COCHIN PORT TRUST

Chief Engineer‟s Office

Cochin Port Trust
W/Island , Cochin – 682009, KERALA
Tele: 91-0484-2666414/0484-258-2400
website: www.cochinport.gov.in

Tender No.T12/T-1955/2021-C Date: 14/12/2021

1. NOTICE INVITING TENDER

1. Electronic Tenders (e-tenders) on percentage basis are invited by Cochin Port

Trust from reputed agencies in Single Stage Two Cover bidding procedure
[Technical Bid and Price Bid], meeting the Minimum Eligibility Criteria
specified below for the work of “Environmental Monitoring of Water and
Sediment Quality parameters in the back waters of Cochin Port Trust for
a period of 5 years from February 2022”.

2. Minimum Eligibility Criteria:

a) Experience
The tenderers should have experience of having successfully completed during
the last 7 (seven) years ending 30thNovember 2021 at least either:
i) Three similar works each costing not less than Rs. 13.76 lakhs
(OR)
ii) Two similar works each costing not less than Rs. 17.20 lakhs
(OR)
iii) One similar work costing not less than Rs. 27.52 lakhs
b) Financial Turnover
Average Financial Turnover of the tenderer over the last three financial years
ending 31st March 2020 [2017-’18,2018-’19& 2019-’20] shall not be less than
Rs. 10.32 lakhs.

c) (i) The Bidder must be approved by Kerala State Pollution Control

Board(KSPCB) / Ministry of Environment, Forests & Climate Change
(MoEF&CC) / Central Pollution Control Board (CPCB); and
(ii) The Bidder must have NABL Accreditation.
 Explanatory Notes to a) & b) :
Note 1:-Similar work(s) means “Environmental Monitoring of Water and
Sediment Quality parameters involving collection of samples,
subsequent analysis etc. as per CPCB/MoEF guidelines”.
Note 2:-Following enhancement factors will be used for the costs of works
executed for bringing the financial figures to a common base
value in respect of the works completed in past years.

Table 1
Year before Multiplying factor

One year [November2020 ] 1.07

Two years [November 2019] 1.14

Three years [November 2018] 1.21

Four years [November 2017] 1.28

Five years [November 2016] 1.35

Six years [November 2015] 1.42

Note 3:- The experience certificate of works executed in private sectors/

organisations shall be considered for qualification, only on
submission of TDS certificate along with work order and completion
certificate.
Note 4:- Satisfactory Client/ Owners’s Certificate or documentary proof shall
be submitted in support of the assignments / works performed and
claimed by the tenderer to fulfill the eligibility criteria for
qualification.
Note 5:- The works reckoned for the above purpose are those executed by the
tenderers as prime contractor or proportionately as member of joint
venture or as a sub contractor.
Note 6: A statement duly certified by the Chartered Accountant showing the
average annual Financial Turnover over the last 3 financial years
ending 31st March 2020 [2017-’18, 2018-’19 & 2019-’20]and audited
financial statements for the above last three years shall be submitted.
3. Other Eligibility Considerations

3.1 Even though the bidders meet the above qualifying criteria, they are subject to
be disqualified if they have:
i) made misleading or false representations in the forms, statements and
attachments submitted in proof of the qualification requirements; and/or
 ii) record of poor performance such as abandoning the works, not properly
completing the contract, inordinate delays in completion, litigation history,
or financial failures etc.
3.2 Bidders having EPF and ESI registration certificates only shall be
considered for qualification in the tenders,if applicable, as per EPF /ESI Acts.
In case, the Tenderer does not have the required number of employees which
makes such registration mandatory, an Undertaking as per Annexure –4 to the
effect shall be furnished.

4. Pertinent information to the tender is given in the following Tables:

i) Schedule of different activities till submission of the bid are detailed as
under:

Table 2

Sl.
Particulars Date and Time
No.
1 Tender e- publication date 14/12/2021
2 Download period of Bid 14/12/2021 to 03/01/2022
Documents
3 Date of Pre-Bid meeting Not Applicable
4 Last date for seeking 20/12/2021
clarification
5 Last date and time of submission 03/01/2022 up to 1500 hrs
of bid
6 Date and time of opening the bid 03/01/2022 after 1530 hrs

ii) Bid information :

Table 3
i) Estimated Amount Rs. 34,40,000/-.
put to Tender
ii) Earnest Money :NIL
Deposit However, EMD Declaration shall be submitted
along with Bid as per Annexure – 2.

iii) Cost of Bid Rs.1120/- (Rs. 1000/- + GST @12%)

document furnished in the form of Demand Draft
/Banker’s cheque drawn in favour of the
Financial Adviser & Chief Accounts Officer
(FA & CAO), CoPT, payable at Kochi, being
 the cost of single copy of the tender document
and scanned copy of the same shall be
attached with e-tender. Cost of Bid document
can also be made by online mode
(NEFT/RTGS)
iv) Validity period of 120 days from the Last Date of submission of
Tender Bids.
v) Time for Completion 5years

5. The works under this tender includes Monitoring of Water and Sediment
Quality parameters in the back waters of Cochin Port Trust, once a month from
seven identified locations at Cochin Port area with the appropriate instruments,
subsequent analysis in the laboratory etc. as per CPCB/MoEF guidelines and
submission of monthly reports and six monthly consolidated reports.
6. Tender documents can be downloaded from the e-Tendering portal
www.tenderwizard.com/COPT on the dates specified in Table 2 given above
by making online requisition. Bid document will also be available in Cochin
Port website (www.cochinport.gov.in) as well as Govt. tender website,
www.tenders.gov.in, which can be downloaded for submission. The cost of bid
document shall be furnished in the form of Demand Draft/ Banker’s Cheque
drawn in favour of FA & CAO, CoPT along with the submission of bid. The
bidders are also permitted to pay the cost of Bid Document by online mode
(NEFT/RTGS). Bank account details of Cochin Port Trust is attached at
Annexure-9. The bidder shall upload the proof of payment made towards cost
of Bid Document along with Document while submitting the Bid electronically
in the e-Tender Portal.
7. The bidders need to obtain the one time User ID & password for log-in to in e-
Tendering system from the service provider KEONICS by paying registration
amount of Rs.1124/- by online Payment using Credit/Debit Card/Net banking
or DD in favour of “KSEDCL, Bangalore.
8. The intending bidder must have valid Class-II or III digital signature certificate
to submit the bid. For further details and to obtain the digital signature please
contact e-Tender Help Desk No. 080 – 40482000 / 9746118529/9605557738.
9. Tenders shall be submitted “on-line” strictly in accordance with the
Instructions to Tenderers and Terms & Conditions given in the tender
document. The bidders should submit scanned copy of all the required
documents such as DD / Bankers Cheque towards the cost of tender form.
EMD/Bid security declaration, proof of experience, financial details etc.
through the e-tendering portal along with e-tenders.
10. The bidder is responsible to download Addenda/ Amendments/ Errata/ Replies
to the queries of the bidders etc., if any, issued by the Employer, from the
website before submission of the bid. Any shortfall in submission of the said
Addenda/ Amendments/Errata/Replies to the queries of the bidders etc
duly signed along with the downloaded Bid documents while submitting
the bid will make the Bid Documents incomplete in which case, the tender
is liable for rejection.
11. All bids are to be submitted on-line through the website
www.tenderwizard.com/COPT only. No Bids shall be accepted off-line.
12. Cochin Port Trust will not be held responsible for any technical snag or
network failure during online bidding It is the bidders responsibility to comply
with the system requirement i.e. hardware, software and internet connectivity at
bidder’s premises to access the e-Tender portal. Under any circumstances,
Cochin Port Trust shall not be liable to the bidders for any direct/indirect loss
or damages incurred by them arising out of incorrect use of the e-Tender
system or internet connectivity failures.
13. Bid Security / EMD is not applicable for this Tender. Instead “EMD/Bid
Security Declaration” in lieu of EMD as per Annexure – 2 shall be furnished
by the Bidder.
14. The bidder shall submit Originals of: (i) DD / Bankers Cheque /Proof of
payment made in online mode, towards the cost of Tender Document,(ii)
EMD/Bid Security Declaration; and (iii) Power of Attorney in favour of
signatory(s) to the tender, with letter of submission in a sealed cover to the
Chief Engineer, Cochin Port Trust, W/Island, Cochin – 682009, KERALA,
within three days of opening of the tender. Non submission of original
financial documents towards cost of Tender Document, EMD/Bid Security
Declaration as per Annexure-2 etc., before opening date and time of the
tender, will make the tender liable for rejection.
15. MSME Bidders who are registered with District Industries Centre (DIC) or
Khadi and Village Industries Commission (KVIC) or Khadi and Village
Industries Board (KVIB) or Coir Board or National Small Industries
Corporation (NSIC) or directorate of Handicrafts and Handlooms or Udyog
Aadhaar Memorandum or any other body specified by Ministry of MSME for
similar nature of Works shall be eligible for issue of Bid Document free of
cost. They are required to submit documentary proof of such registration
along with the offer, as detailed in Instructions to Bidders, for claiming the
available exemptions and a scanned copy of Exemption Certificate duly
notarized shall be uploaded in the e – Tender Portal. If the Registration
Certificate does not pertain to the Category of „Similar Works‟ mentioned
above, the Tender will be rejected.
16. The undersigned reserves the right to reject/cancel/postpone any one or all
tenders at any stage of the tender, which shall be binding on all bidders.

Sd/-
CHIEF ENGINEER
COCHIN PORT TRUST
 COCHIN PORT TRUST
Tele:91-0484 -2666414/0484-258-2400
Telefax:91-0484-2666414
E-mail: [email protected]
[email protected],
Website: www.cochinport.gov.in

TENDER DOCUMENT FOR

ENVIRONMENTAL MONITORING OF WATERAND

SEDIMENT QUALITY PARAMETERS IN THE BACK
WATERS OF COCHIN PORT TRUST FOR A PERIOD
OF 5 YEARS FROM FEBRUARY 2022
TECHNICAL BID
(e-Tendering Mode)
Website: www.tenderwizard.com/COPT
Tender No.T12/T-1955/2021-C

CHIEF ENGINEER‟S OFFICE

COCHIN PORT TRUST
COCHIN-682 009 Price: Rs.1120 /-
 INDEX
TENDER No.T12/T-1955/2021-C Date: 14-12-2021

Sl.No. Details of Items Page Nos.

A SECTION- I:

1 Notice Inviting Tender 3-7

2 Instructions to Tenderers 8-24

3 Form of Bid 25-27

4 Form of Agreement 28-30

5 Contract Data 31-34

General Description of Work and Special Conditions

6 35-44
of Contract

7 Schedule of Quantities- (Attached in Price Bid- „Schedule-II‟) 45

8 Annexures ( 1 to 9) 46-56

9 Drawings – 1 No. 57

B SECTION -II:GENERAL CONDITIONS OF CONTRACT (GCC)CC1 – CC69

SIGNATURE OF TENDERER

1
SECTION -I

2
 COCHIN PORT TRUST
Chief Engineer‟s Office
Cochin Port Trust
W/Island , Cochin – 682009, KERALA
Tele: 91-0484-2666414/0484-258-2400
website: www.cochinport.gov.in

Tender No.T12/T-1955/2021-C Date: 14/12/2021

1. NOTICE INVITING TENDER

1. Electronic Tenders (e-tenders) on percentage basis are invited by Cochin Port

Trust from reputed agencies in Single Stage Two Cover bidding procedure
[Technical Bid and Price Bid], meeting the Minimum Eligibility Criteria
specified below for the work of “Environmental Monitoring of Water and
Sediment Quality parameters in the back waters of Cochin Port Trust for
a period of 5 years from February 2022”.

2. Minimum Eligibility Criteria:

a) Experience
The tenderers should have experience of having successfully completed during
the last 7 (seven) years ending 30thNovember 2021 at least either:
i) Three similar works each costing not less than Rs. 13.76 lakhs
(OR)
ii) Two similar works each costing not less than Rs. 17.20 lakhs
(OR)
iii) One similar work costing not less than Rs. 27.52 lakhs
b) Financial Turnover
Average Financial Turnover of the tenderer over the last three financial years
ending 31st March 2020 [2017-’18,2018-’19& 2019-’20] shall not be less than
Rs. 10.32 lakhs.

c) (i) The Bidder must be approved by Kerala State Pollution Control

Board(KSPCB) / Ministry of Environment, Forests & Climate Change
(MoEF&CC) / Central Pollution Control Board (CPCB); and
(ii) The Bidder must have NABL Accreditation.

3
 Explanatory Notes to a) & b) :
Note 1:-Similar work(s) means “Environmental Monitoring of Water and
Sediment Quality parameters involving collection of samples,
subsequent analysis etc. as per CPCB/MoEF guidelines”.

Note 2:-Following enhancement factors will be used for the costs of works
executed for bringing the financial figures to a common base
value in respect of the works completed in past years.

Table 1
Year before Multiplying factor

One year [November2020 ] 1.07

Two years [November 2019] 1.14

Three years [November 2018] 1.21

Four years [November 2017] 1.28

Five years [November 2016] 1.35

Six years [November 2015] 1.42

Note 3:- The experience certificate of works executed in private sectors/

organisations shall be considered for qualification, only on
submission of TDS certificate along with work order and completion
certificate.
Note 4:- Satisfactory Client/ Owners‟s Certificate or documentary proof shall
be submitted in support of the assignments / works performed and
claimed by the tenderer to fulfill the eligibility criteria for
qualification.
Note 5:- The works reckoned for the above purpose are those executed by the
tenderers as prime contractor or proportionately as member of joint
venture or as a sub contractor.
Note 6: A statement duly certified by the Chartered Accountant showing the
average annual Financial Turnover over the last 3 financial years
ending 31st March 2020 [2017-‟18, 2018-‟19 & 2019-‟20]and audited
financial statements for the above last three years shall be submitted.
3. Other Eligibility Considerations

3.1 Even though the bidders meet the above qualifying criteria, they are subject to
be disqualified if they have:

4
 i) made misleading or false representations in the forms, statements and
attachments submitted in proof of the qualification requirements; and/or
ii) record of poor performance such as abandoning the works, not properly
completing the contract, inordinate delays in completion, litigation history,
or financial failures etc.
3.2 Bidders having EPF and ESI registration certificates only shall be
considered for qualification in the tenders,if applicable, as per EPF /ESI Acts.
In case, the Tenderer does not have the required number of employees which
makes such registration mandatory, an Undertaking as per Annexure –4 to the
effect shall be furnished.
4. Pertinent information to the tender is given in the following Tables:
i) Schedule of different activities till submission of the bid are detailed as
under:

Table 2

Sl.
Particulars Date and Time
No.
1 Tender e- publication date 14/12/2021
2 Download period of Bid 14/12/2021 to 03/01/2022
Documents
3 Date of Pre-Bid meeting Not Applicable
4 Last date for seeking 20/12/2021
clarification
5 Last date and time of submission 03/01/2022 up to 1500 hrs
of bid
6 Date and time of opening the bid 03/01/2022 after 1530 hrs
ii) Bid information :
Table 3
i) Estimated Amount Rs. 34,40,000/-.
put to Tender
ii) Earnest Money :NIL
However, EMD Declaration shall be submitted
Deposit along with Bid as per Annexure – 2.

iii) Cost of Bid Rs.1120/- (Rs. 1000/- + GST @12%)

document furnished in the form of Demand Draft
/Banker‟s cheque drawn in favour of the
Financial Adviser & Chief Accounts Officer
(FA & CAO), CoPT, payable at Kochi, being

5
 the cost of single copy of the tender document
and scanned copy of the same shall be
attached with e-tender. Cost of Bid document
can also be made by online mode
(NEFT/RTGS)
iv) Validity period of 120 days from the Last Date of submission of
Tender Bids.
v) Time for Completion 5years

5. The works under this tender includes Monitoring of Water and Sediment
Quality parameters in the back waters of Cochin Port Trust, once a month from
seven identified locations at Cochin Port area with the appropriate instruments,
subsequent analysis in the laboratory etc. as per CPCB/MoEF guidelines and
submission of monthly reports and six monthly consolidated reports.
6. Tender documents can be downloaded from the e-Tendering portal
www.tenderwizard.com/COPT on the dates specified in Table 2 given above
by making online requisition. Bid document will also be available in Cochin
Port website (www.cochinport.gov.in) as well as Govt. tender website,
www.tenders.gov.in, which can be downloaded for submission. The cost of bid
document shall be furnished in the form of Demand Draft/ Banker‟s Cheque
drawn in favour of FA & CAO, CoPT along with the submission of bid. The
bidders are also permitted to pay the cost of Bid Document by online mode
(NEFT/RTGS). Bank account details of Cochin Port Trust is attached at
Annexure-9. The bidder shall upload the proof of payment made towards cost
of Bid Document along with Document while submitting the Bid electronically
in the e-Tender Portal.
7. The bidders need to obtain the one time User ID & password for log-in to in e-
Tendering system from the service provider KEONICS by paying registration
amount of Rs.1124/- by online Payment using Credit/Debit Card/Net banking
or DD in favour of “KSEDCL, Bangalore.
8. The intending bidder must have valid Class-II or III digital signature certificate
to submit the bid. For further details and to obtain the digital signature please
contact e-Tender Help Desk No. 080 – 40482000 / 9746118529/9605557738.
9. Tenders shall be submitted “on-line” strictly in accordance with the
Instructions to Tenderers and Terms & Conditions given in the tender
document. The bidders should submit scanned copy of all the required
documents such as DD / Bankers Cheque towards the cost of tender form.
EMD/Bid security declaration, proof of experience, financial details etc.
through the e-tendering portal along with e-tenders.
10. The bidder is responsible to download Addenda/ Amendments/ Errata/ Replies
to the queries of the bidders etc., if any, issued by the Employer, from the
website before submission of the bid. Any shortfall in submission of the said
Addenda/ Amendments/Errata/Replies to the queries of the bidders etc
duly signed along with the downloaded Bid documents while submitting

6
 the bid will make the Bid Documents incomplete in which case, the tender
is liable for rejection.
11. All bids are to be submitted on-line through the website
www.tenderwizard.com/COPT only. No Bids shall be accepted off-line.
12. Cochin Port Trust will not be held responsible for any technical snag or
network failure during online bidding It is the bidders responsibility to comply
with the system requirement i.e. hardware, software and internet connectivity at
bidder‟s premises to access the e-Tender portal. Under any circumstances,
Cochin Port Trust shall not be liable to the bidders for any direct/indirect loss
or damages incurred by them arising out of incorrect use of the e-Tender
system or internet connectivity failures.
13. Bid Security / EMD is not applicable for this Tender. Instead “EMD/Bid
Security Declaration” in lieu of EMD as per Annexure – 2 shall be furnished
by the Bidder.
14. The bidder shall submit Originals of: (i) DD / Bankers Cheque /Proof of
payment made in online mode, towards the cost of Tender Document,(ii)
EMD/Bid Security Declaration; and (iii) Power of Attorney in favour of
signatory(s) to the tender, with letter of submission in a sealed cover to the
Chief Engineer, Cochin Port Trust, W/Island, Cochin – 682009, KERALA,
within three days of opening of the tender. Non submission of original
financial documents towards cost of Tender Document, EMD/Bid Security
Declaration as per Annexure-2 etc., before opening date and time of the
tender, will make the tender liable for rejection.
15. MSME Bidders who are registered with District Industries Centre (DIC) or
Khadi and Village Industries Commission (KVIC) or Khadi and Village
Industries Board (KVIB) or Coir Board or National Small Industries
Corporation (NSIC) or directorate of Handicrafts and Handlooms or Udyog
Aadhaar Memorandum or any other body specified by Ministry of MSME for
similar nature of Works shall be eligible for issue of Bid Document free of
cost. They are required to submit documentary proof of such registration
along with the offer, as detailed in Instructions to Bidders, for claiming the
available exemptions and a scanned copy of Exemption Certificate duly
notarized shall be uploaded in the e – Tender Portal. If the Registration
Certificate does not pertain to the Category of „Similar Works‟ mentioned
above, the Tender will be rejected.
16. The undersigned reserves the right to reject/cancel/postpone any one or all
tenders at any stage of the tender, which shall be binding on all bidders.

CHIEF ENGINEER
COCHIN PORT TRUST

7
 COCHIN PORT TRUST

2. INSTRUCTIONS TO TENDERERS
1. Introduction
Environmental Management and Monitoring Plan (EMMP) for Cochin Port
Trust (CoPT) includes monitoring of various environmental attributes and
parameters viz. air quality, noise levels, water quality - ground and surface,
marine/ estuarine water quality, soil, Plankton and Benthic communities and
sediment quality analysis.
As part of EMMP implementation, as per the instructions of Ministry of
Forests and Climate Change while according clearances of various projects,
Port have to monitor the water quality parameters periodically and monitoring
reports are to be furnished to Ministry /regional Office of the Ministry at
intervals. Towards this CoPT now invites tenders for “Environmental
Monitoring of Water and Sediment Quality parameters in the back waters
of Cochin Port Trust for a period of 5 years from February 2022” as per
the terms and conditions given below:
2. General Instructions
2.1 The work is to be executed as described in the Bid Document and in particular
in the Technical Specifications, Special Conditions, Schedule of Quantities and
drawings and in general includes, but is not limited to supplying all including
consumables and equipment necessary to execute the work as described in the
Bid Document.
2.2 Before submitting the Bid, the bidder shall examine carefully all conditions of
contract, specifications, drawings etc. supplied herewith. The bidders shall
inspect the site of work with prior appointment with the Engineer-in-Charge of
the Work to get himself acquainted with the site conditions and to assess and
satisfy himself of the difficulties and constraints which may be involved in
executing the Work in the location. It will be deemed that prior to the
submission of tender, the tenderer has visited the site and has satisfied himself
as to the nature and location of the work, general and local conditions,
particularly those pertaining to transportation, handling and availability and
storage of materials, availability of labour, weather conditions, tidal variations
at site, working conditions, ground level, nature of soil etc. and that the
tenderer has estimated his cost accordingly and the Port Trust will be in no way
responsible for the lack of such knowledge and also consequences thereof to
the tenderer. Failure to visit the site will in no way relieve the successful bidder
of any of the obligations in performing the Work in accordance with this Bid
Document including addenda/corrigenda, if any, within the quoted price.
2.3 A bidder shall be deemed to have full knowledge of all documents, site
conditions etc. whether he has inspected them or not. The submission of a bid
by the bidder implies that he has read the notice and conditions of contract and

8
 has made himself aware of the scope and specifications and other factors
bearing on the bid and that they are binding on him.
2.4 The bidders may please note that the EMPLOYER will not entertain any
correspondence or query on the status of the offers received against this Bid.
Bidders are also requested not to depute any of their personnel or agents to visit
the Employer‟s offices for making such enquiries till finalisation of the bid.
Should the EMPLOYER find it necessary to seek any clarification, technical or
otherwise the concerned bidder will be duly contacted by the EMPLOYER.
2.5 Canvassing in any form by the bidder or by any other agency acting on behalf
of the bidder after submission of the bid may disqualify the said bidder. The
Employer‟s decision in this regard shall be final and binding on the bidder.
2.6 EMPLOYER will not be liable for any financial obligation in connection with
the work until such time the EMPLOYER has communicated to the successful
bidder in writing his decision to entrust the Work (covered by the bid document
issued to him).
2.7 E-mail offers will not be considered. Bidders should prepare their bid
themselves. Bids submitted by agents will not be recognized.
2.8 Bids received after the due date and time and any change in bid after the
specified date will be rejected. EMPLOYER will not be responsible for the loss
of the bid document or for the delay in postal transit.
2.9 In case of an unscheduled holiday on the prescribed closing/opening day of the
bid, the next working day will be treated as the scheduled prescribed day of
closing/opening of the bid.
2.10 While evaluating the document, regard would be paid to National defence and
security considerations, at the discretion of the Cochin Port Trust. Bid received
from any bidder may be summarily rejected on National security consideration
without any intimation thereof to the bidder.
2.11 If there are varying or conflicting provisions made in any document forming
part of the contract, the Chief Engineer, Cochin Port Trust, Cochin – 682009
shall be the deciding authority with regard to the intention of the document
which shall be binding on the Bidder.
2.12 In case the department desires to inspect the equipments/ machinery for
confirmation of its availability and capacity etc., necessary arrangements shall
be made by the contractor for such inspection at his own cost.
2.13 Any error in description, any omissions there from shall not vitiate the contract
or release the contractor from the execution of whole or any part of the works
comprised therein according to drawing and specifications or from any of his
obligations under the contract
2.14 The Bank Guarantees (BGs) to be furnished by the contractors in connection
with the tender shall be sent to the Chief Engineer, Cochin Port Trust directly
by the issuing bank under registered post with AD. The contractor shall take the
responsibility of sending BGs directly to the Port Trust by the issuing bank.

9
2.15 The contractor shall comply with all the provisions of the Indian
Workmen's Compensations Act, Provident Fund Regulations, Employees
Provident Fund and ESI Act etc. amended from time to time and rules
framed there under and other laws affecting the contract labour that may
be brought in to force from time to time.
2.16 If applicable as per EPF/ESI Acts, the Tenderer shall be registered under
EPF and ESI Act and the employees employed under them shall be
covered in the EPF and ESI scheme. In such cases, who are registered
under EPF Organisation and ESI Corporation and furnish documentary
evidence in support of valid registration shall only be considered for
qualification for opening of Price Bids. In case, the Tenderer does not have
the required number of employees which makes such registration
mandatory, an undertaking as per Annexure –4 to the effect shall be
furnished
2.17 The Contractor shall regularly remit the Employer and Employee
contribution to the authorities. If not, the Employer would remit the same
and the amount so remitted shall be deducted from the part/final bill of
Contractor.
2.18 The contractor shall be registered under GST and shall furnish
documentary evidence in support of valid GST registration.
2.19 MSME Bidders who are registered with District Industries Centre (DIC) or
Khadi and Village Industries Commission (KVIC) or Khadi and Village
Industries Board (KVIB) or Coir Board or National Small Industries
Corporation (NSIC) or directorate of Handicrafts and Handlooms or Udyog
Aadhaar Memorandum or any other body specified by Ministry of MSME for
similar nature of Works shall be eligible for issue of Bid Document free of cost.
They are required to submit documentary proof of such registration along
with the offer, for claiming the available exemptions and a scanned copy of
Exemption Certificate duly notarized shall be uploaded in the e – Tender
Portal. If the Registration Certificate does not pertain to the Category of
„Similar Works‟ mentioned above, the Tender will be rejected
2.20 If a bidder has already been awarded or qualified for a similar nature work with
a higher value or equivalent value within the last 6 months from the date of
notice inviting tender, the tender of such bidder shall be evaluated / considered
for qualification with the documents submitted by the bidders in those tenders.
However, in such cases, the bidder shall clearly state the details of above
such works in the Letter of Submission.
2.21 In the Letter of submission, the Bidder shall compulsorily indicate 2 nos. of
current active e-mail IDs to which further Bid related communication can be
sent by CoPT. All communication from CoPT shall be deemed to have been
delivered when the e-mail is sent to the specified e-mail ID and the date of
sending the e-mail by CoPT shall be considered as the receipt by the Bidder.
CoPT shall no way be responsible for the non-receipt of any such

10
 communication by the Bidder whatever be the reason due to which this has
occurred.
3. Invitation for Bids:
The Invitation for Bids is open to all eligible bidders meeting the Eligibility
Criteria.
4. Downloading of Tender Documents:
Tender documents can be downloaded from the e-Tendering portal
www.tenderwizard.com/COPT on the dates specified in NIT by making online
requisition. Tender document can also be downloaded from Cochin Port
website www.cochinport.gov.in or Government of India (GOI) tender portal
www.tenders.gov.in.Demand Draft /Banker‟s Cheque for cost of tender
document drawn in favour of the FA & CAO, CoPT from any Scheduled /
Nationalised Bank having its branch at Cochin shall be submitted at the time of
submission of bids and scanned copy of the same shall be attached with the e-
tender.
In case of tender document being downloaded from the website, at the time of
submission of the tender document (the hard copy), the tenderer shall give an
undertaking that no changes have been made in the document. The Port‟s
Tender document will be treated as authentic tender and if any discrepancy is
noticed at any stage between the Port‟s Tender Document and the one
submitted by the tenderer, the Port‟s document shall prevail. For the
discrepancies found at any time, the tenderer shall be liable for legal action.
5. One Bid per Bidder:
Each bidder shall submit only one bid. A bidder who submits or participates in
more than one Bid will cause all the proposals with the Bidder‟s participation
to be disqualified.
6. The Bidder
The Bidder shall be a single entity only.
7. Cost of Bidding:
The bidder shall bear all costs associated with the preparation and submission
of his Bid, and the Employer will in no case be responsible and liable for those
costs.
8. Site visit:
The Bidder, at the Bidder‟s own responsibility and risk is encouraged to visit
and examine the work site and its surroundings and obtain all information that
may be necessary for preparing the Bid and entering into a contract for
execution of the Works. The costs of visiting the site shall be at the Bidders‟
own expense.

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9. Clarification of the Bidding Documents:
The Tenderers are advised to examine the Tender Documents carefully and if
there be or appear to be any ambiguity or discrepancy in the documents, or any
clarifications needed on the Tender Documents; these shall be referred to the
Chief Engineerin writing at the following address, so as to reach them at least
by 20/12/2021. It is to be noted that queries/ clarifications will not be answered
after this date.

THE CHIEF ENGINEER,

CHIEF ENGINEER‟S OFFICE,
COCHIN PORT TRUST,
WILLINGDON ISLAND,
KOCHI-9,
KERALA, INDIA.
Ph: - 91-0484-2666414/2582400.
Fax:-91-0484-2666414.
Email: [email protected]/[email protected]
9.1 Pre-Bid Meeting:
No Pre Bid meeting will be held for this tender.
10. Amendment of Bidding Documents:
The Chief Engineer, Cochin Port Trust shall have the right to omit or suspend
certain items of work or revise or amend the Bid Documents prior to the due
date of submission of the Bid by issuance of Addendum/Corrigendum. Any
Addendum / Corrigendum thus issued shall be part of the tender documents.
The Addendum /Corrigendum, if any, shall only be hosted in the e-tender portal
and in the website of the Cochin Port. It is the responsibility of the Bidders to
download such Addendum / Corrigendum hosted in the website and submit the
same duly signed along with the Bid. In order to afford the Bidders with
reasonable time to take Addendum / Corrignedum into account, or for any other
reason, the Port Trust may, at its discretion, extend the due date for submission
of Bid and Bid Extension Notice shall be hosted in the web site.
11. Preparation of bids:
All documents relating to the bid shall be in the English language.
12. Minimum Eligibility Criteria:
a) Experience
The tenderers should have experience of having successfully completed during
the last 7 (seven) years ending 30thNovember 2021 at least either:
(i) Three similar works each costing not less than Rs. 13.76 lakhs
(OR)
(ii) Two similar works each costing not less than Rs. 17.20 lakhs
(OR)

12
 (iii) One similar work costing not less than Rs. 27.52 lakhs
b) Financial Turnover
Average Financial Turnover of the tenderer over the last three financial years
ending 31st March 2020 [2017-’18, 2018-’19 & 2019-’20] shall not be less than
Rs. 10.32 lakhs.

c) (i) The Bidder must be approved by Kerala State Pollution Control Board
(KSPCB) / Ministry of Environment, Forests& Climate Change(MoEF& CC) /
Central Pollution Control Board (CPCB); and
(ii) The Bidder must have NABL Accreditation.
Explanatory notes to a) & b) :
Note 1:- Similar work(s)means-“Environmental Monitoring of Water and
Sediment Quality parameters involving collection of samples,
subsequent analysis etc. as per CPCB/MoEF guidelines”.

Note 2:-Following enhancement factors will be used for the costs of works
executed for bringing the financial figures to a common base
value in respect of the works completed in past years.
Table 1
Year before Multiplying factor

One year [November 2020 ] 1.07

Two years [November 2019] 1.14

Three years [November 2018] 1.21

Four years [November 2017] 1.28

Five years [November 2016] 1.35

Six years [November 2015] 1.42

Note 3:- The experience certificate of works executed in private sectors/

organizations shall be considered for qualification, only on
submission of TDS certificate along with work order and
completion certificate.
Note 4:- Satisfactory Client/ owners’ Certificate or documentary proof shall
be submitted in support of the assignments / works performed and
claimed by the tenderer to fulfill the eligibility criteria for
qualification..

13
 Note 5:- The works reckoned for the above purpose are those executed by the
tenderers as prime contractor or proportionately as member of joint
venture or as a sub contractor.
Note 6: A statement duly certified by the Chartered Accountant showing
the average annual Financial Turnover over the last 3 financial
years ending 31st March 2020 [2017-‟18, 2018-‟19 & 2019-‟20]and
audited financial statements for the above last three years shall be
submitted.
12.1 Other Eligibility Considerations:
(i) Even though the bidders meet the above qualifying criteria, they are subject
to be disqualified if they have:
a) made misleading or false representations in the forms, statements and
attachments submitted in proof of the qualification requirements; and/or
b) record of poor performance such as abandoning the works, not properly
completing the contract, inordinate delays in completion, litigation
history, or financial failures etc.
(ii) Bidders having EPF and ESI registration certificates shall only be
considered for qualification in the tenders. In case, the Tenderer does
not have the required number of employees which makes such
registration mandatory, an undertaking as per Annexure –4 to the
effect shall be furnished.
13. Bid Prices:
13.1 Percentage Basis Contract:
The Bidder shall fill the percentage above / below in the Bidder‟s Quoting Area
under “Percentage Quoted” in the Schedule-II (Schedule of Quantities to be
done on Contract) both in figures and words. The Bidder shall also fill „Above
/ Below‟ column.
13.2 On scrutiny, if there are differences between the percentage given in figures
and in words, the following procedure shall be followed:-
a) When there is a difference between the percentage quoted in figures and
in words, the percentage in words shall be taken as correct.
b) When the sign (+) / (-) and Above / Below does not correspond with each
other, the words under Above / Below shall be taken as correct.
13.3 Rates Quoted
The amount quoted shall be as per Price Bid enclosed for carrying out the work
for five years. Rate shall include all costs for data collection including the cost
of (i) Installation of samplers: (ii) Collection of samples and Analysis of
collected data: and (iii) Submission of monthly reports and six monthly
consolidated reports in three hard copies and one soft copy etc., and also
inclusive of all incidentals, overheads, travelling expenses, etc. including all
taxes, levy and duties etc complete, but excluding Goods and Service Tax

14
 (GST). GST as may be applicable from time to time shall be shown separately
in the invoice.
13.4 The Contract shall be for the whole Work based on the priced Bill of Quantities
submitted by the Bidder. The Bidder should ensure that his tendered
percentage as per Price Bid is not mentioned anywhere in any documents
in Technical Bid submission, directly or indirectly. If any such mention is
made, the tender will become invalid and shall become liable for rejection.

14. Currencies of Bid and Payment:

The unit rates and the prices indicated in the Schedule –II (Schedule of
Quantities of work to be done on Contract) is in Indian National Rupees (INR).
15. Bid Validity:
Bids shall remain valid for a period not less than 120 (one hundred &twenty)
days from the Last Date of submission of Bids. A bid valid for a shorter period
shall be rejected by the Employer as non-responsive.
In exceptional circumstances, prior to expiry of the original time limit, the
Employer may request the Bidder to extend the period of validity for an
additional period. The request and Bidder‟s response shall be made in writing.
A bidder agreeing to the request will not be permitted to modify his bid (ie, the
extension shall be unconditional)
16. Bid Security / EMD:
Bid Security / EMD is not applicable for this Tender. Instead “ EMD
Declaration” accepting that the Bidder shall be suspended and shall not be
eligible to participate in the Bids invited by Cochin Port Trust, for a period of
Two years from the date of such Suspension Order in lieu of EMD as per
Annexure – 2shall be furnished by the Bidder.
17. No Alternative Proposals by Bidders:
Bidders shall submit offers that comply with the requirements of the bidding
documents. Alternatives will not be considered.
18. Format and Signing of Bid:
18.1 The Tenderer shall prepare one set of his Tender (all Volumes), duly completed
and signed, along with the set of Drawings and other documents mentioned
hereinafter. The Bid shall be typed or written in indelible ink and shall be
signed by a person or persons duly authorised to sign on behalf of the Bidder
with signature duly witnessed and company seal affixed. The Power of
Attorney (in original) authorizing the signatory/s of the Tender shall be
enclosed. All pages of the bid where entries or amendments have been made
shall be initialed by the person or persons signing the bid.
18.2 If the tender is made by an individual it shall be signed by his full name and his
address shall be given. In the event of the tender being submitted by a
registered partnership firm, it must be signed individually by each partner
thereof. In the event of absence of any partner, it must be signed on his behalf

15
 by person holding a proper Power-of- Attorney authorising him to do so and to
bind the partner in all matters pertaining to the contract including the arbitration
clause, such Power-of-Attorney to be attached with the tender which must
disclose that the firm is duly registered under Indian Partnership Act. If the
tender is made by a Limited Company it shall be signed by a duly authorised
person who shall produce with the tender satisfactory evidence of the
authorisation. In the case of a Limited Company the tender should be
accompanied by the Memorandum and Articles of Association of the
Company.
19. Bid Submission:
19.1 Bid shall be submitted in two parts, Part - I: Technical Bid and Part - II:
Price Bid, through e- tender mode before15.00 Hrs on 03/01/2022.
19.2 The Technical Bid document and the scanned copies of the documents as
detailed in clause 20.1 below shall be submitted through e-Tendering mode on
www.tenderwizard.com/COPT.
19.3 Price bid (Schedule-II) in the provided format shall be submitted only through
e-tendering mode on www.tenderwizard.com/COPT before 15.00 Hrs on
03/01/2022. In no case shall filled in Price Bid (Schedule II) be submitted
in hard copy, as it shall result in rejection of the tender.
19.4 Tenders shall be submitted “online” strictly in accordance with the Instructions
to Tenderers and Terms & Conditions given in the tender document. The
bidders should submit scanned copy of all the required documents such as DD /
Banker‟s Cheque towards the cost of tender; proof of experience, financial
details etc. through the e-tendering portal.
19.5 The Bidder shall submit Original (i) DD / Bankers Cheque towards the
cost of tender document(ii)EMD/Bid Security Declaration (iii) Power of
Attorney alongwith letter of submission in a sealed cover, super scribing
thereon the Tender Number, Name of Work, date notified for submission
of tender and the name of the tenderer. Tenders can be brought either in
person or sent by registered post/ courier to the Chief Engineer, Cochin
Port Trust, W/Island, Cochin - 682009, KERALA, within three days of
opening of the tender. Tenders brought in person, shall be put in the Tender
Box on or before the due date specified above. The bidder shall also submit
hard copy of tender document (Technical bid) duly signed along with the
tender.
19.6 Tenders without submitting the original documents towards cost of Tender
document and EMD/Bid Security Declaration etc., as above, before
opening date and time of the tender will be liable for rejection.
19.7 The successful Bidder shall submit original copy of complete Technical Bid
already submitted in e-mode within 7 days of receipt of Letter of Acceptance
issued for the work.
20. Information Required in the Bid

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20.1 Part I -Technical Bid shall contain the following , scanned copy of which
shall be uploaded on line:
a) Letter of Submission as perAnnexure-1
b) Bid Security /EMD Declaration as Per Annexure-2
c) Cost of Tender document/Proof of payment made.
d) Check list as per Schedule I attached along with Technical Bid in the
e-Tendering Portal.
e) Power of Attorney (in original) in favour of signatory(s) to the Tender, duly
authenticated by Notary Public(vide Annexure-3)
f) Details of experience as per Annexures-5a &5b and Certificates in proof of
experience in similar works as detailed under clause 12 of Instruction to
Tenderers.
Explanatory notes:
(1) Original or notary certified copy of completion certificates of each
work issued by the owner/ the responsible officers of the owner under
whom he has executed such contracts and work order shall be
attached. The certificate shall invariably contain the following among
other details:
a) Details of work involved specifying the nature of work;
b) Completion cost of the work,
c) Date of commencement ; and
d) Date of completion of the work.
(2) If the experience in Similar Works is as a member of joint venture,
notary attested copy of joint venture agreement in this respect shall be
attached.
(3) If the experience in Similar Works is as a subcontractor, notary
attested copy(s) of approval issued by the Employer(s) authorizing as a
sub-contractor in proof of the claim of the tenderer as a sub-contractor,
shall be attached.
(4) The works indicated in Annexure-5a will only be considered for
evaluation. Mere submission of work completion certificate will
not be considered towards Eligible Assignment.
g) A statement duly certified by Chartered Accountant showing the Average
Annual Financial Turnover of the tenderer over the last three financial
years [2017-‟18, 2018-‟19& 2019-„20] (vide Annexure-6) supported by
Audited Financial statements for the last three years.
h) .Certificate of approval of Kerala State Pollution Control Board (KSPCB)
/ Ministry of Environment & Forests (MoEF& CC) / Central Pollution
Control Board (CPCB).
i) Certificate of NABL Accreditation.

17
 j) Bid documents including all addenda/corrigenda duly signed and
sealed.
k) Partnership deed or Memorandum and Articles of Association of the
company and Registration certificate of the company as the case may be.
l) Copies of EPF, ESI,PAN and GST registration.
m) Form of Bid duly signed and sealed.
n) Documentary proof of NSIC Registration, if applicable.
o) A declaration to the effect that (vide Annexure-7)
i) No conditions are incorporated in the Price Bid. In case any conditions
are specified in the Price Bid, the tender will be rejected summarily
without making any further reference to the bidder.
ii) We have not made any payment or illegal gratification to any persons/
authority connected with the bid process so as to influence the bid
process and have not committed any offence under PC Act in
connection with the bid.
iii) We disclose with that we have made / not made (strike out whichever
is not applicable) payments or propose to be made to any
intermediaries (agents) etc in connection with the bid.
iv) We do hereby confirm that no changes have been made in the tender
document downloaded and submitted by us for the above bid. The
Port‟s Tender Document will be treated as authentic tender and if any
discrepancy is noticed at any stage between the Port‟s Tender
Document and the one submitted by the tenderer, the Port‟s document
shall prevail.
p) Bank information for e- Payment system as per Annexure-8.

NOTE: If a bidder has already been awarded or qualified for a similar nature
work with a higher value or equivalent value within the last 6 months from
the date of notice inviting tender, the tender of such bidder shall be evaluated
/ considered for qualification with the documents submitted by the bidders in
those tender, provided the Bidder clearly states the details of above such
works in the Letter of Submission.
20.2 Part II : Price Bid" shall contain Schedule II -Schedule of Quantities of Work
done. It shall be duly filled in and fully priced and submitted only in e-
tendering mode
21. List of Documents to be Submitted in Original
i) DD / Bankers Cheque/Proof of payment made towards Cost of Tender
Document.
ii) EMD / Bid Security Declaration as per Annexure -2.
iii) Power of Attorney, duly authenticated by Notary Public (vide Annexure-3)

18
 iv) Letter of submission (vide Annexure -1)
22. Deadline for Submission of the Bids:
E-tenders attaching all documents shall be submitted „on-line‟ in the e tender
portal strictly in accordance with the terms and conditions of tender document
before the time and the day notified in Table.2of NIT.
The Original (i) DD / Bankers Cheque towards the cost of Tender
documents(ii) EMD/ Bid Security declaration, and (iii) Power of Attorney
along with letter of submission in a sealed cover in original super scribed with
the Tender Number, Name of Work, date notified for submission of tender and
the Name of the Tenderer, should reach the office of the Chief Engineer,
Cochin Port Trust, Cochin-9, within three days of opening of tender, notified
in Table 2 of NIT.
23. Late Bids:
Any Bid received by the Employer after the Bid due date will be returned
unopened to the bidder.
24. Bid Opening
The Officer inviting the tender or his duly authorized assistant will open the
tenders in the presence of intending tenderers who may be present at the time in
person or through their authorized representative. In the case of the tenders
invited under Two Cover System, the Technical Bids of the tenders received
will be opened first.
Technical Bid: Technical Bid shall be opened in the office of the Chief
Engineer, Cochin Port Trust after 15.30 Hours on the last date fixed for
receiving the Tenders. Submission of EMD Declaration and Cost of document
is verified initially. In case the Earnest Money Declaration and cost of bid
document is not deposited or is not in order, the Bid will not be opened further
and hard copy submitted will be returned.
If all Bidders have submitted unconditional Bids together with requisite Bid
Security/EMD Declaration, then all Bidders will be so informed then and there.
If any Bid contains any deviation from the Bids documents and /or if the same
does not contain Bid security Declaration in the manner prescribed in the Bid
documents, then that Bid will be rejected and the Bidder will be informed
accordingly. The Price Bid submitted in e- mode will not be opened.
25. Bid Opening – Price Bid:
Price Bid of those Bidders found responsive in the evaluation of Technical Bid,
will be opened later. Short listed Bidders will be communicated about the
date and time of opening of the Price Bid through e-tender portal
notification / communication only and there will be no direct
communication from department in this regard. The Bidder‟s name, the Bid
Prices, the total amount of each Bid, any discounts, Bid modifications and
withdrawals, and such other details as the Employer may consider appropriate,
will be announced by the Employer at the time of opening.

19
26. Clarification of Bids:
To assist in the examination and comparison of Bids, the Employer may, at his
discretion, ask any Bidder for clarification of his Bid, including breakup of unit
rates. The request for clarification and the response shall be in writing, but no
change in the price or substance of the Bid shall be sought, offered, or
permitted.
No Bidder shall contact the Employer on any matter relating to his bid from the
time of the bid opening to the time the contract is awarded. If the Bidder wishes
to bring additional information to the notice of the Employer, he should do so
in writing.
Any effort by the Bidder to influence the Employer‟s bid evaluation, bid
comparison or contract award decisions, may result in the rejection of his bid.
27. Examination of Bids and Determination of Responsiveness:
Prior to detailed evaluation of Bids, Cochin Port Trust will determine whether
each Bid
(a) meets the Minimum Eligibility Criteria defined in Clause 12.
(b) has been properly signed by an authorised signatory (accredited
representative) holding Power of Attorney in his favour. The Power of
Attorney shall interalia include a provision to bind the Bidder to
settlement of disputes clause;
(c) is accompanied by the required cost of bid document and EMD
Declaration.
(d) Undertakes in the Technical Bid that he has not incorporated any
conditions in the Price Bid.
A responsive Bid is one which conforms to all the terms, conditions and
specification of the Bidding documents, without material deviation or
reservation. A material deviation or reservation is one;
i) which affects in any substantial way the scope, quality or
performance of the Works;
ii) which limits in any substantial way, the Employer‟s rights or the
Bidder‟s obligations under the Contract; or
iii) whose rectification would affect unfairly the competitive position of
other Bidders presenting responsive Bids.
(e) is responsive to the requirements of the Bidding documents.
If a Bid is not substantially responsive, it shall be rejected by the Employer,
and shall not subsequently be made responsive by correction or withdrawal of
the non-conforming deviation or reservation.
28. Correction of Errors:
Bids determined to be responsive will be checked by the Employer for any

20
 arithmetic errors. Errors will be corrected by the Employer as detailed in
Clause 13.2.
The amount stated in the Bid will be adjusted by the Employer in accordance
with the above stated procedure for the correction of errors and it shall be
considered as binding upon the bidder. If the Bidder does not accept the
corrected amount, the Bid shall be rejected.
29. Evaluation and Comparison of Bids:
The Employer will evaluate and compare only the Bids determined to be
responsive in accordance with Clause 27. In evaluating the Bids, the Employer
will determine for each Bid the evaluated Bid Price by adjusting the Bid Price
as follows:
(a) making any correction for errors pursuant to Clause 28;
(b) making appropriate adjustments to reflect discounts or other price
modifications offered.
30. Alteration of Tender Documents:
No alteration shall be made in any of the tender documents or in the Bill of
Quantities and the tender shall comply strictly with the terms and conditions of
the tender document. The Employer may however ask any tenderer for
clarifications of his tender if required. Nevertheless, no tenderer will be
permitted to alter his tender price after opening of the tender.
31. Alternative Conditions and Proposal:
The Tenderer shall note that alternative or qualifying tender conditions, or
alternative design proposal for whole or part of the work will not be acceptable.
Tenders containing any qualifying conditions or even Tenderer's clarifications
in any form will be treated as non-responsive and will run the risk of rejection.
Price Bid of such Tenderer‟s will not be opened.
32. Award of Contract:
The Employer will award the Contract to the Bidder whose bid has been
determined to be responsive to the bidding documents and who has offered the
lowest evaluated bid price, provided that such bidder has been determined to be
(a) Eligible in accordance with the provisions of Clause 12, and
(b) Qualified in accordance with the provisions of Clause 12.
(c) Basis for Award of Contract
The work will be awarded to the bidder quoting the lowest amount for
carrying out the water and sediment quality monitoring for 5 years, as
per tender conditions.

The Employer does not bind himself to accept the lowest or any tender
and has the right to reject any tender without assigning any reason
thereof. No representation whatsoever will be entertained on this
account.

21
33. Performance Security:
33.1 Within not later than 21 days of receipt of the Letter of Acceptance, the
successful Bidder shall deliver to the Employer a Performance Security for an
amount equivalent to 3 % of the Contract Price rounded off to the nearest
Rs.1000/- in any of the following forms;
(i) Banker‟s Cheque/Demand Draft / Pay Order of a Scheduled Bank.
(ii) An irrevocable Bank Guarantee (BG) enforceable and encashable at
Cochin, drawn from any Nationalised/scheduled bank operating in India
as per the proforma
33.2 If the Performance Security is provided by the successful Bidder in the form of
a Bank Guarantee, it shall be issued by a Nationalised /Scheduled Indian bank
having its branch at Cochin acceptable by Cochin Port Trust. The BG shall be
issued in favor of Cochin Port Trust in the Format enclosed in Annexure A of
GCC.
34. Signing of Agreement
34.1 The successful tenderer will be required to execute an Agreement at his
expense within 28 (twenty eight) days from the date of work order, on proper
value Kerala State Stamp Paper in the prescribed form. The agreement as
finally executed will include the Employer‟s Bid Documents and the Bidder‟s
offer as finally accepted by the EMPLOYER together with
addendum/corrigendum, bid clarification and all correspondences exchanged
between EMPLOYER and the bidder, if any. Till the formal agreement is
executed, the Letter of Acceptance together with the offer as finally accepted
along with correspondences shall form a binding contract between the two
parties.
34.2 The Contractor shall made 12 copies of the Agreement and submit to the
Employer within 7 days following the date of signing of Agreement.
34.3 In the event of the tenderer, after the issue of the communication of acceptance
of offer by the Board, failing /refusing to execute the agreement as hereinafter
provided, the tenderer shall be deemed to have abandoned the contract and
such an act shall amount to and be construed as the contractor‟s calculated
and the willful breach of the contract, the cost and consequence of which shall
be to the sole account of the tenderer and upon such an event the Board shall
have full right to claim damages therefore
35. Fraud and Corrupt Practices:
The bidder and their respective officers, employees, agents and advisers shall
observe the highest standard of ethics during the Selection Process.
Notwithstanding anything to the contrary contained in this document, the Port
shall reject the tender without being liable in any manner whatsoever to the
bidder, if it determines that the bidder has, directly or indirectly or through an
agent, engaged in corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice (collectively the “Prohibited
Practices”) in the Selection Process. In such an event, the Port shall, without

22
prejudice to its any other rights or remedies, forfeit and appropriate the Bid
Security or Performance Security, as the case may be, as mutually agreed
genuine pre-estimated compensation and damages payable to the Port for, inter
alia, time, cost and effort of the Authority, in regard to the Tender, including
consideration and evaluation of such Bidder‟s Proposal. Such Bidder shall not
be eligible to participate in any tender or RFP issued by the Authority during a
period of 2 (two) years from the date such Bidder is found by the Authority to
have directly or through an agent, engaged or indulged in any corrupt practice,
fraudulent practice, coercive practice, undesirable practice or restrictive
practice, as the case may be.
For the purposes of this Clause, the following terms shall have the meaning
hereinafter respectively assigned to them:
(a) “corrupt practice” means
(i) the offering, giving, receiving, or soliciting, directly or indirectly, of
anything of value to influence the action of any person connected
with the Selection Process (for avoidance of doubt, offering of
employment to or employing or engaging in any manner
whatsoever, directly or indirectly, any official of the Authority who
is or has been associated in any manner, directly or indirectly with
the Selection Process or the LOA or has dealt with matters
concerning the Agreement or arising there from, before or after the
execution thereof, at any time prior to the expiry of one year from
the date such official resigns or retires from or otherwise ceases to
be in the service of the Authority, shall be deemed to constitute
influencing the actions of a person connected with the Selection
Process; or
(ii) engaging in any manner whatsoever, whether during the Selection
Process or after the issue of the LOA or after the execution of the
Agreement, as the case may be, any person in respect of any matter
relating to the Project or the LOA or the Agreement, who at any
time has been or is a legal, financial or technical consultant/ adviser
of the Authority in relation to any matter concerning the Project;
(b) “fraudulent practice” means a misrepresentation or omission of facts or
disclosure of incomplete facts, in order to influence the Selection Process;
(c) “coercive practice” means impairing or harming or threatening to impair or
harm, directly or indirectly, any persons or property to influence any
person‟s participation or action in the Selection Process;
(d) “undesirable practice” means
(i) establishing contact with any person connected with or employed or
engaged by the Authority with the objective of canvassing,
lobbying or in any manner influencing or attempting to influence the
Selection Process; or
(ii) having a Conflict of Interest; and
(e) “restrictive practice” means forming a cartel or arriving at any
23
 understanding or arrangement among Applicants with the objective of
restricting or manipulating a full and fair competition in the Selection
Process.

36. Rejection of Tender:

Any Tender not conforming to the foregoing instructions will not be
considered. The Employer does not bind himself to accept the lowest or any
tender and has the right to reject any tender without assigning any reason
thereof. No representation whatsoever will be entertained on this account.

SIGNATURE OF TENDERER

24
 COCHIN PORT TRUST

3. FORM OF BID

To

The Board of Trustees,

Cochin Port Trust

Through

TheChief Engineer
Cochin Port Trust, Cochin -9

Tender for the work of “Environmental Monitoring of Water and Sediment

Quality parameters in the back waters of Cochin Port Trust for a period of 5
years from February 2022”.
I/We have read and examined the Notice inviting tender, General rules and directions,
General conditions of Contract, Contract Data, Technical Specifications, Drawings,
Special conditions & other documents and rules referred to in the General Conditions
of Contract and all other contents in the tender document for the work.
I/We hereby tender for the execution of the work specified in the under written
memorandum within the time specified in such memorandum at the rates specified in
the schedule attached hereto and in accordance in all respects with the specifications
designs, drawings and instructions in writing referred to in clause 16 of the General
Conditions of Contract and with such materials as are provided for, by and in all other
respects in accordance with such conditions so far as applicable.
MEMORANDUM
a) General description of work : Environmental Monitoring of Water
and Sediment Quality parameters in
the back waters of Cochin Port Trust
for a period of 5 years from February
2022.
b) Estimated cost : Rs.34,40,000/-
Nil. However, EMD Declaration as
c) Earnest Money :
per Annexure-2 shall be furnished

25
 d) Security Deposit : 3% of the value of the contract
awarded or the value of the work done
whichever is higher
e) Time allowed for commencement of : 15 days
work from the date of receipt of
work order
f) Time allowed for the work from the :
Five Years
date of commencement of work.
g) Schedule, specifications, conditions, : As per “Contents” sheet attached
drawings etc. as per “Contents”
sheet attached.
I/ We agree to keep the tender open for 120 days from the due date of submission and
not to make any modifications in its terms and conditions
Should this Bid be accepted, I/We hereby agree to abide by and fulfill all the
terms and provisions of the said conditions of contract annexed hereto. I/We further
agree to execute an agreement with the Board in the prescribed form

I/We also here by undertake to the Board in office should I/We withdraw the
offer or revise or go back upon the terms of the Bid; or fail to commence the work
specified in the Memorandum or should I/We not furnish the Performance Security
specified in the above memorandum, otherwise I/We shall be suspended and made
ineligible to participate in CoPT‟s Tenders as envisaged in the EMD Declaration
submitted as per Annexure – 2.

Dated the .........…………............ day of …………………… 2021.

Signature of the Tenderer

Address :

Witness :

Address :

26
Occupation :

ACCEPTANCE

The above tender ( as modified by you as provided in the letters mentioned hereunder)
is accepted by me for and on behalf of the Board of Trustees for a sum of Rs………
………( Rupees ………………………………………………………………………)

The letters referred to below shall form part of this contract Agreement

a) ..
b) ..
c)

Dated………… Chief Engineer

Cochin Port Trust

27
 COCHIN PORT TRUST
4. FORM OF AGREEMENT
AGREEMENT No. … of
.
AGREEMENT FOR THE WORK OF “ENVIRONMENTAL MONITORING
OF WATER AND SEDIMENT QUALITY PARAMETERS IN THE BACK
WATERS OF COCHIN PORT TRUST FOR A PERIOD OF 5 YEARS FROM
FEBRUARY 2022”.
THIS AGREEMENT IS MADE on this day ………… of …………… BETWEEN
THE BOARD OF TRUSTEES OF COCHIN PORT TRUST , a body corporate
under the Major Port Trust Act, 1963 having office on Willingdon Island, Cochin –
682009 represented by its *Chief Engineer/*Deputy Chief Engineer/*Superintending
Engineer Shri.…………………… S/o …………………….. aged ……… years
residing at ……………………. Village …………….. Taluk ………………… District
(hereinafter referred to as the Employer which expression shall include his successors,
assignees and administrators in the office) of the one part and M/s.
…………………..….. represented by Shri. ……..……………. aged …..….. S/o
…………………….. residing at ………………… Village ………………… Taluk
………………. District (hereinafter referred as “Contractors” which expression shall
include their successors, assignees and administrators) of the other part.
WHEREAS the Employer invited tenders for ………………………
……………………………… vide Tender Notice ………………………………. Date
…………… and the Contractor submitted a tender for the same giving rates subject to
the terms and conditions etc. of the tender document.
AND WHEREAS the said tender submitted by the Contractor has been accepted by
the Employer vide work order No …….………………… dated ………………, issued
to the Contractor while accepting their tender.
NOW THESE PRESENTS WITNESSETH and the parties hereby agree as follows.
1. The tender submitted by the Contractor for execution for the Board, of the
work specified in the under written memorandum within the time specified in
such memorandum at the rates specified in the schedule attached hereto and in
accordance in all respects with the specifications, designs, drawings and
instructions in writing referred to in Clause 16 of the “General Conditions of
Contract” and with such materials as are provided for, by and in all other
respects in accordance with such conditions is accepted.
2. It is mutually understood and agreed that, notwithstanding that the works has
been sectioned, every part of it shall be deemed to be supplementary to and
complementary of every other part and shall be read with it or into it.
3. The Contractor agreed to abide by and fulfill all the terms and provisions of
the said Conditions of Contract or in default thereof forfeit and pay to the
Board the sum of money mentioned in the said conditions.

28
 4. The sum of Rs…………../- [Rupees…………………………..only) has been
deposited by the Contractor with Financial Adviser and Chief Accounts
Officer of the Port Trust as Performance Security (a) the full value of which is
to be absolutely forfeited to the Board in office without prejudice to any other
rights or remedies of the said Board in office should the Contractor fail to
commence the work specified in under written memorandum or should the
Contractor not deposit the full amount of security deposit specified in under
written memorandum otherwise the said sum of Rs………../- shall be retained
by the Board as on account of such security deposit as aforesaid or (b) the full
value of which shall be retained by the Board on account of the security
deposit to execute all the works referred to in the tender documents upon the
terms and conditions contained or referred to therein and to carry out such
deviations as may be ordered, upto maximum of the percentage mentioned in
Clause 40.1 of the Conditions of Contract and those in excess of that limit at
the rates to be determined in accordance with the provisions contained in
Clause 40.3 of the Conditions of Contract.
5. It is mutually agreed that the tender submitted in its entirety shall form part of
this agreement. Apart from the tender the following shall also form part of the
Agreement
a) The Letter of Acceptance ;
b) Bill of Quantities and
c) Letters exchanged between the Employer and the Tenderer upto the
issue of Letter of Acceptance as separately listed and annexed here to.
d) Replies to Clarifications / Queries and amendments issued, if any.

MEMORANDUM
a) General description of work : Environmental Monitoring of Water
and Sediment Quality parameters in
the back waters of Cochin Port Trust
for a period of 5 years from February
2022.
b) Estimated Cost : Rs.34,40,000/-
c) Tendered Cost : Rs……………..
d) Earnest Money : Nil.
e) Security Deposit : 3% of the value of the contract
awarded or the value of the work done
whichever is higher
f) Time allowed for commencement of : 15 days
work from the date of receipt of
work order

29
 g) Time allowed for the work from the : Five Years .
date of commencement of work.
h) Schedule, specifications, conditions, : As per “Contents” sheet attached
drawings etc. as per contents sheet
attached.
IN WITNESS WHEREOF THE CONTRACTOR hereunto set his hand and seal on
behalf of M/s……………………………………… and on behalf of the Board of
Trustees of COCHIN PORT TRUST, the *CHIEF ENGINEER / *DEPUTY CHIEF
ENGINEER / *SUPERINTENDING ENGINEER has set his hand and seal and
common seal of Trustees has been hereunto affixed the day and year first written
above.
CONTRACTOR
*(Retain only the authority signing the agreement)
Signed, sealed and delivered
By Shri…………………….
Of M/s………………………
(COMMON SEAL OF THE FIRM)

Signed and affixed seal in the presence of :

1) Signature with address :
2) Signature with address :

Signed, sealed and delivered by the

*CHIEF ENGINEER/*Dy. CHIEF ENGINEER/
*SUPERINTENDING ENGINEER,
Cochin Port Trust
on behalf of Board of
Trustees of Port of Cochin.
EMPLOYER

Signed and affixed the common seal of

Board of Trustees of the Port of Cochin
In the presence of
1)
2)
*(Retain only the authority signing the agreement)

30
 COCHIN PORT TRUST

5. CONTRACT DATA
Items marked “NA” do not apply in this Contract.
Reference
Sl.
Description Clause .No.
No.
in GCC
1 The following documents are also part of the Contract

The Schedule of other Contractors (8.2)

The Schedule of Key personnel : NA (9)

2 The Employer is (1)

The Board of Trustees,
Cochin Port Trust,
Cochin -9
Name of Authorized Representative:
Name :Smt. M.Beena
The Chairperson,
Cochin Port Trust,
Cochin -9
3 The Engineer is
Name :Sri. ParithoshBala,
Chief Engineer,
Cochin Port Trust,
Cochin-9
Name of Nominee /Engineer-in-charge is: Will be notified
in LoA

4 Name of Contract :-“Environmental Monitoring of Water and (1)

Sediment Quality parameters in the back waters of Cochin
Port Trust for a period of 5 years from February 2022”.
Tender No:T12/T-1955/2021-C
5 12copies of Contract Agreement shall be furnished by the [7.1]
Contractor

6 Tender document and other data are available at Cochin Port (7.2)
web site and e –tender portal.
www.cochinport.gov.in
www.tenders.gov.in

31
 Reference
Sl.
Description Clause .No.
No.
in GCC
www.tenderwizard.com/COPT
7 The Intended completion Date for the whole of the Work is (17,28)
Three years (2 years extendable)with the following
milestones:

8 Milestone dates: NA

9 The following shall form part of the Contract Document: (2.3)

(1) Agreement
(2) Letter of Acceptance
(3) Bill of Quantities
(4) Contractor‟s Bid
(5) Correspondence exchanged after the opening of the Bid
and before the issue of Letter of Acceptance by which
the Condition of Contract are amended, varied or
modified in any way by mutual consent (to be
enumerated).
(6) Contract Data
(7) General Conditions of Contract
(8) General Description and Special Conditions of
Contract
(9) Drawings and
(10) Any other documents listed in the Contract Data as
forming part of the Contract.
10 The Contractor shall submit a Program for the Works within (27)
…. days of date of the Letter of Acceptance. NA

11 The site possession date: (21)

The site will be handed over within 7 (Seven)days after
issue of LoA and the site is free from encumbrances. – N/A

12 The start date shall be within 15 days from the date of (1)
receipt of the Letter of Acceptance (LoA) by the Contractor.

13 The site is located in the Back waters of Cochin Port as

shown in Drawing attached.

14 The Defects Liability Period: NA. (35)

15 The minimum insurance cover for physical property, injury (13)

32
 Reference
Sl.
Description Clause .No.
No.
in GCC
and death is Rs.10lakhs (Ten lakhs)per occurrence with the
number of occurrences unlimited. After each occurrence,
Contractor will pay additional premium necessary to make
insurance valid always:

16 The following events shall also be Compensation Events:Nil (44)

17 The period between Programme updates : Nil. (27)

18 The amount to be withheld for late submission of an updated (27)

Programme shall be Nil.

19 The language of the Contract documents is English. (3)

20 The law, which applies to the Contract, is the law of Union of (3)
India.

21 The currency of the Contract is Indian Rupees. (46)

22 The proportion of payments retained (Retention Money) (48)

shall be 5% from each bill subject to a maximum of 5% of
the contract price-NA.

23 The maximum amount of liquidated damages for the whole [49]

of the works is 10% of the contract price.

24 The amounts of the advance payments : NA [51]

The advance payments as applicable to the contract are: NA

25 Repayment of advance payment for mobilization : NA [51]

26 Repayment of advance payment for Construction and [51]

equipment: NA

27 Repayment of secured advance:NA [51]

28 The date by which “as-built” drawings are required is within (58)

90 days of issue of certificate of completion of whole or
section of the work, as the case may be: NA

29 The amount to be withheld for failing to supply “as built” (58)

drawings and/or operating and maintenance manuals by the
date required is NIL.

33
 Reference
Sl.
Description Clause .No.
No.
in GCC
30 Schedule of Rates Applicable:NA

31 Base Rate for materials to be considered for price (47)

variation:NA

32 Permissible wastage on theoretical quantities of (47)

(a) Cement : N/A
(b) Steel Reinforcement and
structural steel
sections for each diameter,
section and category : N/A
(c) Bitumen/Bitumen emulsion : N/A

34
 COCHIN PORT TRUST
6. GENERAL DESCRIPTION OF WORK AND SPECIAL CONDITIONS
OF CONTRACT
32.1 GENERAL DESCRIPTION OF WORK
1.1 General
Environmental Management and Monitoring Plan (EMMP) for Cochin Port
Trust (CoPT) includes monitoring of various environmental attributes and
parameters viz. air quality, stack & noise levels, water quality - ground and
surface, marine/ estuarine water quality, soil, Plankton and Benthic
communities and sediment quality analysis.
As part of EMMP implementation, as per the instructions of Ministry of
Forests and Climate Change while according clearances of various projects,
Port have to monitor the water and sediment quality parameters periodically
and monitoring reports are to be furnished to Ministry /regional Office of the
Ministry at intervals. Towards this CoPT now invites tenders for
“Environmental Monitoring of Water and Sediment Quality parameters in
the back waters of Cochin Port Trust for a period of 5 years from
February 2022” as per the terms and conditions given below:
1.2 Objective:

To monitor the water and sediment quality parameters periodically as

per CPCB/MoEF& CC guidelines, at seven locations identified, once a
month for a period of Five years; and submission of monthly reports and
six monthly consolidated reports.
1.3 Scope of Work:
Water samples and Sediment samples are to be collected at monthly
intervals from seven locations in the back waters around Cochin Port.
Two water samples are to be collected from each location (top and
bottom). The water samples are to be analysed for the following
parameters:
(a) Temperature,
(b) pH,
(c) Salinity ,
(d) Dissolved Oxygen (mg/l),
(e) Ammonia (NH3),
(f) Nitrate (NO3),
(g) Nitrite (NO2),
(h) Nitrogen(N),
(i) Inorganic Phosphate (PO4),
(j) Total Phosphorus(P),
(k) Petroleum Hydrocarbon(PHC)(Oil &Grease),
(l) Turbidity in NTU,
(m) Transparency measurement by Seechi Disc and Gross Production

35
.
Sediment samples are to be analysed for the parameters:
(a) pH,
(b) Cadmium(CD),
(c)Lead(Pb),
(d) Mercury(Hg)

The work involves :

Collection of water and sediment samples from seven identified
locations in the back waters of Cochin Port,W/Island at monthly
intervals with the appropriate instruments, subsequent analysis in
the laboratory approved by CPCB/MoEF& CC/KSPCB and
furnishing of monthly reports and six monthly consolidated
reports thereon, for a period of five years, from the date of
commencement of work. The sample collection and analysis
shall be carried out as per the respective Indian Standards and by
approved scientific methods.

The location sketch is enclosed.

1.4. Methodology:

The Contractor shall bring necessary approved/calibrated

instruments to monitor the water and sediment quality and
monitoring shall be carried out as per CPCB/MoEF guidelines.

1.5. Frequency of Monitoring:

The frequency of water and sediment quality monitoring at each

location shall be once a month.

1.6. Report Submission:

The Contractor shall prepare and submit monthly reports and six
monthly consolidated reports. The report shall include the study area
description, approach and methodology adopted, details of sampling
locations, field data sheets, standard limits and discussion on the results
and interpretations of the results / conclusion. All the results shall be
given in the units as specified in the respective standards. Photographs
shall be taken during the surveys and should be submitted along with the
Report. The report shall be submitted within one month after completion
of sampling. Three hard copies of the report and soft copy in CD
shall be submitted. All the pages of the report should have sign and seal

36
 of the authorised / competent signatory of the contractor‟s
firm/laboratory.

1.7. Time Schedule : The following time schedule shall be adhered to:

Sl. Task/Deliverables Schedule

No.
1 Mobilisation and Within two weeks of receipt
Commencement of Work of Letter of Acceptance
For complete mobilization of all
the equipments including field
personnel required to carry out
the works in all respects.
2. Submission of Monthly Reports Within one month after
completion of field
monitoring (Three hard
copies & One Soft copy in
CD)

3. Submission of Six Monthly Within one month after

Consolidated Reports completion of field
monitoring for six months
(Three hard copies & One
Soft copy in CD)

1.8. Terms of Payment: The terms of payment shall be as follows:

Payment shall be made six monthly, on submission of each six monthly

consolidated analysis report.

1.9. Materials / Facilities To Be Provided By Department

1.9.1. Power

Electric power, required, for the monitoring work shall be arranged by

the contractor at his own cost and shall make necessary payments for it
directly to the department concerned.
.

37
32.2 SPECIAL CONDITIONS OF CONTRACT

2.1 Special Conditions shall be read in conjunction with the General Conditions of
Contract, Specifications, Drawings and any other document forming part of this
Contract wherever the context so requires.
Notwithstanding the sub-division of the documents into these separate section
and volumes every part of each shall be deemed to be supplementary to and
complementary of every other part and shall be read with and into the Contract
so far as it may be practicable to do so.
Where any portion of the General Conditions of Contract is repugnant to or at
variance with any provision of the Special Conditions, the provisions of the
Special Conditions shall be deemed to over-ride the provisions of the General
Conditions of Contract and shall to the extent of such repugnancy of variations,
prevail.
2.2 Contract period :

2.2.1 The contract period for the work of “Environmental Monitoring of

Water and Sediment Quality parameters in the back waters of Cochin
Port Trust for a period of 5 years from February 2022” shall be for a
period of Five years.
2.3 Liquidated Damages
For any delay in submission of Report beyond 30th day of succeeding month
of the field monitoring, Liquidated Damages (LD) will be recovered at the rate
of 0.5% of the quoted amount for each day of delay subject to maximum of
10% contract price, beyond which the contract will automatically stand
cancelled.
For levying LD as per Clause-49 of General Conditions of Contract, the
Employer is not required to have documentary evidence to quantify or prove
the losses suffered by the Employer due to delay in completion of work by the
contractor, as per agreement conditions.
2.4 Insurance of Works

2.4.1 The insurance cover for the loss of or damage to the works, plant, materials
and equipment stated in the clause 13 of GCC shall be as follows:
a) The insurance cover for the works for the time being executed to the
estimated current contract value thereof plus 10(ten) percent thereon to
allow any additional costs and professional fees resulting from the
loss or damage.
b) The constructional plant and other things brought on to the site by the
Contractor to the replacement value of such constructional plant and
other things.

38
2.4.2 It shall be the responsibility of the Contractor to notify the insurer of any
change in the nature and extent of the works and to ensure the adequacy of the
insurance cover at all times in accordance with the provisions of this clause.

2.5 Payments of Salary / Wages and Other Benefits etc. to Contract / Casual
Workers
2.5.1 The Contractors shall make all payments of salary/wages and other benefits
etc. to the contract / casual workers deployed for the work through Bank /
Cheque only.
2.5.2 All the payments to the contractors would be released only on submission of
undertaking to comply with the clause 2.5.1 above.

2.6 MODIFICATIONS TO GCC

The following clauses of General Conditions of Contract (GCC) shall be
replaced and modified as below.
1. DEFINITIONS
Following Definitions stands replaced as:
The Completion Date is the date of completion of the Works as certified
by the Engineer or his Nominee in accordance with Sub Clause 56.1
Market Rate is the rate as decided by the Engineer on the basis of the
cost of materials and labour at the site where the work is to be executed
plus 15% to cover all overheads and profits.
25. SETTLEMENT OF DISPUTES AND ARBITRATION
Clause 25 stands replaced as follows:
The settlement of disputes and arbitration shall be as per clause 25 of
General Conditions of Contracts. However the venue of the arbitration
shall be at Cochin.
25.1 General
Except where otherwise provided in the contract all questions and
disputes relating to the meaning of the specifications, design,
drawings and instructions here-in before mentioned and as to the
quality of workmanship or materials used on the work or as to any
other question, claim, right, matter or thing whatsoever in any way
arising out of or relating to the contract, designs, drawings,
specifications, estimates, instructions, orders or these conditions or
otherwise concerning the works or the execution or failure to
execute the same whether arising during the progress of the work
or after the cancellation, termination, completion or abandonment
thereof shall be dealt with as mentioned hereinafter:-
If the Contractor considers any work demanded of him to be
outside the requirements of the contract, or disputes any drawings,
record or decision given in writing by the Engineer on any matter

39
in connection with or arising out of the contract or carrying out of
the work, to be unacceptable, he shall promptly within 15 days
request the Engineer in writing for written instruction or decision.
Thereupon, the Engineer shall give his written instructions or
decision within a period of one month from the receipt of the
Contractor's letter.
If the Engineer fails to give his instructions or decision in writing
within the aforesaid period or if the Contractor is dissatisfied with
the instructions or decision of the Engineer, the Contractor may,
within 15 days of the receipt of Engineer's decision, appeal to the
Chairman who shall afford an opportunity to the Contractor to be
heard, if the latter so desires, and to offer evidence in support of
his appeal. The Chairman shall give his decision within 30 days of
receipt of Contractor's appeal. If the Contractor is dissatisfied
with this decision then:
a) The Dispute in respect of contract of value upto Rs. 1crore
shall not be referred for adjudication through arbitration and.
b) If the value of the contract is exceeding Rs.1 crore and upto
Rs.5 crores,tThe Dispute shall be resolved through arbitration
by a sole arbitrator appointed by the Chairman of Cochin Port
Trust :
(i) The Contractor shall within a period of 30 days from receipt
of the decision of the Chairman, give notice to the
Chairman for appointment of arbitrator, failing which, the
said decision shall be final, binding and conclusive and not
referable to adjudication by the arbitrator.
(ii) If the arbitrator so appointed is unable or unwilling to act or
resigns his appointment or vacates his office due to any
reason whatsoever another sole arbitrator shall be appointed
in the manner aforesaid. Such person shall be entitled to
proceed with the reference from the stage at which it was
left by his predecessor.
c) If the value of the Contract is above Rs.5 crores, the
Contractor shall within 30 days of receipt of the decision of
the Chairman, appoint an arbitrator and give notice to the
Chairman and the dispute shall be resolved through Arbitral
Tribunal as detailed below:
The Arbitral Tribunal shall be a panel of three arbitrators, one
to be appointed by each Party and the third to be appointed by
the two Arbitrators appointed by the Parties. A Party requiring
Arbitration shall appoint an Arbitrator in writing, inform the
other Party about such appointment and call upon the other
Party to appoint its Arbitrator. If the other Party fails to appoint
its Arbitrator, the Party appointing Arbitrator shall take steps in

40
 accordance with Arbitration and Conciliation Act, 1996 or any
statutory modifications or reenactment thereof
d) In case of the dispute or difference is relating to interpretation
and application of the provisions of commercial contract
between Central Public Sector Enterprises (CPSE), Port Trust
inter se or CPSE and Government Department such disputes
or difference shall be taken up either party for resolution
through Administrative Mechanism for resolution of CPSEs
Disputes (AMRCD) as mentioned in DPE OM No.4(1)/2013-
DPE(GM)/FTS-1835 dated 22-05-2018.
25.2.1 It is a term of this contract that the party invoking arbitration shall
give a list of disputes with amounts claimed in respect of each such
dispute along with the notice for appointment of arbitrator and
giving reference to the rejection by the Chairman of the appeal.
25.2.2 It is also a term of this contract that no person other than person /
persons appointed as aforesaid should act as arbitrator / arbitrators
and if for any reason that is not possible, the matter shall not be
referred to arbitration at all.
25.2.3 It is also a term of this contract that if the Contractor 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 the Engineer that the final bill is ready for
payment, the claim of the Contractor shall be deemed to have been
waived and absolutely barred and the Employer or his authorized
representative shall be discharged and released of all liabilities
under the contract in respect of these claims.
25.2.4 The arbitration shall be conducted in accordance with the
provisions of the Arbitration and Conciliation Act, 1996 (26 of
1996) or any statutory modifications or reenactment thereof and
the rules made there under and for the time being in force shall
apply to the arbitration proceeding under this clause.
25.2.5 It is also a term of this contract that the Arbitrator / Arbitral
Tribunal shall adjudicate only on such disputes as are referred to
him/them and give separate award against each dispute and claim
referred and in all cases where the total amount of the claims by
any party exceeds Rs.1,00,000/- the arbitrator shall give reasons
for the award.
25.2.6 It is also a term of the contract that if any fees are payable to the
arbitrator these shall be paid equally by both the parties.
25.2.7 It is also a term of the contract that the arbitrator/arbitrators shall
be deemed to have entered on the reference on the date he / they
issues notice to both the parties calling them to submit their
statement of claims and counter statement of claims. The venue of
the arbitration shall be at Cochin. The fees, if any, of the arbitrator

41
 shall, if required to be paid before the award is made and
published, be paid half and half by each of the parties. The cost of
the reference and of the award (including the fees, if any, of the
arbitrator) shall be in the discretion of the arbitrator who may
direct to any party by whom and in what manner, such costs or any
part thereof shall be paid and fix or settle the amount of costs to be
so paid.”

26. COMPUTERIZED MEASUREMENT BOOK

6th para stands replaced as follows:
The Contractor shall also submit to the department separately his
computerized Abstract of Cost and the bill based on these measurements,
duly bound, and its pages machine numbered along with three spare
copies of the bill. Thereafter, this bill will be processed by the Division
Office and allotted a number as per the computerized record in the same
way as done for the measurement book meant for measurements

40. PAYMENTS FOR VARIATIONS

Clauses 40.2 and 40.3 stands replaced as follows:
40.2 For items not existing in the Bill of Quantities or substitution to
items in the Bill of Quantities, rate payable should be determined
by methods given below and in the order given below:
i) Rates and prices derived from the rate of similar items in
Contract.
ii) Rates and prices in the Schedule of Rates applicable to the
Contract plus Ruling percentage.
iii) Market rates of materials and labour, hire charges of plant and
machinery used, plus 15% for overheads and profits of
Contractor.
40.3 For items in the Bill of Quantities but where quantities have
increased beyond the variation limits, the rate payable for quantity
in excess of the quantity in the Bill of Quantity plus the permissible
variation shall be as determined by methods given below:
i) Rates and prices in the Schedule of Rates applicable to the
Contract plus Ruling percentage.
ii) Market rates of materials and labour, hire charges of plant and
machinery used plus15% for overheads and profits of
Contractor.
whichever is lower, but not less than the rate in the Bill of
Quantities

42
44. COMPENSATION EVENTS
Clauses44.1 (c) to (e) - Deleted. All other clauses under Clause 44
remains the same.
45. RATES FOR ITEMS TO BE INCLUSIVE OF TAXES
Clause 45 stands replaced as follows:
45.1 The rate quoted by the Contractor shall be inclusive of the cost of
provision of plant and equipment, materials, labour, execution,
supervision, maintenance, overheads and profits and every
incidental and contingent cost and charges whatsoever excluding
Goods and Service Tax (GST). GST as may be applicable from
time to time shall be shown separately in the invoice. The
Employer will perform such duties in regard to the deduction of
such taxes at sources as per applicable law. Any new Taxes, levies,
duties imposed after signing the Contract shall be reimbursed by
the Employer on production of documentary evidence.
45.2 The invoice to be submitted by the Contractor should include the
GST Registration Number of the Contractor as well as the
Employer.

48 RETENTION MONEY
Clause 48.2 stands replaced as follows
48.2 Retention Money is not applicable to this work.
48 & 52 RETENTION MONEY AND SECURITY DEPOSIT
The Clauses 48 and 52 of the General Conditions of Contract related to
the Retention Money and Security Deposit, stands modified to the extent
detailed below:
(i) In all cases, the Performance Guarantee retained till end of Defect
Liability Period shall be 3% of the Contract Value or Cost of Work
Done, whichever is higher.
(ii) Wherever the cost of work done exceeds the contract value,
Additional Security Deposit @ 3% of the excess amount will be
deducted from the respective RA Bills, while making the payment.
(iii) No Retention Money will be recovered from Contractor‟s RA
Bills.
52. SECURITIES
Clauses 52.2 stands replaced as:
52.2 PerformanceSecurity shall be 3% of the Contract value

80. TAXES AND DUTIES

80.1 - Deleted

43
 80.2 - Deleted
80.3 - Income Tax
The Contractor and his staff shall be responsible for payment of all
personal income taxes to the concerned authorities as per the law in
force from time to time. Deduction of Income Tax shall be made
by the Employer from each certificate of payment to the Contractor
at the rate of 2% plus surcharge or such other rates as may be
specified by the Central Government from time to time, on the
gross amount of the Contractor‟s bill for payment.
80.4 The Contractor shall comply with all the GST Regulations, viz.
timely uploading of bills, issue of debit/ credit notes etc.
G. Salient Features of Some Major Laws Applicable To Establishments
Engaged In Construction Work.
Clauses [d] & [l(i)] stands replaced as follows:
(d) Maternity Benefit Act 1961 or Maternity Benefit Amendment Act
2017:- The Acts provides for leave and some other benefits to
workmen/ employees in case of confinement or miscarriage etc.
(l) ESI Act, 1948:-
(i) As per the Govt. Notification dt. 20.7.09, Cochin Port Trust has
registered under the ESI Act with ESI Corporation and
provision of ESI Act, 1948 are applicable to contract/casual
employees drawing wages/Salary uptoRs.20,000/- per month
and working in Cochin Port Trust. Workers covered under ESI
Act are entitled for full medical care for self and family.
besides, cash benefit in the event of sickness, maternity and
employment injury. Accordingly, the contractual/casual
employees drawing wages uptoRs.20,000/- per month
employed either directly by Port Trust or through contractor
are covered under ESI Act, 1948. It is obligatory on the part of
the Employer to calculate and remit ESI contribution
comprising of Employers‟ share of 4.75% plus Employees‟
share of 1.75% which is payable on or before 21st of the
following month, to which the salary relates.

SIGNATURE OF TENDERER

44
 Schedule-II
COCHIN PORT TRUST

7. SCHEDULE OF QUANTITIES

Tender No: T12/T-1955/2021-C

Name of Work:Environmental Monitoring of Water and Sediment Quality

parameters in the back waters of Cochin Port Trust for a period
of 5 years from February 2022

Attached in Price Bid – Schedule II

45
 Annexure-1
COCHIN PORT TRUST
LETTER OF SUBMISSION- COVERING LETTER

(On the Letter Head of the Bidder)

No…………… Date:…………..
To
The Chief Engineer,
Cochin Port Trust.
Sir,
Sub: Tender for“Environmental Monitoring of Water and Sediment Quality
parameters in the back waters of Cochin Port Trust for a period of 5 years
from February 2022” (Tender No.T12/T-1955/2021-C).”-reg.
~~~~~~~

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 bid document and information provided, the undersigned
hereby apply for the project referred above.

We are submitting our Bid enclosing the following, with the details as per the
requirements of the Bid Document, for your evaluation.
(i) EMD Declaration (Annexure-2)
(ii) Power of Attorney (Annexure-3)
We have also uploaded the following documents for online submission of
Technical Bid.
(i) Undertaking regarding EPF & ESI registration. (Annexure-4)
(ii) Details to fulfill the “Minimum Eligibility Criteria” and
certificates(Annexure-5a)
(iii) Details of Past Experience of Contractor for Similar works (Annexure-5b)
(iv) Average Financial Turnover over the last three financial year(Annexure-6)
(v) Declaration (Annexure -7)
(vi) Bankers Details ( Annexure-8)
(vii) Tender Document along with Addenda Nos ----,

We also certify that further Bid related communication, if any, will be sent to the
following e-mail IDs by CoPT.
(i)………………….
(ii)…………………..
(Furnish 2 nos. current active e-mail IDs)

Signature
(Authorized Signatory)

46
 Annexure- 2

Format for Bid Security / Earnest Money Deposit Declaration

(To be submitted on the Bidder’s Letter Head)

I/We…………………………………………………… (Insert Name and

Address of Bidder)am/are submitting this declaration in lieu of Bid Security / Earnest
Money Deposit for the Tender for“Environmental Monitoring of Water and
Sediment Quality parameters in the back waters of Cochin Port Trust for a
period of 5 years from February 2022” (Tender No.T12/T-1955/2021-C), thereby
fully accepting that I/We will be suspended and shall not be eligible to participate in
the Tenders invited by Cochin Port Trust, for a period of Two years from the date of
such Suspension Order, under the following circumstances:

(1) If after the opening of Tender, I/We withdraw or modify my/ during the period
of validity specified in the Bid documents (including extended validity, if any),
or do not accept the correction of the Tender Price pursuant to any arithmetical
errors.
(2) If, after the award of work, I/We fail to furnish the required Performance
Security or sign the Contract, within the time limits specified in the
Departmental Tender Document.

Signature of the Tenderer with seal

47
 Annexure – 3

PROFORMA OF POWER- OF-ATTORNEY/LETTER OF AUTHORITY

(To be submitted on Non-judicial Stamp Paper of appropriate value)

To
TheChief Engineer
Cochin Port Trust,
Cochin 682009.
Kerala, India.
Dear Sir,
We____________________________________________________________________
do hereby confirm that Mr./Ms./Messrs____________________________ [INSERT
NAME AND ADDRESS] , whose signature is given below, is /are authorized to
represent us to bid, negotiate and conclude the agreement on our behalf with you against
Tender for “Environmental Monitoring of Water and Sediment Quality parameters
in the back waters of Cochin Port Trust for a period of 5 years from February
2022” (Tender No.T12/T-1955/2021-C).
We confirm that we shall be bound by all and whatsoever our said agents shall commit.
Signature of the authorized person :
Name & Designation :
Yours faithfully,

Signature, Name and Seal of the Certifying Authority

48
 Annexure - 4

COCHIN PORT TRUST

Environmental Monitoring of Water and Sediment Quality parameters in the
back waters of Cochin Port Trust for a period of 5 years from February 2022

UNDERTAKING REGARDING EPF AND ESI REGISTRATION

I/We, M/s. ………………………………………..(Name & address of the

Tenderer) solemnly affirm and undertake that I/We do not have the required number
of employees for taking registration under EPF Organisation and ESI Corporation.
I/We also undertake that I/We take the full responsibility for all the consequences
arising due to the above and indemnify CoPT officials for any actions taken in this
regard.

SIGNATURE OF TENDERER

49
 Annexure – 5a

COCHIN PORT TRUST

Environmental Monitoring of Water and Sediment Quality parameters in the
back waters of Cochin Port Trust for a period of 5 years from February 2022

Tenderer shall furnish Details of “Eligibility Works Experience” as per Clause 12 of

Minimum Eligible Criteria (MEC) of Instruction to Tenderer and certificates in the
following format (Client Certificates/ Work Completion Certificates or any other
documentary evidences with respect to the eligible assignments)

ELIGIBLE ASSIGNMENT DETAILS FOR MEC

Assignment Number :

Description Bidder to fill up the details here

Name and Address of the Client

Title of the Eligible Assignment

Date of Completion of the Eligible

Assignment

Project Completion Cost

Reference No. of the enclosed Client

Completion Certificate/ Documentary
Evidence for having successfully completed
the Eligible assignment

Name, Telephone No, Telefax no and Email

Address of the Client‟s representative

Description and Scope of Work

Instructions:
i) Bidders are expected to provide information in respect of Eligible Assignments
in this Section. The assignments cited must comply with the criteria specified
Clause No. 12(a) Minimum Eligibility of the Instructions to Tenderers”.
ii) A separate sheet should be filled for each of the eligible assignments.
iii) The details are to be supplemented by documentary proof from the respective
client /owner for having carried out such assignment duly certified by clients/
owner.

50
iv) The works indicated in this Annexure- 5will only be considered for evaluation.
Mere submission of Work Completion Certificate will not be considered towards
Eligible Assignments
v) Original or notary certified copy of Completion Certificates of each work issued
by the owner/ the responsible officers of the owner under whom he has executed
such contracts shall be attached. The certificate shall invariably contain the
following among other things.
a) Details of work involved specifying the nature of work
b) The completion cost of the work and
c) Date of commencement ; and
d) Date of completion of the work.
vi) If the experience in Similar Works is as a member of joint venture, notary
attested copy of joint venture agreement in this respect shall be attached.
vii) If the experience in Similar Works is as a subcontractor, notary attested copy(s)
of approval issued by the Employer(s) authorizing as a sub-contractor; in proof
of the claim of the tenderer as a sub-contractor shall be attached.
viii) If the experience in Similar Work is in works executed in private
sectors/organisations, the TDS certificate along with notary attested copy(s)
work order and completion certificate shall be attached.
ix) The tenderer is also obliged to produce the original of the certified copy(s) on
request by the department.

Signature
(Authorised Signatory)

51
 Annexure – 5b
COCHIN PORT TRUST
Environmental Monitoring of Water and Sediment Quality parameters in the back waters of
Cochin Port Trust for a period of 5 years from February 2022
DETAILS OF PAST EXPERIENCE OF CONTRACTORS FOR SIMILAR WORKS

Owner‟s Duration of Contract

Details of Reference No. &
Complete
work Date of letter of
Sl.Name & address
Value of Commen- Scheduled Actual including intent &
Location including
No. of Project Contract cement completion completion major items completion
TeleFax No.
date date date of work certificate
with contact
involved enclosed
Person

1 2 3 4 5 6 7 8 9

Note: Bidder to enclose Completion Certificate issued by the Owner, in original or its copy, certified by a Notary
Public or equivalent certifying authority.

SIGNATURE OF TENDERER
52
 Annexure-6

COCHIN PORT TRUST

Environmental Monitoring of Water and Sediment Quality parameters
in the back waters of Cochin Port Trust for a period of 5 years from
February 2022

FINANCIAL CAPABLITY
(A) Average Annual Turnover of the Bidder

Turnover (Rs.)
Year 1 Year 2 Year 3 Average

Instructions:

(i). Year 1 will be the Financial Year-2019-20. Year 2 shall be the year
immediately preceding Year 1 and Year 3 shall be the year
immediately preceding Year 2.

(ii). The Bidder shall provide audited Annual Reports / Audited financial
statements such as balance sheets and profit & loss account
statements as required under this Bid Document.

(iii). Annual Turnover of the bidder shall be submitted duly verified by

Charted Accountant or Competent Authority.

Certified by Chartered Accountant

Signature
(Authorized Signatory)

53
 Annexure – 7

COCHIN PORT TRUST

Environmental Monitoring of Water and Sediment Quality parameters
in the back waters of Cochin Port Trust for a period of 5 years from
February 2022

DECLARATION

We M/s.………………………………………………………………...(Name &
address of the bidder) hereby declare that:-

No conditions are incorporated in the Price Bid. In case any conditions are
specified in the Price Bid, the tender will be rejected summarily without
making any further reference to the bidder.

We have not made any payment or illegal gratification to any persons/

authority connected with the bid process so as to influence the bid process and
have not committed any offence under PC Act in connection with the bid.

We disclose with that we have * made / not made payments or propose to be

made to any intermediaries (agents) etc in connection with the bid.

We do hereby confirm that no changes have been made in the tender document
downloaded and submitted by us for the above bid. The Port Tender document
will be treated as authentic tender and if any discrepancy is noticed at any stage
between the Port‟s tender document and the one submitted by the tenderer, the
Port‟s document shall prevail.

SIGNATURE OF TENDERER

* Note: Delete whichever is not applicable.

54
 Annexure -8

FORMAT FOR FURNISHING BANK INFORMATION

FOR e-PAYMENT

1 Name and full address of the

beneficiary

2 Credit Account No.

(Should be full 14 digit)

3 Account Type
(SB or CA or OD)

4 Name of the Bank

5 Branch
(Full address with telephone No.)

6 MICR code
(Should be 9 digit)

7 Telephone/Mobile/Fax No. of the Telephone:

beneficiary
Mobile :

Fax :

8 Cancelled Cheque

Signature of Tenderer with seal

55
 Annexure -9

National Electronic Fund Transfer (NEFT/RTGS) Mandate Form

(Mandate for receiving payments through NEFT/RTGS from COCHIN PORT TRUST)

1 Vendor Name/Beneficiary Name COCHIN PORT TRUST

2 Vendor code
3 Permanent Account Number(PAN) AAALC - 1134F
4 TAN NO CHNC04095A
5 GST NO: 32AAALC1134F1ZZ
6 Particulars of Bnak Account Current Account
A. Name of Bank STATE BANK OF INDIA
B. Name of Branch Cochin Port Trust
C. Branch Code 6367
D. Address Cochin Port Trust , Willingdon Island -682009
E. City Name Cochin
F. Telephone No 2582614
G. NEFT/IFSC Code SBIN0006367
H. SWIFT Code: SBININBB
I. 9.digit MICR code on the Cheque Book. 682002021
J. Type of Account Current Account
K. Account No. 10601197375
5 Vendor Email-id [email protected]
[email protected]
6 Date of effect 01.01.2021
(Please enclose a photocopy of the Cancelled cheque to enable usto verify the details mentioned above)

We hereby declare that the particulars given above are correct and copmlete. If the transaction is delayed or
lost because of incomplete or incorrect information. We would not hold the company responsible.

SD/-
FINANCIAL ADVISER &
CHIEF ACCOUNTS OFFICER
COCHIN PORT TRUST

Bank Certificate

We certify that ____________________has current account No _____________________with us and we

confirm that the details given above are correct as per our records.

Date :
Place: Authorised Official of Bank

56
57
SECTION-II

58
COCHIN PORT TRUST

GENERAL CONDITIONS OF
CONTRACT

JANUARY 2016

0
 GENERAL CONDITIONS OF CONTRACT
TABLE OF CONTENTS
Sl. Description Page
No. No.

A General CC 5

1 Definitions CC 6

2 Interpretation CC7

3 Language and Law CC7

4 Engineer or his nominee‟s Decisions CC7

5 Delegation CC8

6 Communications CC8

7 Contract Agreement CC8

8 Subcontracting CC8

9 Personnel CC 9

10 Employer‟s & Contractor‟s Risks CC 9

11 Employer‟s Risks CC 10

12 Contractor‟s Risks CC 10

13 Insurance CC 10

14 Site Investigation Reports CC11

15 Queries about the Contract Data CC11

16 Contractor to Construct the works CC11

17 The works to be completed by the Indented Completion CC12

Date

18 Approval by the Engineer or his nominee CC12

19 Safety CC13

20 Discoveries CC13

CC 1
Sl. Description Page
No. No.

21 Possession of the Site CC13

22 Access to the Site CC13

23 Instructions CC13

24 Disputes CC13

25 Settlement of Disputes & Arbitration CC13

26 Computerised Measurement Book CC 16

B. Time Control CC 17

27 Program CC 17

28 Revised Program CC 18

29 Extension of the Intended Completion Date CC 18

30 Delays Ordered by the Engineer or his nominee CC 18

31 Management Meetings CC 19

32 Early warning CC 19

33 Force Majeure CC 20

C Quality Control CC 20

34 Identifying Defects CC 20

35 Tests CC 20

36 Defect Liability CC 21

D Cost Control CC 22

37 Bill of Quantities CC 22

38 Changes in the Quantities CC 22

39 Variations CC 24

40 Payments for Variations CC 24

41 Cash Flow Forecasts CC 25

CC 2
Sl. Description Page
No. No.

42 Payment Certificates CC 25

43 Payments CC 25

44 Compensation Events CC 27

45 Rates for items to be inclusive of Taxes CC 29

46 Currencies CC 29

47 Price Adjustment CC 29

48 Retention CC 30

49 Liquidated Damages CC 31

50 Nominated Sub Contractors CC 32

51 Advance Payment CC32

52 Securities CC34

53 Removal of Craft or Plant which has Sunk CC35

54 Cost of Repairs CC35

E Finishing the Contract CC35

55 Completion CC35

56 Taking Over CC36

57 Final Account CC37

58 Submission of „As-built drawings‟ CC38

59 Termination CC38

60 Payment upon Termination CC39

61 Property CC 40

62 Release from Performance CC 40

F Labour Laws and Miscellaneous Clauses CC 40

63 Labour CC 40

CC 3
Sl. Description Page
No. No.

64 Compliance with Labour Regulations CC 40

65 Safety, Security and Protection of Environment CC 41

66 Insurance of Works and Contractor‟s Equipment CC 42

67 War Risks Insurance CC 42

68 Royalties CC 42

69 Transport of Contractor‟s Equipment or Temporary Works CC 43

70 Transport of Materials or Plant CC 43

71 Labour Laws & Regulations CC 43

72 Life Saving Appliances and First Aid CC 47

73 Action in case work not done as per Specifications CC 47

74 Actions where no Specifications are specified CC 48

75 Bribes CC48

76 Details to be Confidential CC48

77 Contractor‟s Temporary works, office etc. CC 49

78 Water Supply CC 49

79 Power Supply CC 49

80 Taxes and Duties CC 50

81 Noise and Disturbance CC 51

82 Safety Code CC 51

83 Port Trust Rules CC 52

84 Execution of Work CC 52

85 Drawings and Designs CC 53

86 Monsoon Period CC 54

87 Reports CC 54

CC 4
Sl. Description Page
No. No.

88 Completion Documents CC 54

89 Changes in Firm‟s Constitution to be intimated CC 55

90 Indemnities CC 56

G Salient features of some major laws applicable to CC 56

establishments engaged in construction work.

CC 5
 GENERAL GUIDELINES

1. This book of “General Conditions of Contract (GCC)“ is applicable to

both types of tenders i.e. “Percentage rate tenders and item rate tenders”.

2. This GCC is applicable to Civil, Electrical and Mechanical works,

except dredging work.

3. All blanks are confined to Contract Data. The blanks provided therein
shall be filled up carefully for each tender as applicable.

4. Authority approving the Notice Inviting Tenders (NIT) shall fill up all
the blanks in Contract Data before issue of tender document.

5. Additional clauses or modifications to the clauses in the GCC, as

applicable specifically to the work shall be incorporated under Special
Conditions of Contract.

*****

CC 6
 GENERAL CONDITIONS OF CONTRACT

A. General
1 Definitions
Terms which are defined in the Contract Data are not also defined in the
Conditions of Contract but keep their defined meanings. Capital initials
are used to identify defined terms.
Bill of Quantities means the priced and completed Bill of Quantities
forming part of the Bid.
Compensation Events are those defined in Clause 44
The Completion Date is the date of completion of the Works as
certified by the Engineer or his nominee in accordance with Sub Clause
55.1
The Contract is the contract between the Employer and the Contractor
to execute, complete and maintain the Works. It consists of the
documents listed in Clause 2.3 below.
The Contract Data defines the documents and other information which
comprise the Contract
The Contractor is a person or corporate body whose Bid to carry out
the Works has been accepted by the Employer.
The Contractor‟s Bid is the completed Bidding documents submitted
by the Contractor to the Employer.
The Contract Price is the price stated in the letter of acceptance and
thereafter as adjusted in accordance with the provisions of the Contract.
Days are calendar days, months are calendar months.
A Defect is any part of the Works not completed in accordance with the
Contract.
The Defects Liability Period is the period named in the Contract Data
and calculated from the Completion Date.
The Employer is the party who will employ the Contractor to carry out
the Works.
Equipment is the Contractor‟s machinery and vehicles brought
temporarily to the Site to construct the Works.
The Initial Contract Price is the Contract Price listed in the Employer‟s
Letter of Acceptance.
The Intended CompletionDate is the date on which it is intended that
the Contractor shall complete the works. The Intended Completion Date
is specified in the Contract Data. The Intended Completion Date may be
revised only by the Engineer or his nominee by issuing an extension of

CC 7
 time.
Market Rate is the rate as decided by the Engineer on the basis of the
cost of materials and labour at the site where the work is to be executed
plus 10% to cover all overheads and profits.
Materials are all supplies, including consumables, used by the
Contractor for incorporation in the Works.
The Engineer or his nominee is the person named in the Contract Data
(or any other competent person appointed and notified to the Contractor
to act in replacement of the Engineer or his nominee) who is responsible
for supervising the Contractor, administering the Contract, certifying
payments due to the Contractor, issuing and valuing Variations to the
Contract, awarding extensions of time and valuing the Compensation
Events.
Plant is any integral part of the Works which is to have mechanical,
electrical, electronic or chemical or biological function.
Ruling Percentage is the percentage by which the tendered amount of
the works actually awarded is higher or lower than the corresponding
estimated amount of the works actually awarded.
The Site is the area defined as such in the Contract Data.
Site Investigation Reports are those which were included in the
Bidding documents and are factual interpretative reports about the
surface and sub-surface conditions at the site.
Specification means the Specification of the Works included in the
Contract and any modification or addition made or approved by the
Engineer or his nominee.
The Start Date is given in the Contract Data. It is the date when the
Contractor shall commence execution of the works. It does not
necessarily coincide with any of the Site Possession Date.
A Sub Contractor is a person or corporate body who has a Contract
with the Contractor to carry out a part of the work in the Contract which
includes work on the Site.
Temporary Works are works designed, constructed, installed and
removed by the Contractor which are needed for construction or
installation of the Works
A Variation is an instruction given by the Engineer or his nominee
which varies the Original Works.
The Works are what the Contract requires the Contractor to construct,
install and turn over to the Employer as defined in the Contract Data.
2. Interpretation
2.1 In interpreting these Conditions of Contract, singular also means
plural, male also means female or neuter and the other way

CC 8
 around. Headings have no significance. Words have their normal
meaning under the language of the Contract unless specifically
defined. The Engineer or his nominee will provide instructions
clarifying queries about the Conditions of Contract.
2.2 If sectional completion is specified in the Contract Data,
references in the Conditions of Contract to the Works, the
Completion Date, and the Intended Completion Date apply to any
Section of the Works (other than references to the Completion
Date and Intended Completion date for the whole of the Works).
2.3 The documents forming the Contract shall be interpreted in the
following order of priority:
(1) Agreement
(2) Letter of Acceptance and notice to proceed with works
(3) Contractor‟s Bid
(4) Contract Data
(5) Conditions of Contract including Special Conditions of
Contract
(6) Specifications
(7) Drawings
(8) Bill of quantities and
(9) Any other documents listed in the Contract Data as
forming part of the Contract.
3 Language and Law
3.1 The language of the Contract and the law governing the Contract
are stated in the Contract Data.
4 Engineer or his nominee‟s Decisions
4.1 Except where otherwise specifically stated, the Engineer or his
nominee will decide contractual matters between the Employer
and the Contractor in the role representing the Employer.
5 Delegation
5.1 The Engineer or his nominee may delegate any of the duties and
responsibilities to other people after notifying the Contractor and
may cancel any delegation after notifying the Contractor.
6 Communications
6.1 Communications between parties which are referred to in the
conditions are effective only when in writing. A notice shall be
effective only when it is delivered (in terms of Indian Contract
Act 1872).

CC 9
7. Contract Agreement
7.1 A suitable form is annexed as “FORM OF AGREEMENT” to the
Tender Document. Upon signing the Contract Agreement, the
Contractor shall make copies of Contract Documents, as
indicated in the Contract Data, in hardbound cover which shall
cover documents used in Contract/Agreement and provide the
same to the Employer at no extra cost.
7.2 Data made available by the Employer in accordance with
provisions of the Condition of Contract shall be deemed to
include data listed elsewhere in the Contract and open for
inspection at the office of the Engineer as indicated in the
Contract data of the Cochin Port Trust (by prior appointment
with the Engineer).
8 Subcontracting
8.1 The Contractor may subcontract with the approval of the
Engineer or his nominee but may not assign the Contract without
the approval of the Employer in writing. Subcontracting does not
alter the Contractor‟s obligations.
Notwithstanding any subcontracting with such approval as
required under above and notwithstanding that the Engineer shall
have received copies of any sub-contract, the Contractor shall be
solely responsible for the quality and proper execution of the
works, performance of all conditions of contract in all respects as
if such subletting had not taken place and as if such work has
been done directly by the Contractor.
If any Sub-Contractor engaged upon the works at the site
executes any work, which in the opinion of the Engineer or his
nominee is not in accordance with the Contract condition, written
notice may be given to the Contractor requesting him to terminate
such sub contract and the Contractor, upon receipt of such notice
shall terminate such sub contract and the said Sub Contractor
shall forthwith leave the works, failing which the Employer shall
have right to remove such Sub Contractors from site. No action
taken by the Employer under this clause shall relieve the
Contractor of any of his liabilities under the contract or give rise
to any compensation, extension of time or otherwise.
8.2 Other Contractors
The Contractor shall co-operate and share the site with other
Contractors, public authorities, utilities and the Employer
between the dates given in the Schedule of other Contractors. The
Contractor shall as referred to in the Contract Data, also provide
facilities and services for them as described in the Schedule. The
Employer may modify the schedule of other Contractors and shall
notify the Contractor of any such modification.

CC 10
9 Personnel
9.1 The Contractor shall employ the key personnel named in the
Schedule of Key Personnel as referred to in the Contract Data to
carry out the functions stated in the Schedule or other personnel
approved by the Engineer or his nominee. The Engineer or his
nominee will approve any proposed replacement of key personnel
only if their qualifications, abilities, and relevant experience are
substantially equal to or better than those of the personnel listed
in the schedule.
9.2 If the Engineer or his nominee asks the Contractor to remove a
person who is a member of the Contractor‟s staff of from his
work force stating the reasons, the Contractor shall ensure that
the person leaves the site within seven days and has no further
connections with the work in the contract.
10 Employer‟s and Contractor‟s Risks
10.1 The Employer carries the risks which this Contract states are
Employer‟s risks and the Contractor carries the risks which this
Contract states are Contractor‟s risks.
11 Employer‟s Risks
11.1 The Employers risks are
(a) loss or damage due to the use or occupation by the
Employer of any Section or part of the Permanent Works,
except as may be provided for in the Contract;
(b) loss or damage to the extent that it is due to the design of
the Works, other than any part of the design provided by
the Contractor or for which the Contractor is responsible;
and
(c) any operation of the forces of nature (in sofar as it occurs
on the Site) which an experienced Contractor:
(i) could not have reasonably foreseen, or
(ii) could reasonably have foreseen, but against which
he could not reasonably have taken at least one of
the following measures:
(A) prevent loss or damage to physical property
from occurring by taking appropriate
measures, or
(B) insure against.
12 Contractor‟s Risks
12.1 All risks of loss of or damage to physical property and of
personal injury and death which arise during and in consequence
of the performance of the Contract other than the excepted risks

CC 11
 are the responsibility of the Contractor.
12.2 Excepted risks are riot (in so far as it is uninsurable) war, invasion,
act of foreign enemies, hostilities (whether war be declared or
not), civil war, rebellion, revolution, insurrection or military
usurped power or a cause solely due to use of occupation by the
Employer of any portion of the work, any operation of the forces
of nature that the Contractor could not have foreseen or
reasonably provided against. (All of such are herein collectively
referred to as the excepted risks).
13 Insurance
13.1 The Contractor shall provide in the joint names of the Employer
and the Contractor, insurance cover from the Start Date to the end
of the Defects Liability Period, in the amounts and deductibles
stated in the Contract Data for the following events which are due
to the Contractors risks.
a) loss of or damage to the Works, Plant and Materials
b) loss of or damage to Equipment;
c) loss of or damage of property (except the Works, Plant,
Materials and Equipment) in connection with the Contract; and
d) personal injury or death.
13.2 Policies and certificates for insurance shall be delivered by the
Contractor to the Engineer or his nominee for approval before the
start date. All such insurances shall provide for compensation to
be payable in the types and proportions of currencies required to
rectify the loss or damage incurred.
13.3 If the Contractor does not provide any of the policies and
certificates required, the Employer may effect the insurance
which the Contractor should have provided and recover the
premiums the Employer has paid from any payments due to the
Contractor or, if no payment is due, the payment of the premiums
shall be a debt due.
13.4 Alterations to the terms of insurance shall not be made without
the approval of the Engineer or his nominee.
13.5 Both parties shall comply with all conditions of the insurance
policies.
14 Site Investigation Reports
14.1 The Contractor, in preparing the Bid, shall rely on the Site
Investigation Report referred to in the Contract Data,
supplemented by any information available to the Bidder.
15 Queries about the Contract Data
15.1 The Engineer or his nominee will clarify queries on the Contract

CC 12
 Data.
16 Contractor to Construct the Works
16.1 The Contractor shall construct and install the works in
accordance with the Specification and Drawings.
16.2 The Contractor shall execute the whole and every part of the
work in the most substantial and workmanlike manner both as
regards materials and otherwise in every respect in strict
accordance with the Specifications. The Contractor shall also
conform exactly, fully and faithfully to the design, drawings and
instructions in writing in respect of the work signed by the
Engineer or his nominee and the Contractor shall be furnished
free of charge one copy of the contract documents together with
specifications, designs, drawings and instructions as are not
included in the Specifications specified in Contract Data or in
any Bureau of Indian Standard or any other published standard or
code or, Schedule of Rates or any other printed publication
referred to elsewhere in the Contract.
16.3 The Contractor shall comply with the provisions of the contract
and with the care and diligence execute and maintain the works
and provide all labour and materials, tools and plants including
for measurements and supervision of all works, structural plans
and other things of temporary or permanent nature required for
such execution and maintenance in so far as the necessity for
providing these, is specified or is reasonably inferred from the
contract. The Contractor shall take full responsibility for
adequacy, suitability and safety of all the works and methods of
construction.
17 The Works to Be Completed by the Intended Completion Date
17.1 The Contractor may commence execution of the works on the
Start Date and shall carry out the works in accordance with the
program submitted by the Contractor as updated with the
approval of the Engineer or his nominee, and complete them by
the Intended Completion Date.
18 Approval by the Engineer or his nominee
18.1 The Contractor shall submit Specifications and Drawings
showing the proposed Temporary Works or Permanent Works, in
the case of Contractor‟s design to the Engineer or his nominee,
who is to approve them if they comply with the specifications and
Drawings.
18.2 The Contractor shall be responsible for design of Temporary
Works.
18.3 The Engineer or his nominee‟s Approval shall not alter the
Contractor‟s responsibility for design of the Temporary Works.

CC 13
 18.4 All Drawings prepared by the Contractor for the execution of the
temporary works, are subject to prior approval by the Engineer or
his nominee before their use.
19 Safety
19.1 The Contractor shall be responsible for the safety of all activities
on the Site.
20 Discoveries
20.1 Anything of historical or other interest or of significant value
unexpectedly discovered on the Site is the property of the
Employer. The Contractor is to notify the Engineer or his
nominee of such discoveries and carry out the Engineer or his
nominee‟s instructions for dealing with them.
21 Possession of the Site
21.1 The Employer shall give possession of all parts of the Site to the
Contractor, free from encumbrances. If possession of a part is not
given by the date stated in the Contract Data the Employer is
deemed to have delayed the start of the relevant activities and this
will be a Compensation Event.
22 Access to the Site
22.1 The Contractor shall allow the Engineer or his nominee and any
person authorised by the Engineer or his nominee access to the
Site or to any place where work in connection with the Contract
is being carried out or is intended to be carried out and to any
place where materials or plant are being manufactured, fabricated
and /or assembled for the works.
23 Instructions
23.1 The Contractor shall carry out all instructions of the Engineer or
his nominee which comply with the applicable laws where the
Site is located.
24 Disputes
24.1 If the Contractor believes that a decision taken by the Engineer or
his nominee was either outside the authority given to the
Engineer or his nominee by the Contract or that the decision was
wrongly taken, the decision shall be referred to the Employer
within 28 days of the notification of the Engineer or his
nominee‟s decision.
25. Settlement of Disputes & Arbitration
Except where otherwise provided in the contract all questions and disputes
relating to the meaning of the specifications, design, drawings and
instructions here-in before mentioned and as to the quality of workmanship
or materials used on the work or as to any other question, claim, right,

CC 14
 matter or thing whatsoever in any way arising out of or relating to the
contract, designs, drawings, specifications, estimates, instructions, orders or
these conditions or otherwise concerning the works or the execution or
failure to execute the same whether arising during the progress of the work
or after the cancellation, termination, completion or abandonment thereof
shall be dealt with as mentioned hereinafter:-
i) If the Contractor considers any work demanded of him to be outside the
requirements of the contract, or disputes any drawings, record or
decision given in writing by the Engineer-in-charge on any matter in
connection with or arising out of the contract or carrying out of the
work, to be unacceptable, he shall promptly within 15 days request the
Engineer in writing for written instruction or decision. Thereupon, the
Engineer shall give his written instructions or decision within a period
of one month from the receipt of the Contractor's letter.
If the Engineer fails to give his instructions or decision in writing
within the aforesaid period or if the Contractor is dissatisfied with the
instructions or decision of the Engineer, the Contractor may, within 15
days of the receipt of Engineer‟s decision, appeal to the Chairman who
shall afford an opportunity to the Contractor to be heard, if the latter so
desires, and to offer evidence in support of his appeal. The Chairman shall
give his decision within 30 days of receipt of Contractor's appeal. If the
Contractor is dissatisfied with this decision, the Contractor shall within a
period of 30 days from receipt of the decision, give notice to the Chairman
for appointment of arbitrator failing which the said decision shall be final,
binding and conclusive and not referable to adjudication by the arbitrator.
ii) Except where the decision has become final, binding and conclusive in
terms of Sub-Para (i) above disputes or difference shall be referred for
adjudication through arbitration by a sole arbitrator appointed by the
Employer or his authorized representative. If the arbitrator so appointed is
unable or unwilling to act or resigns his appointment or vacates his office
due to any reason whatsoever another sole arbitrator shall be appointed in
the manner aforesaid. Such person shall be entitled to proceed with the
reference from the stage at which it was left by his predecessor.
It is a term of this contract that the party invoking arbitration shall
give a list of disputes with amounts claimed in respect of each such dispute
along with the notice for appointment of arbitrator and giving reference to
the rejection by the Chairman of the appeal.
It is also a term of this contract that no person other than a person
appointed by the Employer or his authorized representative as aforesaid
should act as arbitrator and if for any reason that is not possible, the matter
shall not be referred to arbitration at all.
It is also a term of this contract that if the Contractor 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 the Engineer

CC 15
 that the final bill is ready for payment, the claim of the Contractor shall be
deemed to have been waived and absolutely barred and the Employer or his
authorized representative shall be discharged and released of all liabilities
under the contract in respect of these claims.
The arbitration shall be conducted in accordance with the
provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) or
any statutory modifications or reenactment thereof and the rules made
there under and for the time being in force shall apply to the arbitration
proceeding under this clause.
It is also a term of this contract that the arbitrator shall adjudicate
on only such disputes as are referred to him by the appointing authority
and give separate award against each dispute and claim referred to him and
in all cases where the total amount of the claims by any party exceeds
Rs.1,00,000/- the arbitrator shall give reasons for the award.
It is also a term of the contract that if any fees are payable to the
arbitrator these shall be paid equally by both the parties.
It is also a term of the contract that the arbitrator shall be deemed to
have entered on the reference on the date he issues notice to both the
parties calling them to submit their statement of claims and counter
statement of claims. The venue of the arbitration shall be at Cochin. The
fees, if any, of the arbitrator shall, if required to be paid before the award is
made and published, be paid half and half by each of the parties. The cost
of the reference and of the award (including the fees, if any, of the
arbitrator) shall be in the discretion of the arbitrator who may direct to any
party by whom and in what manner, such costs or any part thereof shall be
paid and fix or settle the amount of costs to be so paid.
26. Computerised Measurement Book
Engineer or his nominee shall, except as otherwise provided, ascertain and
determine by measurement, the value of work done in accordance with the
contract.
All measurement of allitems having financial value shall be entered by the
Contractor and compiled in the shape of the Computerised Measurement
Book having pages of A-4size as per the format of the department so that a
complete record is obtained of all the items of works performed under the
Contract.
All such measurements and levels recorded by the Contractor or his
authorized representative from time to time, during the progress of the
work, shall be got checked by the Contractor from the Engineer or his
authorized representative as per interval or program fixed in consultation
with Engineer or his authorized representative. After the necessary
corrections made by the Engineer or his nominee, the measurement sheets
shall be returned to the Contractor for incorporating the corrections and for
resubmission to the Engineer for the dated signatures by the Engineer or his
nominee and the Contractor or their representatives in token of their

CC 16
acceptance.
Whenever bill is due for payment, the Contractor would initially submit
draft computerized measurement sheets and these measurements would be
got checked/test checked from the Engineer- and/or his authorized
representative. The Contractor will, thereafter, incorporate such changes as
may be done during these checks/test checks in his draft computerized
measurements, and submit to the department a computerized measurement
book, duly bound, and with its pages machine numbered. The Engineer
and/or his authorized representative would thereafter check this MB, and
record the necessary certificates for their checks/test checks.
The final, fair, computerized measurement book given by the Contractor,
duly bound, with its pages machine numbered, should be 100% correct, and
no cutting or over-writing in the measurements would thereafter be allowed.
If at all any error is noticed, the Contractor shall have to submit a fresh
computerized MB with its pages duly machine numbered and bound, after
getting the earlier MB cancelled by the department. Thereafter, the MB
shall be taken in the Divisional Office records, and allotted a number as per
the Register of Computerised MBs. This should be done before the
corresponding bill is submitted to the Division Office for payment. The
Contractor shall submit two spare copies of such computerized MB‟s for
the purpose of reference and record by the various officers of the
department.
The Contractor shall also submit to the department separately his
computerized Abstract of Cost and the bill based on these measurements,
duly bound, and its pages machine numbered along with two spare copies
of the bill. Thereafter, this bill will be processed by the Division Office and
allotted a number as per the computerized record in the same way as done
for the measurement book meant for measurements.
The Contractor shall, without extra charge, provide all assistance with every
appliance, labour and other things necessary for measurements and
recording levels.
Except where any general or detailed description of the work expressly
shows to the contrary, measurements shall be taken in accordance with the
procedure set forth in the Specifications notwithstanding any provision in
the relevant Standard Method of measurement or any general or local
custom. In the case of items which are not covered by specifications,
measurements shall be taken in accordance with the relevant standard
method of measurement issued by the Bureau of Indian Standards and if for
any item no such standard is available then a mutually agreed method shall
be followed.
The Contractor shall give not less than seven days' notice to the Engineer or
his authorised representative in charge of the work before covering up or
otherwise placing beyond the reach of measurement any work in order that
the same may be measured and correct dimensions thereof be taken before

CC 17
 the same is covered up or placed beyond the reach of measurement and
shall not cover up and place beyond reach of measurement any work
without consent in writing of the Engineer or his authorised representative
in charge of the work who shall within the aforesaid period of seven days
inspect the work, and if any work shall be covered up or placed beyond the
reach of measurements without such notice having been given or the
Engineer‟s consent being obtained in writing the same shall be uncovered at
the Contractor's expense, or in default thereof no payment or allowance
shall be made for such work or the materials with which the same was
executed.
Engineer or his authorised representative may cause either themselves or
through another officer of the department to check the measurements
recorded jointly or otherwise as aforesaid and all provisions stipulated
herein above shall be applicable to such checking of measurements or
levels.
It is also a term of this Contract that recording of measurements of any item
of work in the measurement book and/or its payment in the interim, on
account or final bill shall not be considered as conclusive evidence as to the
sufficiency of any work or material to which it relates nor shall it relieve the
Contractor from liabilities from any over measurement or defects noticed
till completion of the Defects Liability Period.
B. TIME CONTROL
27. Program
27.1 Within the time stated in the Contract Data the Contractor shall
submit to the Engineer or his nominee for approval a Program
showing the general methods, arrangements, order, and timing for
all the activities in the works along with monthly cash flow
forecast.
27.2 An update of the Program shall be a program showing the actual
progress achieved on each activity and the effect of the progress
achieved on the timing of the remaining work including any
changes to the sequence of the activities.
27.3 The Contractor shall submit to the Engineer on the first day of
each week or such longer period as the Engineer may from time
to time direct, a progress report in an approved form showing
up-to-date total progress, progress achieved against planned
progress, during the previous week and progress forecast for the
following week for all important items in each section or portion
of the Works, in relation with the approved Program.
27.4 The Contractor shall submit to the Engineer or his nominee, for
approval an updated Program at intervals no longer than the
period stated in the Contract Data. If the Contractor does not
submit an updated Program within this period, the Engineer or his
nominee may withhold the amount stated in the Contract Data

CC 18
 from the next payment certificate and continue to withhold this
amount until the next payment after the date on which the
overdue Program has been submitted.
28. Revised Program
28.1 The Engineer or his nominee‟s approval of the Program shall not
alter the Contractor‟s obligations. The Contractor may revise the
Program and submit it to the Engineer or his nominee again at
any time for approval. A revised Program is to show the effect of
Variations and Compensation Events.
29. Extension of the Intended Completion Date
29.1 The Engineer or his nominee shall extend the Intended
Completion Date if a Compensation Event occurs or a Variation
is issued which makes it impossible for Completion to be
achieved by the Intended Completion Date without the
Contractor taking steps to accelerate the remaining work and
which would cause the Contractor to incur additional cost.
29.2 The Engineer or his nominee shall decide whether and by how
much to extend the Intended Completion Date within 21 days of
the Contractor asking the Engineer or his nominee for a decision
upon the effect of a Compensation Event or Variation or any
other events causing delay, beyond the control of the Contractor
and submitting full supporting information. If the Contractor has
failed to give early warning of a delay or has failed to cooperate
in dealing with a delay, the delay by this failure shall not be
considered in assessing the new Intended Completion Date.
29.3 Such Request for extension of time, to be eligible for
consideration, shall be made by Contractor in writing within
fourteen days of the happening of the event causing delay on the
prescribed form. The Contractor may also, if practicable,
indicate in such a request the period for which extension is
desired.
30. Delays Ordered by the Engineer or his nominee
30.1 The Engineer or his nominee may instruct the Contractor to delay
the start or progress of any activity within the Works.
31. Management Meetings
31.1 Either the Engineer or his nominee or the Contractor may require
the other to attend a management meeting. The business of a
management meeting shall be to review the plans for remaining
work and to deal with matters raised in accordance with the early
warning procedure.
31.2 The Engineer or his nominee shall record the business of
management meetings and is to provide copies of his record to

CC 19
 those attending the meeting and to the Employer. The
responsibility of the parties for actions to be taken is to be
decided by the Engineer or his nominee either at the management
meeting or after the management meeting and stated in writing to
all who attended the meeting.
32. Early Warning
32.1 The Contractor is to warn the Engineer or his nominee at the
earliest opportunity of specific likely future events or
circumstances that may adversely affect the quality of the work,
increase the Contract Price or delay the execution of works. The
Engineer or his nominee may require the Contractor to provide an
estimate of the expected effect of the event or circumstance on
the Contract Price and Completion Date. The estimate is to be
provided by the Contractor as soon as reasonably possible.
32.2 The Contractor shall cooperate with the Engineer or his nominee
in making and considering proposals for how the effect of such
an event or circumstance can be avoided or reduced by anyone
involved in the work and in carrying out any resulting instruction
of the Engineer or his nominee.
32.3 The Contractor shall immediately give notice in writing to the
Engineer or his nominee upon happening of any event as detailed
below if the work is delayed by:
i) force majeure, or
ii) abnormally bad weather, or
iii) serious loss or damage by fire, or
iv) civil commotion, local commotion of workmen, strike or lockout,
affecting any of the trades employed on the work, or
v) delay on the part of other Contractors or tradesmen engaged by
Engineer in executing work not forming part of the Contract, or
vi) any other cause which, in the absolute discretion of Engineer, is
beyond the Contractor's control.
33. Force Majeure
"Force Majeure" means an exceptional event or circumstance:
(a) which is beyond a Party's control,
(b) which such Party could not reasonably have provided against before
entering into the Contract,
(c) which, having arisen, such Party could not reasonably have avoided
or overcome, and
(d) which is not substantially attributable to the other Party.

CC 20
 Force Majeure may include, but is not limited to, exceptional events or
circumstances of the kind listed below, so long as conditions (a) to (d)
above are satisfied:
(i) war and hostilities (whether war be declared or not), invasion, act
of foreign enemies;
(ii) rebellion, revolution, insurrection, or military or usurped power, or
civil war;
(iii) ionozing radiations, or contamination by radioactivity from any
nuclear fuel, or from any nuclear waste, from the combustion of
nuclear fuel, radioactive toxic explosive or other hazardous
properties of any explosive nuclear assembly or nuclear component
thereof;
(iv) pressure waves caused by aircraft or other aerial devices travelling
at sonic or supersonic speeds; and
(v) riot, commotion or disorder, unless solely restricted to the
employees of the Contractor or of his Sub Contractors and arising
from the conduct of the Works;
(vi) floods, tornadoes, earthquakes and landslides.
C. QUALITY CONTROL
34. Identify Defects
34.1 The Engineer or his nominee shall check the Contractor‟s work
and notify the Contractor of any Defects that are found. Such
checking shall not affect the Contractor‟s responsibilities. The
Engineer or his nominee may instruct the Contractor to search for
a Defect and to uncover and test any work that the Engineer or
his nominee considers may have a Defect.
35. Tests
35.1 If the Engineer or his nominee instructs the Contractor to carry
out a test not specified in the Specification to check whether any
work has a Defect and if the test shows that it has defect, the
Contractor shall pay for the test and any samples. If there is no
Defect the test shall be a Compensation Event.
36. Defect Liability
36.1 The Engineer or his nominee shall give notice to the Contractor
of any Defects before the end of the Defects Liability Period,
which begins at Completion and is defined in the Contract Data.
The Defects Liability Period shall be extended for as long as
Defects remain to be corrected.
36.2 Every time notice of a Defect is given, the Contractor shall
correct the notified defect within the length of time specified by

CC 21
 the Engineer or his nominee‟s notice. To the intent that the works
shall, at or as soon as practicable after the expiration of the Defects
Liability Period, be delivered to the Employer in the condition
required by the Contract, fair wear and tear excepted, to the
satisfaction of the Engineer, the Contractor shall :
(a) complete the work, if any, outstanding on the date stated in
the Taking-Over Certificate within the date to be intimated
by the Engineer and
(b) execute all such work of amendment, reconstruction, and
remedying defects, shrinkages or other faults as the
Engineer may, during the Defects Liability Period or within
14 days after its expiration, as a result of an inspection
made by or on behalf of the Engineer prior to its expiration,
instruct the Contractor to execute.
36.3 Cost of Remedying Defects
All work referred to in Sub-Clause 36.2 shall be executed by the
Contractor at his own cost if the necessity thereof is, in the opinion
of the Engineer, due to:
(a) The use of materials, Plant or workmanship not in
accordance with the Contract, or
(b) Where the Contractor is responsible for the design of part of
the Permanent Works, any fault in such design, or the
neglect or failure on the part of the Contractor to comply
with any obligation, expressed or implied, on the
Contractor's part under the Contract.
36.4 Defects Liability Certificate
The Contract shall not be considered as completed until a Defects
Liability Certificate shall have been signed by the Engineer and
delivered to the Employer, with a copy to the Contractor, stating
the date on which the Contractor shall have completed his
obligations to execute and complete the Works and remedy any
defects therein to the Engineer's satisfaction. The Defects Liability
Certificate shall be given by the Engineer within 28 days after the
expiration of the Defects Liability Period, or, if different defects
liability periods shall become applicable to different Sections or
parts of the Permanent Works, the expiration of the latest such
period, or as soon thereafter as any works instructed, pursuant to
Clauses 36, have been completed to the satisfaction of the
Engineer.
36.5 Unfulfilled Obligations
Notwithstanding the issue of the Defects Liability Certificate the
Contractor and the Employer shall remain liable for the fulfillment
of any obligation incurred under the provisions of the Contract

CC 22
 prior to the issue of the Defects Liability Certificate which remains
unperformed at the time such Defects Liability Certificate is issued
and, for the purposes of determining the nature and extent of any
such obligation, the Contract shall be deemed to remain in force
between the parties to the Contract.
36.6 Uncorrected Defects.
If the Contractor has not corrected a Defect within the time
specified in the Engineer‟s or his nominee‟s notice the Engineer
or his nominee will assess the cost of having the Defect
corrected, and the Contractor will pay this amount.
D. COST CONTROL
37. Bill of Quantities
37.1 The Bill of Quantities shall contain items for the construction,
supply, installation, testing and commissioning work to be done
by the Contractor.
37.2 The Bill of Quantities is used to calculate the Contract Price. The
Contractor is paid for the quantity of the work done at the rate in
the Bill of Quantities for each item.
38. Changes in the Quantities
38.1 If the final quantity of the work done differs from the quantity in
the Bill of Quantities for the particular item by more than 25 %
provided the change exceeds (+)10% of initial Contract Price, the
Engineer or his nominee shall adjust the rate(s), to allow for the
change.
38.2 The Engineer or his nominee shall not adjust rates for changes in
quantities if thereby the Initial Contract Price is exceeded by
more than 10% except with the prior approval of the Employer.
38.3 If requested by the Engineer or his nominee where the quoted rate
(s) of any item(s) is abnormally high, the Contractor shall provide
the Engineer or his nominee with a detailed cost breakdown of
such rate in the Bill of Quantities.
39. Variations
39.1 The Engineer shall make any Variation of the form, quality or
quantity of the Works or any part thereof that may, in his opinion,
be necessary and for that purpose, or if for any other reason it
shall, in his opinion, be appropriate, he shall have the authority to
instruct the Contractor to do and the Contractor shall do any of
the following:
(a) increase or decrease the quantity of any work included in
the Contract,
(b) omit any such work,

CC 23
 (c) change the character or quality or kind of any such work,
(d) change the levels, lines, position and dimension of any
part of the Works,
(e) execute additional work of any kind necessary for the
completion of the Works,
(f) change any specified sequence or timing of construction of
any part of the Works.
No such Variation shall in any way vitiate or invalidate the
Contract, by the effect, if any, of all such Variations shall be
valued in accordance with Clause 40. Provided that where the
issue of an instruction to vary the works is necessitated by some
default of or breach of contract by the Contractor or for which he
is responsible, any additional cost attributable to such default
shall be borne by the Contractor. All Variations shall be included
in updated Programs produced by the Contractor.
39.2 Instructions for Variations
The Contractor shall not make any such Variation without an
instruction of the Engineer. Provided that no instruction shall be
required for increase or decrease in the quantity of any work
where such increase or decrease is not the result of an instruction
given under this clause, but is the result of the quantities
exceeding or being less than those stated in the Bill of Quantities.
40. Payments for Variations
40.1 Variation permitted shall not exceed (+) 25% in quantity of each
individual item, and (+)10% of the total contract price. Within 14
days of the date of instruction for executing varied work, extra
work or substitution, and before the commencement of such
work, notice shall be given either (a) by the Contractor to the
Employer of his intention to claim extra payment or a varied rate
or price, or (b) by the Employer to the Contractor of his intention
to vary rate or price.
40.2 For items not existing in the Bill of Quantities or substitution to
items in the Bill of Quantities, rate payable should be determined
by methods given below and in the order given below:
i) Rates and prices derived from the rate of similar items in
Contract.
ii) Rates and prices in the Schedule of Rates applicable to the
Contract plus Ruling percentage.
iii) Market rates of materials and labor, hire charges of plant
and machinery used, plus 10% for overheads and profits of
Contractor.

CC 24
 40.3 For items in the Bill of Quantities but where quantities have
increased beyond the variation limits, the rate payable for
quantity in excess of the quantity in the Bill of Quantity plus the
permissible variation shall be as determined by methods given
below:
i) Rates and prices in the Schedule of Rates applicable to the
Contract plus Ruling percentage.
ii) Market rates of material and labor, hire charges of plant
and machinery used plus 10%for overheads and profits
of Contractor.
whichever is lower, but not less than the rate in the Bill of
Quantities
40.4 If there is delay in the Employer and the Contractor coming to an
agreement on the rate of an extra item, rates as proposed by the
Employer shall be payable provisionally till such time as the rates
are finally determined or till date mutually agreed.
40.5 If the Engineer or his nominee decides that the urgency of
varying the work prevent a quotation being given and considers
not delaying the work, no quotation shall be given and the
Variation shall be treated as a Compensation Event.
41. Cash flow forecasts
41.1 When the Program is updated, the Contractor is to provide the
Engineer or his nominee with an updated cash flow forecast.
42. Payment Certificates
42.1 The Contractor shall submit to the Engineer or his nominee
monthly statements of the estimated value of the work completed
less the cumulative amount certified previously.
42.2 The Engineer or his nominee shall check the Contractors‟
monthly statement within 14 days and certify the amount to be
paid to the Contractor after taking into account any credit or debit
for the month in question in respect of materials for the works in
the relevant amounts and under conditions set forth in sub-clause
51.6 of the Contract Data (Secured Advance).
42.3 The value of work executed shall be determined by the Engineer
or his nominee.
42.4 The value of work executed shall comprise the value of the
quantities of the items in the Bill of quantities completed.
42.5 The value of work executed shall include the valuation of
variations and Compensation Events.
42.6 The Engineer or his nominee may exclude any item certified in a
previous certificate or reduce the proportion of any item

CC 25
 previously certified in any certificate in the light of later
information.
43. Payments
43.1 Bills shall be prepared and submitted by the Contractor. Joint
measurements shall be taken continuously and need not be
connected with billing stage. System of 4 copies of
measurements, one each for Contractor, Employer and Engineer
or his nominee, and signed by both Contractor and Engineer or
his nominee shall be followed.
43.2 Payment of Bills for civil works shall be regulated as detailed
hereunder:
43.2.1 Interim Bills shall be paid within 21 days of date of
submission of bills in full shape by the Contractor. 75% of
the bill amount shall be paid within 7 days of submission
of the bill, if on request by the Contractor. Balance amount
of the verified bill shall be paid within 21 days of the
submission of the bill.
43.2.2 Final Bill shall be paid within 3 months as detailed below
on issue of Taking Over Certificate by the Engineer or his
nominee. The Contractor shall submit final Bill within 30
days of issue of Taking Over Certificate. Engineer or his
nominee shall check the bill within 30 days after its receipt
and return the bill to Contractor for corrections, if any.
The Contractor should re-submit the bill with corrections
within 15 days of its return by the Engineer or his
nominee. The re-submitted bill shall be checked and paid
within 30 days of its receipt.
43.3 Payment for Electrical and Mechanical works shall be regulated
as detailed below:
43.3.1 The Contractor shall be entitled upon certificates of the
Engineer or his nominee to payments in accordance with
the following provisions:
1) For supply portion : 75% of the value, as certified by the
Engineer or his nominee, of the materials from time to time
delivered on the site.
Balance 25% after completing the work in all respects,
commissioning and handing over the installation to the
Employer to the satisfaction of the Engineer and his
nominee and his certification.
2) For erection portion :
i) 85% of the value as certified by the Engineer or his
nominee, of the installation portion on completion of the

CC 26
 erection work under contract, for which payments are
claimed.
ii) Balance 15% along with other payments if any, after
completing the work in all respects, commissioning and
taking over the installation by the Employer to the
satisfaction of the Engineer and his nominee and his
certification.
43.3.2 For HT works, the work shall not be considered as
completed until the installation is energized after obtaining
approval certificate from Central Electrical
Authority(CEA) and upon the issuance of taking over
certificate by Engineer or his nominee. The final payment
shall be made only after taking over the installation by the
Employer.

43.4 All the interim payments shall be regarded as payment by way of

advances against final payment only and shall not preclude the
requiring of bad, unsound and imperfect or unskilled work to be
rejected, removed, taken away and reconstructed or re-erected.
Any certificate given by the Engineer or his nominee relating to
the work done or materials delivered forming part of such
payment, may be modified or corrected by any subsequent such
certificate(s) or by the final certificate and shall not by itself be
conclusive evidence that any work or materials to which it relates
is/are in accordance with the contract and specifications. Any
such interim payment, or any part thereof shall not in any respect
conclude, determine or affect in any way powers of the Engineer-
or his nominee-charge under the contract or any of such
payments be treated as final settlement and adjustment of
accounts or in any way vary or affect the contract.
43.5 Pending consideration of extension of date of completion interim
payments shall continue to be made as herein provided, without
prejudice to the right of the department to take action under the
terms of this contract for delay in the completion of work, if the
extension of date of completion is not granted by the competent
authority.
43.6 No further claims shall be made by the Contractor after
submission of the final bill and these shall be deemed to have
been waived and extinguished.
43.7 If an amount certified is increased in a later certificate as a result
of an award by the Arbitrator, the Contractor shall be paid
interest upon the delayed payment as set out in the award. Interest
shall be calculated from the date upon which the increased
amount would have been certified in the absence of dispute.

CC 27
 43.8 Items of the Works for which no rate or price has been entered in
will not be paid for by the Employer and shall be deemed covered
by other rates and prices in the Contract.
43.9 All payments to the Contractor under the contract shall unless
otherwise stated elsewhere be made to the Contractor in Indian
currency through e- payments through designated Bank.
44 Compensation Events
44.1 The following mutually agreed Compensation Events unless they
are caused by the Contractor would be applicable:
(a) The Employer does not give access to a part of the Site by
the Site Possession Date stated in the Contract Data.
(b) The Employer modifies the schedule of other Contractors
in a way which affects the work of the Contractor under
the contract.
(c) The Engineer or his nominee orders a delay or does not
issue drawings, specifications or instructions required for
execution of works on time.
(d) The Engineer or his nominee instructs the Contractor to
uncover or to carry out additional tests upon work which is
then found to have no Defects.
(e) Ground conditions are substantially more adverse than
could reasonably have been assumed before issuance of
Letter of Acceptance from the information issued to
Bidders (including the Site Investigation Reports), from
information available publicly and from a visual
inspection of the site.
(f) The Engineer or his nominee gives an instruction for
dealing with an unforeseen condition, caused by the
Employer, or additional work required for safety.
(g) Other Contractors, public authorities, utilities or the
Employer does not work within the dates and other
constraints stated in the Contract that cause delay or extra
cost to the Contractor.
(h) The effect on the Contractor of any of the Employer‟s
Risks.
(i) Any other Compensation Events listed in the Contract
Data or mentioned in the contract.
Whenever any compensation event occurs, the Contractor will
notify the Employer, within 14 days and provide a forecast cost
of the compensation event.
44.2 If a Compensation Event would cause additional cost or would

CC 28
 prevent the work being completed in the Intended Completion
Date, the Contract Price shall be increased and/or the Intended
Completion Date shall be extended. The Engineer or his nominee
shall decide whether and by how much the Contract Price shall be
increased and whether and by how much the Intended
Completion Date shall be extended.
44.3 As soon as information demonstrating the effect of each
Compensation Event upon the Contractor‟s forecast has been
provided by the Contractor, it is to be assessed by the Engineer or
his nominee and the Contract Price shall be adjusted accordingly.
If the Contractor‟s forecast is deemed unreasonable the Engineer
or his nominee shall adjust the Contract Price based on Engineer
or his nominee‟s own forecast. The Engineer or his nominee will
assume that the Contractor will react competently and promptly
to the event.
45. Rates for items to be inclusive of Taxes
45.1 The rates quoted by the Contractor shall be deemed to be
inclusive of the sales tax and other taxes, but excluding service
tax that the Contractor will have to pay for the performance of
this Contract. The Employer will perform such duties in regard to
the deduction of such taxes at sources as per applicable law. Any
new Taxes, levies, duties imposed after signing the Contract shall
be reimbursed by the Employer on production of documentary
evidence.
Service Tax shall be claimed by the Contractor in the invoice
except for those services which are covered under Negative list of
Services under section 66D of the Finance Act and Mega
Exemption Notification No 25/2012-ST dated 20.06.2012.The
rate of Service Tax shall be as per the provisions of Point of
Taxation Rules, 2011 and value on which service tax to be
applied shall be as per the provisions of Service Tax
(Determination of Valuation Rules),2006. Where the contractor is
an individual, HUF, Partnership firm or Association of Person,
Service Tax shall be claimed under Reverse Charge Mechanism.
46. Currencies
46.1 All payments shall be made in Indian Rupees unless specifically
mentioned.
7. Price Adjustment.
47.1 No price adjustment shall be made for works except for the
provisions under clause 47.1.A herein under and clause 47.2 for
any subsequent change in legislation.
47.1.A For Civil contract works, with intended completion period of
the contract more than 12 months, Price adjustment shall be

CC 29
 made for the variation in price of materials such as cement,
reinforcement steel, structural steel, bitumen and bitumen
emulsion. Compensation for variation in cost of the materials
shall be regulated as described below subject to the condition
that such compensation for variation in prices shall be only for
the work done during the stipulated period of the contract
including such period for which the validity of the contract is
extended.
The rates quoted for the items in the Schedule of Quantities shall
be based on the Base rates of the materials provided in the
Contract Data and these base rates are applicable at the Supplier‟s
local delivery point and shall not include cost of loading to
Contractor‟s vehicle, transporting to work site and unloading and
stacking at work site.
During execution and actual procurement by the Contractor,
increase or decrease in the cost of materials over the Base rate
(which results in an increase or decrease of cost to the Contractor
in carrying out the works) shall form an addition or reduction as
the case may be to or from the contract price and shall be paid to
or allowed by the Contractor accordingly, provided that such
increase or decrease shall relate only to the quantities of material
which the Engineer is satisfied as reasonably required for the
works. While considering the reasonable requirement of the
materials for the work, allowance towards wastage/unusable
cutting bits shall be permitted as provided in the Contract Data.
The prices of materials considered for regulating the payment as
aforesaid shall be the price charged by the suppliers approved by
the Engineer at the supplier‟s local delivery point and this shall
not include the cost of loading to the Contractor‟s vehicle,
transporting to the work site and unloading and stacking at work
site
47.2 Subsequent Legislation
If, after 28 (Twenty eight) days prior to the last date for
submission of tenders for the contract, there occur changes to
any National or State Statute, Ordinance or Decree or other Law
or any regulation or bye law of any local or other duly constituted
authority or introduction of any such state statute, Ordinance,
Decree, Law, regulation or bye law which causes additional or
reduced cost to the Contractor in execution of the contract, such
additional or reduced cost shall, after due consultation with the
Employer and the Contractor be determined by the Engineer or
his nominee and shall be added to or deducted from the contract
price and the Engineer or his nominee shall notify the Contractor
accordingly with a copy to the Employer.

CC 30
48. Retention
48.1 The Employer shall retain from each payment due to the
Contractor the proportion stated in the Contract Data until
Completion of the whole of the Works.
48.2 For civil works, Retention Money shall be deducted at 5% of the
gross amount of the bill from the first Running Account bill
onwards till the recovered sum amounts to 5% of the contract
value or the value of the work done whichever is higher.
Retention money shall be refunded to the Contractor within
14days from the date of payment of final bill.
48.3 No retention money shall be deducted for Electrical and
Mechanical works.
49. Liquidated Damages
49A In case of delay in completion of the contract, liquidated damages
(L.D) may be levied at the rate of half per cent (½%) of the
contract price per week of delay, subject to a maximum of 10 per
cent of the contract price. The amount of Liquidated damages can
be adjusted or set-off against any sum payable to the Contractor.
49A(i) The Employer, if satisfied, that the works can be completed by
the Contractor within a reasonable time after the specified time
for completion, may allow further extension of time at its
discretion with or without the levy of L.D. In the event of
extension granted being with L.D, the Employer will be entitled
without prejudice to any other right or remedy available in that
behalf, to recover from the Contractor as agreed damages
equivalent to half per cent (½%) of the contract value of the
works for each week or part of the week subject to the ceiling
defined in sub-Clause 49 A.
49A(ii)The Employer, if not satisfied that the works can be completed
by the Contractor, and in the event of failure on the part of the
Contractor to complete work within further extension of time
allowed as aforesaid, shall be entitled, without prejudice to any
other right, or remedy available in that behalf, to rescind the
contract.
49A(iii)The Employer, if not satisfied with the progress of the contract
and in the event of failure of the Contractor to recoup the delays
in the mutually agreed time frame, shall be entitled to terminate
the contract.
49A(iv)In the event of such termination of the contract as described in
clauses 49A(ii) or 49A(iii) or both the Employer shall be entitled
to recover L.D. upto ten per cent (10%) of the contract value and
forfeit the security deposit made by the Contractor besides getting
the work completed by other means at the risk and cost of the

CC 31
 Contractor.
49B Reduction of Liquidated Damages
If, before the Time for Completion of the whole of the Works or, if
applicable, any Section, Taking Over Certificate has been issued
for any part of the Works or of a Section, the liquidated damages
for delay in completion of the remainder of the Works or of that
section shall, for any period of delay after the date stated in such
Taking Over Certificate, and in the absence of alternative
provisions in the Contract, be reduced in the proportion which the
value of the part so certified bears to the value of the whole of the
Works or Section, as applicable. The provisions of this Sub-Clause
shall only apply to the rate of liquidated damages and shall not
affect the limit thereof.
50. Nominated Sub Contractors
50.1 All specialists, merchants, tradesmen and others executing any
work or supplying any good, materials, Plant or services for
which provisional Sums are included in the Contract, who may
have been or be nominated or selected or approved by the
Employer or the Engineer, and all persons to whom by virtue of
the provisions of the Contract, the Contractor is required to
subcontract shall, in the execution of such work or the supply of
such goods, materials, Plant or services, be deemed to be Sub
Contractors to the Contractor and are referred to in this Contract
as “Nominated Sub Contractors”.
51. Advance payment
The Employer shall make the following advance payments (as
admissible in the contract data) if requested by the Contractor in
writing:
51.1 Mobilisation Advance shall be paid upto 5% of Contract price,
payable in two equal installments. The first installment shall be
paid after mobilisation has started and next installment shall be
paid after satisfactory utilisation of earlier advance for which, the
Contractor shall furnish proof of the satisfactory utilization of the
amount.
51.2 Construction/ installation equipment Advance shall be paid upto
5% of Contract price, limited to 90% of assessed cost of
machinery. Equipment advance will be paid in two or more
installments. First installment shall be paid after Construction
Equipment has arrived at the site and next installment shall be
paid after satisfactory utilisation of earlier advance (s).
51.3 Mobilisation Advance and Construction Equipment Advance
shall be paid at 14% interest rate and against Bank Guarantee for
Mobilisation Advance and against hypothecation of Construction

CC 32
 Equipment to the Employer.
51.4 Recovery of Mobilisation and Construction Equipment advance
will start when 15% of the work is executed and recovery of total
advance should be completed by the time 80% of the original
Contract work is executed.
51.5 The above advance payments shall be admissible only for the
works where estimated cost put to tender is more than Rs. 5.0
crores.
51.6 Secured Advance
The Engineer or his nominee shall make advance payment in
respect of materials and plant brought to site but not yet
incorporated and installed in the Works in accordance with
conditions stipulated in the Contract Data.
75% of cost of materials and plant brought to site for
incorporation into the works only shall be paid as Secured
Advance. Materials which are of perishable nature should be
adequately insured.
The Contractor, on signing an indenture in the form to be
specified by the Engineer, shall be entitled to be paid during the
progress of the execution of the work upto 75% of the assessed
value of any materials which are in the opinion of the Engineer
nonperishable, non-fragile and noncombustible and are in
accordance with the contract and which have been brought on the
site in connection therewith and are adequately stored and/or
protected against damage by weather or other causes but which
have not at the time of advance been incorporated in the works.
When materials on account of which an advance has been made
under this sub-clause are incorporated in the work the amount of
such advance shall be recovered/deducted from the next payment
made under any of the clause or clauses of this contract.
Such secured advance shall also be payable on other items of
perishable nature, fragile and combustible with the approval of
the Engineer provided the Contractor provides a comprehensive
insurance cover for the full cost of such materials. The decision
of the Engineer shall be final and binding on the Contractor in
this matter. No secured advance, shall however, be paid on high-
risk materials such as ordinary glass, sand, petrol, diesel etc.
52. Securities
52.1 Security Deposit (SD) shall be at 10% of the contract value or
value of the work done whichever is higher and it shall consist of
two parts:
a) Performance Security to be submitted at award of the work

CC 33
 b) Retention Money to be recovered from Running Bills as
detailed in Clause 48 above.
The total amount thus deposited towards SD will be retained as
security for the due and proper fulfillment of the contract and will
not carry any interest. Such deposit shall be forfeited on failure to
perform or non-fulfillment by the Contractor of the terms and
conditions of the contract.
52.2PerformanceSecurity shall be as below:
a) For civil works : 5% of the Contract value
b) For all Electrical and Mechanical works : 10% of the Contract
value
52.3 The Performance Security shall be provided by the Contractor to
the Employer not later than 21 days for domestic bids and 28
days for international bids from the date of letter of acceptance
and shall be furnished in one of the following forms:
i) Banker‟s Cheque/Demand Draft/Pay Order of a
Scheduled Bank.
ii) An irrevocable Bank Guarantee(BG) enforceable and
encashable at Cochin, drawn from any scheduled bank
operating in India as per the proforma.
52.4 The BG furnished towards the Performance Security shall be valid
for a period until a date 30days from the day of expiry of the
defect liability period stipulated as per the terms of the contract.
52.5 Unless performance Security is furnished within the period as
specified in clause 52.3 above or such extension of that period as
may be permitted by the Engineer in writing, the Earnest Money
will be liable to forfeiture and the contract to cancellation.
52.6 Performance Security will be released / refunded to the Contractor
not later than 30 days from the date of completion of Defect
Liability / warranty period of the work.
53. Removal of Craft or Plant which has sunk
The Contractor shall forthwith and with dispatch at his own cost raise
and remove any craft or plant (floating or otherwise) belonging to him
or to any sub-Contractor employed by him (including also any plant
which is held by the Contractor or any sub-Contractor under agreement
for hire or hire-purchase) which may be sunk in the course of the
construction completion or maintenance of the Works or otherwise deal
with the same as the Engineer may direct or until the same shall be
raised and removed, the Contractor shall set all such buoys and display
at night such lights and do all such things for the safety of navigation as
may be required by the Engineer or by Employer. In the event of the

CC 34
 Contractor not carrying out his obligation imposed upon him by this
clause the Employer may provide buoy and light such sunken craft or
plant and raise and remove the same (without prejudice to the right of
the Employer to hold the Contractor liable under General Conditions)
and the Contractor shall refund to the Employer all costs incurred in
connection therewith.
Contractor‟s Temporary Moorings
Should the Contractor need, in connection with implementing the
Works, to provide temporary moorings for his craft he may be allowed
to do so in location and manner approved by the Engineer subject to all
necessary permissions being first obtained by the Contractor from the
authorities concerned. The Contractor shall not lay his temporary
moorings such as to interfere with the port traffic and such moorings
shall be removed if and when required by the Employer.
54. Cost of Repairs
54.1 Loss or damage to the Works or Materials to be incorporated in
the Works between the Start Date and the end of the Defects
Liability period shall be remedied by the Contractor at the
Contractor‟s cost if the loss or damage arises from the
Contractor‟s acts or omissions.
E. FINISHING THE CONTRACT
55. Completion
55.1 After completion of the work, the Contractor will serve a written
notice to the Engineer or his nominee/Employer to this effect.
The Engineer or his nominee/Employer upon receipt of this
notice shall conduct a complete joint survey of the work within 7
days and prepare a defects list jointly. The defects pointed out by
the Engineer or his nominee/ Employer would be rectified by the
Contractor within 14 days and thereafter acceptance report be
signed jointly by the Contractor and the Employer. This joint
acceptance report shall be treated as „Completion Certificate‟.
55.2 Substantial Completion of Parts
If any part of the Permanent Works has been substantially
completed and satisfactorily passed any Tests on Completion
prescribed by the Contract, the Engineer may issue a Taking-Over
Certificate in respect of that part of the Permanent works before
completion of the whole of the Works and, upon the issue of such
Certificate, the Contractor shall be deemed to have undertaken to
complete with due expedition any outstanding work in that part of
the Permanent Works during the Defects Liability Period.
55.3 Surfaces Requiring Reinstatement
Provided that a Taking Over Certificate given in respect of any

CC 35
 Section or part of the Permanent Works before completion of the
whole of the Works shall not be deemed to certify completion of
any ground or surfaces requiring reinstatement, unless such Taking
Over Certificate shall expressly so state.
56. Taking Over
56.1 The Engineer or his nominee shall take over the Site and the
Works withinsevendaysof the Engineer or his nominee issuing a
certificate of Completion.
56.2 Taking Over Certificate
When the whole of the Works have been substantially completed
and have satisfactorily passed any Tests on Completion prescribed
by the Contract, the Contractor may give a notice to that effect to
the Engineer, with a copy to the Employer, accompanied by a
written undertaking to finish with due expedition any outstanding
work during the Defects Liability Period. Such notice and
undertaking shall be deemed to be a request by the Contractor for
the Engineer or his nominee to issue a Taking- over Certificate in
respect of the Works. The Engineer or his nominee shall, within
21 days of the date of delivery of such notice, either issue to the
Contractor, with a copy to the Employer, a Taking- Over
Certificate, stating the date on which, in his opinion, the Works
were substantially completed in accordance with the Contract, or
give instruction in writing to the Contractor specifying all the work
which in the Engineer's opinion, is required to be done by the
Contractor before the issue of such Certificate. The Engineer or
his nominee shall also notify the Contractor of any defects in the
Works affecting substantial completion that may appear after such
instructions and before completion of the Works specified therein.
The Contractor shall be entitled to receive such Taking Over
Certificate within 21 days of completion, to the satisfaction of the
Engineer or his nominee, of the Works so specified and remedying
any defects so notified.
56.3 Taking Over of Sections or Parts
Similarly, in accordance with the procedure set out in above
Clause 55, the Contractor may request and the Engineer or his
nominee shall issue a Taking Over Certificate in respect of :
(a) any Section in respect of which a separate Time for Completion
is provided in the Contract Data , or
(b) any substantial part of the Permanent Works which has been
both completed to the satisfaction of the Engineer and, otherwise
than as provided for in the Contract, occupied or used by the
Employer, or
(c) any part of the Permanent Works which the Employer has

CC 36
 elected to occupy or use prior to completion (where such prior
occupation or use is not provided for in the Contract or has not
been agreed by the Contractor as a temporary measure).
57. Final Account
57.1 The Contractor shall supply to the Engineer or his nominee a
detailed account of the total amount that the Contractor considers
payable under the Contract within 30 days of issue of Taking
Over Certificate and the Engineer or his nominee shall certify any
final payment that is due to the Contractor within 60 days of
receiving the Contractor‟s account if it is correct and complete. If
it is not, the Engineer or his nominee shall issue within 30 days a
schedule that states the scope of the corrections or additions that
are necessary for the correction. If the Final Account is still
unsatisfactory after it has been resubmitted the Engineer or his
nominee shall decide on the amount payable to the Contractor
and issue a payment certificate, within 60 days of receiving the
Contractor‟s revised account.
58. Submission of „As built Drawings‟
58.1 “As built” Drawings are required to be submitted by the
Contractor by the dates stated in the Contract Data. If the
Contractor does not supply the Drawings and/or manuals by the
dates stated in the Contract Data, or they do not receive the
Engineer or his nominee‟s approval, the Engineer or his nominee
shall withhold the amount stated in the Contract Data from
payments due to the Contractor.
59 Termination
59.1 The Employer or the Contractor may terminate the Contract if the
other party causes a fundamental breach of the Contract.
59.2 Fundamental breaches of Contract include, but shall not be
limited to the following:
(a) the Contractor stops work for 28 days when no stoppage
of work is shown on the current Program and the stoppage
has not been authorised by the Engineer or his nominee:
(b) the Engineer or his nominee instructs the Contractor to
delay the progress of the Works and the instruction is not
withdrawn within 28 days.
(c) the Employer or the Contractor becomes bankrupt or goes
into liquidation other than for a reconstruction restructure
or amalgamation.
(d) a payment certified by the Engineer or his nominee is not
paid by the Employer to the Contractor within 50 days of
the date of the Engineer or his nominee‟s certificate:

CC 37
 (e) the Engineer or his nominee gives Notice that failure to
correct a particular Defect is a fundamental breach of
Contract and the Contractor fails to correct it within a
reasonable period of time determined by the Engineer or
his nominee.
(f) the Contractor does not maintain a security which is
required.
(g) the Contractor has delayed the completion of works by the
number of days for which the maximum amount of
liquidated damages can be paid as defined in the Contract
data and
(h) if the Contractor, in the judgment of the Employer has
engaged in corrupt or fraudulent practices in competing
for or in the executing the Contract.
(i) the Contractor threatens or misbehaves with or physical
attack on any of the employee / officer of the Port
For the purpose of this paragraph: “ corrupt practice” means the
offering, giving, receiving or soliciting of any thing of value to
influence the action of a public official in the procurement
process or in contract execution. “Fraudulent practice” means a
misrepresentation of facts in order to influence a procurement
process or the execution of a contract to the detriment of the
Employer, and includes collusive practice. Bidders (prior to or
after bid submission) designed to establish bid prices at artificial
non-competitive levels and to deprive the Employer of the
benefits of free and open competition.”
59.3 When either party to the Contract gives notice of a breach of
contract to the Employer for a cause other than those listed under
Sub Clause 59.2 above, the Employershall decide whether the
breach is fundamental or not.
59.4 Notwithstanding the above, the Employer may terminate the
Contract for convenience subject to payment of compensation to
the Contractor including loss of profit on uncompleted works.
Loss of profit shall be calculated on the same basis as adopted for
calculation of extra/additional items.
59.5 If the Contract is terminated the Contractor shall stop work
immediately, make the Site safe and secure and leave the Site as
soon as reasonably possible.
60. Payment upon Termination
60.1 If the Contract is terminated because of a fundamental breach of
Contract by the Contractor, the Engineer or his nominee shall
issue a certificate for the value of the work done less advance
payments received upto the date of the issue of the certificate,

CC 38
 less other recoveries due in terms of the contract, less taxes due to
be deducted at source as per applicable law and less any extra
cost of completing the Works through other means which may be
incurred by the Employer. If the total amount due to the
Employer exceeds any payment due to the Contractor, the
difference shall be a debt payable to the Employer.
60.2 If the Contract is terminated at the Employer‟s convenience or
because of a fundamental breach of Contract by the Employer,
the Engineer or his nominee shall issue a certificate for the value
of the work done, the reasonable cost of removal of Equipment
repatriation of the Contractor‟s personnel employed solely on the
Works, and the Contractor‟s costs of protecting and securing the
Works and loss of profit on uncompleted works less advance
payments received up to the date of the certificate, less other
recoveries due in terms of the contract and less taxes due to be
deducted at source as per applicable law.
61. Property
61.1 All materials on the Site, Plant, Equipment, Temporary Works
and Works for which payment has been made to the Contractor
by the Employer, are deemed to be the property of the Employer,
if the Contract is terminated because of a Contractor‟s default.
62. Release from Performance
62.1 If the Contract is frustrated by the outbreak of war or by other
event entirely outside the control of either the Employer or the
Contractor, the Engineer or his nominee shall certify that the
Contract has been frustrated. The Contractor shall leave the Site
and stop work as quickly as possible after receiving this
certificate and shall be paid for all work carried out before
receiving it and for any work carried out afterwards to which
commitment was made.
F. LABOUR LAWS AND MISCELLANEOUS CLAUSES
63. Labour
63.1 The Contractor shall, unless otherwise provided in the Contract,
make his own arrangements for the engagement of all staff and
labour, local or other, and for their payment, housing, feeding and
transport.
63.2 The Contractor shall, if required by the Engineer or his nominee,
deliver to the Engineer or his nominee a return in detail, in such
form and at such intervals as the Engineer or his nominee may
prescribe, showing the staff and the numbers of the several
classes of labour from time to time employed by the Contractor
on the Site and such other information as the Engineer or his
nominee may require.

CC 39
64. Compliance with labour regulations.
64.1 During continuance of the contract, the Contractor and his sub
Contractors shall abide at all times by all existing labour
enactment and rules made there under, regulations, notifications
and bye laws of the State or Central Government or local
authority and any other labour law (including rules) regulations,
bye laws that may be passed or notification that may be issued
under any labour law in future either by the State or Central
Government or the local authority. Salient features of some of
the major labour laws that are applicable to construction industry
are given below. The Contractor shall keep the Employer
indemnified in case any action is taken against the Employer by
the competent authority on account of contravention of any of the
provisions of any Act or rules made there under, regulations or
notifications including amendments. If the Employer is caused to
pay or reimburse such amounts as may be necessary to cause or
observe, or for non-observance of the provisions stipulated in the
notifications/ bye laws/ Acts/ Rules/ regulations including
amendments, if any, on the part of the Contractor the Engineer or
his nominee/Employer shall have the right to deduct any money
due to the Contractor including his amount of performance
security. The Employer/Engineer or his nominee shall also have
right to recover from the Contractor any sum required or
estimated to be required for making good the loss or damage
suffered by the Employer.
64.2 The employees of the Contractor and the Sub-Contractor in no
case shall be treated as the employees of the Employer at any
point of time.
65. Safety, Security and Protection of the Environment.
65.1 Subject and without prejudice to any other provision of the
Contract, the Contractor shall take all reasonable precautions:
a) In connection with the sea or any harbours, docks, rivers, streams
waterways drains, watercourses, lakes, reservoirs and the like to
prevent:
(i) Silting
(ii) Erosion of their beds or balks
(iii) Pollution of the water so as to affect adversely the quality
or appearance thereof or cause injury or death to animal
and plant life.
b) In connection with underground water resources (including
percolating water) to prevent
(i) Any interference with the supply to or abstraction from
such sources

CC 40
 (ii) Pollution of the water so as to affect adversely the quality
thereof.
(c) All works shall be carried out without unreasonable noise and
disturbance. The Contractor shall indemnify the Employer from
and against any liability for damages on account of noise or other
disturbance created while or in carrying out the work and from
and against all claims, demands, proceedings, damages, costs,
charges and expenses whatsoever in regard or in relation to such
liability.
(d) The Contractor at his own cost shall make such provisions for
lighting of Works, Temporary Works, Materials and Plant and
shall provide all such marks and lights as may be required by the
Employer or the Engineer or any other authority having
jurisdiction over the Site together with all labour stores and
services required for their efficient working and use at any time,
day or night.
(e) The Contractor shall also provide at his own cost every
description of watching and maintenance required in connection
with the foregoing, and all other services for protecting and
securing all places dangerous whether to Contractor's workmen
or to other persons until the Works are handed over to the
Employer, or till such time when the Engineer decides that such
services are no longer required.
(f) All lights provided by the Contractor shall be placed or screened
such as not to interfere with any navigation lights or with any
traffic or signal lights of any local or other authority.
66. Insurance of Works and Contractor‟s Equipment
66.1 The Insurance shall be issued by any Insurance Company from its
Branch at Cochin which has been determined by the Contractor
to be acceptable to the Employer.
67. War Risks Insurance
67.1 If the Contractor receives instructions from the Employer to
insure against war risks, such insurance if normally available
shall be effected, at the cost of the Employer, with the Insurance
Company acceptable to the Employer and shall be in the joint
names of the Employer and the Contractor.
68. Royalties
Except where otherwise stated, the Contractor shall pay all
tonnage and other royalties, rent and other payments or compensation. If
any, for getting stone, sand, gravel, clay or other materials by him and
his subordinates and his subcontractors and required for the works, at
the rates and such conditions as notified by the State Government and
shall be realized from the Contractor by way of deductions from the

CC 41
 interim certificates and/or final certificate for payments to the Contractor
for the gross quantity of material used for or in connection with the
work. The royalty will not be deducted if the Contractor submits the
Mineral Dispatch Permit (MDP) for the quantity executed by the
Contractor for the requisite quantity of material incorporated in works
for which MDPB issued.
69. Transport of Contractor‟s Equipment or Temporary Works
69.1 If it is found necessary for the Contractor to move one or more
loads of heavy constructional plant or equipment materials or pre-
constructed units or parts of units of work over roads, highways
or bridges on which such oversized and overweight items are not
normally allowed to be moved, the Contractor shall obtain prior
permission from the concerned authorities. Payments for
complying with the requirements, if any, for protection of or
strengthening of the roads, highways or bridges shall be deemed
to be included in his contract price.
70. Transport of Materials or Plant
70.1 The Contractor shall save harmless and indemnify the Employer
in respect of all claims, proceedings, damages, costs, charges and
expenses whatsoever arising out of or in relation to any claim
made by the concerned authorities in respect of damage or injury
to roads, highways or bridges. In case of failure of the Contractor
to settle such claims and in case the Employer is held responsible
for payment to the authorities, then the Employer shall settle the
claim and the Employer‟s expenses in this regard, as certified by
the Engineer, may be deducted by the Employer from any money
due or to become due to the Contractor and the Engineer shall
notify the Contractor accordingly with a copy to the Employer.
71. Labour Laws & Regulations
The Contractor shall at all times during the continuance of the Contract
comply fully with all existing Acts, regulations and bye-laws including
all statutory amendments and re-enactment of State or Central Govt. and
other local authorities and any other enactments and act that may be
passed in future either by the State or the Central Govt. or local
authority, including Indian Workmen‟s Compensation Act, Contract
Labour (Regulation And Abolition) Act 1970 and Equal Remuneration
Act 1976, Employees‟ State Insurance Act, 1948, Factories Act,
Minimum Wages Act, Provident Fund Regulations. Employees‟
Provident Fund Act and schemes made under the same Act, Health and
Sanitary Arrangements for Workmen, Insurance and other benefits and
shall keep the Employer indemnified in case any action is commenced
for contravention by the Contractor. If the Employer is caused to pay or
reimburse any amounts as may be necessary to cause or observe, or for
non-observance of the provisions stipulated here-forth on the part of the

CC 42
Contractor, the Engineer shall have the right to recover from the
Contractor any sum required estimated to be required for making good
the loss or damage suffered by the Employer. The Contract shall
maintain the records prescribed under ESI Regulations & EPF scheme
and make the contribution towards ESI and EPF in respect of persons
employed by Contractor. The Contractor shall also make available such
records for inspection by ESI Inspector and EPF organization during the
inspection and furnish copies of all such records to the Employer
regularly.
71.1. Accident Prevention Officer
The Contractor shall have on his staff on site an officer dealing
with all matters regarding safety and protection against, accidents
of all staff and labour. This officer shall be qualified for this work
and shall have the authority to issue instructions and shall take
protective measures to prevent accidents.
71.2 Disorderly Conduct
The Contractor shall at all times take all reasonable precautions
to prevent any unlawful, riotous or disorderly conduct by or
amongst his staff and labour and for the preservation of peace and
protection of Persons and property in the neighborhood of the
Works from the same.
71.3 Health and Safety
Due precautions shall be taken by the Contractor, and at his own
cost, to ensure the safety of his staff and labour and, in
collaboration with and to the requirements of the local health
authorities, to ensure that medical staff, first aid equipment and
stores, sick bay and suitable ambulance services are available at
the camps, housing and on the site at all times throughout the
period of the Contract and that suitable arrangements are made
for the prevention of epidemics and for all necessary welfare and
hygiene requirements.
71.4 Supply of Water
The Contractor shall, so far as is reasonably practicable, having
regard to local conditions provide on the Site, to the satisfaction
of the Engineer‟s Representative, an adequate supply of drinking
and other water for the use of the Contractor‟s staff and work
people.
71.5 Alcoholic Liquor or Drugs
The Contractor shall not import, sell, give, barter or otherwise
dispose of any alcoholic liquor, or drugs or permit or suffer any
such importation, sale, gift, barter disposal by his sub-contract
agents or employees.

CC 43
71.6 Arms and Ammunition
The Contractor shall not give, barter or otherwise dispose of to
any persons or person, any arms or ammunition of any kind or
permit or suffer the same as aforesaid.
71.7 Festivals and Religious Customs
The Contractor shall in all dealings with labour in his
employment have due regard to all recognised festivals, days of
rest and religious or other customs.
71.8 Epidemics
In the event of any outbreak of illness of an epidemic nature, the
Contractor shall comply with and carry out such regulations,
orders and requirements as may be made by the Government, or
the local medical or sanitary authorities for the purpose of dealing
with and overcoming the same.
71.9 Employment of Person in the Service of Others
The Contractor shall not recruit or attempt to recruit his staff and
labour from amongst persons in the service of the Employer or
other agencies engaged for any works of the Employer.
71.10 Housing for Labour
Save in so far as the Contract otherwise provides, the Contractor
shall provide and maintain such accommodation and amenities as
he may consider necessary for all his staff and labour employed
for the purposes of or in connection with the Contract, including
all fencing water supply (both for drinking and other purposes),
electricity supply, sanitation, cook houses fire prevention and
fire-fighting equipment, furniture other requirements in
connection with such accommodation or amenities. On
completion of the Contract, unless otherwise agreed with the
Employer, the temporary camps/housing provided by the
Contractor, shall be removed and the site reinstated to its original
condition, all to the approval of the Engineer. The land for
construction of labour camps shall be allotted only outside the
security area to the extent available and such areas allotted as per
the prevailing lease rent.
71.11 Fair Wages, Records, Inspection
The Contractor shall pay the labourers engaged by him on the
work not less than a fair wage which expression shall mean
whether for time or piecework the respective rates of wages as
notified under the provisions of the Minimum Wages Act from
time to time.
The Contractor shall maintain records of Wages and other
remuneration paid to his employee in such form as may be

CC 44
 convenient and to the requirements of the Employer/Engineer and
the Labour Enforcement Officer (Central), Ministry of Labour,
Govt. of India, or such other authorized person appointed by the
Central Govt. The Contractor shall allow inspection of the
aforesaid Wage Records and Wage Slips to the Engineer and to
any of his workers or to his agent at a convenient time and place
after due notice is received, or to any other person authorized by
him on his behalf.
71.12 Reporting of Accidents
The Contractor shall report to the Engineer details of any
accident as soon as possible after its occurrence. In the case of
any fatality or serious accident, the Contractor shall, in addition,
notify the local police authorities immediately by the available
means.
71.13 Observance by Sub-Contractors
The Contractor shall be responsible for observance by his sub-
Contractors of the foregoing provisions.
71.14 Port Entry Permission
The Contractor shall submit prior application for Port entry
passes to the concerned Port authority for his labours and the
staffs engaged in the works.
The Contractor shall retain the original passes obtained by them
in respect of their labour and staff engaged in the Works and
produce the same to the Engineer as and when called for. It
should not be either destroyed or allowed to be taken by the
labour/staff after its use.
71.15 Site - Protected Area
The Site of Work is a protected area. Entry to the Port premises is
regulated by entry passes. These passes will be issued by the
Central Industrial Security Force or any other authority
authorized by the Employer. The Contractor should furnish a list
of person for whom the passes are to be issued to the Engineer
and arrange to obtain the passes from the appropriate authority,
based on the recommendation of the Engineer and abide by the
Rules of the Cochin Port Trustwith regard to entry etc. For the
entry of trucks and other vehicles also, the Contractor should
obtain necessary permits at his own cost .
The Contractor shall retain the original passes obtained by them
in respect of their labour and staffs engaged in the Works and
produce the same to the Engineer as and when called for. It
should not be either destroyed or allowed to be taken by the
labour/staff after its use.

CC 45
72. Life Saving Appliances and First Aid
72.1 The Contractor shall provide and maintain upon the Works
sufficient proper and efficient life saving appliances and first aid
equipment to the approval of the Engineer. The appliances and
equipment shall be available for use at all times.
73. Action in case Work not done as per Specifications
All works under or in course of execution or executed in pursuance of
the contract shall at all times be open and accessible to the inspection
and supervision of the Engineer or his authorised subordinates in charge
of the work and all the superior officers, officer of the Quality Control
Organisation of the Department, Vigilance Commissions, and the
Contractor shall, at all times, during the usual working hours and at all
other times at which reasonable notice of the visit of such officers has
been given to the Contractor, either himself be present to receive orders
and instructions or have a responsible agent duly accredited in writing,
present for that purpose. Orders given to the Contractor's agent shall be
considered to have the same force as if they had been given to the
Contractor himself.
If it shall appear to the Engineer or his nominee or his authorised
subordinates in charge of the work or to the Chief Vigilance
Commissioner or his subordinate officers, that any work has been
executed with unsound, imperfect, or unskillful workmanship, or with
materials or articles provided by him for the execution of the work
which are unsound or of a quality inferior to that contracted or
otherwise not in accordance with the contract the Contractor shall, on
demand in writing which shall be made within twelve months of the
completion of the work from the Engineer or his nominee specifying the
work, materials or articles complained of notwithstanding that the same
may have been passed, certified and paid for forthwith rectify, or
remove and reconstruct the work so specified in whole or in part, as the
case may require or as the case may be, remove the materials or articles
so specified and provide other proper and suitable materials or articles
at his own charge and cost. In the event of the failing to do so within a
period specified by the Engineer or his nominee in his demand
aforesaid, then the Contractor shall be liable to pay compensation at the
same rate as under Clause 49 of the contract (for non-completion of the
work in time) for this default.
In such case the Engineer or his nominee may not accept the item of
work at the rates applicable under the contract but may accept such
items at reduced rates as the competent authority may consider
reasonable during the preparation of on account bills or final bill if the
item is so acceptable without detriment to the safety and utility of the
item and the structure or he may reject the work outright without any
payment and/or get it and other connected and incidental items rectified,
or removed and re-executed at the risk and cost of the Contractor.

CC 46
 Decision of the Engineer or his nominee to be conveyed in writing in
respect of the same will be final and binding on the Contractor.
74. Action where no Specifications are specified
In the case of any class of work for which there are no such
specifications as referred to in Clause 16, such work shall be carried out
in accordance with the Bureau of Indian Standards Specifications. In
case there is no such specification in Bureau of Indian Standards, the
work shall be carried out as per manufacturers‟ specifications. In case
there are no such specifications as required above, the work shall be
carried out in all respects in accordance with the instructions and
requirements of the Engineer or his nominee.
75. Bribes
75.1 If the Contractor, or any of his Sub Contractors, agents or
servants gives or offers to give to any person any bribe, gift,
gratification or commission as an inducement or reward for doing
or forbearing to do any action in relation to the Contract or any
other contract with the Employer, or for showing or forbearing to
show favour or disfavor to any person in relation to the Contract
or to any other contract with the Employer, then the Employer
may enter upon the Site and the works and terminate the
employment of the Contractor and the provisions of Clause 59
hereof shall apply as if such entry and termination had been made
pursuant to that Clause.
(i) The bidders shall give an undertaking that they have not made
any payment or illegal gratification to any person/authority
connected with the bid process so as to influence the bid process
and have not committed any offence under the Prevention of
Corruption Act in connection with the bid.
(ii) The bidders shall disclose any payments made or proposed to be
made to any intermediaries (agents etc) in connection with the
bid.
76. Details to be Confidential
76.1 The Contractor shall treat the details of the contract as private and
confidential, save insofar as may be necessary for the purposes
thereof, and shall not publish or disclose the same or any
particulars thereof in any trade or technical paper of elsewhere
without the previous consent in writing of the Employer. If any
dispute arises as to the necessity of any publication or disclosure
for the purpose of the Contract the same shall be referred to the
decision of the Employer whose award shall be final.

CC 47
77. Contractor‟s Temporary works, office etc
77.1 The Contractor shall submit to the Engineer for his approval not
less than 15 days before commencement of erection of any part of
Temporary Works, drawings and detailed proposals for the
method of construction of Temporary works such as office, store,
false work and temporary platforms, pre-casting yard, workshop,
etc. which he intends to construct for the execution of the
contract and no such work shall be constructed before obtaining
the written approval of Engineer or his nominee. These
temporary works, office, store etc. shall be erected at or near the
work area subject to approval of the Employer and the land space
for the same will be allotted free of ground rent to the extent
available. The Contractor shall obtain permission for any
Temporary Works and would ensure that during execution of
works the statutory requirements of the concerned authorities
such as Cochin Port Trust, Police, Customs, etc. would be
complied with.
77.2 Submission of Reports, Returns etc
All reports, statements, returns, drawings, diagrams etc. which
the Contractor is required to submit to the Engineer during the
progress of the Works, shall be furnished in triplicate without any
additional cost.
78. Water Supply
78.1 Water required for the construction works including curing work
shall be arranged by the Contractor on his own at his cost.
79. Power Supply
79.1 The Electricity connection for lighting, welding and other
mechanical works to the extent available will be made available
by the Employer within the Port area. Drawing of power
lines/cables etc. from the available source of supply of power to
the actual work site, providing switches and making connections
etc. shall be arranged by the Contractor at his cost. The
temporary lines and connections by the Contractor shall be
approved by the Engineer's representative before availing power.
The Contractor shall provide Energy Meter to read consumption
in units.
79.2 The Contractor shall indicate his requirement of power to the
Engineer within 15 days from the date of the letter of acceptance
of the tender. The Contractor shall pay to the Employer, the
power charges as per the prevailing Tariff schedule of Cochin
Port Trust in force during the work of the Contractor. The
Contractor shall also pay the connection and disconnection
charges as applicable.

CC 48
 79.3 The Contractor shall submit a complete drawing of the power
points, wiring, diagram indicating all electrical loads, earthing
etc. in complete shape along with the completion report. The
Energy Meter provided is calibrated by Kerala State Electrical
Inspectorate /TMR division, KSEB and such a Certificate to be
produced. For non supply of power at any stage port will not be
responsible and the Contractor shall not have any claim whatever
for loss or damage.
79.4 If there is any disruption in the power supply due to supply
failure/restrictions imposed by the Kerala State Electricity Board,
the department shall not be held responsible and the Contractor
has to make suitable alternative arrangements like generator,
welding set etc. at their cost.
80. Taxes and Duties
80.1 The Contractor shall pay Sales Tax, Excise Duty and other levies
as applicable from time to time in respect of all materials,
equipment and other items purchased for the work.
80.2 Sales / Turnover Tax on Works Contract
Deduction of Sales/Turnover tax on works Contract shall be
made by the Employer from each certificate of payment to the
Contractor at the rate applicable for such Contractors, as TDS or
such other rates as may be specified by the State Government
from time to time. TDS certificates will be issued to the
Contractor which he may produce before the Tax Authority for
adjustment against his tax liability as per assessment.
80.3 Income Tax
The Contractor and his staff shall be responsible for payment of
all personal income taxes to the concerned authorities as per the
law in force from time to time. Deduction of Income Tax shall
be made by the Employer from each certificate of payment to the
Contractor at the rate of 2% plus surcharge or such other rates as
may be specified by the Central Government from time to time,
on the gross amount of the Contractor‟s bill for payment.
81. Noise and Disturbance
81.1 All works shall be carried out without unreasonable noise and
disturbance. The Contractor shall indemnify the Employer from
and against any liability for damages on account of noise or other
disturbance created while or in carrying out the work and from
and against all claims demands proceedings damages costs
charges and expenses whatsoever in regard or in relation to such
liability.

CC 49
82. Safety Code
82.1 Necessary Indian Dock Safety regulations for the safety purpose
shall be adhered to by the Contractor and he will be held
responsible for any violations of the same. The set of such
conditions (regulation) is available with Cochin Port Trust and
the Contractor is required to go through it before tendering.
82.2 Besides the above, the Contractor shall also scrupulously adhere
to and observe the following safety codes:
(i) The Contractor has to provide sufficient barricades to site
of work so that traffic plying nearby should not damage the
recently concreted work. In case of any damage on account of
above, the entire responsibility will remain with Contractor and
nothing extra will be paid on this account.
(ii) Suitable and strong scaffolds should be provided for the
workmen for all work that cannot be safely done from ground.
(iii) No portable single ladder shall be over 8 meters in length.
The width between the side rails shall not be less than 30 cm
(clear) and the distance between the two adjacent rungs shall not
be more than 30 cm.
(iv) Hoisting machines and tackles used in the works including
their attachments, anchorage and supports shall be in perfect
condition as per stipulations of the relevant Rules. The ropes
used an hoisting or lowering materials or as means or suspension
shall be of durable quality and adequate strength and free from
defects.
(v) The excavated material shall no be placed within 1.5
meters of the edge of the trench or half of the depth of the trench,
whichever is more. All trenches and excavation shall be provided
with necessary fencing to lighting. Every opening in the floor of
a building or in a working platform be provided with suitable
fence to prevent the fall of persons or materials. No floor, roof or
other parts of the structure shall be so overloaded with debris or
materials as to render it unsafe.
(vi) Workers employed on mixing and handling materials such
cement, cement mortars concrete, lime mortar and asphalt shall
be provided with protective footwear and rubber hand gloves and
thin cloth for covering face and head.
(vii) Those engaged in welding work shall be provided with
welder protective eye shield and glove.

CC 50
 (viii) All safety rules shall be strictly followed while working on
live electrical systems or installations as stipulated in the relevant
Rules.
83. Port Trust Rules
83.1 The Contractor shall observe the Conservancy Rules relating to
the harbour and shall always take such necessary additional steps
to keep the harbour waters free of noxious or unhygienic matters
coming from his works as are required by the Employer. Under
no circumstances shall inflammable materials be allowed to spill
into the harbour waters.
83.2 The Contractor shall always observe and comply with the
working rules and regulations of the Port Trust in force or as
issued from time to time.
83.3 The Contractor's plants, equipments, floating crafts, dredgers,
materials etc. which are brought to site for facilitating the proper
execution of the contract work within the port area are not liable
to port dues and charges like wharfage, berth hire and other
charges during the period of contract and until expiry of defect
liability period.
84. Execution of work
84.1 The Contractor shall be required to execute the work in such a
way so as not to cause any damage, hindrance or interference
with port activities going on in the area or nearby. He should not
also deposit the materials at such places which may cause
inconvenience to the public and the work going on in the nearby
area. The Contractor shall have to make good all damages done
by him to the structures nearby while executing the work and no
extra payment shall be made to him on that account.
84.2 All the materials required to be used in the work shall have to be
got approved from the Engineer-in-Charge before stacking at the
site of work.
84.3 Barricading, including proper lighting arrangement in the night at
the required places shall have to be provided by the Contractor at
his own cost, including necessary arrangements for proper
movement of traffic by carefully maintained approaches and road
diversions with suitable sign boards for indications of road signs
etc. as directed by the Engineer-in-Charge.
85. Drawings & Designs
(a) General details of the works are shown on the drawings
accompanying the tender document. The Engineer will supply to
the Contractor from time to time during the progress of the works
such further working drawings as will be necessary in his opinion
for the proper and adequate execution and maintenance of the

CC 51
 Works in accordance with the Engineer‟s designs and/or any
modification thereof as decided by the Engineer and the
Contractor shall carry out the work in accordance with the said
working drawings. Two sets of such working drawings will be
issued. If the Contractor requires more sets he will have to make
his own arrangement at his cost.
Residual Design, Detailing & Engineering: - Generally, detailed
design and engineering of the work shall be provided by the
Engineer. During execution of the work the residual design,
detailing and engineering, if needed, is to be carried out by the
Contractor at no extra cost to the Employer. Such design,
detailing & engineering shall be got approved by the Contractor
from the Engineer. For equipments/ Installations detailed
drawings need to be produced by the Contractor at no extra cost
to the Employer. Such detailing & engineering shall be got
approved by the Contractor from the Engineer.
(b) In the event of the Contractor proposing any alteration/
modification to the Engineer‟s design, detail, method of
construction, he shall at his own expenses prepare and submit for
approval of the Engineer copies in duplicate (in the first instance)
of detailed working drawings which may be required for such
alteration/ modification and at the same time call the attention of
the Engineer to any alternative detail or modification of the
contract drawings which the Contractor may wish to make at
least 30 days prior to the commencement of the work or part of
the work to which such drawings relate. The Contractor shall at
the same time, if so required by the Engineer, furnish calculation
sheets in duplicate relating to the strength and anticipated
deflections in respect of such altered/ modified works. The
Engineer will, after any such alteration which he may approve,
record on the copies as amended his approval and will return one
copy of the drawings and calculation sheets to the Contractor,
who shall carryout the work in accordance therewith. The
Contractor shall forward to the Engineer three additional copies
of the working drawings and calculation sheets as approved in
additions to these working drawings and calculation sheets as
approved. In addition to these, working drawings are also to be
submitted (the same procedure as in the case of the Contractor) in
respect of any work proposed to be executed by sub-Contractors.
The approval of the Engineer of all or any of the calculation
sheets, drawings shall not relieve the Contractor of responsibility
in connection with the execution of the altered/ modified or Sub
Contractor‟s work.
(c) Three complete sets of tracing film of all drawings showing every
and all works 'As Made' under the Contract shall be made by the
Contractor at his own expense and delivered to the Engineer

CC 52
 within one month of the completion of the various sections of the
work or at such times as directed by the Engineer. All departure
/alteration /modifications from the Contract Drawings and
supplementary working drawings issued by the Engineer also
shall be incorporated in the "As Built" drawings. The drawings
shall be fully dimensioned, of an approved size and as approved
by the Engineer.
86. Monsoon Period
86.1 Normally Monsoon period will be reckoned from 1st June to 30th
September.
87. Reports
The following reports shall be submitted for review as an input to the
Management meeting to be held as per Clause No 31 of Conditions of
Contract
87.1 Daily reports
The Contractor shall submit daily report indicating daily
activities, weather condition, actual manpower, equipment and
the materials arriving on site.
87.2 Monthly Reports
Monthly progress reports shall be prepared by the Contractor and
submitted to the Engineer in triplicate. The first report shall cover
the period up to the end of the first calendar month following the
Commencement Date. Reports shall be submitted monthly
thereafter, each within 7days after the last day of the period to
which it relates. Reporting shall continue until the Contractor has
completed all work, which is known to be outstanding at the
completion date, stated in the Taking-Over Certificate for the
Works.
Each report shall include:
a) Charts and detailed descriptions of progress, including each
stage of design (if any), Contractor‟s Documents,
procurement, manufacture, delivery to Site, construction,
erection and testing; and including these stages for work by
each Sub-Contractor,
b) Photographs in hardcopy & digital copy and videography in
two sets showing the various stages of progress on the Site
monthly;
c) For the supply of manufactured items, the name of the
manufacturer, manufacture location, percentage progress, and
the actual or expected dates of:
i. Commencement of manufacture,

CC 53
 ii. Contractor‟s/ Engineer‟s inspections,
iii. Tests,
iv. Shipment and arrival at the Site;
d) Copies of quality assurance documents, test results and
certificates of Materials;
e) Safety statistics, including details of any hazardous incidents
and activities relating to environmental aspects and public
relations; and
f) Comparisons of actual and planned progress, with details of
any events or circumstances which may jeopardise the
completion In accordance with the Contract, and the measures
being (or to be) adopted to overcome delays.
88. Completion Documents
88.1 To treat that the work has been completed and issue a final
payment certificate, the following documents will be deemed to
form the completion documents:
i) The Technical documents according to which the work was
carried out.
ii) The set of construction drawings showing therein the
modifications and corrections made during the course of
execution signed by the Engineer.
iii) Certificates of final levels and dimensions as set out for various
works.
iv) Certificates of tests performed for various works.
v) “As Built” Drawings.
89. Changes in firm's Constitution to be intimated
The Contractor shall intimate the Engineer in writing of any change made
in the constitution of the firm
90. Indemnities
The Contractor shall indemnify and hold harmless the Employer, the
Employer's Personnel, and their respective agents, against and from all
claims, damages, losses and expenses (including legal fees and expenses) in
respect of:
(a) bodily injury, sickness, disease or death, of any person whatsoever
arising out of or in the course of or by reason of the Contractor's design
(if any), the execution and completion of the Works and the remedying
of any defects, unless attributable to any negligence, willful act or
breach of the Contract by the Employer, the Employer's Personnel, or
any of their respective agents, and

CC 54
 (b) damage to or loss of any property, real or personal (other than the
Works), to the extent that such damage or loss:
(i) arises out of or in the course of or by reason of the Contractor's design
(if any), the execution and completion of the Works and the remedying
of any defects, and
(ii) is attributable to any negligence, willful act or breach of the Contract by
the Contractor, the Contractor's Personnel, their respective agents, or
anyone directly or indirectly employed by any of them.
G. SALIENT FEATURES OF SOME MAJOR LAWS APPLICABLE
TO ESTABLISHMENTS ENGAGED IN CONSTRUCTION
WORK.
(a) Workmen Compensation Act 1923:- The Act provides for
compensation in case of injury by accident arising out of and
during the course of employment.
(b) Payment of Gratuity Act 1972: Gratuity is payable to an
employee under the Act on satisfaction of certain conditions on
separation if an employee has completed 5 years service or more
on death at the rate of 15 days wages for every completed year of
service. The Act is applicable to all establishments employing 10
or more employees.
(c) Employees P.F and Miscellaneous Provision Act 1952: The Act
Provides for monthly contributions by the Employer plus workers
@ 12% / 8.33%. The benefits payable under the Act are:
(i) Pension or family pension on retirement or death, as the
case may be.
(ii) Deposit linked insurance on the death in harness of the
worker.
(iii) payment of P.F accumulation on retirement/death etc.
The employees employed by the Contractor for the work of Port
Trust have to be enrolled under the relevant scheme of the EPF &
MP Act 1952. The Contractor shall produce documents
pertaining to the same for verification to the Engineer/ his
nominee. Further the Contractor has to pay the necessary
monthly contributions to the said scheme in respect of the
employees employed by him for the work of CoPT and shall
produce necessary document to show that the monthly
contribution in respect of these employees due to the said scheme
are paid.
In case the contractor has not paid the EPF contribution same will
be recovered in the running bill and paid to the EPF
Organization. Any delay in payment of contribution payable
under the Act may be recovered as an arrear of Land Revenue

CC 55
(d) Maternity Benefit Act 1951:-The Act provides for leave and
some other benefits to workmen/ employees in case of
confinement or miscarriage etc.
(e) Contract Labour (Regulation & Abolition) Act 1970:-The Act
provides for certain welfare measures to be provided by the
Contractor to contract labour and in case the Contractor fails to
provide, the same are required to be provided, by the Principal
Employer by Law. The Principal Employer is required to- take
Certificate of Registration and the Contractor is required to take
license from the designated Officer. The Act is applicable to the
establishments or Contractor of Principal Employer if they
employ 20 or more contract labor.
(f) Minimum Wages Act 1948: The Employer is supposed to pay not
less than the Minimum Wages fixed by appropriate Government
as per provisions of the Act if the employment is a scheduled
employment Construction of Buildings, Roads, Runways are
scheduled employment.
(g) Payment of Wages Act 1936:-It lays down as to by what date the
wages are to be paid when it will be paid and what deductions
can be made from the wages of the workers.
(h) Equal Remuneration Act 1979:-The Act provides for payment of
equal wages for work of equal nature to Male and Female
workers and for not making discrimination against Female
employees in the matters of transfers, training and promotions
etc.
(i) Payment of Bonus Act 1965: The Act is applicable to all
establishments employing 20 or more employees. The Act
provides for payments of annual bonus subject to a minimum of
As per the provision of the Act and amendment issued from time
to time. The Act does not apply to certain establishments. The
newly set-up establishments are exempted for five years in
certain circumstances. Some of the State Governments have
reduced the employment size from 20 to 10 for the purpose of
applicability of this Act.
(j) Inter-State Migrant workmen‟s (Regulation of Employment
&Conditions of Service) Act 1979:The Act is applicable to an
establishment which employs 5 or more inter-state migrant
workmen through an intermediary (who has recruited workmen
in one state for employment in the establishment situated in
another state). The Inter-State migrant workmen, in establishment
to which this Act becomes applicable, are required to be provided
certain facilities such as housing, medical aid, travelling expenses
from home upon the establishment and back,

CC 56
(k) The Building and Other Construction workers (Regulation of
Employment and Conditions of Service) Act 1996 and the Cess
Act of 1996:-All the establishments who carry on any building or
other construction work and employs 10 or more workers are
covered under this Act. All such establishments are required to
pay cess at the rate not exceeding 2% of the cost of construction
as may be modified by the Government. The Employer of the
establishment is required to provide safety measures at the
Building or Construction work and other welfare measures, such
as Canteens, First-Aid facilities. Ambulance, Housing
accommodations for workers near the work place etc. The
Employer to whom the Act applies has to obtain a registration
certificate from the Registering Officer appointed by the
Government.
(l) ESI Act, 1948:-
(i). As per the Govt. Notification dt. 20.7.09, Cochin Port Trust has
registered under the ESI Act with ESI Corporation and provision of
ESI Act, 1948 are applicable to contract/casual employees drawing
wages/Salary upto Rs.15,000/- per month and working in Cochin
Port Trust . Workers covered under ESI Act, are entitled for full
medical care for self and family. Besides, cash benefit in the event
of sickness, maternity and employment injury. Accordingly, the
contractual/casual employees drawing wages upto Rs. 15,000/-per
month employed either directly by Port Trust or through contractor
are covered under ESI Act, 1948. It is obligatory on the part of the
employer to calculate and remit ESI contribution comprising of
employers‟ share of 4.75% plus employees‟ share of 1.75% which is
payable on or before 21st of the following month, to which the salary
relates.
(ii). In case the Contractor employs more than 20 employees, they
should register their name with ESI scheme as per ESI Act, 1948 and
obtain ESI Code. Both Employers share of 4.75% and Employees
contribution of 1.75 % (recovered from employees), totally 6.5% to
be paid as contribution to ESI in their Code on or before 21st of
following month to which the salary relates and acknowledgment for
the same shall be submitted to the Port while claiming the bill. The
bill without the acknowledgement of ESI contribution will not be
entertained. In case the contractor has not paid the ESI contribution
same will be recovered in the running bill and paid to the ESI
Corporation in contractor‟s code. Any delay in payment of
contribution payable under the Act may be recovered as an arrear of
Land Revenue.
(iii). In case the contractor employs less than 20 employees, the list of
employees‟ name, their father‟s name, identification proof, one
passport photo shall be submitted to the Port Trust. The contribution

CC 57
 of ESI amount, both Employers share of 4.75% and Employees of
1.75% (recovered from Employees salary), totally 6.5% shall be paid
by the contractor in the Cochin Port Trust Code on or before 21st of
the following month to which the salary relates or otherwise payment
to the contractor will be withheld. If the contractor fails to comply
with the above instruction, then the Principal Employer (Cochin Port
Trust) will make payment to the ESI Corporation. Such amount will
be deducted from any amount due to the contractor. Any delay in
payment of contribution payable under the Act may be recovered as
an arrear of Land Revenue.
(iv). As per the above Government Notification i) All intending
tenderer at the time of tender shall disclose all necessary documents
as to whether they are covered under ESI Act or not.
ii) in case they are covered under ESI Act, they have to furnish the
details of registration.

CC 58
 CONTRACT DATA
Items marked “N/A” do not apply in this Contract.

Sl. Description Reference

No. Cl.No.

1 The following documents are also part of the Contract

The Schedule of other Contractors (8.2)

i)
ii)

The Schedule of Key personnel (9)

i)
ii)

2 The Employer is (1)

The Board of Trustees,

Cochin Port Trust,
Cochin -9

Name of Authorized Representative:

Name : Shri / Smt………. [INSERT NAME]

The Chairman,
Cochin Port Trust
Cochin -9

3 The Engineer is

Name : Shri [INSERT NAME]

Chief Engineer/Chief Mechanical Engineer
Cochin Port Trust,
Cochin-9

CC 59
Sl. Description Reference
No. Cl.No.

Name of Nominee is

Name : Shri…….. [INSERT NAME]

[INSERT DESIGNATION OF THE OFFICER]
Cochin Port Trust
Cochin-9

4 Name of Contract :- [INSERT TITLE OF WORK] (1)

Tender no: [INSERT TENDER NO.]

5 ………..[ INSERT NUMBER] copies of Contract

Agreement shall be furnished by the Contractor [7.1]

6 Tender document and other data are available at (7.2)

……………………….. [INSERT ADDRESS OF
OFFICE]

7 The Intended completion Date for the whole of the (17,28)

Work is [INSERT CONTRACT PERIOD] Months /
Days with the following milestones:

8 Milestone dates:

Physical works to be Period from the date of

completed receipt of LoA to proceed
with the work

9 The following shall form part of the Contract Document: (2.3)

(1) Form of Agreement
(2) Letter of Acceptance
(3) Contractor‟s Bid

CC 60
Sl. Description Reference
No. Cl.No.
(4) Contract Data
(5) Conditions of Contract including Special
Conditions of Contract
(6) Specifications
(7) Drawings
(8) Bill of quantities and
(9) Any other documents listed in the Contract Data
as forming part of the Contract.
(10) Correspondence exchanged after the opening of
the Bid and before the issue of Letter of
Acceptance by which the Condition of Contract
are amended, varied or modified in any way by
mutual consent (to be enumerated).

10 The Contractor shall submit a Program for the Works (27)

within ---- days [INSERT PERIOD] of date of the
Letter of Acceptance.

11 The site possession date (21)

The site will be handed over within …………days
[INSERT PERIOD] after issue of LoA and the site is
free from encumbrances.

12 The start date shall be …… days [INSERT (1)

PERIOD]from the date of receipt of the Letter of
Acceptance (LoA) by the Contractor.

13 The site is located at ………………

Shown in drawing no. ……………..

14 The Defects Liability Period is ……………. (35)

[INSERT PERIOD AS APPLICABLE]

CC 61
Sl. Description Reference
No. Cl.No.

15 The minimum insurance cover for physical property, (13)

injury and death is Rs. ……..lakhs (Rupees
……………lakhs)[INSERT AMOUNT]per occurrence
with the number of occurrences unlimited. After each
occurrence, Contractor will pay additional premium
necessary to make insurance valid always.

16 The following events shall also be Compensation Events: (44)

(Add the events as applicable to the Contractor)
1.

17 The period between Programme updates shall be 30 days. (27)

18 The amount to be withheld for late submission of an (27)

updated Programme shall be Rs. …….. [INDICATE
THE AMOUNT ]

19 The language of the Contract documents is English. (3)

20 The law, which applies to the Contract, is the law of Union (3)
of India.

21 The currency of the Contract is Indian Rupees. (46)

22 The proportion of payments retained (retention money) (48)

shall be 5% from each bill subject to a maximum of 5%
of the contract price.

23 The maximum amount of liquidated damages for the [49]

whole of the works is 10% of the contract price.

24 The amounts of the advance payments : [51]

The advance payments as applicable to the contract are:

[INSERT AS APPLICABLE]
1. …….…….
2. …………..
3. …………...

CC 62
Sl. Description Reference
No. Cl.No.

25 Repayment of advance payment for mobilization : [51]

[INSERT ANY SPECIAL CONDITIONS]

26 Repayment of advance payment for Construction and [51]

equipment:
[INSERT ANY SPECIAL CONDITIONS]

27 Repayment of secured advance:

[INSERT ANY SPECIAL CONDITIONS]

28 The date by which “as-built” drawings are required is (58)

within 90 days of issue of certificate of completion of
whole or section of the work, as the case may be.

29 The amount to be withheld for failing to supply “as built” (58)

drawings and/or operating and maintenance manuals by the
date required is Rs………. [ INDICATE
THE AMOUNT ]

30 Schedule of Rates Applicable: DSR………. + ….%

31 Base Rate for materials to be considered for price variation (47)

(i) Cement consumed for various items of work

: Rs. …………per tonne

(ii) Reinforcement steel used under various items

:Rs ………….. per tonne
(iii) Structural Steel used under various items:
Rs. …….. per tonne

(iv) Bitumen under various items in

CC 63
Sl. Description Reference
No. Cl.No.
: Rs………….. per tonne

(v) Bitumen emulsion (MS &RS) under various items

in : Rs………….. per tonne
[STRIKE OFF AS APPLICABLE ]

32 Permissible wastage on theoretical quantities of (47)

(b) Cement : 2%
(b) Steel Reinforcement and
structural steel
sections for each diameter,
section and category : 5.99 %

(d) Bitumen/Bitumen emulsion : 2.5%

CC 64
 Annexure –A

PROFORMA OF BANK GUARANTEE FOR PERFORMANCE GUARANTEE/

SECURITY DEPOSIT

(To be executed on non-judicial Stamp Paper of appropriate value)

[The bank, as requested by the successful Tenderer, shall fill in this form in accordance
with the instructions indicated]

In consideration of the Board of Trustees of the Port of [insert name of Port]

incorporated by the Major Port Trusts Act, 1963 as amended by Major Port Trust
(Amendment) Act 1974 (hereinafter called “The Board” which expression shall unless
excluded by or repugnant to the context or meaning thereof be deemed to include the
Board of Trustees of the Port of [insert name of Port], its successors and assigns) having
agreed to exempt _________________________________ (hereinafter called the
“Contractor”)‟
(Name of the Contractor/s)
from the demand under the terms and conditions of the Contract, vide
_______________________________ „s letter No.____________________
(Name of the Department)
date _______________ made between the Contractors and the Board for execution of
____________________________________________________ covered under Tender
No._________________________ dated __________ (hereinafter called “the said
contract”) for the payment of Security Deposit in cash or Lodgement of Government
Promissory Loan Notes for the due fulfilment by the said Contractors of the terms and
conditions of the said Contract, on production of a Bank Guarantee for
Rs.___________________ (Rupees__________________________________________)
only we, the (Name of the Bank and Address) ________________________________
______________________________________________________________ (hereinafter
referred to as “the Bank”) at the request of the Contractors do hereby undertake to pay to
the Board an amount not exceeding Rs._____________ (Rupees
______________________________________) only against any loss or damage caused
to or suffered or which would be caused to or suffered by the Board by reason of any
breach by the Contractors of any of the terms and conditions of the said contract.

2. We, ______________________, _____________________, do hereby

CC 65
 (Name of Bank) (Name of Branch)
undertake to pay the amounts due and payable under this guarantee without any demur
merely on a demand from the Board stating that the amount claimed is due by way of loss
or damage caused to or which would be caused to or suffered by the Board by reason of
any breach by the Contractors of any of the terms and conditions of the said contract or
by reason of the Contractors failure to perform the said contract. Any such demand made
on the Bank shall be conclusive as regards the amount due and payable by the Bank
under this Guarantee. However, our liability under this guarantee shall be restricted to
any amount not exceeding Rs.___________ (Rupees
____________________________________) only.
3. We, _____________(Name of Bank and Branch)____________________,
undertake to pay to the
Board any money so demanded notwithstanding any dispute or disputes raised by the
Contractor(s) in any suit or proceeding pending before any Court or Tribunal relating
thereto our liability under this present being absolute and unequivocal. The payment so
made by us under this bond shall be a valid discharge of our liability for payment there
under and the Contractor(s) shall have no claim against us for making such payment.
4. We, ____________(Name of Bank and Branch) further agree with the Board that
the guarantee herein contained shall remain in full force and effect during the period that
would be taken for performance of the said contract and that it shall continue to be
enforceable till all the dues of the Board under or by virtue of the said contract have been
fully paid and its claims satisfied or discharged or till the
______________________________________________________
(Name of the user department)
of the said certifies that the terms and conditions of the said contract have been fully and
properly carried out by the said Contractors and accordingly discharge this guarantee.
PROVIDED HOWEVER that the Bank shall be the request of the Board but at the cost of
the Contractors, renew or extend this guarantee for such further period or periods as the
Board may require from time to time.

5. We, ______________________________ further agree with the Board

(Name of Bank and Branch)
that the Board shall have the fullest liberty without our consent and without affecting in
any manner our obligations hereunder to vary any of the terms and conditions of the said
contract or to extend the time of performance by the said contract or to extend the time of
performance by the said Contractors from time to time or to postpone for any time or
from time to time any of the powers exercisable by the Board against the said Contractors
and to forebear or enforce any of the terms and conditions relating to the said contract
and we shall not be relieved from our liability by reason of any such variation or

CC 66
extensions being granted to be Contractors or for any forbearance, act or omission on the
part of the Board or any indulgence shown by the Board to the Contractors or by any
such matter or thing whatsoever which under the law relating to sureties would, but for
this provision, have effect of so relieving us.

6. This guarantee will not be discharged due to the change in the constitution of the
Bank or the Contractor(s).
7. It is also hereby agreed that the Courts in [insert city] would have exclusive
jurisdiction in respect of claims, if any, under this Guarantee.

8. We, _________________________ Bank lastly undertake not to revoke this

guarantee during its currency except with the previous consent of the Board in writing.

9. Notwithstanding anything contained herein :

a) Our liability under this Bank Guarantee shall not exceed Rs._________
(Rupees ___________________________________ only);
b) this Bank Guarantee shall be valid upto ___*__________; and
c) we are liable to pay the guarantee amount or any part thereof under this Bank
Guarantee only and only if you serve upon us a written claim or demand on or before
______________________ (date of expiry of Guarantee).”

Date ____________________ day of _____________ 20

For (Name of Bank)

(Name)

Signature

* The date will be thirty (30 )days after the end of the period of Defect Liability as
specified in the Contract.

CC 67
 Annexure - B

PROFORMA OF BANK GUARANTEE FOR ADVANCE

(To be submitted on Non-Judicial Stamp Paper of appropriate value)

Bank Guarantee No____________ dated________________________

Amount of Guarantee Rs. ____________

Guarantee cover from ____________ to ____________

Last date of lodgment of claim

In consideration of Board of Trustees of Cochin Port Trust (hereinafter called “Port

Trust”) which expression shall include all their successors and assignees having agreed to
pay advance of Rs. ____________ (Rupees ____________ only) repayable with interest
@______ % per annum to ____________ (Name & Address of contractor ) (hereinafter
called the “CONTRACTOR”) which expression shall include their successors and
assignees for the contract for the work of ____________(Name of work) evidenced by the
offer of the Contractor dated……….. and accepted by the Port Trust forming the contract
and the work order No…………….. dated,…………. for the work of (name of work)
issued by the Port Trust and the formal stamped agreement to be entered into between
parties in the above, the said amount and interest being recoverable from the running bills
of the contractor on pro-rata basis as per terms of agreement, we (Name of Bank) having
our Head office at ……………….. (hereinafter referred to as “the Bank”) do hereby
undertake to pay The Cochin Port Trust an amount of
Rs……………(Rupees……………..only) with interest against any loss or damage caused
to or would be caused to or suffered by the Port Trust by reason of any breach by the said
contractor of any of the terms or conditions contained in the said agreement, making it
impossible or difficult to recover the said mibilisation advance of
Rs……………(Rupees…………..only) or part thereof or interest thereon we (Name of the
Bank)do hereby undertake to pay the amounts due and payable under the guarantee without
any demur, merely on demand of The Cochin Port Trust by reason of any breach by the
said contractor of any of the terms and conditions contained in the said agreement or by the
reason of contractor‟s failure to perform the said agreement. Any such demand made on the
Bank shall be conclusive not only as regards to contractor‟s failure but also as regards the
amount due and payable by the Bank under this guarantee. However, our liability under
this guarantee will be restricted to an amount of Rs…………….(Rupees……………..
only) with interest as per the agreement.

CC 68
We, (Name of the Bank) further agree the guarantee herein contained will remain in full
force and affect during the period that would be taken for the recovery of the loan and that
it shall continue to be live and enforceable till all the amounts due with interest thereon
have been fully recovered and its claims satisfied or discharged or till The Cochin Port
Trust certifies that the amount outstanding under the advance has been fully recovered
from the contractor and accordingly discharged the guarantees. Unless a demand or claim
under this guarantee is made on us in writing on or before (date of the expiry) we shall be
discharged from all liability under this guarantee thereafter.

We, (Name of the Bank) further agree with the Port Trust that the Port Trust shall have the
fullest liberty without or consent and without affecting in any manner or obligation
hereunder to vary any of the terms and conditions regarding the recovery or repayment and
we shall not relieved from our liability by reason of any such variation or extension being
granted to the said contractor or any forbearance, act or omission on the part of Cochin Port
Trust or any indulgence by the Port Trust to the contractor or in such matter or things
whatsoever which under the law relating to sureties would but for this provision have the
effect of so relieving us.

Notwithstanding anything contained herein:

(i) Our liability under this bank guarantee shall not exceed
Rs………….(Rupees…………)

(ii) This bank guarantee shall be valid upto………………

(iii) Our liability to make payment shall arise and we are liable to pay the guaranteed
amount or any part thereof under this guarantee, only if you serve upon us a
written claim or demand in terms of this guarantee on or before………….

We, (Name of the Bank) lastly undertake not to revoke this guarantee during its currency
except with the previous consent of the Port Trust in writing.

Dated this the……………day of……………..(year)

For (Name of Bank) (Signature)

CC 69