(e) - port of ashdod · pdf filebarecon 2001 for the tug charter (the: " bareboat charter...

P.O.B 9001, ASHDOD 77191. fax. 972-8-8517523, Email: [email protected]

Date: June 8, 2017

Tender for Tug charter (the "Tug/vessel")

(the "Tender")

Tender No. 2752/YAM/17

INVITATION FOR PROPOSALS

1. Invitation for Proposals ("IFP"):

1.1. Pursuant to the Government Procurement Agreement (GPA), the Mandatory Tenders Law,

1992 and the Mandatory Tenders Regulations, 1993, Ashdod Port Company Ltd.

(hereinafter referred to as “APC“), hereby invites proposals for chartering a Bollard Pull

Tractor propelled Tug to APC on a bareboat charter basis (hereinafter referred to as the

“Tug/vessel“ and/or "Services").

The initial Term of the Agreement shall be for two (2) years commencing on the date of

the Delivery of the Tug in Ashdod Port (the "Initial Term"). APC shall have an option

to renew the Agreement for 3 additional years as of the end of the Initial Term

(hereinafter referred to as the “Option“).

Moreover, APC shall have two options to purchase the Tug, at the end of the Initial

Term and at the end of a five years period (in case APC exercises its 3 additional years

of charter defined in the Option) according to the terms and conditions specified in the

Agreement (hereinafter referred to as the “Purchase Option“).

Proposers are hereby notified that APC intends to change the flag of the Tug during

the Charter Period to an Israeli Flag (the “Flag Change”). In submitting a Proposal for

the Services, Proposers declare that they agree to the Flag Change and commit to assist

APC in the Flag Change procedure in any mean available and in good faith.

1.2. In connection with the aforesaid, APC will receive sealed competitive proposals

("Proposal(s)") from companies or shipyards which are the owners of the Tug or are

authorized by the owner to charter the Tug or have a relevant Tug in construction (each

company or shipyard shall be referred to as the "Proposer" and collectively as the

"Proposers"), based upon the terms, covenants and provisions of the Proposal Documents as

detailed hereinafter.

1.3. The "Proposal Documents" are:

(a) This IFP.

(b) The enclosed Technical Mandatory Requirements (TMR) for the Tug (Attachment A).

(c) The enclosed Financial Proposal Form (Attachment B).

(d) The enclosed Proposer's Reply Form (Attachment C).

P.O.B 9001, ASHDOD 77191. fax. 972-8-8517523, Email: [email protected] 2

(e) The enclosed Agreement which includes the following documents (the "Agreement")

(Attachment D):

i. The BIMCO STANDARD BAREBOAT CHARTER CODE NAME:

BARECON 2001 for the Tug charter (the: "Bareboat Charter").

ii. Special terms to the Bareboat Charter (the: "Special Terms").

(f) The enclosed Conflict of Interest Statement Form (Attachment E)

(g) The enclosed Proposer's declaration, stating that the Tug shall be delivered to APC not

later than December 31, 2017 (Attachment F)

(h) The enclosed Proposer's authorization certificate from the owner to charter the Tug

(Attachment G).

1.4. It is hereby clarified that APC does not in any way whatsoever commit to charter any Tug

and, for the avoidance of doubt, does not commit that it will exercise the Option and/or the

Purchase Option.

If APC shall exercise the Option, the charter of the Tug within the Option shall be on the

same terms and conditions, including prices, costs, risk, title, warranties, etc. of the Initial

Term.

1.5. The price for the Tug charter includes, inter alia, the Tug’s delivery, acceptance, warranty

and training in Israel in accordance with the terms of the Proposal Documents.

1.6. APC is under no obligation to exercise the Purchase Option, but if it does, it shall be

entitled to purchase the Tug, on the price indicated by the Winning Proposer in The

Financial Proposal.

1.7. The tendering process shall be governed solely by the provisions contained in the Proposal

Documents.

2. Pre-requisites

2.1. Proposals which maintain all conditions as follows will be entitled to participate

in this Tender:

2.1.1. The proposed Tug shall be delivered to APC not later than December 31, 2017

(hereinafter: the "Effective date"); and

2.1.2. The Proposer is a company or a shipyard which is the owner of the Tug or is

authorized by the owner to charter the Tug or has a relevant Tug in construction;

and

2.1.3. The proposed Tug was built after January 1, 2010 or it is under construction; and

2.1.4. The proposed Tug maintains all conditions included herein:

2.1.4.1. The Tug is a Voith propeller Tractor concept tug, with at least 70 ton

Bollard Pull.

2.1.4.2. The Tug’s maximum dimensions/capacities are as follows: max L.O.A of

32 meters, max breadth 13.5 meters, max draft of 6.7 meters, max gross


tonnage: 500 ton.

2.1.4.3. The Tug is classed by one of the IACS members. (IACS = International

Association of Classification Societies).

2.1.4.4. The Tug will hold on the Effective Date all necessary certificates up to date

and shall be ready by all means to immediately carry out all required

pushing and pulling duties.

2.1.4.5. Compliance with all mandatory items specified in Attachment A; and

2.1.5. Proposer will declare that it has no conflict of interest relating to the performance of

the Services for APC under this IFP;

Regarding compliance with the aforementioned preconditions of sections 2.1.1 - 2.1.5, APC

may recognize, at APC’s Tender Committee sole discretion, such conditions as fulfilled by

Affiliated Companies of the Proposer and/or by companies that have been sold to and/or

merged into the Proposer prior to the last date for submitting the Proposals, as being fulfilled

by the Proposer itself. “Affiliated Company” means a company wholly owned by the

Proposer, or the Proposer's parent company, or other affiliated companies of the Proposer

which are to be approved by APC’s Tender Committee at it sole discretion and subject to

any conditions which the APC’s Tender Committee shall decide to apply.

2.2. All the Proposals shall be submitted as set forth in Section 2 below, in English or

Hebrew, in 2 copies.

2.3. APC reserves the right to reject any or all Proposals, to re-advertise this IFP (as

may be amended) or to cancel the IFP process.

2.4. APC may, in its sole discretion, disqualify any proposal which will be partial or

incomplete.

3. Delivery Date: The Tug shall be delivered and accepted by APC in accordance with the

Agreement and the Technical Specifications not later than December 31, 2017.

4. Submission of the Proposal

4.1. The Proposal

APC shall receive sealed Proposals offered by the Proposers as set forth below.

4.2. Submission of the Proposal

4.2.1. Each Proposal shall be submitted in the form required and provided by the Proposal

Documents, as following:

4.2.1.1.The Financial Proposal:

the Financial Proposal should be sealed in a separate envelope which should be

marked as "Financial Proposal", and include all of the following:

the prices of the Tug charter and of the Purchase Option, filled by Proposer in the

Financial Proposal Form (Attachment B). The Financial Proposal Form should be

initialed on each page and signed by Proposer.


All prices in the Proposals shall be in Euros or US Dollars. It is hereby clarified that

the consideration shall be in the same currency proposed.

4.2.1.2.The Technical Proposal

Two copies of the technical Proposal including all the documents and information

detailed hereinafter, should be sealed in a separate envelope marked as “Technical

Proposal”:

i. This IFP initialed on each page.

ii. The Technical Mandatory Requirements (TMR) for the Tug

(Attachment A) to be completed by Proposer and initialed on each

page.

iii. Attachment C – Proposer's Reply Form – to be completed initialed

on each page and signed by Proposer.

iv. Attachment D – the Agreement, including the BIMCO STANDARD

BAREBOAT CHARTER CODE NAME: BARECON 2001 for the

Tug charter and the Special terms to the Bareboat Charter, to be

initialed on each page by the Proposer.

v. The proposed Tug's technical specifications (complete technical

performance data) and all relevant documents/certificates.

vi. In order to provide Proposal compliance with the pre-requisites

included in Sections 2.1.1 and 2.1.3 above – submission of

Attachment F - Proposer's declaration, stating that the Tug shall

be delivered to APC not later than December 31, 2017 and stating

the date on which the construction of the Tug was completed or the

expected date for the Tug’s construction completion .

vii. In order to provide Proposal compliance with the pre-requisite

included in Section 2.1.2 above – submission of Attachment G -

Proposer's written statement with respect to Proposer's

authorization from the owner or proof of ownership by the Proposer.

viii. In order to provide Proposal compliance with the pre-requisite

included in Section 1.7.4 above – submission of Attachment H -

Proposer's written statement with respect to the Tug's technical

details.

ix. In order to provide Proposal compliance with the pre-requisite

included in Section 1.7.5 above – submission of Attachment E -

Proposer's Conflict of Interest statement, in which Proposer shall

declare that to the best of its knowledge and belief, there are no

present or currently planned interests (financial, contractual,

organizational, or otherwise) relating to the performance of the Tug

charter for APC under this Tender, that would create any actual or

potential conflict of interest (or apparent conflict of interest).

x. In order to evaluate the Technical Proposals in section 6.4.2 below -

submission of Attachment H –Proposer's written statement with

respect to the Tug's technical details.


xi. Confirmation of Proposer's signatory rights in connection with this

IFP, approved by Proposer's legal counsel or Proposer's qualified

accountant (CPA or equivalent according to local laws (CIMA etc.)

xii. Any Addenda to the Tender Documents issued by APC – initialed on

each page by the Proposer.

Prices should not appear in any of the documents of the Technical

Proposal. In the event any prices appear in any documents included in

the Technical Proposal, the Proposal may be disqualified.

4.2.1.3.Both sealed envelopes should be marked "Tender No. 2752/YAM/17

Financial/Technical", as applicable, and should be submitted to APC in one envelope

bearing the Tender number according to the provisions in this IFP.

4.3. Each and every Proposal shall be valid for six (6) months from the last date set for the

submission of the Proposals herein below. The foregoing notwithstanding, it is clarified that

the Proposal is forward looking and details the undertakings of the Proposers with respect to

the entire term of the Agreement, and thus, the terms of the Proposal (including with respect

to prices, schedules, warranties, etc.) shall be valid throughout the term of the Agreement,

subject to and in accordance with its terms.

4.4. All information requested shall be provided in English and/or Hebrew languages.

5. Timetable and place for submitting the Proposals

5.1. Proposals should be submitted not later than, July 20, 2017 at 14:00 IL Time. (the

“Deadline”).

Proposal submitted after this deadline will be disqualified and shall not be considered.

5.2. Proposals should be submitted to:

Ashdod Port Company Ltd.

Tender Box, Chamber of the head of Procurement Department

Engineering and Logistic Building, 1st floor.

ASHDOD PORT

ASHDOD, 77191, Israel

Proposals submitted to the Tender Box in Ashdod Port, shall be submitted during the usual

working hours of Ashdod Port: 08:00 to 16:00 IL time, and not later than the date and time

mentioned in section 5.1, herein above.

5.3. APC reserves the right to modify (shorten or lengthen) the time scheduling set forth above,

and this by written notification to the Proposers. Proposers waive any objection to such

modification.

6. Tender Evaluation Procedure

6.1. Preliminary Evaluation

APC will examine whether the Proposal answers to all pre-conditions in order to determine

whether the Proposal is qualified to participate in the Tender.


6.2. At this stage, APC will examine the Technical Proposals only, in order to determine whether

they are complete and whether the documents have been properly signed.

APC reserves the right to request a Proposer to submit any documents or data that was not

submitted with the Proposal and related thereto, within a given time. The above

notwithstanding, any Proposals found to be non responsive or partial or non complete may

be rejected by APC.

6.3. The Financial Proposals envelope shall not be opened up until stage B and only for

Proposers who successfully passed stage “A”, as described herein below.

6.4. Evaluation of Proposals

6.4.1. Proposals which were qualified to participate in this Tender according to section 6.1

above will be evaluated by APC in two stages, as follows:

(a) Quality and technical evaluation - 35%.

(b) Price - 65%.

6.4.2. Stage A - Quality and Technical Evaluation

At this stage APC will evaluate the Technical Proposals, i.e., the documents submitted by

the Proposers as required in Section 4.2.1.2 above.

The Quality and Technical evaluation will be made according to the following values:

◙ 24% - the Tug building year:

New tug- built during the years 2016-2017: 24 %

A tug built during the years 2013-2015: 16%

A tug built during the years 2010-2012: 8%

◙ 20% - The Bollard Pull of the Tug:

70-72 tones: 10%

73 tones and more: 20%

◙ 10% - Type of VSP of the Tug:

Vectra 3000 class: 10%

Other VSP type: 5%

◙ 10% - Type of engine of the Tug:

High speed engines min 1500 RPM with Clutch for saving fuel: 10%

Other type of engines: 5%

◙ 20% - Characteristics of the Tug:

Towage capabilities;

Quality of bridge equipment;

Position size of engine room funnels;


Maneuvering capabilities;

Fuel consumption in full load condition.

These Characteristics shall be checked and determined according to the

Tug's manual booklet.

◙ 10% - Next scheduled periodical dry docking of the Tug:

After 1.1.2021: 10%

Before 1.1.2021: 0%

◙ 6% - Commitment for Early delivery of the Tug (before the effective date):

Delivery before December 1, 2017: 2%

Delivery before November 1, 2017: 4%

Delivery before October 1, 2017: 6%

A Proposer who's Quality and Technical Proposal did not receive at least 75%

of the Quality and Technical Evaluation (Stage A), will be disqualified and its

Financial Proposal will not be considered and will be returned to it unopened.

In the event that only one Proposal shall reach the score of at least 75% of the

Quality and Technical Evaluation (Stage A), then, the threshold score shall be

decreased to 65% for the Quality and Technical Evaluation and only Proposer’s

who's Quality and Technical Proposal did not receive at least 65%, shall be

disqualified.

It is hereby clarified that in the event of Late Acceptance and/or change of Bollard

Pull as defined in the Agreement which shall be different than the data given on

Attachment H as aforementioned, APC shall be entitled to collect Liquidated

Damages as set in clause 38 to the Agreement.

6.4.3. Stage B – Financial Evaluation:

At this stage, APC will evaluate the Financial Proposals of the Proposers who

successfully passed stage “A”. The financial evaluation will be as follows:

100% - the price for charter hire of the Tug per day

as per section 1.1 to the Financial form (Attachment B), delivered to

APC, all in accordance with the terms of the Agreement .

The lowest priced proposal will receive the maximum score and all other

proposals will be graded respectively ("Financial Evaluation Grade").

6.4.4. Negotiations and submission of Best and Final Financial Proposals

APC reserves the right to negotiate the Financial Proposal with selected Proposers.

In the event that the Tender Committee shall decide to exercise its right to negotiate as

stated above, then upon completion of said negotiations, the Proposers shall be entitled to

submit the “Best & Final” Financial Proposals, in accordance with APC's instructions,

and the grades of the Financial Proposals shall be readjusted by APC in accordance with


the Financial Proposals Evaluation Values as specified in section 6.4.3 as per section 1.1

to the Financial form (Attachment B) (hereinabove "Final Evaluation Grade").

Proposer’s which have not submitted a Best & Final Proposal as specified above, their

original Financial Proposal submitted, shall be considered as the final Financial Proposal

for this Tender.

6.4.5. Final Evaluation Grade

The final evaluation score of each Proposal shall be calculated as follows:

Proposal’s Quality and Technical evaluation

(as per Section 6.4.2) x 35%

+

Proposal’s Financial evaluation

(as per Section 6.4.3) x 65%.

The Proposer who shall be awarded with the Agreement shall be the Proposer whose final

evaluation score calculated as detailed above will be the highest, all subject to Section 1.9

above.

7. Terms of Payment and Delivery – as defined in the Agreement attached hereto as Attachment D.

8. Responsibility of Proposers Proposer shall bear all costs associated with the preparation and submission of its Proposal. APC

shall in no event be responsible or liable to any costs, regardless of the conduct or outcome of this

Tender.

Each Proposer shall carefully examine the Proposal Documents, and become familiar with the

required operation for providing the Services, and shall judge for itself all the circumstances and

conditions which might affect its Proposal and operations there under. Failure on the part of any

Proposer to examine, inspect and be completely knowledgeable of the terms and conditions of the

Proposal Documents, the operational conditions or any other relevant documents or areas, shall

not relieve the Proposer from full compliance with its Proposal and the Agreement. All

requirements in the Proposal Documents apply to the Proposer as named in the Proposer's Reply

Form unless otherwise specifically permitted herein.

9. Rejection of Irregular Proposals Proposals which contain any alteration, addition (not requested under the Proposal Documents),

omission, condition, limitation or show irregularity of any kind, may be rejected by APC.

APC reserves the right to reject, disregard or waive any additions, conditions, irregularities,

technicalities or informalities in any Proposal, or to reject any or all Proposals.

10. Clarification Procedure/Addenda

10.1. From the time of the Tender’s publication, any prospective Proposers may approach APC in

writing, by electronic mail: [email protected], and advance any reservation,

comment, request for clarification or question with respect to the Tender or the Agreement

subsequent thereto (hereinafter: “Reservation”). It is the applicant’s responsibility to verify

receipt of the Reservation by APC, by e-mail.


10.2. In making a Reservation, applicants must state the Tender number, their name, address, a

telephone number where they can be reached, their fax number, email address and a return

address for the response.

10.3. APC does not undertake to respond to Reservations submitted after July 6, 2017, 14:00 IL

Time.

10.4. Replies to a Reservation shall be in writing and issued in the form of “Addenda to the

Proposal Documents”, sent by electronic mail or facsimile to all Proposers. APC shall not be

responsible for, or bound by any replies, information or instructions not issued in any

manner, other than as set forth herein.

10.5. APC shall have and reserves the right to issue supplemental instructions or modifications to

the Proposal Documents, which, if issued, will be in the form of a written addendum.

11. General

11.1. APC reserves the right to request a Proposer to submit any documents or data that was not

submitted with the Proposal and related thereto, within a given time.

11.2. APC may cancel the Tender, in whole or in part, or modify it at any time, or abstain from

executing the Agreement with the selected Proposer, and Proposers shall have no right to

demand its enforcement and waive any claim in connection therewith.

11.3. APC is not obligated to choose the Proposal which received the highest calculated financial

score, the Proposal which received the highest calculated quality and technical evaluation

score or any other Proposal.

11.4. The wining Proposer shall execute the Agreement (Attachment D) (i.e., sign the Agreement)

within fourteen (14) calendar days of the date APC notifies the wining Proposer, in writing,

that it has been selected under the Tender to enter the terms and conditions of the

Agreement. Failure of the Proposer to execute the Agreement as detailed in this Section

shall be deemed a fundamental breach of the Agreement with all that this entails under the

Proposal Documents and/or applicable law and, inter alia, shall give rise to APC’s right to

terminate the selection of said Proposer as wining Proposer in the Tender, and to choose an

alternative Proposer.

11.5. It is clarified that the wining Proposer shall obtain an authorized copy of The BIMCO

STANDARD BAREBOAT CHARTER CODE NAME: BARECON 2001 for signing and

handling a clean and final copy of the Bareboat Charter with APC.

11.6. Without prejudice to any other remedy or right of APC, in the event of a breach of

Agreement, as aforesaid, or withdrawal of Proposal by the winning Proposer, APC may

declare the Proposer’s win void and declare the second highest rated Proposer (or the

incomer Proposer if such second highest Proposer fails to meet the requirements and so on)

to the winner in the Tender. In such case, all obligations listed above shall apply to the

newly-designated winner.

11.7. Right of Examination of Tender Documents

11.7.1. Unsuccessful Proposers shall be entitled to review the selected Proposal within thirty (30)

days as of receipt of APC's notification regarding the results of the Tender, subject to the

Mandatory Tenders Law, 1992 and the Mandatory Tenders Regulations, 1993, and

provided that, it has applied in writing to the Secretary of the Tender Committee

following the award and paid the APC an amount of NIS 750, including V.A.T.

11.7.2. Each Proposer should mark within its Technical Proposal, which parts contain (in the

Proposer’s opinion) the Proposer’s commercial secrets which should not to be disclosed


to other Proposers; these parts should be clearly identified and should be physically

separated from the rest of the Proposal, insofar as this is feasible. Regardless of the

aforementioned, the Proposer’s experience and Financial Proposal shall not constitute

commercial secrets.

11.7.3. The Tender Committee shall have sole discretion and shall make its own judgment with

regard to the nature and extent of the “commercial secrets” contained in any of the

Proposer’s documentation, and shall not be limited in disclosing such information to

other Proposers in accordance with applicable law. The Proposers, by submitting

Proposals hereunder, irrevocably waive any claim of any kind against either the Tender

Committee or the APC, in connection with such disclosure (regardless of whether they

have marked the same as “commercial secret”).

11.7.4. Regardless, the Tender Committee shall provide prior notification to the Proposer, in the

event that it intends to disclose information marked as “commercial secrets” to another

Proposer, and this in order to enable the Proposer a reasonable response time. If the

Tender Committee decides to disclose the information nevertheless, it shall inform the

Proposer prior to the disclosure.

11.8. A Proposer who marks certain items as “commercial secrets” is representing that these parts,

in other Proposers’ Proposals, are also commercial secrets and waives its right to inspect

those sections in other Proposals.

11.9. Notwithstanding anything herein to the contrary, it is hereby clarified that as per the decision

of APC's Tender Committee, APC shall be entitled to review the Financial Proposals of

Proposers who were disqualified, at any stage of the Tender, or drawn Proposals, prior to

their return, for the sake of financial effectiveness.

11.10. For further information you may contact the following APC official:

Mrs. Ayelet Mandler Procurement Coordinator

Fax: 972-8-8517523, e-mail: [email protected]

12. Governing Law and Jurisdiction The governing law regarding this Tender will be the Israeli law without regard to its conflict of

law provisions. The Tender will be subject to the sole and exclusive jurisdiction of the authorized

courts in Israel.

ATTACHMENT A

DESCRIPTION Required Units DATA -remarks

1 Bollard pull

1.1Bollard pull at 100% Maximum Continuous Rating (MCR) under standard tropical

conditions at 50% Tanks capacity.≥ 70 Ton yes/no

2 PropulsionVoith

Schnnider2 yes/no

2.1 Max. air temperature up to ≤45ºC yes/no

2.2 Max. seawater temperature ≤ 34c yes/no

2.3 Humidity range ≤ 70% yes/no

3 Gross Tonnage ≤ 500 G.Ton yes/no

4 Speed

4.1 Forward free running speed, at 50% Tank capacity and Engines at 90% MCR ≥ 11 knots yes/no

5 NOISE AND VIBRATION

5.1Noise measurement procedure according to “IMO- Noise Level Code on Board Ships-

Resolution IMO MSC.337(91). yes yes/no

5.2 Navigating bridge ≤60 (+ 5%) dB(A)

5.3 Crew cabin ≤55 (+ 5%) dB(A)5.4 Mess room ≤70 (+ 5%) dB(A)

5.5 Alleyways ≤70 (+ 5%) dB(A)5.6 Machinery space ≤100 (+ 5%) dB(A)

5.7 Engine control room ≤70 (+ 5%) dB(A)

5.8 Main Deck near Towing Winch and near Windlass (not operating) ≤85 (+ 5%) dB(A)

6 VIBRATIONS:

6.1The vibration test shall be carried out during sea trials on the similar conditions that

exposed on the noise test according to ISO standard 6954-2000: Mandatoryyes yes/no

6.2 Crew cabins, mess room6.3 Vertical ≤406.4 Horizontal ≤206.5 Engine control room6.6 Vertical ≤606.7 Horizontal ≤306.8 Machinery spaces6.9 Vertical ≤200

6.10 Horizontal ≤100

7 CLASSIFICATION AND RULES

7.1 HULL: X 100A1 TUG (Or equivalent IACS member notation) yes yes/no

7.2MACHINERY: X LMC UMS, Fire Fighting Ship 1(2400) with water spray (Or

equivalent IACS member notation)yes yes/no

7.3Classification society-Any full IACS member (Name of the proposed calcification

society)yes yes/no

8 Dimensions 8.1 Overall length ≤ 32 m yes/no8.2 Width ≤ 13.5

8.3 Operational load condition draught - Harbour - max. ≤7 m yes/no

9 Main Engines

9.1 Four-stroke Marine Diesel Engines yes yes/no

10 AUXILIARY MACHINERY

10.1 MARINE Diesel Generators 2

11 Marine Air-condition 2 yes/no

The Proposer Date

The Proposer will enclose with its proposal the following filled out data sheet as far as possible. Failure to supply the appropriate requested data

and/or documentation, may result in disqualification of Proposer's Proposal.

Tender No. 2752/YAM/17 - for Tug charter Technical

Mandatory Requirements (TMR)

1

Attachment C

Proposer’s Reply Form


(the "Tender")


Date: __________________

Proposer’s Name: _______________________

Name of contact person: _________________

Title of contact person: _________________

Tel: ___________________________________

Fax: ___________________________________

E-mail: ___________________________________

To: Ashdod Port Company Ltd. ("APC")

Subject: Our Proposal for Tug charter

Reference: Your Tender No. 2752/YAM/17 (the “Tender”)

1. We, the undersigned, hereby submit our Proposal with respect to the above mentioned

Tender for Tug charter (hereinafter: "Tug/vessel").

2. We hereby confirm that we have read and understood all Proposal Documents (as such

term is defined in the Invitation for Proposals document).

3. Attached please find all documents, information, data & certificates as specified in

Section 2 to the Request for Proposals document.

4. Our Proposal shall be valid for six (6) months from the last date set for the submission of

the Proposals in the Invitation for Proposals document.

5. We acknowledge and agree that APC is not obligated to accept the most inexpensive

Proposal or the highest scored Proposal or any other Proposal.

6. We acknowledge and agree that in the event our Proposal will be selected by APC as the

winning Proposal in the Tender, APC shall be entitled to provide our Proposal for the

review of Proposers which were not selected, including also those parts of our Proposal

that we have marked as containing commercial secrets and we shall not have any claims

with respect thereto.

_______________ __________________________

Date Proposer’s signature & stamp

1

SPECIAL TERMS TO THE AGREEMENT

No. 2752/YAM/17

Made this ______ day of __________2017

By and Between

ASHDOD PORT COMPANY LTD.

Company Registration Number 51-356977-2

of Ashdod Port, Ashdod 77191, Israel ("APC", “Charterers”)

And

_______________________________________________

Company Registration Number [____________________]

of _____________________________________________________ ("Supplier”, ”Owner")

(the “Supplier”, ”Owners” and “APC”, “Charterers” shall each be referred to as a “Party” and

collectively as “Parties”)

For

Tug charter

Whereas: APC wishes to charter the Tug, as defined below for a period of 2 years commencing on the date of the Delivery of the Tug in Ashdod Port (hereinafter the

“Initial Term“); and

Whereas: APC requires an option to renew the Agreement for an accumulating 3 periods of

up to one (1) year for each period and a total of 3 additional years as of the end of

the Initial Term (hereinafter referred to as the “Option“); and

Whereas: APC has issued Tender No. 2752/YAM/17 for the Tug charter (the "Tender"), so

as to ensure the Supplier's capability to conform to any and all standards of

performance stated hereinafter; and

Whereas: The Supplier was elected as the winning Proposer to charter the Tug

_____________________________________________________________

[Vessel’s Name, call sign and flag, to be completed according to the winning

proposer’s Proposal] (hereinafter: the "Tug") to APC, as per its proposal dated

___________ and its exhibits and all documentation and data attached thereto, as

amended in writing pursuant to negotiations conducted between the Parties (the

"Proposal");

It is therefore Agreed Declared and Stipulated between the Parties:

1. Preamble. The preamble to this Agreement and its appendices constitute an integral part hereof.

The sections' headings contained in this Agreement are for convenience only and do not

constitute matters to be considered interpreting this Agreement.

2. Definitions. In this Agreement, the following term shall have the meaning ascribed to it below:

2.1. "Agreement" means: this SPECIAL TERMS TO THE AGREEMENT and the BIMCO

STANDARD BAREBOAT CHARTER CODE NAME: BARECON 2001 (hereinafter: the

"Bareboat Charter").

Other capitalized terms shall have the meaning ascribed to them below.

2

3. Agreement Documents” means:

3.1. Appendix A: Prices

3.2. Appendix B: Certificate of Propriety

3.3. Appendix C: Conflict of Interest Statement Form

3.4. Appendix D - Requirements To be supplied/ installed on delivery

4. The terms specified below are special terms to the Bareboat Charter and its terms shall prevail the

Bareboat Charter terms, wherever there is a contradiction between the terms.

5. Supplier hereby agrees to the special terms to Part I of the Bareboat Charter, which are detailed in

this clause:

5.1. Box 1 – None

5.2. Box 4 – Bareboat Charterers/Place of business (cl.1) – “Ashdod Port Company Ltd., P.O.B

9001, Ashdod 77191, Israel”

5.3. Box 13 – Port or Place of delivery (cl.3) – “Port of Ashdod, Israel”

5.4. Box 15 – Cancelling date (cl.5) – “40 calendar days as of Time for delivery specified in

box 14”.

5.5. Box 16 – Port or Place of redelivery (cl.15) – “Port of Ashdod, Israel”

5.6. Box 17 – No. of months’ validity of trading and class certificates upon redelivery (Cl. 15)

– “6 months”.

5.7. Box 20 – Trading limits (Cl. 6) – “Territorial Israel coastal water – Vessel to be employed

in harbor towage activity”

5.8. Box 21 – Charter period (Cl. 2) – “2 years (Initial Term) + an option to renew the Charter

period for 3 periods of up to one (1) year each, totaling to 3 additional years as of the end of

the Initial Term.”

5.9. Box 23 – New class and other safety requirements (state percentage of Vessel's insurance

value acc. to Box 29)(Cl. 10(a)(ii)) – “100%”

5.10. Box 27 – Bank Guarantee/bond (sum and place)(Cl. 24) – “None.”

5.11. Box 33 – Brokerage commission and to whom payable (Cl. 27) – “None”

5.12. Box 34 – Grace period (state number of clear banking days)(Cl. 28) – “14 clear banking

days.”

5.13. Box 35 – Dispute Resolution (state 30 (a), 30(b) or 30 (c); if 30(c) agreed Place of

Arbitration must be stated) (Cl. 30) – “30 (c). Place of arbitration TBD with winning

Proposer.”

5.14. Box 42 - Hire/Purchase agreement (indicate with “yes” or “no” whether PART IV

applies) - No

6. Supplier hereby agrees to the special terms to Part II of the Bareboat Charter, which are detailed

in this clause:

6.1. Clause 3 – Delivery – line 46 – the wording below shall follow the words "unless otherwise

provided in box 32":

and any such defects shall have to be notified to the Owners as soon as possible after

discovery and at the latest within fourteen (14) working day.

6.2. Clause 5 – Cancelling – line 65 – the sentence shall be amended as follows: "…Owners

notice of cancellation within thirty-six (36) ninety six (96) running hours… ".

6.3. Clause 5 – Cancelling – line 77 – the sentence shall be amended as follows: "… such notice

or within thirty-six (36) ninety six (96) running hours …"

3

6.4. Clause 6 – Trading Restrictions – lines 87-89 – the following wording shall replace the

original wording:

"The Vessel shall be employed in lawful trades within the trading limits indicated in Box

20."

6.5. Clause 10 (a) (I)– Maintenance and Repairs– line 174 – the word "boilers" shall be deleted.

6.6. Clause 10 (a) (III)– Financial Security– line 203 – shall be amended as follows:

"…party liabilities as required by any the Israeli government including federal, state or

municipal or other division or Israeli authority thereof…"

6.7. Clause 10 (c) – Maintenance and Operation – line 234 - the following wording shall be

deleted:

"…The Charterers shall keep the Owners and the mortgagee(s) advised of the intended

employment…"

6.8. Clause 10 (d) - Flag and Name of Vessel – line 241 - the wording shall be amended as

follows:

The Charterers shall also have the liberty, upon their sole discretion with the Owners’

consent, which shall not be unreasonably withheld, to change the flag and/or the name of the

Vessel during the Charter Period, and the Owners shall assist Charterers in the flag

change procedure in any mean available and in good faith.

6.9. Clause 10 (e) – Changes to the Vessel– line 251 – the word "boilers" shall be deleted.

6.10. Clause 10 (e) – Changes to the Vessel– line 253 - the following wording shall be deleted:

"If the Owners so agree, the Charterers shall, if the Owners so require, restore the Vessel

to its former condition before the termination of this Charter."

6.11. Clause 11(g) – Hire – line 324 – the sentence shall be amended as follows: "… shall be

made within seven (7) fourteen (14) running days of the date…"

6.12. Clause 13 – Insurance and Repairs –– line 360 - the wording below shall be as follow:

"…and machinery, and war and Protection and Indemnity risks as covered by Public

Liability Insurance (Ports Owners and Operators Liability)…"

6.13. Clause 13 – Insurance and Repairs –– line 390 - the wording below shall be added after

the words "…for the Charterers' account."

Notwithstanding the above provision, all time used for repairs of latent defects of

main components of the main engines and generators (causing the shutdown of the

tug) during the first 12 months of the contract shall be on Owners account for a

maximum of 7 days per event and for a maximum of 5 events. An inspector

nominated by the Owners will be the sole judge to ascertain if the breakdown is due

to a latent defect or not. In case Owners inspector is unable to ascertain if the

breakdown is due to latent defects, the time used for repairs will be paid at the time

reduced by 50%.

6.14. Clause 13 (f) – Insurance and Repairs –– line 424 - the wording below shall be added after

the words "…indicated in Box 29."

Owners may, at their own cost, and upon their sole discretion insure the Vessel for

Protection & Indemnity risks.

6.15. Clause 15 – Redelivery –– line 533 - the following wording shall be deleted after the

words "…stated in Box 22...":

"plus 10 per cent. or to the market rate, whichever is the higher…".

6.16. Clause 17 – Indemnity –– line 572 - the following wording shall be deleted:

4

"Without prejudice to the generality of the foregoing, the Charterers agree to indemnify

the Owners against all consequences or liabilities arising from the Master, officers or

agents signing Bills of Lading or other documents."

6.17. Clause 18 – Lien –– line 588, 590 - the sentence shall be amended as follows:

"The Owners to have a lien upon all cargoes, sub-hires and sub-freights belonging or due

to the Charterers or any sub-charterers and any Bill of Lading freight for all claims under

this Charter…"

6.18. Clause 22 – Assignment, Sub-Charter and Sale–– line 613 - the wording below shall

follow the words "…and conditions as the Owners shall approve."

"Notwithstanding the above mentioned, the Charterers may assign this Charter to

other Israeli Government Entities without the prior consent of the Owner."

6.19. Clause 23 – Contracts of Carriage – this Clause shall be deleted in whole.

6.20. Clause 28 (a) (II)– Termination - Charterers Default - line 803 – the sentence shall be

amended as follows: "…provided that the Owners shall have the option, by have given a

written notice to the Charterers, to give the Charterers a specified number of days of at

least ten (10) working days grace within…"

6.21. Clause 29 – Repossession - line 854 - the sentence shall be amended as follows:

"…from the Charterers at her current or next port of call, or at an Israeli port or place

convenient to them without hindrance…"

6.22. Clause 29 – Repossession - line 867 – the following words shall be deleted:

"and repatriation".

6.23. Clause 30 – Dispute Resolution - line 870 - the wording below shall be added

6.24. If any dispute shall arise between the Parties in connection with the Agreement, the

Parties via their CEO’s or anyone on their behalf shall first seek to resolve any

such disputes by mutual consultation.

6.25. The CEO’s of the parties (or anyone on their behalf) shall have ten (10) calendar

days to resolve the dispute, to reach a mutual decision. Such decision shall become

final and binding upon the Parties. Any decision that has become final and binding

shall be implemented by the Parties forthwith.

6.26. If no decision is reached within that timeframe, the parties may mutually agree on

an extension of the timeframe or refer the dispute resolution in accordance with

section 30 (c) to the Agreement.

6.27. Clause 30 (a) and 30 (b) shall be deleted in whole.

6.28. The Clauses below shall be added after Clause 31 – Notices:

Clause 32 - Charter Period

Owners have agreed to let and Charterers have agreed to hire the Vessel for a period of 2

years commencing on the date of the Delivery of the Tug in Ashdod Port (the "Initial

Term"). Charterers shall have an option to renew the Charter period for an accumulating 3

periods of up to one (1) year each, as of the end of the Initial Term (hereinafter referred to

as the “Option“). The Option shall be exercised not later than 90 days before the end of

each period.

Clause 33 – First Charterers Purchase Option

At the end of the Initial Term (2 years of charter), Charterers shall have an option to

purchase the Vessel according to the terms and conditions specified herein (hereinafter

referred to as the “Purchase Option“).

The Purchase Option shall take place, according to the price indicated in the Appendix A –

Prices- Section 2.1 “Price for the First option”. The Purchase Option may be exercised by

written notice to the Owners, sent not later than 180 days before the end of the Initial

5

Term. The selling of the Vessel shall be executed on the redelivery date of the Vessel

against payment of the Price for the First option.

Clause 34 – Second Charterers Purchase Option

At the end of the three (3) years from the end of the Initial Term (in case APC exercised its

3 additional years of charter defined in the Option) Charterers shall have a second option

to purchase the Vessel according to the terms and conditions specified herein (hereinafter

referred to as the “Second Purchase Option“).

The Second Purchase Option shall take place, according to the price indicated in the

Appendix A – Prices- Section 2.2 “Price for the Second option”. The Second Purchase

Option may be exercised by written notice to the Owners, sent not later than 180 days

before the end of three (3) years from the end of the Initial Term. The selling of the Vessel

shall be executed on the redelivery date of the Vessel against payment of the Price for the

Second option.

Clause 35 – Owners shall effectuate 14 days training to the crew at Ashdod Port at Owners

account. The training personnel on behalf of the Owner shall include at least all of the

following personnel: tug Owners superintendent, tug master, tug's shipyard electrician (for

3 days), Voit-Schneider technician (for 3 days), engine technicians (for 2 days).

Clause 36 – Maintenance

in addition to Clause 10(a), Charterers shall perform all maintenance as specified by the

builders and suppliers of the equipment and machinery installed on board. A 3 months

report of maintenance performed shall be sent to Owners representative. Before redelivery

an underwater to be effectuated on Charterers account.

Clause 37 – Notwithstanding the provisions stated in Clause 5, should the Vessel not be

delivered latest by the cancelling date and Charterers do not exercise their option of

cancelling, Charterers will be compensated of Euro 1,300 per day of delay for a maximum

of 30 days. On expiring of the thirty days, Owners and Charterers will meet to decide

whether to cancel or maintain the agreement.

Clause 38 – Liquidated Damages:

(a) Late Acceptance.

(1) In any event of Acceptance of a Vessel after Time for delivery as as set forth in

box 14 and on Attachment H to the IFP, Owner will pay APC a half percent

(0.5%) of the Charter hire for one month (as set forth in box 22) per each week

or any part thereof of delay of Time for delivery of such Vessel, beyond the

Time for delivery dates applicable to the Vessel. However, such liquidated

damages shall not exceed an amount equal to ten percent (10%) of the Charter

hire for one year. (“Liquidated Damages for Late Acceptance”).

(2) APC shall not be entitled to Liquidated Damages for Late Acceptance for

delays of less than fourteen (14) calendar days, but for any delay of more than

fourteen (14) calendar days after the Final Acceptance date, the Liquidated

Damages for Late Acceptance will accrue from the Final Acceptance date until

actual Final Acceptance of the Vessel. Collection of the Liquidated Damages

for Late Acceptance shall be at the discretion of the APC.

(b) Bollard Pull

(1) In the event that the Bollard Pull of the Vessel, as determined at the Bollard

Pull Trials reports, is less than the BP stated in Attachment H to the IFP but

exceeds 70,000 kilograms, the Owner shall pay APC, Bollard Pull Deficiency

Liquidated Damages, in the amount of Euro 10,000 (Ten Thousand Euro) per

each full tenth of ton missing (100 kilograms) (hereinafter "Bollard Pull

Deficiency Liquidated Damages"). Notwithstanding the above, APC may

accept such Vessel only in case its Bollard Pull exceeds 70,000 kilograms, and

in this case the Bollard Pull Deficiency Liquidated Damages shall apply.

6

(2) If the Bollard Pull of the Vessel, determined as aforesaid, is less than 70,000

kilograms, then such deficiency shall be deemed a material breach by the

Owner, then without derogating from APC's rights under this Agreement and

any applicable law, APC shall be entitled to each of the following cumulative

remedies, at its sole discretion: (i) collect the Bollard Pull Deficiency

Liquidated Damages and/or (ii) terminate this Agreement due to Owners’

Default in accordance with Section 28 (b). APC will be entitled to (but not

obligated to) collect the Bollard Pull Deficiency Liquidated Damages from the

Owner in any manner, including in the event of termination due to Owners’

Material Breach.

Clause 39 – Owner shall Supply all Documents and install all Systems specified in

Appendix D on Delivery, on Owners account.

Clause 40 – Communication

40.1 Notices. All notices hereunder will be made in writing, by fax or by e-mail according to the

following:

Charterers –

Mr. Morris Mor

Tel no.: 972-8-8517280

Fax no.: 972-8-8517296

e-mail address: [email protected]

Mr. Itsike Cohen

Tel no.: 972-8-8517206

Fax no.: 972-8-8517208

e-mail address: [email protected]

Owner –

Tel no.:

Fax no.:

e-mail address:

40.2 Any notice will be deemed accepted, on the working day following its transmission (provided

acceptance was confirmed personally or electronically).

7

IN WITNESS WHEREOF the Parties have hereunto set their hands this day and year first above

written:

________________________ __________________

Ashdod Port Company Ltd. Owner

By:________________ By:_______________

Title: ______________ Title:_____________

Date:_______________ Date:_____________

By:________________

Title: _____________

Date:______________

By:________________

Title: _____________

Date:______________

----------------------------------------------------------------------------------------------------------------------------------------

I, the undersigned, legal counsel of _________________________________________________________

("Supplier"), hereby confirm that _____________________________________, who have signed this

Agreement, is duly authorized to sign this Agreement on behalf of the Supplier, and that his/her signature shall

bind the Supplier hereunder for all intents and purposes.

_________________________

Full Name and Signature

8

APPENDIX A

PRICES

[Please do NOT attach any document hereto]

9

APPENDIX D

Requirements To be supplied/ installed on delivery, on Owners account

Appendix D

Tender No. 2752/YAM/17 - for Tug charter

DESCRIPTIONWill be

suppliedUnits Remarks

1 DOCUMENTATION:To be supplied on

delivery

1.1

G.A, Construction Plans, Shell Plating, Midship sections,

Engine Room & Machinery arrangement, Bridge

Arrangement, Accommodation plans, Electrical &

Electronics plans, Auxiliary Systems plans, Safety Plan,

Docking Plan - All Approved and Stamp by the CLASS

Yes/No

1.2 Maker list, TecSpecs, Maintenance Plan Yes/No

1.3Strength Calculations, Hydrostatics, Intact Stability,

Damaged StabilityYes/No

1.4CLASS NOTATION CERTIFICATES, Makers' Warranty and

GuarrantyYes/No

2 Towing line arrangementTo be supplied on

delivery

2.1

3 sets of DYNEEMA ropes to be supplied. 2 sets to be

mounted on each of the 2 drums as follows:

1. Main line : 1 x 110 mtr. SAMSUNG Amsteel Blue dia.

60mm with two splices jacket protected 200 cm MBL

267T with supplier certificate (with chafe protection

guide).

2. Shock line: 1 x 12mtr. polyester dia. 112 mm with

one splice jacket protected MBL 269T with supplier

certificate.

3. Pendant: 1 x 30 mtr. SAMSUNG Amsteel Blue dia.

60mm with two splices jacket protected 200 cm MBL

267T with supplier certificate.

Yes/No

2 sets

on

drums+

1 set

SPARE

Requirements To be supplied/ installed on delivery

The Proposer will enclose with its proposal the following filled out data

sheet as far as possible.

3RADIO COMMUNICATION, NAVIGATION & NAUTICAL

EQUIPMENT (Indicate maker and models)

To be supplied on

delivery

3.1 Equipment GMDSS Yes/No

3.2

Two (2) portable VHF radiotelephone with permanent

extension PTT for tug master VHF operated with

movable magnet.

Yes/No

3.3 One (1) 406 MHz EPIRB. Yes/No

3.4 One (1) 9 GHz Radar transponder Yes/No

3.5 One (1) NAVTEX JRC NCR-333 (including printer) Yes/No

3.6One (1) additional VHF radiotelephone simplex-

semiduplex (SAILOR RT 5022) in the bridgeYes/No

3.7One (1) VHF remote control unit to the mess unit install

in the Tug master cabinYes/No

3.8 One (1) VHF unit to install in the mess room Yes/No

3.9 SVDR (Totem preferable) Yes/No

3.10 ECDIS ( FORUNO preferable) Yes/No

MiscellaneousTo be supplied on

delivery

4 add additional A/C supply in BRIDGE Yes/No 1

5To cover with stainless steel the inner part of the A-

frames towing rope passage. Yes/No

6 Two drums to be installed for dynema ropes Yes/No 2

7To add cylindrical fenders at the aft of hull as per

charterers specifications.Yes/No 2

fender demensions

each: dia: 0.8 m, length

: 1.5 m.

8To install back washing system on main heat exchangers

of MMEEYes/No

9

To install CCTV cameras in engine room to cover all E/R

areas To have possibility to watch on TV screen located

in MESSROOM.

Yes/No 4

10 To install one CCTV camera on each side of the bridge. Yes/No 2

11All deck projectors to be led type 1500W . Working lights

on deck to be led type.Yes/No

12Turning stainless steel arm for electricity shore

connection as per charterer request.Yes/No 1

13Seperated A/C system in control room to be installed. (

not with sea water cooling).Yes/No

14Emergency 24 V lights with stainless steel arms turning

over the side to be installed on both sides for life rafts. Yes/No

15 To install powerfull ventilation in VOITH space room. Yes/No

16piston bilge pump to be connected to all bilge suctions

with permanent pipes.Yes/No

17 local digital display to be installed for VSP oil sumps Yes/No

18all OIL DEEP STICKS of main engines and generators to be

with extension to enable easy and safe measurement.Yes/No

19 Foam tank to be filled before delivery. Yes/No

20 electricity shore connection to be of 125 AMP Yes/No

21to add four single bitts above bulwarks fwd & aft (two on

each side of the tug)Yes/No

22to add amper and voltage measurement indicators on

the battery chargers.Yes/No

23

The double bed crew cabin to be converted to a closet

cabin. The beds to be removed and 12 personal lockers

to be installed.

Yes/No

24

To add grids (with holes) in some places in engine room

floor and voith room floor, to enable easy inspection of

bilges.

Yes/No

25 Hydraulic crane to be installed. Yes/No

The Proposer Date

1

Attachment E

To: Ashdod Port Company Ltd. (“APC”)

From: _______________________ (“Supplier”)

Re: Contract No. 2752/YAM/17 for Tug charter (the "Tug/vessel").

Conflict of Interest Statement

Ashdod Port Company Ltd. (hereinafter: “APC”) wishes to notify potential Suppliers that its

policy, is that there shall be no actual or potential conflict of interest with respect to Supplier's

providing the Tug, and Supplier shall not engage in any contractual relationship that may

cause such conflict of interest.

For the avoidance of doubt, conflict of interest may also refer to cases in which the Supplier

or its controlling shareholders have relatives employed by APC.

Therefore, we hereby certify on behalf of the Supplier that, to the best of our knowledge and

belief, there are no present or currently planned interests (financial, contractual,

organizational, or otherwise) relating to the performance of the Tug charter for APC, that

would create any actual or potential conflict of interest (or apparent conflicts of interest).

_______________ __________________________

Date Supplier’s signature & stamp

1

ATTACHMENT F

FORM OF COMPLIANCE WITH PRE-REQUISITES 2.1.1 AND 2.1.3 TO

THE IFP

In order to provide Proposer's compliance with the pre-requisite included in Sections

2.1.1 and 2.1.3 to the IFP, we the undersigned, ______________________________

(Proposer's CPA or CEO or CFO or Proposer's comptrollers) hereby declare the

following:

1. We hereby undertake to deliver the Tug to APC on ________________ (indicate

date-day/Month/year) [Proposers shall indicate a date which shall not be later

than December 31, 2017].

2. The proposed Tug (please indicate the suitable option):

was built on _____________________ (indicate the date).

or

is under construction and the expected date for the Tug’s construction

completion is _________________(indicate the date).

Signature and stamp:_________________________________

Date:______________________

G Attachment


(the "Tender")


Form of Proposer's authorization certificate from the owner

To: Ashdod Port Company Ltd.

We the undersigned, ______________________________ the owner of the Tug proposed

by the Proposer in the Tender, hereby certify as following:

1. __________________________________ has submitted to Ashdod Port Company

Ltd. a proposal with respect to Tender No. 2752/YAM/17, for the Tug charter (the

"Tug/vessel") (respectively, the: “Tender”, the: “Proposal”).

2. The Proposal was submitted by ____________________________ which is

authorized by us to charter the Tug for providing the Services in the Tender.

* In case the Proposer is the owner of the Tug, please submit an approval of the

ownership of the Tug.

Name - ____________________________________

Title - _____________________________________

Signature - _________________________________

Date -_____________________________________

1

ATTACHMENT H

FORM OF COMPLIANCE WITH TECHNICAL PREREQUISITES AND

DETAILS REGARDING QUALITY AND TECHNICAL EVALUATION

In order to provide Proposer's compliance with the pre-requisite included in Section

2.1.4 to the IFP, we the undersigned, ______________________________

(Proposer's CPA or CEO or CFO or Proposer's comptrollers) hereby declare the

following:

1. The proposed Tug is VSP _______ (to be completed by the Proposer) ton BP.

2. The Proposed Tug’s dimensions/capacities are as follows:

2.1 L.O.A of ______ meters (to be completed by the Proposer) [less than 32

meters]

2.2 Breadth of _______ meters (to be completed by the Proposer) [less than

13.5 meters]

2.3 Draft of _______ meters (to be completed by the Proposer) [less than

6.7 meters]

2.4 Gross tonnage of ______ ton (to be completed by the Proposer) [less

than 500 ton]

3. The tug is classed by _______________ (to be completed by the Proposer)

[one of the IACS members. (IACS = International Association of Classification

Societies)].

4. We hereby declare that the tug will hold on the Effective Date all necessary

certificates up to date and be ready by all means to immediately carry out all

required pushing and pulling duties.

5. The Tug specifications comply with all mandatory items specified in

Attachment A.

6. Type of VSP of the Tug (please indicate the suitable option):

Vectra 3000 class

or

Other VSP type: _______________ (please specify the type).

7. Type of engine of the Tug (please indicate the suitable option):

High speed engines min 1500 RPM with Clutch for saving fuel

or

Other type of engines: _______________ (please specify the type).

8. Next scheduled periodical dry docking of the Tug: ________________ (please

indicate the date)

Signature and stamp:_________________________________

Date:______________________