Amendments to the RFP Document for Development of Multipurpose berth to handle Clean Cargo including containers on Build, Operate & Transfer (BOT) Basis Bidders to note that, the following amendments are issued for the RFP Documents. Amendment: 1 (Appendix 12 of DCA – RFP Vol – III) Appendix 12 of DCA shall be replaced as follows: PARADIP PORT TRUST REFERENCE TARIFF SCHEDULE FOR THE MULTIPURPOSE CARGO BERTH. CHAPTER 1 – DEFINITIONS & GENERAL TERMS & CONDITIONS 1.1. DEFINITIONS – GENERAL (i). “Coastal vessel” shall mean any vessel exclusively employed in trading between any port or place in India to any other port or place in India having a valid coastal license issued by the competent authority. (ii). “Foreign-going vessel” shall mean any vessel other than Coastal vessel. (iii). “FCL” means Containers said to contain Full Container Load. (iv). “LCL” means Containers said to contain Less than full Container Load (Container having cargo of more than one importer/exporter). (v). “Hazardous container” means a Container containing hazardous goods as classified under IMO. (vi). “Import container” means a container discharged from one vessel, stored in container yard and transported out through Road or Train. (vii). “Export container” means a container arrived by road or Train, stored in container yard and loaded on the assigned vessel. (viii). “Port area” means the custom bound area / Port operational Area of the Port. (ix). “Normal Container” shall mean general type containers, not falling under special categories mentioned subsequently. (x). “Reefer Container” shall mean a refrigerated container used for carriage of perishable goods with provision for electrical supply to maintain the desired temperature. (xi). “Hazardous Container” shall mean a container containing hazardous goods as classified under IMO. (xii). “Transshipment Container” shall mean a container, which is discharged from one vessel, stored in the yard and transported through other vessel. 1.2. (xiii). “Over dimensional Container” shall mean a container carrying over dimensional cargo beyond the normal size of standard container and needing special devices like slings, shackles, lifting beam etc. They also include damaged containers and other types which require special devices. (xiv). “Shut out Container” shall mean a container which enters into the port as an export intake for a particular vessel (as indicated by the Vessel Identification Advice Number, i.e. VIA No.) and is not connected to the particular vessel for reasons whatsoever, then the container is termed to be a shutout container. (xv). “Back to Town Container” shall mean a container entering the port for export but unable to be exported for whatever reason and taken back to town.” (xvi). “VIAN” means Vessel Identification Advise Number. (xvii). “Per day” means per calendar day unless otherwise stated. GENERAL TERMS & CONDITIONS (i) (a). A foreign going vessel of Indian Flag having a General Trading License can convert to Coastal run on the basis of a Customs Conversion Order. (b). A foreign going vessel of Foreign Flag can convert to coastal run on the basis of a Coastal Voyage License issued by the Director General of Shipping. (c). In cases of such conversion, coastal rates shall be chargeable by the load port from the time the vessel starts loading coastal goods. (d). In cases of such conversion coastal rates shall be chargeable only till the vessel completes coastal cargo discharging operations; immediately thereafter, foreign going rates shall be chargeable by the discharge ports. (e). For dedicated Indian coastal vessels having a Coastal Licence from the Director General of Shipping, no other document will be required to be entitled to Coastal rates. (ii). The status of the vessel, as borne out by its certification by the Customs or the Director General of Shipping, shall be the deciding factor for classifying into ‘coastal’ or ‘foreign going’ category for the purpose of levying vessel related charges; and, the nature of cargo or its origin will not be of any relevance for this purpose. (iii). Vessel related charges shall be levied on Ship-owners/Steamer Agents. (iv). (a). The Vessel related charges for all Coastal vessels should not exceed 60% of the corresponding charges for other vessels. (b). The container related charges for all Coastal should not exceed 60% of the normal container related charges. (c). In case of container related charges, the concession is applicable on composite box rate. Where itemized charges are levied, the concession will be on all the relevant charges for ship-shore transfer, and transfer from / to quay to / from storage yard as well as wharfage on cargo and containers. (v). (vi). (d). For the purpose of this concession, container from a foreign port which reaches an Indian Port ‘A’ for subsequent transshipment to Indian Port ‘B’ will also qualify insofar as the charges relevant for its coastal voyage. In other words, cargo/containers from/to Indian Ports carried by vessels permitted to undertake coastal voyage will qualify for the concession. (e). The charges for coastal containers / vessels shall be denominated and collected in Indian Rupee. Interest on delayed payments / refunds: (a). The user shall pay penal interest on delayed payments under this Scale of Rates. Likewise, the operator shall pay penal interest on delayed refunds. (b). The rate of penal interest will be 2% above the Prime Lending Rate of State Bank of India (SBI). The penal interest rate will apply to both the operator and the port users equally. (c). The delay in refunds will be counted only 20 days from the date of completion of services or on production of all the documents required from the users, whichever is later. (d). The delay in payments by the users will be counted only 10 days after the date of raising the bills by the operator. This provision shall, however, not apply to the cases where payment is to be made before availing the services / use of Port Trust’s properties as stipulated in the Major Port Trust Act and / or where payment of charges in advance is prescribed as a condition in this Scale of Rates. All charges worked out shall be rounded off to the next higher rupee on the grand total of each bill. CHAPTER 2 – CONTAINER RELATED CHARGES 2.1. GENERAL TERMS AND CONDITIONS: (i). A container originally declared as transshipment container, subsequently moved by rail or road will lose its identity as a transshipment container and shall be treated as a normal import container and prescribed charges as applicable shall be payable. (ii). Containers less than and up to 20’ will be reckoned as one TEU (Twenty Equivalent Unit) and more than 20’ and up to 40’ will be reckoned as one FEU (Forty Equivalent Unit) for the purpose of tariff. (iii). All charges for containers more than 20' in length and up to 40' in length will be 150 per cent of the applicable charges prescribed. (iv). Containers other than that of standard size requiring special devices/slings/handling will be charged twice the applicable rates. Such containers will also include damaged containers and any other type requiring special devices. 2.2. CONTAINER RELATED CHARGES. The following consolidated charges for handling and movement of container shall be payable by the Shipping Lines or Agents of vessels or cargo agents for services rendered in respect of containers and containerized cargo passing through the port. a. Normal Containers Description Sl. No. 1 2 From Ship to container yard or vice versa From container yard to Railway flat or vice versa (ICD Container Rail only) From Container yard to Truck or vice versa (direct delivery and export intake) 3 Reefer Containers Description Sl. No. 1 2 From Ship to container yard or vice versa From container yard to Railway flat or vice versa (ICD Container Rail only) From Container yard to Truck or vice versa (direct delivery and export intake) 3 Hazardous Containers Description Sl. No. 1 2 From Ship to container yard or vice versa From container yard to Railway flat or vice versa (ICD Container Rail only) From Container yard to Truck or vice versa (direct delivery and export intake) 3 S. No. 1 2 3 4 Handling Charges Transhipment Containers Description 1 – 3000 TEUs 3001 – 6000 TEUs 6001 – 9000 TEUs Thereafter. Rate per TEU (in ` ) Foreign Container Coastal Container Loaded Empty Loaded Empty 3755.04 3032.92 2253.03 1819.75 1877.52 1877.52 1877.52 1877.52 577.70 577.70 577.70 577.70 Rate per TEU (in ` ) Foreign Container Coastal Container Loaded Empty Loaded Empty 3755.04 3032.92 2253.03 1819.75 1877.52 1877.52 1877.52 1877.52 577.70 577.70 577.70 577.70 Rate in ` Foreign Coastal Container Container Loaded Loaded 4694.65 2817.13 2346.48 2346.48 722.12 722.12 Rate per TEU (in ` ) Foreign Container Coastal Container Loaded Empty Loaded Empty 4332.74 3755.04 2599.64 2253.03 4043.89 3466.2 2426.33 2079.72 3755.04 3177.34 2253.03 1906.4 3466.2 2888.49 2079.72 1733.1 Notes (i). Rate is based on total TEUs brought by the Shipping Lines or agents in the same financial year. (ii). A container originally declared as transshipment container, subsequently moved by rail or road will lose its identity as transshipment container and shall be treated as a normal import container and prescribed charges as applicable shall be payable. Over Dimensional Cargo Containers Description Sl. No. 1 2 3 From Ship to container yard or vice versa From container yard to Railway flat or vice versa (ICD Container Rail only) From Container yard to Truck or vice versa (direct delivery and export intake) Note: b. Rate per TEU (in ` ) Foreign Container Coastal Container Loaded Empty Loaded Empty 7510.09 6065.83 4506.05 3639.5 3755.04 3755.04 3755.04 3755.04 1155.4 1155.4 1155.4 1155.4 The consolidated charges as above include the following elements, viz. stevedoring, use of Gantry crane, use of transfer crane, wharfage on tare weight of containers, wharfage on containerized cargo, transportation and contribution towards railway infrastructure. Dwell time charges for container, stored in the port premises: Sl. No 1 2 3 Particulars Non-ICD/ CFS Import – loaded First 2 days 3-6 days 7-9 days 10-12 days 13-15 days 16-18 days 19-22 days 23-26 days 27-30 days Thereafter Non - ICD/ CFS Import - Empty First 2 days 3-6 days 7-9 days 10-12 days 13-15 days 16-18 days 19-22 days 23-26 days 27-30 days Thereafter Non - ICD/ CFS Export - Loaded First 3 days 4-6 days 7-9 days 10-12 days 13-15 days 16-18 days 19-22 days 23-26 days Rate per container per day or part thereof (In `) Upto 20’ in Over 20’ upto 40’ in Above 40’ in length length length Free 459.19 546.23 649.67 772.04 917.11 1091.2 1298.08 1542.81 1835.48 Free 918.37 1092.46 1299.35 1544.08 1834.22 2182.4 2596.17 3085.63 3670.97 Free 1377.56 1638.69 1949.02 2316.11 2751.33 3273.59 3894.25 4628.44 5506.45 Free 459.19 546.23 649.67 772.04 917.11 1091.2 1298.08 1542.81 1835.48 Free 918.37 1092.46 1299.35 1544.08 1834.22 2182.4 2596.17 3085.63 3670.97 Free 1377.56 1638.69 1949.02 2316.11 2751.33 3273.59 3894.25 4628.44 5506.45 Free 459.19 546.23 649.67 772.04 917.11 1091.2 1298.08 Free 918.37 1092.46 1299.35 1544.08 1834.22 2182.4 2596.17 Free 1377.56 1638.69 1949.02 2316.11 2751.33 3273.59 3894.25 Sl. No 4 5 6 7 8 Particulars 27-30 days Thereafter Non - ICD/ CFS Export - Empty First 3 days 4-6 days 7-9 days 10-12 days 13-15 days 16-18 days 19-22 days 23-26 days 27-30 days Thereafter CFS Import loaded - moved by road First 2 days 3-6 days 7-9 days 10-12 days 13-15 days 16-18 days 19-22 days 23-26 days 27-30 days Thereafter CFS Import empty - moved by road First 2 days 3-6 days 7-9 days 10-12 days 13-15 days 16-18 days 19-22 days 23-26 days 27-30 days CFS Export loaded - moved by road First 3 days 4-6 days 7-9 days 10-12 days 13-15 days 16-18 days 19-22 days 23-26 days 27-30 days CFS Export empty- moved by road First 3 days 4-6 days 7-9 days 10-12 days 13-15 days 16-18 days 19-22 days 23-26 days 27-30 days Rate per container per day or part thereof (In `) Upto 20’ in Over 20’ upto 40’ in Above 40’ in length length length 1542.81 3085.63 4628.44 1835.48 3670.97 5506.45 Free 459.19 546.23 649.67 772.04 917.11 1091.2 1298.08 1542.81 1835.48 Free 918.37 1092.46 1299.35 1544.08 1834.22 2182.4 2596.17 3085.63 3670.97 Free 1377.56 1638.69 1949.02 2316.11 2751.33 3273.59 3894.25 4628.44 5506.45 Free 459.19 546.23 649.67 772.04 917.11 1091.2 1298.08 1542.81 1835.48 Free 918.37 1092.46 1299.35 1544.08 1834.22 2182.4 2596.17 3085.63 3670.97 Free 1377.56 1638.69 1949.02 2316.11 2751.33 3273.59 3894.25 4628.44 5506.45 Free 459.19 546.23 649.67 772.04 917.11 1091.2 1298.08 1542.81 Free 918.37 1092.46 1299.35 1544.08 1834.22 2182.4 2596.17 3085.63 Free 1377.56 1638.69 1949.02 2316.11 2751.33 3273.59 3894.25 4628.44 Free 459.19 546.23 649.67 772.04 917.11 1091.2 1298.08 1542.81 Free 918.37 1092.46 1299.35 1544.08 1834.22 2182.4 2596.17 3085.63 Free 1377.56 1638.69 1949.02 2316.11 2751.33 3273.59 3894.25 4628.44 Free 459.19 546.23 649.67 772.04 917.11 1091.2 1298.08 1542.81 Free 918.37 1092.46 1299.35 1544.08 1834.22 2182.4 2596.17 3085.63 Free 1377.56 1638.69 1949.02 2316.11 2751.33 3273.59 3894.25 4628.44 Sl. No 9 10 11 Rate per container per day or part thereof (In `) Upto 20’ in Over 20’ upto 40’ in Above 40’ in length length length ICD Import and Export loaded or empty - moved by rail First 5 days Free Free Free 6-15 days 917.11 1834.22 2751.33 16-30 days 1835.48 3670.97 5506.45 Thereafter 3670.97 7341.93 11012.9 Particulars Transhipment - Loaded First 15 days 16-30 days Thereafter Transhipment - Empty First 7 days 8-15 days Thereafter Free 1835.48 3670.97 Free 3670.97 7341.93 Free 5506.45 11012.9 Free 1091.2 3670.97 Free 2182.4 7341.93 Free 3273.59 11012.9 Notes: (i). The total storage period for a container shall be reckoned from the day following the day of landing upto the day of shipment/delivery/date of removal of the container and includes Sundays and Holidays but excludes Custom notified holidays and port nonworking days. (ii). Transshipment containers subsequently changing the mode of dispatch locally or to the container freight station for destuffing/stuffing shall loose the concessional dwell time as prescribed in Item (4) above. Dwell time charges for such containers shall be recovered at par with import containers as prescribed in item no. 1 or 2 as applicable. (iii). Transshipment containers subsequently changing the mode of dispatch by rail to ICD shall be treated as other ICD containers for the purpose of levy of Dwell time charges fees and shall be charged at the rates in item (4) above. In such cases additional shifting charge will be applicable for movement of container to container yard to ICD yard. (iv). A container from foreign port landing at the container terminal for subsequent transshipment to an Indian Port on a coastal voyage or vice versa would be charged at 50% of the transshipment charges prescribed for foreign going vessels and 50% of that prescribed for coastal category. (v). Normal import containers subsequently changing the mode of dispatch by rail to ICD will enjoy the free period applicable to normal import container only. In such cases additional shifting charges will be applicable for movement of container from container yard to ICD yard. (vi). The total storage period for a shutout container shall be calculated from the day following the day when the container has become shutout till the day of Shipment/ delivery. (vii). Over high and over dimensional containers shall attract thrice the normal applicable charges. (viii). Hazardous containers shall attract 1.25 times the normal applicable charges. (ix). In case of stuffing the containers inside the port, the dwell time charges will be applicable as follows: (a). Prior to stuffing, dwell time charges as applicable to empty containers will be charged. (b). Free period and dwell time charges as applicable to loaded export containers will be charged from the day following the day of completion of stuffing and intimation to Port. (x). In the case of auction containers, after the auction is over, the empty containers will attract the dwell time charges as empty containers from the following day the destuffing is completed. (xi). The storage charges shall not accrue for the period during which the Terminal is not in a position to deliver containers for reasons attributable to it when requested by the user. (xii). The storage charges on abandoned FCL containers/shipper owned containers shall believe up to the date of receipt of intimation of abandonment in writing or 75 days from the day of landing of the container, whichever is earlier subject to the following: (a). The consignee can issue a letter of abandonment at any time. (b). If the consignee chooses not to issue such letter of abandonment, the container Agent/MLO can also issue abandonment letter subject to the condition that, (i). the Line shall resume custody of container along with cargo and either take back it or remove it from the port premises; and (ii). the line shall pay all port charges accrued on the cargo and container before resuming custody of the container. (c). The container Agent / MLO shall observe the necessary formalities and bear the cost of transportation and destuffing. In case of their failure to take such action within the stipulated period, the storage charge on container shall be continued to be levied till such time all the necessary actions are taken by the shipping lines for destuffing of cargo. (d). Where the container is seized/confiscated by the Custom Authorities and the same cannot be destuffed within the prescribed time limit of 75 days, the storage charges will cease to apply from the day the Custom order release of the cargo subject to lines observing the necessary formalities and bearing the cost of transportation and de-stuffing. Otherwise, seized/confiscated containers should be removed by the line/consignee from the port premises to the Customs bonded area and in that case the storage charge shall cease to apply from the day of such removal. c. Charges for miscellaneous services rendered to the container vessels: Reefer Monitoring and Connection Rate in ` Sl.No Particulars 1 Additional charges per 4 hours or part thereof for electricity consumption and monitoring of reefer containers Foreign going Vessel Coastal Vessel Loaded Empty Loaded Empty 281.66 281.66 281.66 281.66 Note: Additional electricity charge at the prescribed rates will be applicable in case of Reefer Containers also Other Services Rendered Sl. No. Rate in ` Foreign going Coastal Vessel Vessel Particulars Loaded Empty Loaded Empty 1 Shifting of containers from one yard to another yard within the terminal for customs inspection or any other 2432.46 purpose and subsequent loading of containers for delivery. 2432.46 2432.46 2432.46 2 Additional service charges for stacking containers in designated yard for custom examination or for any other 286.10 purpose by prior arrangement. 286.10 286.10 286.10 Opening of Hatch Cover and replacing it Sl. No. 1 2 Note: Rate in ` Foreign going Vessel Loaded Empty 4225.48 2535.29 1689.94 1013.97 Particulars When placing it on the Quay Without placing it on the Quay If only one operation is carried out, half of the hatch cover handling charges as above shall be levied. One Hatch to another Hatch or within the Same Hatch Sl. No Description Foreign going Rate per TEU (`) Coastal Foreign going Coastal Loaded Empty Loaded Empty 1 Hatch to hatch shifting (involving 1 move only) 1408.3 1408.3 844.98 844.98 2 Other than (a) mentioned above 5633.77 5633.7 7 3380.26 3380.26 CHAPTER 3 – CARGO RELATED CHARGES The cargo handling charges shall be payable on the manifested cargo directly by the importer of cargo at the rates specified below: a. Handling Charges Sl. No. Commodity Iron & Steel products Aluminium Ingots Pig iron Finished fertilizers Food grains Sugar 1 2 3 4 5 and Unit Rate in ` (Foreign) Rate in ` (Coastal) Ton 447.25 268.35 Ton Ton Ton Ton 397.32 238.65 238.65 178.89 238.39 143.19 143.19 107.34 Note: The handling charges prescribed above is a composite charge for (i) unloading of the cargo from the vessel including stevedoring and transfer of the same up to the point of storage, storage at the stack yard up to a free period of 5 days and loading on to trucks in respect of import cargo and (ii) unloading of the cargo from the trucks at the stack yard, storage at the stack yard up to a period of 15 days, transfer the cargo to the loading point and loading onto the ship including stevedoring. This composite charge includes wharfage and supply of labour, wherever necessary. b. Storage charges after free period: The storage charges for the cargo stored in the stack yard beyond the free period allowed shall be as below: (i). Import Cargo (Rate in ` per MT per day) Sl. No 1 Commodity All types of Multipurpose cargo (ii). Rate for 6th – 12th day Rate for 13th -19th day Rate for 20th day onwards 12.62 18.92 25.23 Export cargo (Rate in ` . per MT per day) Sl. No. 1 Commodity All types of Multipurpose cargo Rate for Rate for Rate for 16th – 22nd day 23rd – 29th day 30th day onwards 12.62 18.92 25.23 Notes: (i). Five free days for import cargo and fifteen free days for export cargo shall be allowed. For the purpose of calculation of free period, Customs notified holidays and Terminal's non- working days shall be excluded. (ii). Storage charges shall be payable for all days including Terminal's non- working days and Customs notified holidays for stay of cargo beyond the prescribed free days. (iii). c. Storage charge on cargo shall not accrue for the period when the terminal operator is not in a position to deliver / ship the cargo when requested by the user due to reasons attributable to the terminal operator. Miscellaneous charges Sl. No. 1 Commodity All types of Multipurpose cargo Unit Rate in (`Rs.) Per Ton 19.63 The miscellaneous charges prescribed above is a composite charge for provision of all miscellaneous services such as sweeping of cargo on the wharf, weighment of cargo, dust suppression etc. CHAPTER 4 - VESSEL RELATED CHARGES. a. Berth Hire Charges Sl. No Vessels 1 All Vessels Rate per GRT per hour or part thereof Foreign Going Vessel Coastal Vessel (in ` ) 1.236 (in ` ) 0.744 Notes: (i). The period of berth hire shall be calculated from the time vessel occupies the berth. (ii). Berth hire includes charges for services rendered at the berth, such as occupation of berth, rubbish removal, cleaning of berths, fire watch, etc. (iii). No berth hire shall be levied for the period when the vessel idles at its berth for continuous one hour or more due to breakdown of terminal operator’s equipment or power or for any other reasons attributable to the terminal operator. (iv). b. (a). Berth hire shall stop 4 hours after the time of vessel signaling its readiness to sail. (b). The time limit of 4 hours prescribed for the cessation of berth hire shall exclude the ship’s waiting time for want of favorable tide conditions, inclement weather, and due to lack of night navigation. (c). The master/ agent of the vessel shall signal readiness to sail only in accordance with favorable tidal and weather conditions. Penal Berth Hire Charges Sl.No 1 2 3 Description Up to 6 hrs. above 6 hours but up to 12 hours Above 12 hrs. Rate per GRT in ` 12.62 18.92 37.85 Notes: (i). The Penal berth hire charges as mentioned above shall be levied in addition to berth hire charges beyond 2 hours. (ii). Penal berth hire charges mentioned above shall not be leviable if the idling of vessel is attributable to the terminal or port or due to adverse tidal conditions or bad weather and rain resulting in stoppage of operation. (iii). (a). There shall be a time limit beyond which berth hire shall not apply; berth hire shall stop 4 hours after the time of vessel signaling its readiness to sail. The time limit of 4 hours prescribed for cessation of berth hire shall exclude the ship’s waiting period for want of favorable tidal conditions or on account of inclement weather or due to absence of night navigation facilities. (b). There shall be a “penal berth hire” equal to one day’s berth hire charges for a false signal. (c). The Master / Agent of the vessel shall signal readiness to fail only in accordance with favourable tidal and weather conditions. (d). The time limit of 4 hours prescribed for cessation of berth hire shall exclude the ship’s waiting period for want of favourable tidal conditions. CHAPTER 5 - GENERAL NOTE The tariff caps will be indexed to inflation but only to an extent of 60% of the variation in Wholesale Price Index (WPI) occurring between 1 January 2013 and 1 January of the relevant year. Such automatic adjustment of tariff caps will be made every year and the adjusted tariff caps will come into force from 1 April of the relevant year to 31 March of the following year. Amendment: 2 (Appendix 15 of DCA– RFP Vol – III) Appendix 15 of DCA is replaced as follows: Performance Standards 1. Gross Berth Output The parameter deals with the productivity of the terminal (Gross Berth Output) for different types of cargo. In case of dry and break-bulk cargo, the capability of the terminal (mechanization, method of handling) and parcel size will determine the Gross Berth Output. Higher terminal capability and greater parcel size will lead to high productivity. The Gross Berth Output shall be calculated as the total cargo handled (either loaded/unloaded) from the ship during a month divided by the time spent by the ship at the terminal number of working days of ships in that month at that terminal. While determining the number of working days from the ship hours, the berth allowance of 4 hours/day shall be subtracted from the total hours. In the case of containers the crane rate shall be measured by dividing total number of TEUs lifted on/off from ships by the elapsed crane time. The elapsed crane time is the total allocated crane hours less operational and non-operational delays. The indicative norms for Gross Berth Output for different categories of Clean cargo to be handled at this berth are as follows: Cargo Category Indicative Norms Container Gross Berth Output 25 Moves / Crane / hour Mixed Dry bulk cargo Iron & Steel products 4000 T/Day Aluminum Ingots 4000 T/day Pig Iron 4505 T/Day Finished Fertilisers 10000 T/day Food Grains 10000 T/Day Sugar 7500 T/Day Weightage in case of a shortfall in meeting the prescribed performance standard will be 80%. 2. Transit Storage Dwell Time: (a) Containers: The Transit Storage Dwell Time for a container shall mean the total time for which the container remains in the terminal. The Transit Storage Dwell Time for containers shall be calculated as an average and shall be the sum of the transit storage of each container handled during the month at that terminal divided by the number of containers. To further clarify, the date and time a container is discharged from the vessel till the said container leaves the out - gate of the Terminal, is the total transit storage time for import box. In case of export the time and date from which the container enters the terminal till the time and date it is loaded on to a vessel will be the storage time. The details of time of discharge, gate-in, gate-out and loading need to be maintained in respect of each container including ICD containers. Unclaimed cargo or any cargo that has been detained by the customs or any Government Authority may be excluded. (c) Break-bulk cargo: The Transit Storage Dwell Time of Break Bulk cargo shall be calculated in the same manner as calculated for container in the terminal. The Transit Storage Dwell Time for Break Bulk Cargo is the sum of time of each unit of cargo that remains in the Port in a month divided by the number of cargo units handled during that month in the terminal. To further clarify, the time the break bulk cargo remains in the port will commence from the date and time of landing till the date and time of exit from the Port in case of import and for export from the date and time the cargo entered the Port area till the date and time of the shipment. Transit Storage Dwell Time - Import a) Containerised cargo (at terminal) b) Other Clean Cargo (at stack yard) 2 days 10 days after date of completion of vessel’s discharging operation - Export a) Containerised cargo (at terminal) b) Other Clean Cargo (at stack yard) 4 days 10 days upto commencement of ship loading operation Weightage in case of a shortfall in meeting the prescribed performance standard is 10% 3. Turn around Time for receipt/delivery operation: The Turn around Time for receipt/delivery operation shall be the sum of time taken for loading/unloading of cargo divided by the number of trucks/trailers/rakes deployed, as the case may be, in a month. Further, in case the truck/trailer/rake does both unloading and loading operations on a single entry into the terminal, the time allocated shall be doubled for those trucks/trailers/rakes. A (i) A (ii) B (i) B (ii) C (i) C (ii) Truck for conventional cargo (Single operation) Truck for conventional cargo (double operation) Trailer for container (single operation) Trailer for container (double operation) Rake for ICD container (single operation) Rake for ICD container (double operation) 4 hours 8 hours 2 hours 4 hours 6 hours 12 hours Weightage in case of a shortfall in meeting the prescribed performance standard will be 10% Performance Evaluation and calculation of liquidated damages: Performance evaluation shall be made on a quarterly review of the reports furnished by the Concessionaire and/or the records of the Concessionaire and/or by an enquiry by the Concessioning Authority. The Concessionaire shall be liable to pay liquidated damages determined at the rate of 1% (one per cent) of the Gross Revenue of the respective quarter for every shortfall of 10% (ten per cent) in the average performance which shall be assessed in the following manner. Each Performance Standard is calculated as an average in the manner indicated above. The actual average performance vis-à-vis a standard will be evaluated against the prescribed standard. The shortfall will be computed as a percentage of the prescribed standard. The shortfall in respect of each performance standard will have a weightage assigned to it. The overall shortfall in average performance shall be assessed as the aggregate of the weighted shortfalls in respect of each of the performance standards. For example, if there is a shortfall in Gross Berth Output by x%, Transit Storage Dwell Time by y% and Turn round time for receipt/delivery operations by z% and the weightage assigned to such shortfalls is 0.7, 0.2 and 0.1 respectively, then the overall shortfall in average performance will be ( 0.7x + 0.2 y + 0.1 z)%. Amendment: 3 (Added in clause 5.1 of DCA– RFP Vol – III) Inserted as per Section II (B) 2.10 Clause of “Revised Guidelines for Determination of Tariff for Projects at Major Ports, 2013” “Any time after the completion of six months of the Project, if the Concessionaire needs to get the certifications from Independent Engineer for the purpose of tariff approvals as per “Revised Guidelines for Determination of Tariff for Projects at Major Ports, 2013”, the fresh appointment of the Independent Engineer would be made by the Concessioning Authority at the cost of the Concessionaire. However, the Concessioning Authority should be informed for making such appointment 4 months in advance to carry out the due process for the selection.” Amendment: 4 (Added in clause 7.1(a) (viii) Obligations of Concessionaire – Reports of DCA – RFP Vol – III) As per requirements of “Revised Guidelines for Determination of Tariff at Major Ports, 2013 “Concessionaire shall provide reports, information, data to the Concessioning Authority and also TAMP in line with “Revised Guidelines for Determination of Tariff for Projects at Major Ports, 2013”” Amendment: 5 (Added in clause 7.1 (a) x Security Arrangements of DCA – RFP Vol – III) Clause stands modified as below: “The Concessionaire may make his own arrangements for security in the Project Site/Port Assets and with respect to the Project with conditions that security arrangements are made in synchronization with the port security which is handled by CISF and the men and equipments are cleared from security angle from local/State Police authorities and also provided the Concessionaire shall abide by the security regulations/ procedures prescribed by the Concessioning Authority or a Government Authority from time to time. It shall also conform to and assist the Concessioning Authority or any authority responsible therefor in conforming to the International Ship and Port facility Security Code (“ISPS Code”) and such other codes/requirements of International Maritime Organization as may be applicable to India from time to time. The costs and expenses in regard to the whole of the security including the CISF personnel shall be borne by the Concessionaire.” Amendment: 6 (added in clause 8.1.3 of DCA – RFP Vol – III) As per requirements of “Revised Guidelines for Determination of Tariff at Major Ports, 2013” “The Concessionaire shall abide by the “Revised Guidelines for Determination of Tariff at Major Ports, 2013” and shall follow all the directions and perform all the obligations in the manner provided in the same. “Revised Guidelines for Determination of Tariff at Major Ports, 2013” including any and all of obligations of Concessionaire and the Concessioning Authority is an inseparable part of this Agreement.” Amendment: 7 (added in clause 8.1.4 of DCA – RFP Vol – III) As per requirements of “Revised Guidelines for Determination of Tariff at Major Ports, 2013 “Any time after the completion of six months of the Project, if the Concessionaire needs to get the certifications from Independent Engineer for the purpose of Tariff approvals as per “Revised Guidelines for Determination of Tariff for Projects at Major Ports, 2013”, the fresh appointment of the Independent Engineer would be made by the Concessioning Authority at the cost of the Concessionaire. However, the Concessioning Authority should be informed for making such appointment 4 months in advance to carry out the due process for the selection.” Amendment: 8 (added in clause 12.1(h) of DCA – RFP Vol – III) Inserted as per requirement “Security Clearance for Engagement of Foreign Personnel The concessionaire shall obtain the clearance for engagement of foreign personnel from Ministry of Home Affairs and this information would be shared with Ministry of Defense, Ministry of External Affairs and Research & Analysis Wing.” Amendment: 9 (added in Appendix 7 (1) (viii) of DCA – RFP Vol – III) As per Section II (B) 2.10 Clause of “Revised Guidelines for Determination of Tariff at Major Ports, 2013” “Certifying, as and when demanded by the Concessionaire, the achievement of the Performance Standards as per the Concession Agreement / as notified by TAMP” Amendment: 10 (Typographic error in clause no. 1.1 of DCA – RFP Vol – III) Definition stand as below, “Clean Cargo” Means non-hazardous and dust free cargo including Iron and Steel products, aluminum ingots, pig iron, finished fertilizers, food grains, sugar (both raw and finished), containerized cargo but excluding hazardous and dusty cargo like iron ore, thermal coal, chrome ore, chorme concentrate charge chrome, ferro chrome, silicon manganese ore, coking coal, hard coke, fertilizer raw materials and other cargo of similar nature. Definitions modified as below, “Bid Security” means the bank guarantee of an amount of Rs. 3.57 Crore dated [●] furnished by the Applicant/Consortium along with its Bid. “Estimated Project Cost” means the sum of Rs.356.54 Crores (Rupees Three Hundred and Fifty Six Crores and Fifty Four Lakhs only) being the cost of the Project as estimated by the Concessioning Authority and disclosed in the Request for Proposal. Amendment: 11 (added in clause 1.1 of DCA – RFP Vol – III) Definition inserted as below, “Revised Guidelines for Determination of Tariffs for Projects at Major Ports, 2013” means the Guidelines for Determination of Tariffs for Projects at Major Ports issued by TAMP with effect from 30th September 2013 vide Gazette Notification No. 254 dated 30th September 2013 as revised from time to time.” Amendment: 12 (added in clause 1.2 of DCA – RFP Vol – III) Inserted as below, “CD” means Chart Datum Amendment: 13 (change in Article 4.1 of DCA – RFP Vol – III) Modified as below, The Concessionaire shall for due performance of its obligations during the Construction Phase provide to Concessioning Authority an unconditional and irrevocable bank guarantee, in favour of the Concessioning Authority encashable and enforceable at Paradip substantially in the form set forth in Appendix 9 or an irrevocable revolving letter of credit in the form acceptable to the Concessioning Authority (the “Performance Guarantee”). The Performance Guarantee shall be for a sum of Rs. 17.83 Crores (Rupees Seventeen Crores and Eighty Three Lakhs only). Till such time the Concessionaire provides to Concessioning Authority the Performance Guarantee pursuant hereto, the Bid Security shall remain in full force and effect. The Performance Guarantee, if in the form of a bank guarantee shall be valid for an initial period of 1 (one) year and shall be renewed 30 (thirty) Days prior to expiry of each year, for an additional term of 1 (one) year. It is clarified that the Concessionaire shall be liable to restore the Performance Guarantee to the full amount in case of part encashment of the same by the Concessioning Authority. This shall be done within 30 (thirty) Days of any such part encashment. The Performance Guarantee, if in the form of a letter of credit shall be irrevocable and replenished from time to time such that an amount of Rs. 17.83 Crores (Rupees Seventeen Crores and Eighty Three Lakhs only) is available in immediate cash to the Concessioning Authority for the entire period of the Construction Phase. The Performance Guarantee furnished under this provision shall be valid until expiry of 6 (six) months from the Date of Commercial Operations. Failure of the Concessionaire to provide a valid Performance Guarantee and/or restore and maintain the Performance Guarantee in accordance with this Article shall entitle the Concessioning Authority to forthwith terminate this Agreement and also if relevant, to forfeit the Bid Security. Amendment: 14 (change in Clause 13.2 (b) of DCA – RFP Vol – III) Modified as below, In the alternative to the aforesaid, subject to the Concessionaire taking necessary measures to mitigate the impact or the likely impact of Change in Law on the Project, if as a direct consequence of a Change in Law, the Concessionaire is obliged to incur Additional Cost in any accounting year, any such Additional Cost above a sum of Rs. 17.83 Crores (Seventeen Crores and Eighty Three Lakhs only) may at the option of the Concessioning Authority be borne by the Concessioning Authority. It is clarified that Additional Cost upto Rs. 17.83 Crores (Seventeen Crores and Eighty Three Lakhs only) in any accounting year shall be borne by the Concessionaire; Amendment: 15 (change in Clause 13.2 of DCA – RFP Vol – III) Clause 13.2 paragraph 2 read as below, If as a result of Change in Law, the Concessionaire incurs a reduction in costs or other financial gain or benefit in connection with its development or operation of the Project, the aggregate financial effect of which exceeds Rs. 17.83 Crores (Seventeen Crores and Eighty Three Lakhs only)in any Financial Year, the Concessionaire shall notify the Concessioning Authority and pay to the Concessioning Authority an amount that would put the Concessionaire in the same financial position it would have occupied had there been no such Change in Law resulting in such cost reduction, increase in return or other financial gain or benefit as aforesaid. Without prejudice to the aforesaid, the Concessioning Authority may, by notice in writing require the Concessionaire to pay an amount that would put the Concessionaire in the same financial position it would have occupied had there been no such Change in Law resulting in such cost reduction, increase in return or other gain or benefit. Amendment: 16 (change in Appendix 9 of DCA – RFP Vol – III) Appendix 9 (d) modified as below, In terms of the LOI and the Concession Agreement, the Concessionaire is required to furnish to the Board, a Performance Guarantee being an unconditional and irrevocable Bank Guarantee from a Scheduled Bank for a sum of Rs. 17.83 Crores (Seventeen Crores and Eighty Three Lakhs only) as security for due and punctual performance/discharge of its obligations under the Concession Agreement during the Construction Phase, Amendment: 17 (change in clause 1.1.1 of – RFP Vol – I) Last paragraph modified as below, Paradip Port Trust (the “Authority “) is responsible for the development, operations and maintenance of Paradip Port. In order to cater to the future growth in traffic, the Authority has decided to undertake development of Multi-purpose Berth to Handle Clean Cargo including Containers on BOT basis at Paradip (the “Project”) through Public Private Participation (the “PPP”) on Build, Operate, Transfer (the “BOT”) basis and has decided to carry out the bidding process for selection of the preferred bidder / sponsor. The Estimated Cost for the Project is Rs. 356.54 Crores (Three Hundred Fifty Six Crores and Fifty Four Lakhs Only). Brief particulars of the Project are as follows: Name of the Project Development of Multi-purpose Berth to Handle Clean Cargo including Containers at Paradip Port on BOT basis under PPP mode Optimal Capacity (in MTPA) 5 MTPA Estimated Project Cost (In Rs. Crores) 356.54 Amendment: 18 (change in clause 1.1.3 of RFP Vol – I) Modified as below, The scope of work will broadly include designing, engineering, financing, procuring, implem entation, commissioning, oper ation and m aintenance of the project facility. BRIEF DETAILS OF THE PROPOSED PROJECT: The project will have a capacity to handle 5 million tonnes to handle clean cargo including containers and includes a berth of length of 370 m with allied infrastructure for handling ships of up to 125,000 DWT. The estimated capital cost of the project is estimated cost of Rs. 356.54 Crores (Three Hundred Fifty Six Crores and Fifty Four Lakhs Only – as per the latest revised cost estimates). For more details please refer to the Feasibility Report (RFP Vol II). However Bidders to note that applicable tariff have been revised and tariffs as approved by TAMP are indicated in the Concession Agreement. Amendment: 19 (change in clause 1.2.4 of RFP Vol – I) Modified as below, A Bidder is required to deposit, along with its Bid, a bid security of Rs. 3.57 Crores (Rs. Three Crores Fifty Seven Lakhs) (the “Bid Security”), refundable not later than 60 (sixty) days from the Bid Due Date, except in the case of the Selected Bidder whose Bid Security shall be retained till it has provided a Performance Security under the Concession Agreement. The Bidders will have an option to provide Bid Security in the form of a demand draft or a bank guarantee acceptable to the Authority, and in such event, the validity period of the demand draft or bank guarantee, as the case may be, shall not be less than 180 (one hundred and eighty) days from the Bid Due Date, inclusive of a claim period of 60 (sixty) days, and may be extended as may be mutually agreed between the Authority and the Bidder from time to time. The Bid shall be summarily rejected if it is not accompanied by the Bid Security. Amendment: 20 (change in clause 2.1.7 of RFP Vol – I) Modified as below, The Bidder shall deposit a Bid Security of Rs. 3.57 (Rupees Three Crores Fifty Seven Lakhs Only) in accordance with the provisions of this RFP. The Bidder has the option to provide the Bid Security either as a Demand Draft or in the form of a Bank Guarantee acceptable to the Authority, as per format at Appendix-II. Amendment: 21 (changes in APPENDIX II of RFP Vol – I) Appendix II - Point 1 modified as below, In consideration of you, Paradip Port Trust, having its office at Administrative Office Building, Paradip – Orissa 754 142, (hereinafter referred to as the “Authority”, which expression shall unless it be repugnant to the subject or context thereof include its, successors and assigns) having agreed to receive the Bid of …………………… (a company registered under the Companies Act, 1956) and having its registered office at ……………………… (and acting on behalf of its Consortium) (hereinafter referred to as the “Bidder” which expression shall unless it be repugnant to the subject or context thereof include its/their executors, administrators, successors and assigns), for the Development of Multipurpose Berth to Handle Clean Cargo including Containers at Paradip Port on BOT basis under PPP mode (hereinafter referred to as “the Project”) pursuant to the RFP Document dated …………… issued in respect of the Project and other related documents including without limitation the draft concession agreement (hereinafter collectively referred to as “Bidding Documents”), we (Name of the Bank) having our registered office at ……………………… and one of its branches at Paradip (hereinafter referred to as the “Bank”), at the request of the Bidder, do hereby in terms of Clause 2.1.7 read with Clause 2.1.18 of the RFP Document, irrevocably, unconditionally and without reservation guarantee the due and faithful fulfilment and compliance of the terms and conditions of the Bidding Documents (including the RFP Document) by the said Bidder and unconditionally and irrevocably undertake to pay forthwith to the Authority an amount of Rs. 3.57 (Rs. Three Crores Fifty Seven Lakhs Only) (hereinafter referred to as the “Guarantee”) as our primary obligation without any demur, reservation, recourse, contest or protest and without reference to the Bidder if the Bidder shall fail to fulfil or comply with all or any of the terms and conditions contained in the said Bidding Documents. Appendix II - Point 3 modified as below, We, the Bank, do hereby unconditionally undertake to pay the amounts due and payable under this Guarantee without any demur, reservation, recourse, contest or protest and without any reference to the Bidder or any other person and irrespective of whether the claim of the Authority is disputed by the Bidder or not, merely on the first demand from the Authority stating that the amount claimed is due to the Authority by reason of failure of the Bidder to fulfil and comply with the terms and conditions contained in the Bidding Documents including failure of the said Bidder to keep its Bid open during the Bid validity period as setforth in the said Bidding Documents for any reason whatsoever. Any such demand made on the Bank shall be conclusive as regards amount due and payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs. 3.57 (Rs. Three Crores Fifty Seven Lakhs Only). Appendix II - Point 13 modified as below, For the avoidance of doubt, the Bank’s liability under this Guarantee shall be restricted to Rs. 3.57 crores (Rs. Three Crores Fifty Seven Lakhs Only).The Bank shall be liable to pay the said amount or any part thereof only if the Authority serves a written claim on the Bank in accordance with paragraph 9 hereof, on or before [*** (indicate date falling 180 days after the Bid Due Date)]. Amendment: 22 (changes in APPENDIX I of RFP Vol – I) APPENDIX I: Point 22 modified as below, I/ We offer a Bid Security of Rs 3.57 (Rupees Three Crores Fifty Seven Lakhs Only) to the Authority in accordance with the RFP Document. Amendment: 23 (typographic error in APPENDIX I of RFP Vol – I) APPENDIX I: Point 7 (c) modified as below, I/ We have not directly or indirectly or through an agent engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as defined in Clause Error! Reference source not found. of the RFP document, in respect of any tender or request for proposal issued by or any agreement entered into with the Authority or any other public sector enterprise or any government, Central or State; and Amendment: 24 (typographic error in RFP Vol – I) Clause 4.2 modified as below, Without prejudice to the rights of the Authority under Clause 4.1 hereinabove and the rights and remedies which the Authority may have under the LOA or the Concession Agreement, or otherwise if a Bidder or Concessionaire, as the case may be, is found by the Authority to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the Bidding Process, or after the issue of the LOA or the execution of the Concession Agreement, such Bidder or Concessionaire 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 or Concessionaire, as the case may be, is found by the Authority to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practices, as the case may be. Amendment: 25 (typographic error in APPENDIX V of RFP Vol – I) To refer to Clause 1.2.1 instead of Clause 0