent
qualification from any
university/institution. He shall have minimum experience of 15 years in
financial modelling including knowledge of PPP.
3. Geotechnical Expert:
Minimum of Bachelor degree in civil engineering or Geo-technical
engineering with overall experience of 15 years.
4.
Design /Structural Engineer

Minimum of Post-graduation in Civil Engineering or structural engineering
with minimum experience of 10 years in the field of designing of marine
structures
63
Navigational and Dredging Expert:

Minimum of Captain of Ship or Dredge Master or Civil Engineer or Hydraulic
engineer with minimum experience of 10 years in the field of
navigation/dredging
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.
*******
64
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.
65
APPENDIX - C
DUTIES OF THE EMPLOYER
D1
Service, facilities and property to be made available to the

consultants by the Employer:
Equipment & facilities:
JNPT 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 JNPT are as under:
1.
Residential units in JNP Township:

Type of houses and area
Description
Built up Area
`A` type houses
45 Sq. mtr.
`B` type houses
65 Sq. mtr.
Rate per month per quarter

Rs.2,800 + 20% surcharge
Rs.3,700 + 20% surcharge
2.
Office accommodation: If available, approximate area of about 200 Sq.

mtr. will be given for office purpose in the Port area at prevailing rate.
The Consultant has to construct his office at his own cost.
3.
Water charges
4.
Electricity charges : As per the prevailing scale of Maharashtra 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
: Rs.53.24/- per thousand liters or prevailing rates.
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 Engineer in charge and other representatives

for the project.
*******
66
APPENDIX D (DRAWING)
67

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JAWAHARLAL NEHRU PORT TRUST

ADMINISTRATION BUILDING, SHEVA, TAL-URAN

JAWAHARLAL NEHRU PORT TRUST

PROPOSAL COPY NO.________

Copy No. ______ of the proposal document is enclosed.

Please note that you must submit independent documentary evidence to

CONSULTANCY SERVICES FOR PREPARATION OF A DETAILED

Notice Inviting Proposal

Instructions and Procedures for Proposal

Criteria for Evaluation of Proposals

Annexe - I - Terms of Reference.

Annexe - II - Application letter

Annexe - III Financial Proposal

Annexe - IV - Form of Bank Guarantee for

Annexe-V - Form of Agreement.

Annexe-VI -Format in case of Joint

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

NOTICE INVITING PROPOSAL

JNPT wishes to invite bids from experienced party/ies to provide consultancy

The Consultancy proposal is to be submitted in two cover system. The first

Firms/Companies/ Consortia / Voluntarily formed Joint Ventures or atleast

MINIMUM ELIGIBILITY CRITERIA:

The Tenderer shall satisfy the Minimum Eligibility Criteria as under;

PROPOSAL SECURITY : (Earnest Money Deposit)

The proposal document for the work may be obtained on payment of

The completed proposal in the required format containing all information

: In case, tender documents are downloaded from JNPTs website by the

CHIEF MANAGER (PP&D)

1. INSTRUCTIONS AND PROCEDURE OF PROPOSAL

1.1.2 To obtain firsthand information on the assignment and on the local

The proposals must be properly signed as detailed below :

By the proprietor in case of proprietary firm

By the partner holding the power of attorney in case of a firm in

By duly authorized person holding the power of attorney is case of a

Pre-Proposal/Tender Meeting and Amendment to Proposal Document:

Scope of the Proposal :

Brief Description of Bidding Process:

The tenderer should have experience in providing consultancy

1.7.1 Date and Place of Signing.

OTHER TERMS & CONDITIONS :

JNPT's Right to Accept or Reject Proposal:

2.1.1 Notwithstanding anything contained in this Proposal Document, JNPT

at any time, a material misrepresentation is made or uncovered,

Contents of Proposal Document:

2.4.5 The proposal must contain no interlineations or overwriting except as

Preparation and Submission of Proposal

First envelope titled as "Technical Proposal "

Application letter as per Annexe- II.

Proposal Security of Rs.3,00,000/- (Rupees Three Lakh only) in the

A forwarding letter confirming validity of the proposal for 120 days

An undertaking that qualification, experience and minimum number

Power of Attorney in the name of persons/s signatories of the

A statement supported by documentary evidence establishing

Details in respect of background of the party/ies past experience,

Details in respect of proposed approach and methodology, site

Details of equipment, vehicle, office infrastructure, communication

The Proposal Document and compilation of queries/ answers if any

Proposed work programme for the execution of the services,

Estimates of the total time effort to be provided for the service,