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GATEWAY TO PAKISTAN A GREAT HERITAGE – A VIBRANT FUTURE

TENDER FOR

HIRING OF 75 TBP

ASD TUG

ON CHARTER BASIS

FOR

KARACHI PORT TRUST

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TABLE OF CONTENTS PART – I TENDER INVITATION

1. Invitation to Tender 2. Form of Tender

PART – II INSTRUCTIONS TO TENDERER

1. Documents to be submitted 2. Submission of Tender 3. Bid Security 4. Entering the Quotation amount/offer in the Financial Offer 5. Signature of the Tenderer and firm’s rubber stamp 6. Acceptance or rejection of Tender 7. Performance Bond 8. Inspection of Tug 9. Execution of Agreement 10. Tug Hiring Contract under int. charter party BIMCO 11. Compliance to MMD Requirements and Laws of Pakistan 12. Joint Venture 13. Fraud and Corruption 14. Integrity Pact 15. Validity of Offer

PART – III GENERAL CONDITIONS OF THE CONTRACT 1. Definitions

PART – IV _ SPECIAL CONDITIONS OF CONTRACT

1. Interpretation & Definitions 2. Inspection of Tug 3. The Rate 4. Terms of operation 5. Act of Tug 6. Performance Bond 7. Fitness of Tug 8. Import clearance of Tug and Local taxation 9. Insurance of the Contractor’s equipment 10. Damages to persons and property 11. Third party insurance 12. Requirement of insurance 13. Certificate and payment 14. Anchoring/berthing facilities 15. Maintenance /Repair Services & Spare Parts 16. Liquidated damages 17. Legal basis, arbitration – settlement of disputes 18. Alternative Dispute Resolution 19. Termination of Contract 20. Unauthorized occupancy of berth 21. Hindrance in safe Navigation 22. Supply of Fuel & water 23. Joint Venture

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PART – V FINANCIAL OFFER 1. Bill of Quantity for ASD Tug (75 Ton Bollard Pull)

PART – VI ANNEXURES

1. General Information - A

2. Experience of the firm - B

3. List of Customer / Contracts and ongoing projects - C

4. Bidders / Firms personnel detail - D

5. Bidder Financial Data - E

6. Technician Specification on the offered 75 Ton B.P ASD Tug - F

7. Criteria for Technical specifications of 75 Ton B.P ASD Tug - H

8. Integrity Pact - K

9. Evaluation Criteria for Technical qualification of Tenders - L

10. Form of Contract - M 11. Bank Guarantee format of Earnest Money - N 12. Performance Bond - N/1O

13. Mobilization Cost Advance Payment Guarantee - OP

14. Guidelines for entries in format of BIMCO Supplement - P

15. Supply Time 2005 as per requirements of KPT Annexure

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PART – 1

TENDER INVITATION

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KARACHI PORT TRUST

KARACHI - PAKISTAN

NOTICE INVITING TENDER FOR CHARTERING OF 75 TBP

ASD HARBOUR TUG

1. Karachi Port Trust (KPT) invites offers for provision of ASD berthing Tug on hire basis, from National / International experienced firms which are technically and financially sound with full responsibilities of operations and maintenance of Craft. The ASD Tug is required on hire for a Charter period of Three Years (+/- 30 days) /. The offered Tug should possess characteristics and other details as per Tender document. The offered Tug should be well maintained, under valid Class of Lloyds Register 100 A1, LMC or equivalent Class of any IACS approved Classification Society. The age of Craft should not be more than 07 years. The Tug should be Twin screw, ASD type and capable to deliver 75 TBP.

2. Interested firms should collect the Tender Documents within 30 days from the date of advertisement against payment of US $ 250/- or Rs:25,000/- (non-refundable) in the form of Pay Order, issued in favour of Chief Accounts Officer, Karachi Port Trust from the office of Deputy Conservator, KPT 1stt Floor Head Office Building KPT.

3. Tender documents submitted by the firms are to be accompanied with an Earnest Money in the form of Pay Order of US $ 200,000/- or Rs.20,000,000/- (refundable) issued in favour of Chief Accounts Officer, Karachi Port Trust. The Bid Security, at the option of the Bidder, may be in the form of a Bank Guarantee issued by a Scheduled Bank in Pakistan or from a foreign bank against Counter Guarantee issued by a Scheduled Bank in Pakistan having atleast

“AA” rating in favour of the KPT. Tenders without Earnest Money/Bank Guarantee for the offered Craft will be rejected and returned unopened.

4. Sealed tender documents should contain “Two separate sealed envelopes”, one containing Technical Proposal with Earnest Money, and the other containing sealed Financial Proposals respectively, which should reach the office of Deputy Conservator, 1st Floor Head Office Building KPT latest by 1200 hrs on ___________________________ 2016. The Technical proposals will be opened on the same day at 1230 hrs in the presence of bidders / representatives who wish to attend, pre-bid meeting will be held 15 days before submission of bids. The Financial Proposals of the technically qualified firms / Bids (as per Evaluation Criteria) will be opened. Financial proposals of technically not qualified Bidders shall be returned, unopened.

5. KPT reserves the right to accept or reject any or all bids or proposals and no claims whatsoever in this respect shall be entertained. Authority’s decision in this respect shall be final and binding on all the Firms. /Bidders.

GENERAL MANAGER (OPERATIONS) KARACHI PORT TRUST Edulee Dinshaw Road, Karachi-74000, Pakistan Tel: 9221 99214320 Fax: 9221 99214329-30 E-mail: gme@kpt.gov.pk

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FORM OF TENDER

The Chairman, Karachi Port Trust, Karachi

TENDER FOR HIRING OF BOLLARD PULL ASD TUG

FOR KARACHI PORT TRUST

1. Having made ourselves fully acquainted with the requirements of KPT for ASD Tug (maximum seven (07) years old as detailed in the Tender Documents including Invitation and Instructions to Tenderers, Documents to be submitted, Conditions of Contract, Technical specifications, Financial Offer and proformas, we the undersigned offer our Tender in conformity with the said Tender documents. Name of Tenderer : _______________________________________ Authorized Signature : _______________________________________ Address : _______________________________________

Telephone : _______________________________________

Fax : _______________________________________ 2. The following annexure / documents have been duly filled and are being submitted: 1 General Information Annexure A 2 Experience of the Firm Annexure B 3 Financial Data Annexure C 4 List of all on-going Contracts Annexure D 5 Staff Details Annexure E 6 Technical Specification of offered Tug(s) Annexure F & G,H. 7 Integrity Pact Annexure HK 8 Constitution of firm / Company with copy of Memorandum & Articles of Association /

Partnership Deed / Certificate of Registration / Certificate of Incorporation

9 Details of litigation, if any

10Firm/ Company Board of Directors’ Resolution / Firm’s authority letter authorizing

individual(s) to sign tender documents on their behalf

11Guidelines for entries in the format of BIMCO Supply Time 2005 as per requirements of

KPT Annexure P

(Supplement Annexure)

3. FINANCIAL OFFER

The sealed bid envelope of Financial Offer contains a package financial proposal for the ASD / LNG friendly compatible Tug [(maximum Seven (07) years old] as per Tender Documents. The rates which we have given in the Financial Offer and all information/data attached to our Tender are complete and without any concealed

technical and or financial reservations or implication. They have been duly checked and are correct in every respect. These rates are fixed and unchangeable throughout the currency of the Contract. Financial Offer is submitted in separate sealed envelope clearly marked.

4. CONTRACT AGREEMENT / WORK COMMENCEMENT

We undertake that if our Tender is accepted and Letter of Intent (L.O.I) is issued to us by KPT, we will arrange for earliest inspection of Tug by KPT Team, subsequent to the signing of Contract Agreement/s, mobilize Tug to reach Karachi Port for trials and delivery by _______________, 2016 and after import clearance of the Tug,

shall promptly commence operations.

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5. BID SECURITY

As required, we enclose Earnest Money in the form of (i) Bank Guarantee of US$ 200,000 (United States

Dollars two hundred thousand only) in favour of KPT issued in Pakistan by a Bank having at least “AA” rating or (ii) Pay order issued by a scheduled “AA” rated Bank of Pakistan located at Karachi amounting to US $200,000/- (United States Dollars Three two hundred thousand only) or (iii) Pay Order of Rs.2,000,000/- (Rupees Two Million only) issued in the name of Karachi Port Trust. (Strike out inapplicable)

The Bid Security shall be, at the option of the Bidder, in the form of a Bank Guarantee issued by a Scheduled Bank in Pakistan or from a foreign bank against Counter Guarantee issued by a Scheduled Bank in Pakistan having at least “AA” rating in favour of the Employer.

6. PERFORMANCE BOND

We undertake that if our Tender is accepted, we shall furnish a Performance Bond to the Employer KPT in the prescribed form. The Performance Bond shall be furnished before signing of the Contract Agreement. The Performance Bond shall be of an amount equal to 05% (Five percent) of the Contract Price stated in the Letter

of Acceptance. The Performance Bond shall be, at the option of the Bidder, in the form of a Bank Guarantee issued by a Scheduled Bank in Pakistan having at least “AA” rating or from a foreign bank against Counter Guarantee issued by a Scheduled Bank in Pakistan having at least “AA” rating in favour of the Employer KPT.

7. VALIDITY OF OFFER

Offer is valid for acceptance up to 120 days from the date of opening of tender. 8. ACCEPTANCE

Unless and until the formal Agreement is executed, this offer, together with the Authority’s KPT’s written acceptance, shall constitute a binding contract between us. We understand that the Authority KPT is not bound to accept the lowest or any offer received and that you we will not defray any expenses incurred by us in Tendering. We hereby certify that the prices specified, other information contained in this Tender and the Signatures below are by duly authorized officers of the Company, having the powers necessary to enter into a bonding contract.

Authorized Signature : _______________________

Title : _______________________

Authorized Signature : _______________________ Title : _______________________

Witness : _______________________ Title : _______________________

In case of a Corporation / Company: Affix seal in the space opposite: Signed and sealed at __________________________________________________________ On this ________________ day of _______________ 2016.

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PART - II

INSTRUCTIONS TO

TENDERER

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DOCUMENTS TO BE SUBMITTED BY BIDDERS

1. The Tender documents must essentially contain the required information in details supported by relevant

documents, certificates to be evaluated as responsive, which should include, but not limited to following.

a. All Tender Documents to be duly filled signed and stamped on each page. Annexure P (Supplement Annexure) about Guidelines for entries in BIMCO Contract as per requirement of KPT, to be attended accordingly.

b. The name and address of the firm with fax and telephone numbers and proof of registration of the firm,

year of inception and nature of business, whether a joint venture, private, pubic limited or partnership. Details of any joint venture, partnership agreement memorandum and article of association should also

be submitted.

c. Past experience of the firm for providing the required services and as well as experience, operation and

maintenance of ASD Tug giving details indicating name of clients served, nature of work attended during the last 5 years indicating yearly turn over.

d. Any information / details required pertaining to technical specifications of offered Tug, its General

Arrangement Plan to be provided and response to Evaluation Criteria for Technical qualification as per requirement of Tender.

e. Photograph / Photocopies of four views of Tug.

f. Current Hiring Contracts of ASD Tug or others in hand (if any).

g. Financial soundness certificate from the banker of the tenderer and audited financial statements for the

last three years.

h. Details of litigation if any with the clients.

i. All relevant documents concerning certification, validation and classification etc. should also be

submitted to KPT with Technical Bids for verification.

j. The joint venture parties must provide the copies of the joint venture agreement.

2. Submission of Tender

a. Tenderer should examine the Tender documents carefully and should obtain at their own expenses any relevant information that may be necessary for making a Tender.

b. The Tender must be addressed to the General Manager Engineering, Karachi Port Trust, Eduljee

Dinshaw Building, Karachi, placed in a cover and marked “Tender for Charter of 75 Ton Bollard

Pull ASD Tug”.

c. Sealed tender documents should be a sealed single package containing two (big) separate sealed envelopes, one containing “Technical Proposal” (with Earnest Money) and the other containing “Financial Proposal” which should contain a single consolidated financial offer for 75 Ton Bollard Pull ASD Tug maximum Seven (07) (years old) which should reach the office of General Manager Engineering, Karachi Port Trust latest by 1200 hrs on ____________________, 2016. The Technical Proposals will be opened on the same day at 1230 hrs in the presence of bidders / representatives who wish to attend. The Financial Offers of the technically qualified firms, (as per

evaluation criteria), will be opened on date and time to be intimated later. Financial Proposals of technically disqualified bidders shall be returned unopened.

d. The Tender documents issued by KPT must be submitted duly completed, signed and stamped on

each page.

e. Incomplete or conditional Tenders may be rejected.

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f. Detailed particulars of the offered Tugs, duly certified by Classification Society, including Technical Specifications, place and year of built, Class-Status and recent photographs/ photocopies of four

views of the offered Tugs should be submitted with the Tender. 3. Bid Security

a. Tender Documents submitted by the firms are to be accompanied with Bid Security in the form of Pay Order / Bank Guarantee amounting to U.S $200,000/- (United States Dollars Two hundred thousand only) or Rs.2,000,000 (Rupees Two million only) for 75 TBP ASD Tug from AA rated bank in Pakistan, issued in the name of Karachi Port Trust. Tenders without Bid Security for the offered Tug shall be rejected and returned unopened. The Bid Security should be submitted enclosed in the

Technical Proposal Envelope. The Bid Security shall be in the KPT prescribed form Annexure “N” and is refundable.

b. The Bid Security shall be, at the option of the Bidder, in the form of a Bank Guarantee issued

by a Scheduled Bank in Pakistan having at least “AA” rating or from a foreign bank against Counter Guarantee issued by a Scheduled Bank in Pakistan having atleast “AA” rating or from a foreign bank against Counter Guarantee issued by a Scheduled Bank in Pakistan having atleast “AA” rating in favour of the Employer.

c. Tenders without Bid Security for the offered Tug shall be rejected and returned unopened.

d. Bid Security of all unsuccessful Tenderers, shall be returned after the Tender has been finally awarded

to the lowest responsive bidder by the Competent Authority and subsequent to the furnishing of the Performance Bond and signing of the Contract with KPT.

e. Bid Security of successful Tenderer shall be retained until such time that Performance Bond has been

duly submitted / accepted and Contract signed with KPT.

f. Should any Tenderer withdraw his Tender after opening of the Tender or in case he backs out after

acceptance of his Tender, his Bid Security shall be forfeited.

4. Entering the offer in the Financial Offer

a. Tenderers are to exercise greatest care in entering their quotation offer in the Financial Offer. No request

for corrections of any mistakes or for revision of quotations offers shall be entertained after Tenders have been received and opened.

b. Tenderers are required to quote in the Financial Offer for offered Tug covering the hiring charges on flat

day rate for berthing, sailing, shifting, towage, escorting and pilotage or any conservancy services etc. as

required by Harbour Master or his Authorized Officer. Details are given in Special Conditions of Contract.

c. The offer must be filled in figures as well as in words. Should there be any difference between the two,

the Tender would be considered in words only.

d. Any erasure or over writing by the Tenderer will render the Tender liable to rejection. Corrections if any

must be made by striking out the errors and entering and signing in full the corrections in ink by the same person who has signed the Tender and stamped.

e. The Contract Price / Financial offers are to be given ONLY with the Financial Proposals and are NOT to

be mentioned in the Technical Proposals or any other document submitted with the Bid.

5. Signature of the Tenderer and Firm’s rubber Stamp

All Tenders submitted must be signed on each page only by a partner or other person duly authorized to do so, on their behalf and should bear rubber stamp/seal of the firm/company.

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6. Acceptance or Rejection of the Tender

a. Tenderer will be required to confirm Agreement to the terms and conditions stipulated in the Tender

Documents and guidelines for entry of BIMCO Time 2005 charter party as per requirement of KPT. Tender will not be considered unless ‘The Tender” documents issued by Karachi Port Trust are submitted, duly signed and stamped by the Tenderer. Incomplete and conditional Tenders are liable to rejection.

b. No alteration or interpolation should be made by the Tenderers in the conditions and other stipulations of

his Tender. The Tenderers should clearly understand that should they make any such alteration or interpolation then their Tenders may be rejected without assigning any reason.

c. Karachi Port Trust reserves the right to reject any or all the Tenders and Authority’s decision in this

regard will be final and binding on all bidders.

7. Performance Bond

a. The Contractor shall provide Performance Bond to the Employer in the prescribed form. The Performance Bond shall be furnished to the Employer before the signing of the Contract. The Performance Bond shall

be of an amount equal to 05% of the Contract Price stated in the Letter of Acceptance. Such Performance Bond shall, at the option of the bidder, be in the form of either (a) bank guarantee from any Scheduled Bank in Pakistan having at least “AA” rating or (b) bank guarantee from a bank located outside Pakistan against Counter Guarantee issued by a Scheduled Bank in Pakistan having at least AA rating.

b. The Performance Bond will be held until the satisfactory completion of the Contract and will be forfeited

at the discretion of KPT in case of the Contractor’s failure to fulfil all or any of the conditions of the Contract, irrespective of and without prejudice to any other remedy for such failure which KPT may seek

under the term and condition of the contract or the law.

8. Inspection of Tug

The successful Bidder, will make earliest arrangements for initial inspection and trial of 75 TBP ASD

Tug by KPT team comprising of 3 personnel or KPT’s nominated Surveyor at home port(s) of ASD Tug prior issuance of Letter of Intent (LOI) from KPT,(on expenses to be borne by the Bidder). However, final acceptance of the Tug will be subject to the satisfactory performance during inspection test / trial for fitness and readiness of the offered Tug on arrival at Karachi Port, to be

confirmed by KPT team. It will be verified that all relevant and valid Original Certificates of Tug and Crew, as per Tender requirement, are available on board Tug (all Photocopies to be provided to KPT). The inspection trial mainly pertains to speed of the Tug, efficient manoeuvring capability, anchoring, mooring equipment, fire fighting, all navigational equipment on board the Tug is to be as per SOLAS

requirements. The same fitness standard to be maintained during the entire charter period and extensions thereto, if any.

9. Execution of Agreement

a. The successful bidder would arrange for earliest inspection of Tug by KPT Team. The Contract Agreement shall be signed within (30) days of issuance of the Letter of Intent (LOI). Subsequent to the

signing of Contract Agreement, mobilize the Tug to reach place of delivery and commence operations on receipt of Letter of Intent from KPT.

b. In the event of the successful Tenderer failing to enter into the Contract with Karachi Port Trust within the

specified period, Karachi Port Trust shall without prejudice to its right to forfeit the Bid Security, and will be at a liberty to enter into a Contract with any other Bidder or re-invite Tenders at the risk as to and cost and consequences of the successful Tenderer. All such costs and damages shall be recoverable from such

Tenderer failing to enter into Contract with KPT.

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10. Tug Hiring Contract Under International Charter Party BIMCO Supply Time 2005

The Contract Agreement will be executed as per international Charter Party BIMCO Supply time 2005, with necessary Guidelines issued in Supplement Annexure. These Guidelines need to be attended by Bidder and shall be followed in Contract with successful Bidder. Participant Bidders may seek any clarification / query in

writing from KPT (in Pre-Bid meeting). In case of conflict between the BIMCO Supply Time 2005 (as modified by this Tender) and the Special Conditions of the Contract of this Tender, the latter will prevail to the extent of such conflict.

11. Compliance to MMD Requirements and Laws of Pakistan

It is pertinent to notify that upon commencement of contractual period, the Contractor has to have the Tug in seaworthiness status including safe manning surveyed and certificated by GOP / Mercantile Marine Department, Karachi. The relevant Certificates should remain valid during entire Charter period and extensions thereof, if any. Tug shall be off hire/charter for dry docking and / breakdown inconsistent breakdowns not provided in the Tender

document. Afloat Staff / Crew shall remain compliant to STCW and all relevant Pakistan laws. The Contractor shall also comply other local laws, rules and shall pay , taxes during charter period. 12. Joint Ventures

Joint venture parties are allowed to submit bids and the criteria of evaluation of the joint venture will be on the basis of one of the joint venture member qualifying under these Instructions to Bidders. If the Bidder is a joint venture, consortium, or association, all of the parties shall be jointly and severally liable to KPT for the fulfillment of the provisions of the Contract and shall designate one party to act as a leader with authority to bind the joint venture, consortium, or association. The composition or the constitution of the joint venture, consortium, or association shall not be altered without prior consent of KPT.

13. Fraud and Corruption

It is the policy of the KPT to require its staff and its contractor to observe the highest standard of ethics during the selection and execution of such contracts. In pursuance of this policy, KPT:

(a) Defines, for the purposes of this provision, the terms set forth below:

i. “Corrupt practice” means the offering, giving, receiving, or soliciting, directly or indirectly, of any thing of

value to influence the action of a public official in the selection process or in contract execution:

ii. “Fraudulent practice” means a misrepresentation or omission of facts in order to influence a selection process of the execution of a contract.

iii. “Collusive practices” means a scheme of arrangement between two or more consultants with or without the

knowledge of KPT, designed to establish prices at artificial, non competitive levels and to deprive KPT of the benefits of free and open competition:

iv. “Coercive practices” means harming or threatening to harm, directly or indirectly, persons or their property

to influence their participation in a procurement process, or affect the execution.

b. Will reject a proposal for award if it is determined that the contractor, recommended for award, has directly or through an agent is engaged in corrupt, fraudulent, collusive or coercive practices in competing for the contract in question:

(c) Will sanction a contractor including declaring the contractor ineligible, either indefinitely or for a stated period

of time, at any time it is determined that the contractor directly or through an agent is engaged in corrupt,

fraudulent, collusive or coercive practices. 14. Integrity Pact

All firms / bidders desirous of doing business with KPT must sign and submit “Integrity Pact” (Annexure

“K”) along with other documents. This is a mandatory condition without which the Tender Documents shall not be considered.

15. Validity of Offer Offer must remain valid for acceptance up to 120 days from the date of opening of Tender.

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PART - III

GENERAL

CONDITIONS

OF

CONTRACT

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PART III – GENERAL CONDITIONS

Definitions and interpretation Definitions 1.1 In the Contract (as hereinafter defined) the following words and expressions shall

have the meanings hereby assigned to them except where the context otherwise requires.

(a) (i) “Employer” means the person named as such in part II of these Conditions and

the legal successors in title to such person, but not (except with the consent of the Contractor) any assignee of such person. (ii) “Contractor” means the person whose tender has been accepted by the Employer and the legal successors in title to such person, but not (except with the consent of Employer) any assignee of such person. (iii) “Subcontractor” means any person named in the Contractor as a Subcontractor for a part of the Works or any person to whom a part of the works has been subcontracted with the consent of the Engineer and the legal successors in title to such person, but not any assignee of any such person. (iv) “Deputy Conservator” means the person appointed by the “Board of Trustees” to act as KPT’s representative for the purposes of the Contract and named as such in Part II of these Conditions (v) “Representative” means a person appointed from time to time by the Deputy Conservator under Sub-Clause 2.2

(b) (i) “Contract” means these Conditions (Part 1 and II), the Specifications, the Drawings, the bill of quantities, the tender, the letter of Acceptance, the Contract Agreement of (if completed, including international charter party BIMCO Supply Time 2005 clauses as applicable and agreed by both parties) and such further documents as may be expressly incorporated in the letter of acceptance or contract agreement (if completed). (ii) “Specifications” means the specifications of the Works included in the Contract and any modification thereof or addition thereto made or submitted by the contractor and approved by the KPT representative. (iii)”Drawings” means all drawings, calculations and technical information of a like nature provided by the Engineer to the Contractor under the Contract and all drawings, calculations, samples, patterns, models, operation and maintenance manuals and other technical information of a like nature submitted by the Contractor and approved by the Engineer (iv) “Bill of Quantities” means the priced and completed bill of quantities forming part of the Tender. (v) “Tender” means the Contractor’s priced offer to the Employer for the execution and completion of the Works and the remedying of any defects therein in accordance with the provisions of the Contract, as accepted by the Letter of Acceptance. (vi) “Letter of Acceptance” means the formal acceptance by the Employer of the Tender. (vii) “Contract” Agreement” means the contract agreement (if any) referred to in Sub-Clause 9.1. (viii) “Appendix to Tender” means the appendix comprised in the form of Tender annexed to these Conditions.

(c) (i) “Commencement Date” means the date upon which the Contractor receives the notice and the required services are actually commenced as per execution of contract agreement.

(d) (i) “Test on Completion” means the test specified in the Contract or otherwise agreed by the Engineer and the Contractor which are to be made by the Contractor before the Works of any Section or part thereof are taken over by the Employer.

(e) (i) “Contract Price” means the sum stated in the letter of Acceptance as payable to the Contractor for the execution and completion of the Works and the remedying of any defects therein in accordance with the provisions of the Contract. (ii) “Retention Money” means the aggregate of all monies retained by the Employer.

(f) (i) “Works” means the permanent Works and the Temporary works of either of them as appropriate.

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(ii) “Permanent Works” means the permanent works to be executed (including Plant) in accordance with the Contract (iii) “Temporary Works” means all temporary works of every kind (other than Contractor’s Equipment) required in or about the execution and completion of the Works and the remedying of any defects therein. .

(iv) ‘Plant” means machinery, apparatus and the like intended to form or forming part of the Permanent work. (v) “Contractor’s Equipment” means all appliances and things of whatsoever nature (other than Temporary works0 required for the section and completion of the Works and the remedying of any defects therein, but does not include Plant, materials or other things intended to form or forming part of the permanent works. (vi) “Section” means a part of the works specifically identified in the Contract as a Section. (vii) “Site” means the place provided by the Employer where the works are to be executed and any other places as may be specifically designated in the Contract as forming part of the site.

(g) (i) “Cost” means and expenditure properly incurred or to be incurred, whether on or off the Site, including overhead and other charges properly allocable thereto but does not include any allowance for profit. (ii) “day” means calendar day. (iii) foreign currency” means a currency of a country than plan that in which the works are to be located. (iv) “Writing” means any hand-written, type-written, or printed communication including telex, cable and facsimile transmission

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BIMCO Supply Time 2005 Charter Party is made integral part of this Tender subject to Special Conditions of the Contract and amendments made to BIMCO Supply Time 2005 Charter Party through Annexure P (Supplement Annexure). In case of conflict between the BIMCO Supply Time 2005 (as modified by this Tender) and the Special

Conditions of the Contract of this Tender, the latter will prevail to the extent of such conflict.

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PART - IV

SPECIAL CONDITIONS

OF

CONTRACT

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1. INTERPRETATION & DEFINITIONS

These Special Conditions of Contract (SCC) shall not be construed as amendments/revocations of the existing provisions of the other contract documents listed in Clause 1 of the Contract Agreement and/or General

Conditions of Contract (GCC) except as amended/ substituted/added/deleted in these SCC. But if there shall arise any conflict between the intent and meaning of any provisions of the above said other Contract documents and/or GCC and those SCC then the provisions of these SCC shall prevail to the extent of the conflict as expressing the real meaning and intent of the parties notwithstanding anything to the contrary in the

above said other Contract documents and/or GCC.

1.1 a. KPT means the Karachi Port Trust, headed by the Chairman who will employ the Contractor. The

address and contact numbers are as under:

Karachi Port Trust, Eduljee Dinshaw Road, Karachi-74000, Pakistan Tel: 9221 99214320 Fax: 9221 99214329-30

b. The Employer is Karachi Port Trust and the Employer’s representative is General Manager

(Engineering) All Administrative matters pertaining to the Contract are to be decided by Employer / Employer’s Representative and the decisions or instructions are to be complied accordingly by deputed Officer as per Provision of Contract.

c. Contractor means the person/persons or firm or company who’s Tender has been accepted by KPT

for supply of 75 TBP ASD Tug includes the Contractor’s legal personal representative’s successors

and permitted assigns.

d. Work means the work of providing and operating on contract/charter basis 75 TBP ASD Tug (maximum Seven (07) years old capable for handling New Generation Container Vessels & other vessels for operations in Karachi Port , Karachi, Pakistan as directed by the Karachi Port Trust

Harbour Master or his authorized officer / representative for berthing, sailing, shifting, towage, pilotage of Ships or any other conservancy services as per requirement of KPT in accordance with and throughout the currency of the Contract and includes all supplies and performance mentioned in the Contract.

e. Representative means the Deputy Conservator, Karachi Port Trust or any other person duly

appointed by the KPT. The appointed Representative is to assist in fulfilment of Marine Engineering Concerns or implications if any, in order to look after the best operational & technical interests of

KPT pertaining to the Contract. If the Employer / Employer’s Representative so desires, he would act as coordinating officer in correspondence with Contractor and will comply to the Employer / Representative’s decisions and / or Instructions if any, on Employer / Representative behalf, if not advised otherwise by the Employer / Employer’s Representative on contractual matters.

f. ‘Operation’ means the work, being executed in accordance with the Contract and shall include all

services, supplies and performances mentioned therein. This includes but is not limited to operations of berthing/ sailing / towing / escorting / assisting / pilotage of New Generation Container vessels & other vessels or any other services for KPT.

g. Letter of Intent (LOI) means the formal letter of intent issued by the KPT to the Tenderer informing

him of acceptance of his Tender.

h. “Contract” means the Contractual Agreement between KPT and the Contractor for the execution of the works and includes the following documents:

... The Letter of Intent … Letter of Acceptance by Contractor ... The Contract Agreement including BIMCO Supply Time 2005 Charter Party, according to

Guidelines and Clarifications / amendments incorporated as per requirement of KPT (Supplement Annex - P) and any special conditions of Contract

… Tender Documents completely filled, signed and stamped. … Integrity Pact … Any other related documents

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i. ‘Contract Price / Price of the Contract’ means the Price of the accepted Tender as given in Letter of Intent, inclusive of all additions thereto or deductions there from as may be permissible under the provisions of the Contract.

j. ‘Act’ means other than in the context of a statute, the physical action of Tug to meet the work

requirements of Karachi Port Trust as per instruction of the Deputy Conservator as detailed in the Contract documents.

k. ‘Contract/Charter Period’ means as stated in Clause 4.4 of these Special Conditions.

l. ‘Tug/Craft’ means the Tugs/Craft to be supplied by the Contractor to KPT under the Contract.

m. ‘Approved’ means approved in writing including subsequent written confirmation of previous verbal

orders.

n. ‘Approval’ means written approval including the aforementioned. Any data or documents submitted with the Tender are only then deemed approved when expressly so fixed in the Contract.

2. Inspection of Tugs by KPT

The successful Bidder, will make earliest arrangements for initial inspection of his Tugs by KPT team comprising of 03 persons or KPT’s nominated Surveyor at home ports of respective Tug (on expenses to be borne by the Bidder). However, final acceptance of the Tug will be subject to the satisfactory performance

during inspection test / trial for fitness and readiness of the offered Tug on arrival at Karachi Port, to be confirmed by KPT team. It will be verified that all relevant and valid, Original Certificates of Tug and Crew, as per Tender requirement, are available on board Tug (all Photocopies to be provided to KPT). The inspections/trial shall mainly pertains to speed of the Tug, efficient manoeuvring capability, anchoring,

mooring equipment, fire fighting, all navigational equipment on board Tug as per SOLAS requirements shall be in operational state. KPT will not bear any responsibility in case of failure of the Tug either at initial inspections or final inspection test/trial at Karachi Port. The same fitness standards are to be maintained during Charter period.

3. The Rates

All rates should be quoted in US dollars. Payments shall be made in US dollars subject to other provisions of Tender Documents as the case may be.

4. Terms of Operation

4.1 The Contractor shall position the Tug by ___________________, 2016 of required and approved specifications at Karachi Port Trust and commence the operations as per instruction of the Deputy Conservator or its representative of KPT.

4.2 Daily hire rate for the Tug will be on flat rate per day.

4.3 The Tug will be in perfect operational conditions and should remain / maintain sea going class

throughout the contract period, registered with class of Lloyds, BV, DNV GL, NK/ ABS throughout the currency of the contract.

4.4 The Contract/Charter Period for the Tug shall be for a term of three (03) years, (+/- 30 days) which

may be extended for further period, on same terms and conditions, subject to 30 days notice.

4.5 The Tug placed at the services of KPT at Karachi Port shall be deployed as per instructions of Deputy Conservator or any other officer authorized by him.

4.6 HSD/Diesel oil shall be supplied by the Karachi Port Trust for manning, operation and maintenance

during the Contract/Charter Period for 75 TBP ASD Tug on monthly basis. Lubes and other consumables will be the responsibility of the Contractor.

4.7 The Tug must get the time recorded with the control tower of KPT at the beginning and at the end of

any and all Act(s) of Tug.

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5. Act of Tugs

5.1 The Contractor shall be responsible for the complete maintenance and entire operations of the Tug (as

the case may be). Accordingly, the Contractor shall maintain his Tug in fully operational condition, round the clock for KPT use throughout the Charter period.

5.2 KPT may at its own discretion, use the hired Tug of the Contractor/s or of the Authority’s jointly or

separately, as the case may be to attend the works as and when it deems fit.

5.3 The Tug may be allowed ‘OFF’ for maintenance against after prior permission of the KPT representative on the following conditions:

(i) Tug can take one 01 day in every month as maintenance day, if required, and if unutilized it will lapse

and cannot be added with another month. The shipyard and dry docking costs shall be borne by the Contractor. No hire is payable for such day(s).

(ii) The Contract Agreement may be cancelled by KPT for non-performance of the ASD Tug at any time

for more than One (01) month and provided that replacement is not arranged during the Charter

Period.

(iii) Any extra period, not exceeding 07 days in a row The period for the maintenance of the Tug may be allowed would be allowed by the Deputy Conservator or his authorized officer in writing after the

upon written request for the same has been made by the Contractor and availability of substitute tug arranged by the contractor in writing.

(iii) After 07 days of off hire, liquidated damages will be payable by the Contractor in addition to port

charges.

(iv) No hire is payable for such period(s).

5.4 If in the opinion of the representative of KPT an emergency occurs during a shipping incident affecting the safety of life of the workers or of adjoining property, he may direct the Contractor to

carry out all such work or to do all such things as may be necessary in the opinion of the representatives to abate or reduce the risk. The Contractor shall forthwith comply without appeal with any such direction of the KPT representative and he shall determine the amount, if any, of extra payment to be realized from ship for such emergency works by taking into consideration the gazetted

charges for attending the ship to of which charges the Contractor may be entitled to an amount not exceeding @ 40% (prorata amount if more crafts are involved in the emergency work) of the total amount recovered from the ship against such attended work.

5.5 The Contract Agreement may be terminated by KPT for consistent non-performance of Tug and if

replacement is not arranged during the Charter Period. If the Tug is idle for more than One (01) month 30 days, it shall be deemed that the Contractor has failed to perform its work and has materially breached the Contract entitling KPT to terminate the contract and to claim damages.

6. Performance Bond

6.1 The Contractor shall submit a Performance Bond for amount equal to 05% of the Contract Price before signing of the Contract Agreement for due performance of the Contract. The Performance Bond shall be, at the option of the Bidder, in the form of a Bank Guarantee issued by a Scheduled

Bank in Pakistan having at least “AA” rating or from a foreign bank against Counter Guarantee issued by a Scheduled Bank in Pakistan having at least “AA” rating in favour of the Employer. The Performance Bond shall be for the proper and conscientious execution of the Contract by the Contract in the form of a bank guarantee on prescribed form of tender document at Annexure -N/1.

6.2 All cost incurred (inclusive of Stamp duties) in respect of submission of Tender and signing of

Contract and submission of performance bond shall be borne by the Contractor, and KPT will not bear any expenses in this regard whosoever.

21

6.3 The performance bond will be released by KPT not later than 30 days following the date of

completion of Contract.

6.4 The Performance Bond is binding, irrespective of variations, changes or time extension, which are granted or agreed upon. It should be submitted according to the form provided by KPT.

6.5 In case of failure of the Contractors to complete the contract / non performance of this

contract, KPT shall be entitled to claim liquidated damages, which may be deducted from the Bank Guarantee as well as from any outstanding hire. The said amount may be over and above the amount mentioned in the Performance Bank Guarantee.

6.6 The Contractors are fully aware and further acknowledged that the Performance Bank

Guarantee is for the due performance of the contract and it being only 5% of the value of the contract, is a reasonable sum agreed by the parties in order to avoid any complex calculation of damages. The Contractors shall not challenged any act of the KPT towards encashment of the Performance Bank Guarantee, specially shall not apply for injunction against encashment of the Performance Bank Guarantee on any ground whatsoever and further shall also not be entitled to any cost or interest for keeping the Performance Bank Guarantee alive or if the same is enchased by KPT, for any interest, mark-up or profit from KPT towards such encashment.

7. Fitness of Tug

7.1 The Contractor should satisfy the Engineer or any officer authorized by him in respect of fitness of the Tugs by producing valid original certificates, issued by Ship Builder and Lloyds, BV, DNV GL,

NK or ABS duly recognized by G.O.P. for the sea-going class / status of the Tug during Charter period. Photocopies of all Original Certificates to be provided to Charterer / KPT.

2. Cost for such fitness tests and certificates shall be borne by the Contractor.

3. Speed and Performance trials of Tugs will be carried out at Karachi Port by KPT Team including Harbour

Master, Chief Engineer and Marine Consultant/ Surveyor, as indicated earlier at Clause 2 of Special Conditions of Contract.

8. Import Clearance of Tug/Visa & Work Permits/Taxation & Duties

8.1 The Contractor shall be responsible for ensuring that all his crew pay income tax or any other levies under the laws of Pakistan. The Contractor will also be liable for payment of his own corporate / profit taxes, withholding tax and other levies / deductions as required under the laws of Pakistan.

8.2 Contractor shall ensure manning of the Tug at all times as per safe manning certificate issued by Flag

state during the Contract Period for operations and repair / maintenance of the said Tugs.

8.3 Contractor's should manned all the Tug sufficiently so that the working hours can be so arranged to

undertake operations and channel maintenance works in accordance with the instructions of KPT.

8.4 Contractor shall be responsible for the salary, allowances, food, and insurance, medical and travel to and from Pakistan expenses of its crew. Contractor shall be responsible for their onboard/off board the Tugs accommodation. KPT shall provide against payment of costs/rent by the Contractor a small

office and a room for stowage of spare parts within Karachi Port to Contractor’s crew during the Contract Period.

8.5 The Contractor shall at his own expense procure work permits from the competent authorities in order

to be able to employ his foreign personnel in Pakistan. The Contractor shall be responsible for all formalities in connection with passes, procurement of visas, police registration, work permits and expenditures for customs duties for personal property applicable to foreigners employed in Pakistan. If the Contractor so requests the KPT may recommend and assist the Contractor with the proper authorities for the work permits and other formalities applicable to foreigners in Pakistan.

22

8.6 All taxes, levies, charges, license fees whatsoever payable in respect of the Tugs for operations in

KPT or payable abroad shall be the liability of the Contractor.

8.7 Subject to other provision of the Contract Agreement, taxes, duties, charges, import / license fees, in respect of contracted Tug shall be the liability of KPT and if and when paid by the Contractor, same will be reimbursed by KPT. Karachi Port Trust shall not be liable for customs duties/taxes for subsequent substitute/alternate Tug in lieu of the Compatible ASD Tug. Similarly, Taxes, duties, charges, import license fee etc. on the carrier vessels and stamp duty on Contract and Performance/Bid and other Securities in Pakistan shall be the liability of the Contractor.

8.8 The Contractor is solely responsible for all corporations, profit and traded taxes being paid in Pakistan or elsewhere KPT will deduct advance income tax from the payment of the bills of the Contractor in accordance with the prevailing laws of Pakistan. KPT will not assume any liability for such taxes imposed on the Contactor.

8.9 The Contractor shall keep the KPT indemnified against all penalties and liabilities of every kind for

breach of any statue ordinance, law and bylaw. The KPT will not effect any payment whatsoever to the Contractor in this connection as all relevant amounts must have been included by him in the unit prices at the time of submitting his Tender. The Contractor shall obtain at his expense all insurance to be effected under the Contract.

8.10 Import/clearance of Tug at Karachi Port including Customs / Excise / Sales Tax formalities (prior to

commencement of contractual operations) is the responsibility of KPT. 9. Insurance

9.1 The Contractor prior to arrival of Tug at Karachi Port shall arrange at its own costs comprehensive insurance of the Contractor's Tug and Crew during the Contract Period.

10. Damage to persons and property

10.1 The Contractor shall indemnify the KPT against all losses and claims in respect of death of or injury to any person or loss of or damage to any property which may arise out of or in consequence of the

execution of the contract and against all claims. Proceedings, damages, cost charges and expenses whatsoever in respect thereof or in relation thereto.

b. The extent of such damages to KPT’s property and amount of such claims as raised by KPT against

the Contractor shall be finalized and adjusted against any amount of money due or which becomes

due to the Contractor. 11. Third party Insurance

The Contractor shall, without limiting his obligations and responsibilities, ensure obtain insurance in the joint names of the Contractor and the KPT, against liabilities for death of or injury to any person including any employee of the KPT or loss of or damage to any vessel and property including that of the KPT arising out the performance of the Contract

12. Requirement of Insurances

1. The Contractor shall cover all risks incurring to him within this Contract through from an insurance company.

2. The insurance requirements will be effective from the date of arrival of tug and remain valid during currency

of the Contract and for 30 days thereafter.

13. Certificates and Payments

1. The Contractor shall submit bills for hire charges as per agreed terms to the Deputy Conservator after

the end of each month.

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2. The Charterer / KPT is responsible to make the payment of bills within Thirty days (30) from the date of the

submission and verification of bills by the operational department.

3. All monthly payments shall be considered as on account payment and shall be subject to adjustment until

Contractor’s a final bill at the end of Contract is paid. Final bill shall be submitted with an endorsement that the Contractor has no other claim except the amount claimed in the final bill.

14. Anchorage / berthing facilities

The Tug will normally be permitted in station at a place in Karachi Port water to be decided by Deputy Conservator’s Department. Subject to other terms, Nno dues/charges in respect of anchoring/ mooring/ berthing will be levied against the Tug by KPT when while occupying any anchorage, mooring or berth in the port during the currency of Contract. However allocation of mooring of berth if required for the Tug by the Contractor will be provided at KPT’s

convenience at the sole discretion of Deputy Conservator/Harbour Master. 15. Maintenance / Repair Services & Spare Parts

15.1 The Contractor during the Contract Period of the Tugs shall keep the said Tugs and the equipments thereon in good and serviceable condition and repair / replace all missing damaged or broken parts with suitable parts of same type quality and value.

15.2 Maintenance, repairs, consumables (excluding fuel to be provided by KPT under Clause 4.6 & 22 of

these Special Condition of the Contract) and material costs inclusive but not limited to paint, shipyard

and docking costs during the Contract Period of the Tugs shall be borne by the Contractor.

15.3 The maintenance and repairs of the Tug and equipments thereon, unless shipyard and docking facilities are necessitated, shall be performed by the Contractor's crew on board the Tug during the Contract Period.

16.Liquidated damages

16.1 The KPT shall be entitled to recover liquidated damages from the Contractor for non availability of 75 TBP ASD Tugs at double the daily rate offered by the contractor in BOQ.

16.2 In case of failure by the Contractor should to provide Tug continuously over 72 hours, during contract

period on KPT’s demand except during authorized maintenance days,. KPT will deduct day rates offered by the contract Contractual rates or on prorata basis for deployment of the Tug against each unattended / non-operational hour for the required services (BIMCO Charter Party Suspension of Hire

Clause 13 for L.D is applicable).

16.3 If the Tug called for the act through VHF has not physically moved from the place of parking within

30 minute for the required place for the Act the said liquidated damages will be levied for the period of delay from the time VHF message is passed till the time it physically reports for duty as directed by operational department/Harbour Master.

16.4 In case of a delay resulting in cancellation of the Acts by Harbour Master for the entire day due to

failure of the Contractor in providing Tugs at KPT Harbour Master’s demand then the said liquidated

damages would be levied for a period of twenty four hours.

16.5 The liquidated damages for individual defaults under the Contract Agreement shall not be

accumulative but distinct and will be recovered accordingly. Once the maximum liquidated damages

have been reached for any particular default relating to a particular Tug under a liquidated damages provision of the Contract Agreement KPT may terminate the Contract Agreement.

16.6 Contractor’s failure to maintain the Tug in operational condition round the clock as provided in the

Contract and/or as directed by the Operation shall be a just cause for cancellation/termination of the Contract.

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17. Legal basis, Arbitration – settlement of disputes 1. This agreement will be subject to law of Pakistan and Pakistani courts shall have exclusive jurisdiction to hear and determine all actions and proceedings arising out of the Contract. The Contractor hereby submits to the jurisdiction of the Pakistan courts for the purpose of any such actions and proceedings. However the settlement of any disputes between parties in the manner laid down below in sub clause 17.2, 17.3, 17.4 ,17.5 and 17.6 will be a condition precedent to initiating the proceeding in court.

2. In case of any disputes, in connection with or arising out of the Contract the matter shall be referred to the KPT’s representative who shall settle it and give his decision within 15 days after having been requested to do as in writing. The decision of the KPT representative in respect of every matter as referred shall be final and binding upon the

Contractor until completion of works and shall forthwith be given effect by the Contractor, who shall proceed with the works with all due diligence, whether he requires arbitration as hereinafter provided or not. If KPT’s representative has given written notice of his decision to the Contractor and no claim to arbitration has been communicated to him by the Contractor within a period of 15 days from receipt of such notice the said decision shall remain final and binding upon

the Contractor. If the KPT representative fail to give notice of his decision after being requested as aforesaid within a period of 15 days after being requested as aforesaid /or if the Contractor should be dis-satisfied with any such decision then the Contractor may within 15 days after receiving notice of such decision or within 15 days after the expiration of the first name period of 15 days as the case may be require that the matter in dispute be referred to arbitration as

hereinafter provided.

3. This arbitration will be carried out according to the Pakistan Arbitration Act 1940 or any statutory modification or re-enactment thereof for the time being in force. The arbitration will be held in Karachi/Dubai. The

dispute / differences will be submitted to two arbitrators, of whom one will be nominated by the KPT and the other by the Contractor. The arbitrators before entering upon their reference will appoint an umpire by mutual agreement and if they do not agree a judge of superior court should appoint the umpire, the award for arbitrator should be unspoken final and binding on both the parties.

4. All disputes and differences for which the eventual decision of KPT is not final and binding shall be finally settled by the arbitrators / umpire nominated under this provision.

5. The Contractor shall not suspend/abundant the works before/during/after arbitration and if having done so, the Contractor hereby accepts the liability of the loss/damages resulting thereof to KPT.

6. For arbitration initiated by the Contractor and to be held in Dubai, the Contractor shall bear the travel and lodging expenses of at least four (2) representatives of KPT for each hearing to be held in Dubai.

18. Alternative Dispute Resolution

BIMCO Charter Party Relevant Clause 34 (c) and (d) is applicable. In case of dispute, the settlement In case of dispute, the settlement under BIMCO Charter party Clause 34 (c) and (d) the same shall be

done in accordance with Pakistan Arbitration Act, 1940 and the Arbitration/ mediation will be held in Karachi/Dubai subject to the above provisions of Sub Clause 17.6 of these PPC.

19. Termination of Contract

1. That in case either of the parties, i.e. KPT or the Contractor is not satisfied with the performance of other party

then in such circumstance the party aggrieved shall serve a notice to the other part describing the cause of such dissatisfaction and calling upon them to improve its services/working within a period of 7 days.

2. That if such defaulting party upon whom 7 days notice has been served, fails to improve its working/services,

then the party aggrieved shall be entitled to terminate that Contract by giving 30 days notice in writing. During this period, there will be no suspension of work by either party. However, the Contractor may be required to continue his services till such time that alternative arrangement is made by Charterer / KPT.

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20. Unauthorized Occupancy of Berth

In case due to breakdown or any other reason the Tug occupy the berth. If the Tug is occupying a berth, same

will may be shifted to mooring to avoid revenue loss of KPT at the sole discretion of the KPT .

21. Hindrance is Safe Navigation

If due to any mishap or accident of whatever nature any of the Vessel become hindrance in safe navigation or in movement of the vessels within the harbour, it is the responsibility of the Contractor to remove that obstructions within a period of 03 days at his own risk and cost, entirely to the satisfaction of the operational department/Deputy Conservator Otherwise KPT will get it removed at the risk and cost of owner of the Tug and deduct the amount so

incurred from the Contractor’s bills. 22. Supply of Fuel

HSD/Diesel oil shall be supplied by Charterer / KPT the Contractor for, operation and maintenance during the Contract/Charter Period. Proper Fuel Consumption and Balance record and Running Hours of Engines and Tug are to

be maintained daily in a Log book on board by the Contractor staff, which is to be verified by KPT’s Representative. Accordingly daily report of Fuel Consumption, Receipt and Balance on board should be submitted by the Contractor to Representative by email on daily basis. However cost of all types of lubricants for Tug is to be borne by Contractor and accordingly arrangement of lubricants is the sole responsibility of Contractor. 23. Joint Venture

If the Contractor is a Joint Venture, consortium, firm or association, all of the parties shall be jointly and severally liable to KPT for the fulfilment of the provisions of the Contract and shall designate one party to act as a

leader with authority to bind the Joint Venture, consortium, or association. The composition or the constitution of the Joint Venture, consortium, or association shall not be altered without prior consent of KPT.

26

TO BE SUBMITTED SEPRATELY

IN SEALED ENVELOPE

PART -V

FINANCIAL OFFER

27

BILL OF QUANTITY (BOQ) FOR ONE (1) 75 TBP ASD TUGS

(TO BE SUBMITTED WITH SEALED FINANCIAL PROPOSAL)

(1) (2)

A. Bill of Quantities for 75 tons Bollard Pull ASD Tug:-

1. Offer at flat rate per day with full responsibility of operation, maintenance, manning and lubricants for 75 tons bollard pull Compatible ASD Tug (without fuel cost):-

USD

(USD only)

2. Operational Price for 3 years (1095 days) for 75 tons bollard pull ASD Tug equal to USD

per day Tug x 1095 days (a) USD

3. Offer for lumpsum Mobilization/Demobilization per 75 tons bollard pull ASD Tug.

USD

(United States Dollars only)

4. Lumpsum Mobilization/ Demobilization Price for 75 tons bollard pull ASD Tug equal to USD per day.

(b) USD

NOTE: 1. Bills to be raised on monthly basis. 2. Payment shall be made in Pak Rupees equivalent US$ as per State Bank of Pakistan’s quoted rated either of 1st day

or Last day of every month which will be agreed mutually. 3. Mobilization/Demobilization Advance payment of two weeks rental charges against the Tugs, if any, shall be paid

by KPT against Bank Guarantee issued by a Scheduled Bank in Pakistan having at least “AA” rating or from a

foreign bank against Counter Guarantee issued by a Scheduled Bank in Pakistan having at least “AA” rating in favour of KPT. The Mobilization/Demobilization Advance shall be deducted in 24 equal monthly instalments against each monthly bill.

28

PART-VI

ANNEXURES

29

Annex - A

GENERAL INFORMATION Company Name:

………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………… …………………………………………………………………………………………………………………

1. Head Office Address: ………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… Tel. No: …………………………………………… Fax: …………………………………………… E.mail: …………………………………………………………………………………………………

2. Regional Office Address (if any) Address: ……………………………………………………………………………………………………… ………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… Tel. No: …………………………………………… Fax: …………………………………………… E.mail: ………………………………………………………………………………………………… 3. Local Office / Agent Address Address: ……………………………………………………………………………………………………… ………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… Tel. No: …………………………………………… Fax: …………………………………………… E.mail: ………………………………………………………………………………………………… 4. Name and position in the organization, of the person to be contacted. ………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… Tel. No: …………………………………………… Fax: …………………………………………… E.mail: …………………………………………………………………………………………………

30

Annex - B

BIDDER EXPERIENCE FOR

CHARTERING OF 75 TBP ASD TUG

Main Lines of Business relating to Operation of ASD Tug: ………………………………………………………………………………………… …………………………………………………………………………………………

1………………………………………….

2………………………………………….

3…………………………………………..

4………………………………………….

5………………………………………….

6………………………………………….

7………………………………………….

8………………………………………….

Since……………………………………

Since……………………………………

Since ………………………………..

Since ……..…………………………….

Since………..…………………………….

Since ..……………………………….

Since…….……………………………….

Since …………………………………….

Please provide documentary evidence, as maybe applicable.

31

Annex - C

LIST OF CUSTOMERS / CONTRACTS AND ONGOING PROJECTS / OPERATIONS OF ASD TUG

S.NO. NAME OF

CONTRACT VALUE Million

US$

NAME OF

EMPLOYER SUPPLY DATE / SCHEDULED

COMPLETION DATE

TOTAL VALUE

Please provide documentary evidence, as may be applicable.

32

Annex - D

BIDDER FIRM PERSONNEL DETAILS Sector Name(s) Age Total

Experience

Key Qualification/

Education Designation Relevant

Experience (#of years)

Administration

General Management

Technical Management

Others

NOTE: Please provide documentary evidence about Employees and relevant Certificates.

33

Annex - E

BIDDER’S FINANCIAL DATA

A. Summary of assets and liabilities on basis of the audited financial statements of the last three financial years.

(US$ in Millions)

Year Year Year Average 3 years

1 . 2.

3.

4.

5.

6.

7.

Total Assets

Current Assets

Total Liabilities

Current Liabilities.

Net Worth (1-3)

Working Capital (2-4)

Turn Over

B.

1. Names / Addresses of Commercial Banks in the country of origin and local branch providing credit line:

………………………………………………………………………………… ………………………………………………………………………………… ………………………………………………………………………………… ………………………………………………………………………………… …………………………………………………………………………………

2. Approx. amount of credit line:

………………………………………………………………………………… …………………………………………………………………………………

Attach copies of the Bankers Certificates, audited financial statements of the last three financial years.

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Annex-F

TECHNICAL SPECIFICATIONS OF THE OFFERED TUG 75 TONS B.P

(TO BE PROVIDED BY BIDDER FOR THE TUG )

S.NO. DESCRIPTION / INFORMATION

01. 02.

03. 04. 05. 06. 07. 08. 09. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23.

Year of built Length overall Breadth Draft No. of Screws Tug speed at RPM 90% MCR Accommodation Type of propulsion International Classification Society Nature / Type of Sea going Class (as issued by Classification Society) Bollard pull (Steady) Astern Main Engines Power BHP / Kilowatt No. and power of generators Navigational Equipment on wheel house Fire fighting arrangement Life saving equipment Towing arrangement Total Fuel capacity on board Endurance Main Engines average Fuel consumption per hour at rated Speed. Generators average fuel consumption per hour at normal load. Any other information

Note: Documentary proof including relevant certificates of Builder and Lloyd's, BV, DNV GL, NK or ABS approved society to be provided by Bidders.

35

Annex- H

EVALUATION CRITERIA FOR TECHNICAL SPECIFICATIONS OF 75 TONS B.P ASD TUG

(TO BE CONSIDERED FOR TECHNICAL QUALIFICATION OF BIDS) Mandatory Requirement

Remarks 1. Year of Built

Age should not exceed 07 years Yes / No

2. Length overall

32 – 38 meters Yes / No

3. Breadth

10 – 15 meters Yes / No

4. Draft

6.5 meters Yes / No

5. Classification Society Sea-going class (valid)

Lloyd's, BV, DNV GL, NK or ABS Yes / No

6. No. of screws

02 Yes / No

7. Free Running Speed under normal conditions of Sea / Weather

10 Knots (minimum) Yes / No

8. Steady Bollard Pull

Minimum 75 tons Yes / No

9. Propulsion

Azimuth Stern Drive (ASD) Yes / No

10. Towing Arrangement Approved arrangement of sufficient Power, quick release type and appropriate brake holding capacity

Yes / No

11. Navigational Equipment According to SOLAS, required for sea going class vessel

Yes / No

12. Fire fighting Arrangement According to SOLAS and as required for sea going class vessel

Yes / No

Note: Documentary proof, including relevant certificates of Builder and Lloyd's, BV, DNV GL, NK or ABS approved society to be provided by Bidders.

36

Annex-K

NON JUDICIAL STAMP PAPER OF APPROPRIATE VALUE INTEGRITY PACT

________________ hereby declares that it has not obtained or induced the Procurement of any contract, right, interest, privilege or other obligation or benefit from Government of

Pakistan or any administrative sub-division or agency thereof or any other entity owned or controlled by it (GoP) through any corrupt business practice.

Without limiting the generality of the foregoing ______________ represents and (The Contractor)

warrants that it has fully declared the brokerage, commission, fees etc., paid or payable to any one and not given or

agreed to give and shall not give or agreed to give to anyone without or outside Pakistan either directly or indirectly through any natural or juridical person, including its affiliate, agent, associate, broker, consultant, director, promoter, shareholder, sponsor or subsidiary, any commission, gratification, bribe finder’s fee or kickback, whether described as consultation fee or otherwise, with the object of obtaining or including the procurement of a contract, right, interest, privilege or other obligation or benefits in whatsoever from GoP, except that which has been expressly declared pursuant hereto.

_____________ certifies that it has made and will make full disclosure of all (The Contractor)

Agreements and arrangements with all persons in respect of or related to the transiting with GoP and has not taken any action or will not take any action to circumvent the above declaration, representation or warrant.

____________ accepts full responsibility and strict liability for making any false (the Contractor)

declaration, not making full disclosure, misrepresenting facts or taking any action likely to defeat the purpose of this declaration, representation and warranty. It agrees that nay contract, right , interest, privilege or other obligation or

benefit obtained or procured as aforesaid shall, without prejudice to any other right and remedies available to GoP under any law, contract or other instrument, be void able at the option of GoP.

Notwithstanding any rights and remedies exercised by GoP in this regard, (the Contractor) agrees to indemnify GoP for any loss or damage incurred by it on account of its corrupt business practices and further pay compensation to

GoP in an amount equivalent to ten time the same of any commission, gratification, bribe, finder’s fee or kickbacks given by (the Contractor) as aforesaid for the purpose of obtaining or inducing the procurement of any contract, right, interest, privilege or other obligation or benefit in whatsoever from GoP.

37

INTEGRITY PACT

DECLARATION OF FEES, COMMISSIONS AND BROKERAGE ETC. PAYABLE BY THE SUPPLIERS/CONTRACTORS OF GOODS, SERVICES & WORKS

M/s ___________________________ (the Contractor), hereby declares its intention not to obtain or induce the procurement of any contract, right, interest, privilege or other obligation or benefit from Government of PAKISTAN or any administrative subdivision or agency thereof or any other entity owned or controlled by it (GoP) through any corrupt business practice. Without limiting the generality of the foregoing, M/s ___________________________, represents and warrants that it has fully declared the brokerage, commission, fees etc. paid or payable to anyone and not given or agreed to give and shall not give or agree to give to anyone within or outside PAKISTAN either directly or indirectly through any natural or juridical person, including its affiliate, agent, associate, broker, consultant, director, promoter, shareholder, sponsor or subsidiary, any commission, gratification, bribe, finder’s fee or kickback, whether described as consultation fee or otherwise, with the object of obtaining or including the procurement of a contract, right, interest, privilege or other obligation or benefit in whatsoever form from GoP, except that which has been expressly declared pursuant hereto. M/s _________________________________, certifies that it has made and will make full disclosure of all agreements and arrangements with all persons in respect of or related to the transaction with GoP and has not taken any action or will not take any action to circumvent the above declaration, representation or warranty. M/s _________________________________, accepts full responsibility and strict liability for making any false declaration, not making full disclosure, misrepresenting facts or taking any action likely to defeat the purpose of this declaration, representation and warranty. It agrees that any contract, right, interest, privilege or other obligation or benefit obtained or procured as aforesaid shall, without prejudice to any other right and remedies available to GoP under any law, contract or other instrument, be void able at the option of GoP. Notwithstanding any rights and remedies exercised by GoP in this regard, M/s________________________, agrees to indemnify GoP for any loss or damage incurred by it on account of its corrupt business practices and further pay compensation to GoP in an amount equivalent to ten time the sum of any commission, gratification, bribe, finder’s fee or kickback given by M/s _________________________________, as aforesaid for the purpose of obtaining or inducing the procurement of any contract, right, interest, privilege or other obligation or benefit in whatsoever form from GoP.

_____________________

Contractor

38

Annex- L

EVALUATION CRITERIA FOR TECHNICAL QUALIFICATION OF BIDS

The Evaluation Criteria for applicant firms / bids is given as under:

MANDATORY REQUIREMENTS:

1. Tugs–of class Lloyd's, BV, DNV GL, NK or ABS 2. General compliance to requirements / Criteria of Technical specifications for offered Tug 3. Last three years audited Financial Statements (Income statement and balance sheet).

4

.

Professional Capability of Firm and Professionals Professional Management of the Firm for required Services a. Tug Master – With first Class Certificate of Competency

Minimum ASD Tug handling experience – 5 Years Chief Engineer – With first Class Certificate of Competency

Minimum ASD Tug handling experience – 5 Years Operational Staff on board offered Tug,

(Including experienced Chief Engineer and Master with relevant Certificate of

Competency) compliant to statutory requirement of “Safe Manning” as per sea going

Class/ Mercantile Marine department (MMD) Government of Pakistan

YES

YES

YES

NO NO

NO

Professional Experience of Bidder Firm to deliver Services of Hired Tug Sufficient Port Experience for Operation & maintenance of tugs s at various Terminals Minimum 5 Years

Sufficient Experience for providing services of Tug Minimum 5 Years including Crew

Track record / reference for satisfactory work Minimum 5 years

YES

YES

YES

NO

NO

NO

39

5.

Financial Soundness a. Working Capital (current assets – current liabilities)

USD. 2.0 million and above

b. Average Turnover (Gross Revenue) of last three years

USD. 10.0 million and above c. Net worth

USD. 20.0 million and above

d. Last Three Years Audited financial statements submitted

YES

YES

YES

YES

NO

NO

NO

NO

40

ON STAMP PAPER Annex- M

FORM OF CONTRACT (For Chartering of 75 TBP ASD Tug)

THIS CONTRACT AGREEMENT made at Karachi, Pakistan on this day of , 2016 Between Karachi Port Trust, Karachi, Pakistan Eduljee Dinshaw Road, Karachi-74000, Pakistan (hereinafter referred to as "KPT" which expression as and when the context so requires shall include its successors-in-interest and assignees) of

the one part AND M/s. a Sole Proprietorship/ Partnership/Joint Venture/incorporated Company having its office at (hereinafter referred to as "Contractor" which expression as and when the context so requires shall include its successors-in-interest and assignees) of the second part. WHEREAS the KPT had invited tenders for chartering of 75 TBP ASD tug for a period (03) years on Contract/Charter basis (maximum Seven (07) years old) capable of handling Ships calling at Karachi Port. Karachi, Pakistan; and WHEREAS KPT has accepted the Tender submitted by the Contractor for supply of the above mentioned 75 Tons

Bollard Pull Tug namely ____________________ or substitute at a daily rate of US$ _______________(United States Dollars ______________only) total fixed lumpsum of (Total for 1095 days USD (U.S. Dollars only ). NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:- 1. The following documents shall be deemed and construed to form an integral part of this Contract Agreement:-

(a) Notice of Invitation to Tender; (b) Tender/Bid/Bill of Quantities and technical schedules submitted by Contractor; (c) Technical Specifications submitted by the Contractor for 75 TBP ASD Tugs (d) General Conditions of Contract; (e) Particular Conditions of Contract; (f) Schedules/Appendices/Annexure/Corrigendum’s/Addendums to the Tender; (g) Letter of Intent; (h) Letter of Acceptance of the Lesser/Supplier; (i) Performance Bond; (j) Insurance Policies; (k) Integrity Pact; (l) KPT requirements BIMCO Time Charter Party- Supply Time 2005 (Annexure -P) (m) Any and all other documents signed / relevant to the Contract.

2. In consideration to be made by KPT to the Contractor as indicated in this Contract Agreement the Contractor

covenants with the KPT for the Contract/Charter of the aforesaid Tug under the Contract Agreement and undertakes to execute and complete the works/operations/obligations specified in the Contract Agreement and remedy defective works/operations in conformity with the provisions of the Contract Agreement.

3. The KPT hereby covenants to pay to the Contractor in consideration of Contract/ Charter of the aforesaid Tug

and execution and completion of the works/operations/obligations specified in the Contract Agreement and remedying of defective works/ operations therein the Contract Price or such other sums as may become payable under the provisions of the Contract Agreement at times and manner prescribed by the Contract Agreement.

IN WITNESS WHEREOF the parties hereto have caused this Contract Agreement to be executed in accordance with the laws of Pakistan on the day, month and year first mentioned above:-

For Karachi Port Trust :- Signature:- Name:- Designation:-

WITNESS Signature:- Name:- Address:-

For Contractor :- Signature:- Name:- Designation:-

WITNESS Signature:- Name:- Address:-

41

Annex ____N

BANK GUARANTEE FORM IN RESPECT OF EARNEST MONEY (To be furnished on stamp paper of appropriate value)

Bank Guarantee No.___________ Dated ____________ Amount US$ 200,000

KARACHI PORT TRUST, Edulee Dinshaw Road, Karachi-74000 Dear Sirs, M/s __________________________________ (hereinafter called “the Bidder”) are submitting their bid against your tender for chartering of 75 TBP ASD tug for a period (03) years on Contract/Charter basis and have requested us to issue a Bank Guarantee for US$ 200,000 (US$ Two hundred thousand only) in your favour as Earnest Money to ensure their compliance with conditions of the bid / offer submitted by them. Therefore, we hereby agree to pay unconditionally forthwith to you/KARACHI PORT TRUST, the aforesaid amount of US$ 200,000 (US$ Two hundred thousand only) as and when required by you, without any reference to the bidder, that the bidder has failed to fulfil the terms and conditions of the bid/offer and without any further statement of particulars of such failure from you and notwithstanding any contention of the bidder. The sole judge for deciding whether the bidder has failed to fulfil the terms and conditions of the bid / offer shall be KARACHI PORT TRUST in its sole discretion. The Guarantee is valid upto 120 days from date of opening of tender. Claim, if any, must be received by us in writing on or before _________________ after which we will no longer be liable to make payment to you and we shall be released and discharged from all our liabilities hereunder, unless validity of the same has been extended by us. The guarantee will automatically and immediately become null and void if the contract is awarded to another bidder and a formal Contract is signed by KPT in the favour of said another bidder. Our liability under this Guarantee shall in any case NOT exceed the sum of US$ 200,000/- (US$ Two hundred thousand only) This Guarantee should be returned to us as soon as it expires or becomes null and void irrespective of its return, we will consider ourselves full released and discharged from all our obligations and commitments on its expiry date mentioned above.

Yours faithfully, _________________ Bank Limited

42

Annex-N/1

PERFORMANCE BANK GUARANTEE FORM IN RESPECT OF CONTRACT

(To be furnished on stamp paper of appropriate value)

Bank Guarantee No.___________ Dated ____________ Amount US$ _________

Expiring on______________ KARACHI PORT TRUST, Edulee Dinshaw Road, Karachi-74000

WHEREAS KARACHI PORT TRUST having its registered office at Eduljee Dinshaw Road, Karachi, (hereinafter called “KPT”) by way of a Letter of Acceptance dated _____________ has accepted the bid of M/s _______________________________ (hereinafter called “the Contractor”) for the tender for chartering of 75 TBP ASD tug for a period (03) years on Contract/Charter. AND WHEREAS in accordance with the provision of the tender documents, the Contractor is required to furnish a bank guarantee for the due performance and observance of all the terms provisions and stipulations of the contract by the Contractor has requested _________________ Bank Limited to issue the said guarantee for an amount of US$/Rupees________________________ _______________________(United States Dollar/Rupees_______________________________) equivalent to 5 (five) percent of the total value shown in the Letter of Acceptance. In consideration of the premises, we_______________________________ Bank Limited ________ ______________ hereby guarantee irrevocably and unconditionally to pay to the KPT forthwith without reference to the Contractor on the first demand of the KPT on the fist demand of the KPT in writing stating that the Contractor has committed a default under the contract without any further statement of the particulars of such default and notwithstanding any contestation by the Contractor an amount not exceeding US$/Rs._______________ (United States Dollar/Rupees______________________________________________) and we ______________________________ Bank Limited hereby further declare that no alteration in the terms of the contract or in the scope extent of nature of the work therein and no allowances of time by the KPT under the contract nor any forbearance or forgiveness in or in respect of any matter or thing concerning the contract on the part of KPT shall in any way release this Bank from any liability under this guarantee. The validity of this guarantee shall expire after not later than 30 days of the completion of contract. After its expiry the KPT shall return this guarantee to the Contractor for cancellation by this bank.

NAME OF BANK WITH ADDRESS:

____________________________________ AUTHORISED OFFICERS OF THE BANK

43

Annex-O MOBILIZATION COST ADVANCE PAYMENT GUARANTEE

MOBILIZATION COST ADVANCE PAYMENT GUARANTEE WHEREAS KARACHI PORT TRUST having its registered office at Eduljee Dinshaw Road, Karachi, (hereinafter called “KPT”) by way Contract dated _____________ with M/s _______________________________ (hereinafter called “the Contractor”) awarded the tender for chartering of 75 TBP ASD tug for a period (03) years on Contract/Charter . AND WHEREAS in accordance with the provision of the Contract read with the tender documents, the Mobilization/Demobilization Advance payment of two weeks rental/hire charges against the Tug(s), if any, shall be paid by KPT against Bank Guarantee issued by a Scheduled Bank in Pakistan having atleast “AA” rating or from a foreign bank against Counter Guarantee issued by a Scheduled Bank in Pakistan having atleast “AA” rating in favour of KPT. The Mobilization/Demobilization Advance shall be deducted in 24 equal monthly installments against each monthly bill. AND WHEREAS KPT has agreed to advance the Contractor, at our/Bank’s request, an amount of Rs.___________(Rupees_________________________) to be used for the mobilization of. In consideration of the KPT making the advance to the Contractor; we jointly and severally i.e. the Contractor and the bank hereby guarantee that the Contractor named above shall use the advance for the above works towards rental/hire of the Tugs and related expenses, and if they fail or commit any default under the aforesaid contract, we shall be liable to KPT for the payment of the amount in respect of which they have so failed not exceeding the aforementioned sum. Notice in writing of any lapse or default on the part of the Contractor will be given by KPT to us and on first demand for a sum up to a limit of the guarantee amount from KPT, payment of the amount demanded shall be made by us/the bank, without reference to the Contractor and without question as to whether there was default or lapse on the part of the Contractor. KPT shall be the sole judge in fulfilment of any obligation for which the advance payment is made to the Contractor and the decision of KPT in this behalf shall be final and binding on us and no dispute or question will be raised by us. The said advance payment is to be recovered if possible against payment(s) from the running bills of the Contractor in accordance with the provision of the Contract. However, both of us fully understand that KPT is under no duty to first claim the defaulted amount from the Contractor. KPT can directly and independently claim the defaulted amount from the bank. This guarantee shall remain in force until the payment for the running bills of the Contractor or until ______________ (state completion date whichever date is earlier). The aforesaid guarantee is binding on us and is irrevocable.

SIGNED, SEALED AND DELIVERED on the presence of: Contractor Witness

_______________________ Name:

(affix rubber stamp/company seal) CNIC:

Name of the person signing on behalf of the Contractor Address:

Bank/Surety Witness

_______________________ Name:

(affix rubber stamp/bank seal) CNIC:

Address:

44

SUPPLEMENT

ANNEX

45

Annex-P

GUIDELINES (AS PER REQUIREMENT OF KPT) TO FILL BLANK COLUMNS / FORMAT OF

BIMCO SUPPLY TIME 2005 CHARTER PARTY The following Guidelines, as per requirement of KPT have been specified for information and necessary agreement of Bidders. According to these guidelines, relevant entries to be incorporated in corresponding columns of BIMCO Charter Party at stage of Contract Agreement between Charterer (KPT) and Successful Bidder (Contractor) of the Tug. As regard, remaining Columns / Clauses of BIMCO Charter Party, the information pertains either to successful Bidder / Contractor or the Clauses may be attended with mutual agreement in line with BIMCO Charter Party.

BIMCO Supply Time 2005 Charter Party

PART – I Box 1 Place and date of Contract

Karachi Port , Karachi, Pakistan Box 7 Port or Place of delivery

Karachi Port , Karachi, Pakistan Box 8 Port or Place redelivery / notice of redelivery

i. Karachi Port , Karachi, Pakistan ii. Fourteen (14) days

Box 9 Period of Charter Three years (+ / - 30 days) Duration of Charter Period of Tug should cater for provision of plus / minus 30 days, for unhindered

shipping operations and any other services in Port and its approaches. Box 10 Extension of period of charter

Further extension possible on mutual agreement on same terms and conditions. Box 16 Area of operation

Within Karachi Port limits and Approaches Box 19 Bunkers

HSD/Diesel oil shall be supplied by the KPT/Charterer for manning, operation and maintenance during the Contract/Charter Period However, for any Lubricants, any supply or payment is not to be made by Charterer

Box 20 Charter Rate to be in US Dollars at flat rate per day

Box 21 Extension Charter On mutual consent

Box 22 Invoicing for charter and other payments Invoice to be raised every month

Box 24

Payment of charter 30 days, from the date of receiving invoice

Box 25

Interest rate payable 1% per month or part thereof pro rata

Box

26

Maximum audit period Charter period

Box 27

Meals Not applicable

Box 28

Accommodation Not applicable

Box 29

Sublet Not Applicable

46

Box 30

War Cancellation As per BIMCO CP

Box 31

General Average Pakistan / Dubai

Box 32 Taxes Excluding taxes and duties in respect of the import of the Tugs in Pakistan but inclusive of corporate

/personal income taxes leviable of Contractor/Crew.

Box 33

Breakdown Maximum 30 days

Box 34 Clause

34

Relevant Clause 34 (a) / (c) is applicable. Pakistani law shall governed the contract. Arbitration in accordance with Arbitration Act 1940. Arbitration/mediation to take place either in Karachi or Dubai. Clause 17 of Special Conditions of the Contract to apply. BIMCO Dispute Resolution Relevant Clause 34 (a) / (c) is applicable in accordance with Arbitration Act 1940. Arbitration/mediation to take place either in Karchi or Dubai. Clause 34 (a) / (c) as agreed. Either in Pakistan or Dubai.

Box 35 Numbers of additional clauses covering special provision. If any, agreed between Charterer and Tug Owner.

With reference to this Contract agreement, Instructions to Tenderers, General and Special Conditions of Tender Documents (not mentioned in this BIMCO Charter party / related Documents), have been / to be complied accordingly

by Tenderers in this Contract. It is also mutually agreed that the Contract of hiring Tug shall be performed, according to BIMCO supply time 2005 Charter Party, consisting of Part-I and Part-II, including entries / as per requirement of Charterer (KPT), as well as

Annex “A” and Annex “B” as annexed to this Charter. In the event of a conflict of conditions, the provision of Part - I shall prevail over those of Part - II and Annex “A” and Annex “B” to the extent of such conflict but no further.

Annex-A – Tug’s Specifications of all relevant parameters to be filled in by the Contractor / Owner. Annex-B – Insurance policies (as applicable) to be procured and maintained by the Contractor / Owner.

47

Part II

SUPPLY TIME 2005, TIME CHARTER PARTY FOR OFFSHORE SERVICE VESSELS Definition Definitions of ‘Well’ and ‘Offshore Unit’ to be deleted being irrelevant.

Clause 14(b)

Clause 14 (b) to be deleted.

Clause 10

Bunkers HSD/Diesel oil shall be supplied by the KPT/Charterer for manning, operation and maintenance during

the Contract/Charter Period However, for any Lubricants, any supply or payment is not to be made by Charterer.

Clause 24

BIMCO Ice Clause for Time Charter Parties This clause is not applicable and to be deleted.

Clause 30

Taxes Within the day rate, the Owners shall be responsible for all present taxes. Any increment in taxes during currency of contract will be paid by KPT .the owner.

Clause 34

BIMCO Dispute Resolution (c) and (d) Relevant Clause 34 (a) / (c) is applicable. Pakistani law shall governed the contract. in accordance Arbitration with in accordance with Arbitration Act 1940. Arbitration/mediation to take place either in Karachi or Dubai. Clause 17 of Special Conditions of the Contract to apply.

Clause 35

All clauses mentioned in form of Contract (Annexure M) including Special Conditions of the Contract and amendments made to BIMCO Supply Time 2005 Charter Party through Annexure P (Supplement Annexure). Number of additional Clauses covering special provision, if agreed Any Clauses if agreed mutually