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CHENNAI METRO RAIL LIMITED

CHENNAI METRO RAIL PROJECT PHASE 2, CORRIDOR 3


TENDER No. CP05/UG05

“CONSTRUCTION OF THREE UNDERGROUND STATIONS AT


ADYAR DEPOT, INDIRA NAGAR AND TARAMANI ROAD JN AND
RAMP AND WORKS OTHER THAN DIAPHRAGM WALL OF
UNDERGROUND STATION AT THIRUVANMIYUR METRO”.

PART - 3

CONDITIONS OF CONTRACT

SINGLE STAGE TWO ENVELOPE BIDDING

NOVEMBER 2020
CHENNAI METRO RAIL LIMITED
CHENNAI METRO RAIL PROJECT PHASE 2, CORRIDOR 3

TENDER No. CP05/UG05

BIDDING DOCUMENTS

Part 1 Bidding Procedures


Section - I Instructions to Bidders (ITB)
Section - II Bid Data Sheet (BDS)
Section - III Evaluation and Qualification Criteria(EQC)
Section – IV A Bidding Forms
Section - IV-B Pricing Document
Section - V Eligible Source Countries

Part 2 Employer’s Requirements


Section - VI.
Sub - Section A. General
Sub - Section B. Functional
Sub - Section C. Design
Sub - Section D. Construction
Sub - Section E. Appendices
Section - VI A – OHS&E Requirements
Volume 1. Control
Volume 2. Safety Manual
Volume 3. Environment
Section - VII. Outline Construction Specifications
Sub - Section 1. Civil and Structural Works
Sub - Section 2. Geotechnical, Instrumentation and Monitoring
Sub - Section 3. Plumbing and Earthmat Works
Section - VIII. Employer’s Drawings

Part 3 Conditions of Contract and Contract Forms

Section - IX. General Conditions of Contract (GCC)


Section - X. Particular Conditions of Contract (PCC)
Section - XI. Annex to PCC Forms

Part 4 Reference Documents


A. Geotechnical Investigation Record
B. Existing Building Condition Survey Reports
C. Temporary Traffic Diversion Plans
D. Existing Utilities Drawings
E. Indicative Reference quantities for Key items
CHENNAI METRO RAIL LIMITED
CHENNAI METRO RAIL PROJECT PHASE 2, CORRIDOR 3
TENDER No. CP05/UG05
“CONSTRUCTION OF THREE UNDERGROUND STATIONS AT
ADYAR DEPOT, INDIRA NAGAR AND TARAMANI ROAD JN AND
RAMP AND WORKS OTHER THAN DIAPHRAGM WALL OF
UNDERGROUND STATION AT THIRUVANMIYUR METRO”.

PART - 3
CONDITIONS OF CONTRACT

SINGLE STAGE TWO ENVELOPE BIDDING

SECTION - IX

GENERAL CONDITIONS OF CONTRACT (GCC)

NOVEMBER 2020
Chennai Metro Rail Project – Phase 2, Corridor-3. Part-3, Section - IX
TENDER No. CP05/UG05 General Conditions of Contract (GCC)

General Conditions of Contract (GCC)

The General Conditions governing this Contract shall be Conditions of Contract for Construction
MDB Harmonized Edition, prepared and copyrighted by the International Federation of
Consulting Engineers (Fédération Internationale des Ingénieurs-Conseils, or FIDIC), FIDIC
2010, all rights reserved, (hereinafter referred to as “Standard GC”). This publication is
exclusive for the use of JICA’s Borrowers and their project implementing agencies as provided
under the License Agreement dated August 1st, 2008, between JICA and FIDIC, and,
consequently, no part of this publication may be reproduced, translated, adapted, stored in a
retrieval system or communicated, in any form or by any means, whether mechanical,
electronic, magnetic, photocopying, recording or otherwise, without prior permission in writing
from FIDIC, except by the parties above and only for the exclusive purpose of preparing this
Contract.

The General Conditions of Contract are available on the JICA’s website shown below:

http://www.jica.go.jp/english/our_work/types_of_assistance/oda_loans/oda_op_info/guide/tende
r/index.html

CMRL/Rev. D GCC - 1 November 2020


CHENNAI METRO RAIL LIMITED
CHENNAI METRO RAIL PROJECT PHASE 2, CORRIDOR 3

TENDER No. CP05/UG05

“CONSTRUCTION OF THREE UNDERGROUND STATIONS AT


ADYAR DEPOT, INDIRA NAGAR AND TARAMANI ROAD JN AND
RAMP AND WORKS OTHER THAN DIAPHRAGM WALL OF
UNDERGROUND STATION AT THIRUVANMIYUR METRO”.

PART - 3

CONDITIONS OF CONTRACT

SINGLE STAGE TWO ENVELOPE BIDDING

SECTION - X

PARTICULAR CONDITIONS OF CONTRACT


(PCC)

NOVEMBER 2020
Chennai Metro Rail Project – Phase 2, Corridor 3. Part-3, Section - X
TENDER No. CP05/UG05 Particular Conditions (Part A: Contract Data)

PARTICULAR CONDITIONS OF CONTRACT


Notes on Particular Conditions
The Particular Conditions (PCC) complement the General Conditions (GCC) to specify data
and contractual requirements linked to the special circumstances of the country, the Employer,
the Engineer, the sector, the overall project and the Works. Whenever there is a conflict, the
provisions herein shall prevail over those in the GCC.
Part A, Contract Data includes data to complement the GCC in a manner similar to the way in
which the Bid Data Sheet complements the Instructions to Bidders.
Part B, the Specific Provisions of the PCC should specify country- or project-specific
provisions for PC in each case.
Clause numbers in the PCC correspond to those in the GCC.

CMRL/Rev. D PC (CD) - 1 November 2020


Chennai Metro Rail Project – Phase 2, Corridor 3. Part-3, Section - X
TENDER No. CP05/UG05 Particular Conditions (Part A: Contract Data)

PART- A – CONTRACT DATA

S. Conditions Sub- Data


No. Clause

1. Employer’s name and 1.1.2.2 & Director (Projects)


address 1.3 Chennai Metro Rail Limited
CMRL Depot, Admin. Building,
Poonamallee High Road,
Koyambedu,
Chennai 600 107.
Tel no: 044 2379 2000
Fax No.: 044 2379 2163
Email ID: dp@cmrl.in
2. Engineer’s name and address 1.1.2.4 & The Project Director,
1.3 NKAB (Nippon Koei Pvt.Ltd, Aarvee
Associates Architects, Engineers &
Consultants Pvt Ltd & Balaji Railroad
Systems Pvt Ltd)
CMRL Depot Admin Building,Koyambedu
Chennai.
3. Bank’s name 1.1.2.11 The Japan International Cooperation
Agency (JICA)
4. Borrower’s name 1.1.2.12 The President of India
5. Time for Completion 1.1.3.3 1725 days
6. Defects Notification Period 1.1.3.7 730 days
7. Sections 1.1.5.6 Refer Table 1 below.
8. Electronic transmission 1.3 Fax 044 23792163 and e-mail dp@cmrl.in
systems
9. Contractor’s name and 1.3 (To be filled in prior to signing of the contract)
address

10. Governing Law 1.4 Indian Law


11. Ruling language 1.4 English
12. Language for 1.4 English
communications
13. The Contractor’s Liabilities 1.16 All taxes, duties and levies will be paid by the
as to the payment taxes and Contractor. Only GST will be reimbursed
against proof of discharge of Liability.
duties:
14. Time for access to, and 2.1 Refer to Table 2: Partial site access and
possession of all parts of, the possession below.
Site

CMRL/Rev. D PC (CD) - 2 November 2020


Chennai Metro Rail Project – Phase 2, Corridor 3. Part-3, Section - X
TENDER No. CP05/UG05 Particular Conditions (Part A: Contract Data)

S. Conditions Sub- Data


No. Clause
15. Engineer’s Duties and 3.1(b)(ii) Variations resulting in an
Authority increase/decrease of the Accepted
Contract Amount in excess of 0.10% shall
require approval of the Employer.
16. Performance Security 4.2 The Performance Security shall be in the
form of a Bank guarantee, in the amounts of
5% of the Accepted Contract Amount and in
the same currency(ies) of the Accepted
Contract Amount.
17. Contractor’s 4.3 (To be filled in prior to signing of the contract)
Representative’s Name
18. Normal working hours 6.5 Round the clock, but subject to permission
from the Relevant Authorities. Obtaining
permission from the Relevant Authorities and
planning the Works to complete within the
Time of Completion shall be the Contractor’s
responsibility.
19. Commencement of Works 8.1(c) Refer to Table 2: Partial site access and
possession below.
20. Delay damages for the Works 8.7 Delay damages for various key dates shall
be as per Table 1: Summary of Delay
Damages below.
21. Maximum amount of delay 8.7 10% of the Contract Price
damages
22. Provisional Sums 13.5 (b) (ii) For shifting/diversion of utilities: 15%
For Architectural Finishes: 10%
(This percentage shall not apply to the
expenses of DB)
23. Total advance payment 14.2 10% of the Accepted Contract Amount
(excluding GST and provisional sum)
payable as Interest free Mobilization
advance in the currencies and proportions in
which the Accepted Contract Amount is
payable.

Mobilization advance shall be paid in two


equal instalments. This advance shall be
payable in the currencies of the Accepted
Contract Amount. The Contractor shall
submit the supporting document of purchase
orders, invoices and like to satisfaction of the
Engineer.

CMRL/Rev. D PC (CD) - 3 November 2020


Chennai Metro Rail Project – Phase 2, Corridor 3. Part-3, Section - X
TENDER No. CP05/UG05 Particular Conditions (Part A: Contract Data)

S. Conditions Sub- Data


No. Clause
24. Repayment amortization rate 14.2(b) 16.67%
of advance payment
25. Percentage of Retention 14.3(c) 5% from each IPC
26. Limit of Retention Money 14.3(c) 5% of Accepted Contract Amount
27. Minimum Amount of Interim 14.6 0.5% of the Accepted Contract Amount
Payment Certificates
28. The Disbursement Procedure a. Local Currency: Reimbursement
Procedure
b. Foreign Currency: Reimbursement
Procedure
The brochures describing JICA’s
14.7
Disbursement Procedures are available
at :
[https://www.jica.go.jp/english/our_work/
types_of_assistance/oda_loans/oda_op
_info/procedure]
29. Periods for submission of
insurance: 18.1
a. evidence of insurance. 15 days
b. relevant policies 28 days
30. Maximum amount of 1% of the Contract amount for each
deductibles for insurance of 18.2(d) occurrence without limit on number of
the Employer's risks occurrences.
31. Minimum amount of third INR 10 Lakhs per occurrence without any
18.3
party insurance limit for occurrence.
32. Date by which the DB shall The DB shall be appointed as and when the
be appointed 20.2(ii) first request is raised within 28 days of
receipt of such request by the Employer.
33. The DB shall be comprised of 20.2(iii) Three members
34. DB Remuneration 20.2(vi) Each DB member shall be paid a retainer
fees of INR 20,000/- per month.
In addition to the retainer fees a sum of INR
20,000/- shall be paid per sitting / site visit.
Apart from the above, if the member is from
outstation return economy class airfare, 3
star hotel accommodation and a daily local
conveyance allowance upto INR 3000/- shall
be reimbursed per sitting/site visit against
submission of original bills/vouchers.
35. Language of Arbitration 20.6 English

CMRL/Rev. D PC (CD) - 4 November 2020


Chennai Metro Rail Project – Phase 2, Corridor 3. Part-3, Section - X
TENDER No. CP05/UG05 Particular Conditions (Part A: Contract Data)

S. Conditions Sub- Data


No. Clause
36. Place of Arbitration I. In case of the Contractor or the
Lead Partner of the Contractor (in
the case of a Joint Venture or
Consortium) being of Japanese
origin:
Chennai, India or any other place
20.6 mutually agreed by both parties.
II. In case of the Contractor or the
Lead Partner of the Contractor (in
the case of a Joint Venture or
Consortium) being of Indian
origin:
Chennai, India
37. Arbitration 20.6 III. In case of the Contractor or the
Lead Partner of the Contractor (in
the case of a Joint Venture or
Consortium) being of Japanese
origin:
administrated by: Singapore
International Arbitration Center
(SIAC)
conducted under: SIAC Rules of
Arbitration
IV. In case of the Contractor or the
Lead Partner of the Contractor (in
the case of a Joint Venture or
Consortium) being of Indian
origin:
administrated by: Indian Arbitral
Tribunal
conducted under: Arbitration and
Conciliation Act, 1996 as amended
from time to time.

CMRL/Rev. D PC (CD) - 5 November 2020


Chennai Metro Rail Project – Phase 2, Corridor 3. Part-3, Section - X
TENDER No. CP05/UG05 Particular Conditions (Part A: Contract Data)

Table 1: Summary of Delay Damages

1.1 Delay Damages for Non-achievement of Main Key Dates

Liquidated
Damage
Calendar days Amount in INR
Key Date Lakhs per day
Key Date Description from date of
No.
Commencement 1 to From 29th
28 day
days onwards

KD-UG5-01 Setting up of Employer’s Office Establishment 60 1 10

Submission of Detailed Work Programme with all


KD-UG5-02 activities for entire Work and Completion of 90 1 10
Utilities Surveys and Site Surveys

Casting of 1000mm or 1200mm Station


KD-UG5-03 Diaphragm Wall first panel for Taramani Road Jn 120 1 10
Station

Casting of 1000mm or 1200mm Station


Diaphragm wall first panel for Adyar Depot, Indira
KD-UG5-04 150 1 10
Nagar Stations and Ramp Cut and Cover Box after
Taramani Road Jn

Completion of Station and Entry / Exit Diaphragm


KD-UG5-05 740 1 10
Walls for all stations and ramp

KD-UG5-06 Roof Slab completion for all stations 1020 1 10

KD-UG5-07 Concourse Slab completion for all stations 1115 1 10

KD-UG5-08 Completion of Ramp after Taramani Road Jn 1150 1 10

KD-UG5-09 Base Slab and Stitch wall completion for all 1370 1 10
stations
Completion of overall Station Structures including
KD-UG5-10 Street Level Entry / Exits and excluding TBM shaft 1670 1 10
portions for all stations
Completion of all Construction Works including
KD-UG5-11 Architectural Provisional Sum Works for all the 1725 1 10
stations and ramp
Completion of Management Role for all Stations, Till Revenue
KD-UG5-12 Tunnels and Ramp after Taramani Road Jn and Operation Date - -
handover to the Employer (31 AUG 2026)

CMRL/Rev. D PC (CD) - 6 November 2020


Chennai Metro Rail Project – Phase 2, Corridor 3. Part-3, Section - X
TENDER No. CP05/UG05 Particular Conditions (Part A: Contract Data)

1.2 Delay Damages for Non-achievement of Intermediate Key Dates


Note:
1. Intermediate key dates Liquidated Damage shall be INR 50,000/- per day per IKD
(Intermediate Key Date).

A. Station Specific Key Dates

Calendar days from date of Commencement


Key Date
Key Date Description Adyar Thiruvanmiyur Taramani
Number Indira Nagar
Depot Metro Road Jn

Construction of Station and


ID-UG5-01 740 700 600
Entry / Exit Diaphragm Walls

Completion of Roof Slab for


ID-UG5-02 680 700 1020 555
main station box

Completion of Commercial
ID-UG5-03 795
Slab

Completion of Upper
ID-UG5-03 A
Plantroom slab

Completion of Mezzanine
ID-UG5-04
Slab

Completion of Upper
ID-UG5-04 A
Platform Slab

Completion of Concourse
ID-UG5-05 775 910 1115 1020
Slab

Completion of Lower
ID-UG5-05 A
Plantroom slab

Completion of Base Slab


ID-UG5-06 965 1275 1370 1320
and Stitch Wall

Completion of Lower
ID-UG5-06 A
Platform slab

Completion of Overall
Station Structures including
ID-UG5-07 Street Level, Entry / Exits 1240 1455 1670 1500
and excluding TBM shaft
portions

Completion of External
ID-UG5-08 Parking levels including
Ramps if any

Completion of all Station


ID-UG5-09 Works including Entry and 1630 1665 1725 1650
Exits

CMRL/Rev. D PC (CD) - 7 November 2020


Chennai Metro Rail Project – Phase 2, Corridor 3. Part-3, Section - X
TENDER No. CP05/UG05 Particular Conditions (Part A: Contract Data)

B. Access Dates to Interfacing Contractor

Key Date Calendar days from date of Commencement


Key Date Description
Number
Adyar Thiruvanmiyur Taramani
Indira Nagar
Depot Metro Road Jn

Access Date to Architectural


ID-UG5-10 1025 1335 1430 1350
Provisional Sum Contractor

Handing over of Station track


ID-UG5-11 1420 1495 1550 1540
area to Track Works Contractor

ID-UG5-12 Access Date for MEP Rooms 1115 1425 1520 1440

Access Date for TVS, ECS &


ID-UG5-13 1450 1425 1450 1440
SCADA Rooms

ID-UG5-14 Access Date for ASS Rooms 1450 1455 1550 1470

Access Date for Signalling and


ID-UG5-15 1145 1455 1550 1470
Telecommunication Rooms

Access Date for AFC, Lifts,


ID-UG5-16 Escalators and Platform 1145 1455 1550 1470
Screen Door Contractors

C. Access Dates for TBM Launching Shaft


Calendar days
Key Date
Key Date Description from date of
Number
Commencement

Access to Tunnel Contractor

ID-UG5-17 Indira Nagar - T7L3 & T7L4 870

Taking over from Tunnel Contractor

ID-UG5-18 Indira Nagar - T7L3 & T7L4 1275

Note:
1. After taking over of stations / crossover / shafts from the Tunnel Contractor, the Station
Contractor to coordinate and provide access to the Tunnel Contractor for him to
complete the balance tunneling works.

2. LD is applicable only to Key Dates of Access to Tunnel Contractor

CMRL/Rev. D PC (CD) - 8 November 2020


Chennai Metro Rail Project – Phase 2, Corridor 3. Part-3, Section - X
TENDER No. CP05/UG05 Particular Conditions (Part A: Contract Data)

D. Access Dates for TBM Retrieval Shaft


Calendar days
Key Date
Key Date Description from date of
Number
Commencement

Access to Tunnel Contractor

ID-UG5-19 Cut and Cover Shaft of Ramp after Taramani Road Jn - T7R1 550

ID-UG5-20 Indira Nagar - T8R1 560

ID-UG5-21 Indira Nagar - T8R2 760

ID-UG5-22 Cut and Cover Shaft of Ramp after Taramani Road Jn - T7R2 840

ID-UG5-23 Adyar Depot - T7R3 1015

ID-UG5-24 Adyar Depot - T8R3 1030

ID-UG5-25 Adyar Depot - T7R4 1185

ID-UG5-26 Adyar Depot - T8R4 1270

Taking over from Tunnel Contractor

ID-UG5-27 Cut and Cover Shaft of Ramp after Taramani Road Jn - T7R1 640

ID-UG5-28 Indira Nagar - T8R1 650

ID-UG5-29 Indira Nagar - T8R2 850

ID-UG5-30 Cut and Cover Shaft of Ramp after Taramani Road Jn - T7R2 930

ID-UG5-31 Adyar Depot - T7R3 1100

ID-UG5-32 Adyar Depot - T8R3 1120

ID-UG5-33 Adyar Depot - T7R4 1275

ID-UG5-34 Adyar Depot - T8R4 1360

Note:
1. After taking over of stations / crossover / shafts from the Tunnel Contractor, the Station
Contractor to coordinate and provide access to the Tunnel Contractor for him to
complete the balance tunneling works.

2. LD is applicable only to Key Dates of Access to Tunnel Contractor

CMRL/Rev. D PC (CD) - 9 November 2020


Chennai Metro Rail Project – Phase 2, Corridor 3. Part-3, Section - X
TENDER No. CP05/UG05 Particular Conditions (Part A: Contract Data)

E. Taking over of Station from Tunnel Contractor after his completion of Tunnel
drives
Calendar days
Key Date
Key Date Description from date of
Number
Commencement

ID-UG5-35 Thiruvanmiyur Metro Station 900

Note:
1. After taking over of stations / crossover / shafts from the Tunnel Contractor, the Station
Contractor to coordinate and provide access to the Tunnel Contractor for him to
complete the balance tunneling works.

2. LD is applicable only to Key Dates of Access to Tunnel Contractor

F. Access Dates for Taramani Road Jn Station for TBM bored through
Calendar days
Key Date
Key Date Description from date of
Number
Commencement

Completion of Station Box Diaphragm Walls of Taramani Road Jn for TBM-7


ID-UG5-36 420
(T7L1& T7L2) Bored through

Access from for Station Construction below Roof Slab (After T7L2 drive
ID-UG5-37 900
completion)

Note:
1. After taking over of stations / crossover / shafts from the Tunnel Contractor, the Station
Contractor to coordinate and provide access to the Tunnel Contractor for him to
complete the balance tunneling works.

2. LD is applicable only to Key Dates of Access to Tunnel Contractor

G. Access Dates for Track work Contractor for Rail Lowering


Calendar days
Key Date
Key Date Description from date of
Number
Commencement

Access to Track work Contractor

ID-UG5-38 Cut and cover open ramp after Taramani Road Jn 1150

Taking over back from Track work Contractor

ID-UG5-39 Cut and cover open ramp after Taramani Road Junction 1475

Note:
1. After taking over of stations / crossover / shafts / ramp from the Track work Contractor,
the Station Contractor to coordinate and provide access to the Track work Contractor
for him to complete the balance works.

2. LD is applicable only to Key Dates of Access to Track work Contractor

CMRL/Rev. D PC (CD) - 10 November 2020


Chennai Metro Rail Project – Phase 2, Corridor 3. Part-3, Section - X
TENDER No. CP05/UG05 Particular Conditions (Part A: Contract Data)

H. Taking over of Tunnels from Tunnel Contractor after his completion of


Tunnel Works

Calendar days
Key Date
Key Date Description from date of
Number
Commencement

ID-UG5-40 Thiruvanmiyur Metro to Indira Nagar 970

ID-UG5-41 Thiruvanmiyur Metro to Ramp Cut and Cover after Taramani Road Jn 1050

ID-UG5-42 Indira Nagar to Adyar Depot 1335

ID-UG5-43 Adyar Jn to Adyar Depot 1430

Note:
1. After taking over of tunnels from the Tunnel Contractor, the Station Contractor to
coordinate and provide access to the Tunnel Contractor and other Interface Contractors
for them to complete their Works.

2. LD is not applicable for these dates.

CMRL/Rev. D PC (CD) - 11 November 2020


Chennai Metro Rail Project – Phase 2, Corridor 3. Part-3, Section - X
TENDER No. CP05/UG05 Particular Conditions (Part A: Contract Data)

Table 2: Partial site access and possession.


1. The Site and works Areas will be made available to the Contractor at different times.
These Site and works Areas are illustrated in the Employer’s Drawings (Refer to Part 2
Section VIII – Employer’s Drawings).
2. The Employer may, however, give to the Contractor access to portions of the Site and
works Areas earlier than the time stated and the Contractor shall accept them. The
Contractor shall not be entitled to any additional payment for early access of any
portion of the Site or works Areas.
3. The descriptions of the Site and Works Areas in this section are indicative and the
Contractor shall satisfy himself as to the exact nature of the various Site and works
Areas and the extent of works to be carried out prior to the execution of the Permanent
Works or making use of the area as working space and/or for temporary site facilities.
4. The Contractor shall submit to the Engineer for a notice of no objection, a written
proposal for the use and occupation of these Site and works Areas at least 6 weeks prior
to the programmed use of the requested areas. The availability of Site and works Areas
will only be permitted for the actual duration of the permanent and temporary works
within the particular Site and works Areas. The Contractor shall comply with the
Employer’s Requirements as stated in Appendix 8 of Part 2 regarding the use of the
Site and works Areas.
5. The Contractor is deemed to have acquainted himself with the actual location and
conditions of the Site and allow for any contingency with regard to the means of
access and any special Site restrictions including the requirement to reinstate all
works disturbed or damaged to match with the existing condition.
6. Buildings, above ground and below ground structures which are located within the Works
Areas shall be demolished / sliced by the Contractor.
7. Wherever full buildings are to be demolished the existing electricity, water and sewage
connection of the buildings should be properly disconnected by the Contractor in co-
ordination with the concerned departments. For buildings which are to be the sliced the
existing utility connections shall be suitably rearranged / relocated in co-ordination with
the concerned departments.
8. The Contractor shall propose controlled access points to the Site and works Areas
from the existing roads in different periods for a notice from the Engineer.
The Contractor shall not construct any temporary roadways which may be necessary
to afford access to his Site and working Areas without a prior notice from the Engineer.
9. The Contractor shall ensure that all approved accesses shall not impose any
constraints and hazard to existing establishments or to other works by Interfacing
Contractors. If such accesses are required to be relocated, deleted or closed as may be
directed by the Engineer, the Contractor shall do so at his own costs and time.
10. The Contractor shall maintain at all times all existing roads, road traffic, road accesses,
traffic junctions, pedestrian routes and access to existing buildings within the Site and
works Areas during all stages of the traffic diversion schemes he may propose for the
execution of the Works. The Contractor shall submit his proposal, for a notice from the
Engineer, after having received approval from all Relevant Authorities, for the
provision of temporary accesses required at any existing building(s) to ensure

CMRL/Rev. D PC (CD) - 12 November 2020


Chennai Metro Rail Project – Phase 2, Corridor 3. Part-3, Section - X
TENDER No. CP05/UG05 Particular Conditions (Part A: Contract Data)

continuation of access for the public and to facilitate construction of the Works.
11. Unless otherwise noted, the Contractor shall protect all existing buildings and
structures, either located within or adjacent to, the Site and works Areas to the
satisfaction of the Engineer.
12. Work areas falling under the Road Right of Way which includes Road and footpaths
shall be accessed for work by the Contractor after obtaining necessary permission from
the Regulatory Authorities including Traffic Police Department.
13. If any land and/or right of way, other than the Site and works Areas shown on the
Employer’s Drawings, is required by the Contractor for the purpose of the execution of
the Works, such as for temporary diversion, ground treatment, storage, site offices for
the Contractor or the Engineer, etc... the same shall be arranged by the Contractor at
his own risk and cost. The Employer where feasible may at his discretion assist the
Contractor in this respect.
14. Schedule of Site Access Dates:
The table below sets out the access dates when Site Areas are available, and the
Contractor shall take these dates into account in his Works Programme.

Access Date from date of


Location reference commencement.
Number of Days
Adyar Depot Station
SAD-01 Date of Commencement
SAD-02 Date of Commencement
SAD-03 Date of Commencement
SAD-04 Date of Commencement
SAD-05 Date of Commencement
SAD-06 Refer to item 12 above

Indira Nagar Station


SIN-01 Date of Commencement
SIN-02 Date of Commencement
SIN-03 Date of Commencement
SIN-04 Date of Commencement
SIN-05 Date of Commencement
SIN-06 Refer to item 12 above

CMRL/Rev. D PC (CD) - 13 November 2020


Chennai Metro Rail Project – Phase 2, Corridor 3. Part-3, Section - X
TENDER No. CP05/UG05 Particular Conditions (Part A: Contract Data)

Taramani Road Junction Station


STR-01 Date of Commencement
STR-02 Date of Commencement
STR-03 Date of Commencement
STR-04 Date of Commencement
STR-05 Refer to item 12 above

Ramp
Cut 7 Cover, U-Section Refer to item 12 above
and Retaining wall

Thiruvanmiyur Metro Station


All work areas Refer to Part 2 Section VI Appendix
2B

15. For relevant Work Area Drawings reference shall be made to the drawings in Part 2
Section VIII Employers Drawings.
16. Contractor shall handover / takeover part of work area to / from the Tunnel
Contractor (TU01/TU02) for the Tunneling Operations as per the Key Dates given in
Part 2 Section VI Appendix 2B and as per the Work Area Drawings given in Part 2
Section VIII Employers Drawing.
17. Contractor shall carryout Interface Coordination on the use of Site and Works Areas
with the Tunnel Contractors TU01 and TU02 for Tunneling Operations by them at all
Stations and Crossovers. Contractor shall also carryout Interface Coordination with
other Discipline Contracts such as –Civil Works, Track Works and System Works
for the use of Site and Works Areas by them.
18. Work area interface with other contractors:
Contractor shall be handing over or taking over or sharing part or full Work Area to / from
other Contractors such as Civil Works, Track Works, MEP and System Works as per
the Key Dates given in Part 2 Section VI Appendix 2B.
During handing over of Works Areas to the other Contractors, the Contractor shall clear
and clean the Work Areas to the satisfaction of the Engineer.
19. Any additional work area required for Station Operations and relevant road traffic
arrangement / diversion shall be arranged by the Station Contractor with necessary
approvals from Traffic Police department / Stake holders.

CMRL/Rev. D PC (CD) - 14 November 2020


Chennai Metro Rail Project – Phase 2, Corridor 3. Part-3, Section - X
TENDER No. CP05/UG05 Particular Conditions (Part B: Specific Provisions)

Part B – Specific Provisions

PCC
GCC Clause
Clause
No.
No.
1.General Provisions
1.1 Definitions
1.1.1 The Contract
Delete the entire Sub-Clause 1.1.1.4 and substitute the following:
“Letter of Tender” means the document(s) entitled letter of bid, or letters of
1. 1.1.1.4 technical bid and price bid, as appropriate, which was/were completed by the
Contractor and include(s) the signed offer to the Employer for the Works.”

1.1.2 Parties and Persons


Add a new Sub-Clause 1.1.2.13:
"Designated Interfacing Contractors" means any of the following whose
activities or the works they are engaged to carry out, affect or are affected by
the Works, in any way or at any time:
(a) Project contractors, design or specialist consultants engaged on the
Project from time to time by the Employer, the Government of India, the
Government of Tamilnadu or the utility providers;
2. 1.1.2.13 (b) utility providers;
(c) developers or franchisees appointed on the Project from time to time by
the Engineer;
(d) Sub-contractors of any tier of the contractors with category (a) above, and
contractors and subcontractors of any tier of utility providers, developers
and franchisees within category (b) & (c) above; provided that the
definition shall exclude the Contractor and his subcontractors of any tier in
relation to the Works.
Add a new Sub-Clause 1.1.2.14:
3. 1.1.2.14 “Designer” means the Lead Designer of the Contractor.
“DDC” means the Detailed Design Consultant engaged by the Employer.

1.1.3 Dates, Tests, Periods and Completion


Add a new Sub-Clause 1.1.3.10:
4. 1.1.3.10 “Contract Period” means the period from the Commencement Date to the date
of issue of performance certificate.

Add a new Sub-Clause 1.1.3.13:


5. 1.1.3.13 “Key Date” means a date by which the activity mentioned under such Key
Date is to be completed.

Add a new Sub-Clause 1.1.3.14:


“Stage” means level of progress of the works identified as such and more
6. 1.1.3.14 particularly described in the Employer’s Requirements for which a Key Date for
the achievement thereof is stipulated in the Contract.

CMRL/Rev. D PC (SP) - 1 November 2020


Chennai Metro Rail Project – Phase 2, Corridor 3. Part-3, Section - X
TENDER No. CP05/UG05 Particular Conditions (Part B: Specific Provisions)

PCC
GCC Clause
Clause
No.
No.
1.1.4 Money and Payments
Add a new Sub-Clause 1.1.4.13:
7. 1.1.4.13 “Price Centre Amount” means the amount quoted by the Bidder towards a
Price Centre.
1.1.6 Other Definitions

Add a new Sub-Clause 1.1.6.11:


8. 1.1.6.11 “Relevant Authority” means any government department or public body (other
than the Engineer) having jurisdiction in relation to the Works.
1.2 Interpretations
Add the following new points to sub-clause 1.2:
9. 1.2 (f) The word ‘’Contract Price’’ is synonymous with ‘’Contract Sum’’ or “Contract
Value”.
1.5 Priority of Documents
Replace Sub-Clause 1.5 with the following:
The documents forming the Contract are to be taken as mutually explanatory
of one another. For the purposes of interpretation, the priority of the
documents shall be in accordance with the following sequence:
(a) the Contract Agreement,
(b) the Letter of Acceptance (LoA),
(c) Letter of Technical Bid and Letter of Price Bid
(d) Addendum/Corrigendum to Tender
(e) the Particular Conditions – Part A
(f) the Particular Conditions – Part B
10. 1.5
(g) FIDIC Conditions of Contract for construction for Building and Engineering
works designed by the Employer, 2010(GCC)
(h) Employer’s Requirements
(i) Employer’s Drawings
(j) Pricing Document & Financial Bid
(k) the Acknowledgement of Compliance with Guidelines for Procurement
under Japanese ODA Loan
(l) Schedules, any other documents forming part of the contract
If an ambiguity or discrepancy is found in the documents, the Engineer shall
issue any necessary clarification or instruction.
1.6 Contract Agreement
Add the following to the end of Sub-clause 1.6:
11. 1.6 Till the execution of Contract Agreement, the Letter of Acceptance (LoA) shall
be considered as an Agreement.
1.15 Inspections and Audit by the Bank

12. 1.15 Delete the entire Sub-Clause 1.15

CMRL/Rev. D PC (SP) - 2 November 2020


Chennai Metro Rail Project – Phase 2, Corridor 3. Part-3, Section - X
TENDER No. CP05/UG05 Particular Conditions (Part B: Specific Provisions)

PCC
GCC Clause
Clause
No.
No.

1.16 The Contractor’s Liabilities as to the payment taxes and duties (New Clause)
Add the following as a new Sub-Clause:
All duties, taxes, Cess and other levies payable such as Custom duty# etc.
shall be paid by the Contractor. Only GST will be reimbursed against
13. 1.16 submission of proof of discharge of his liability.
# This project is eligible for Project Import Scheme under the heading 98.01
under Customs Tariff Act 1975. The Employer will provide necessary
certificate for the eligibility of this Project under this Act.
4 The Contractor
4.1 Contractor’s General Obligations
In the third paragraph, delete “have their origin in any eligible source country
as defined by the Bank” and substitute the following:
14. 4.1
“meet the requirements specified in the Section V: Eligible Source Countries of
Japanese ODA Loans hereto.”.
4.2 Performance Security
Replace paragraph 2 of GCC Sub-Clause 4.2 with the following:
The Contractor shall deliver the Performance Security to the Employer within
28 days after receiving the Letter of Acceptance and shall send a copy to the
15. 4.2 Engineer. The Performance Security shall be issued by a Public sector bank
(PSB) or any Japanese Bank as listed under Schedule of Commercial Banks
by The Reserve Bank of India (RBI) and shall be in the form annexed to the
Particular Conditions, as stipulated by the Employer, or in another form
approved by the Employer.
4.8 Safety Procedures
Add the following to the end of Sub-Clause 4.8:
Within 56 days of the date of LoA, the Contractor shall submit a detailed and
16. 4.8 comprehensive contract-specific Site Safety Plan based on the Employer’s
Occupational, Health, Safety and Environmental Requirements (OSH&E
Requirements) given in Section VI-A of the Employer’s Requirement.
4.18 Protection of the Environment
Add the following to the end of Sub-Clause 4.18:
Within 56 days of the date of the LoA, the Contractor shall submit a detailed
17. 4.18 and comprehensive Site Environmental Plan based on the Employer’s
Occupational, Health, Safety and Environmental Requirements (OHS&E
Requirements) as given in Section VI-A of the Employer’s Requirements and
shall include such further material, which are necessary and relevant.
4.21 Progress Reports
Add the following to the end of Sub-Clause 4.21:
The Contractor shall furnish to the Engineer, a detailed cash flow estimate
together with an “S” curve, in respect of the works, within 28 days from the
18. 4.21
Commencement Date. This shall be up-dated and submitted every
subsequent, three (3) months, thereafter until the completion of the works.

CMRL/Rev. D PC (SP) - 3 November 2020


Chennai Metro Rail Project – Phase 2, Corridor 3. Part-3, Section - X
TENDER No. CP05/UG05 Particular Conditions (Part B: Specific Provisions)

PCC
GCC Clause
Clause
No.
No.
4.22 Security of the Site
Add the following to the end of Sub-Clause 4.22:
(c) The Contractor shall take all measures necessary to ensure such security,
including exercising control over all persons and vehicles which are
employed or engaged on the Site or in connection with the Works or the
other works comprising the Project and with the security arrangements
applicable to any other site within the Project.

(d) The Contractor shall arrange the issue of passes for the admission of all
persons and vehicles to the Site or to any part thereof and may refuse
admission to or remove from the Site any person or vehicle failing to
show an appropriate pass on demand to any duly authorized person.

19. 4.22 (e) If required by the Engineer, the Contractor shall submit a list identifying
all persons to whom passes have been issued together with two
photographs of each person and all entities to which a pass has been
issued in respect of any vehicle and shall satisfy the Engineer of the
bonafides of any such person or entity.

(f) The Contractor, after obtaining any necessary consent from any relevant
authority, shall submit to the Engineer proposals showing the layout of
pedestrian routes, lighting, signs, and guarding any road opening or
traffic diversion which may be required in connection with the execution
of the Works and which the Contractor intends to construct. Any consent
given by the Engineer to such proposals shall not relieve the Contractor
of any obligation under the Contract or absolve the Contractor from any
liability for or arising from such proposals or the implementation thereof.
5. Nominated Subcontractor
5.1 Definition of “Nominated Subcontractor”
In sub-paragraph (b), delete “[Objection to Notification]” and substitute
20. 5.1
“[Objection to Nomination]”.
6 Staff and Labour
6.7 Health and Safety
Delete the following last sentence of the last paragraph:
“Payment to the Contractor for preparation and implementation this
programme shall not exceed the Provisional Sum dedicated for this purpose.”.

Add the following to Sub-Clause 6.7:


21. 6.7 The Contract shall allow for continuous audits of the Contractor’s compliance
with his OHS&E Plan and the requirements of Section VI-A, of Part-2
Employer’s Requirements.

CMRL/Rev. D PC (SP) - 4 November 2020


Chennai Metro Rail Project – Phase 2, Corridor 3. Part-3, Section - X
TENDER No. CP05/UG05 Particular Conditions (Part B: Specific Provisions)

PCC
GCC Clause
Clause
No.
No.

8 Commencement, Delays and Suspension

8.1 Commencement of Works


Add the following at the end of Sub-clause 8.1:
The date of commencement shall be 35 days from the date of issue of LoA.
The date of e-mail communication shall be considered as the date of issue of
LoA. Thereafter the Contractor shall proceed with due diligence, without delay,
22. 8.1
and in accordance with the programme. The Contractor shall not commence
the construction, manufacture or installation of the Works or of any part of the
Works unless and until the Engineer has endorsed the relevant Working
Drawings in accordance with the Employer's Requirements.

8.2 Time for Completion

Add the following Sub-Clauses to the end of Sub-Clause 8.2:


8.2.1 Access for Others by Key Dates
a) In addition to the Contractor’s obligations to Interfacing Contractors
contained elsewhere in the Contract, the Contractor shall provide access,
occupation or handover to Interfacing Contractors to those parts of the
Works which are subject to Key Dates, by the Key Dates.
b) The Contractor shall complete those parts of the Works, which are subject
to Key Dates, by the Key Dates as specified in Table -1, Part-A - Contract
Data, Section X of this Contract. Those parts of the Works subject to Key
Dates shall be completed to a state whereby any Interfacing Contractor can
immediately commence his works without the need to make any change,
addition or modification to the Contractor’s Works.
c) The Engineer acting reasonably shall issue a notice of no objection
confirming the date on which any part of the Works subject to a Key Date is
in the condition required by the Contract so that access, occupation or
handover can be given to an Interfacing Contractor in accordance with the
requirements of the Contract.
23. 8.2 d) The Contractor shall give written notice to the Employer’s Representative
as soon as he can reasonably foresee an event occurring which is liable to
cause any delay to the granting of access, occupation or handover in
accordance with the Contract to an Interfacing Contractor by a Key Date.
Such notice, which may, if applicable, be combined with a notice given in
regard to the Works or any Section in accordance with Clause 8.4 of the
General Conditions, shall not in any event be given later than 28 days after
the commencement of such an event which is liable to cause delay to the
Key Date.
e) At the time of giving notice of any delay in accordance with GCC/PCC
Clause 8.3, the Contractor shall provide the information required under
GCC/PCC Clause 8.3, to the extent applicable to the Key Date.
f) Once occupation is given to an Interfacing Contractor in accordance with
this Condition of Particular Application clause, the Contractor shall only be
given access to complete any outstanding work or defective work at the
times agreed with the Interfacing Contractor who has occupation.
g) In addition to the obligation to give access, occupation or handover to parts
of the Site to Interfacing Contractors, the Contractor shall at all reasonable

CMRL/Rev. D PC (SP) - 5 November 2020


Chennai Metro Rail Project – Phase 2, Corridor 3. Part-3, Section - X
TENDER No. CP05/UG05 Particular Conditions (Part B: Specific Provisions)

PCC
GCC Clause
Clause
No.
No.
times allow access to all of the Site to the Interfacing Contractors for the
purposes of erecting catenary, laying cables, installing signaling and
communications systems and all similar work.
h) The access and occupation referred to in this PCC clause shall include for
heavy vehicles at all times.
i) The Contractor shall allow for, and be deemed to have included all related
costs, in the Contract Price for access, occupation or handover for
Interfacing Contractors on 7 days a week, 24 hours per day basis.
8.4 Extension of Time for Completion
Add the following to the end of Sub-Clause 8.4:
However, the Contractor shall not be entitled to any extension of time where
the instructions or acts of the Employer or the Engineer are necessitated by or
intended to cure any default of or breach of Contract by the Contractor or
where any delay is due to:
a. the failure of sub-contractor, to commence or to carry out work in due time,
24. 8.4 b. inclement weather conditions, other than 1 in 50 year cycle and
c. the Contractor not fulfilling his obligations under Sub-Clause 4.6.
8.4.1 Extension of time for completion for other reasons
Whether or not the Contractor fails to achieve any Key Date by reason of any
delay shall not by itself be material to the Contractor's entitlement to an
extension of time. Any extension to a Key Date shall not by itself entitle the
Contractor to an extension to any other Key Date and the Time for Completion.

8.7 Delay Damages


Add to Sub- Clause 8.7:
8.7.1
If the Contractor fails to provide access, occupation or handover in
accordance with the Contract to an Interfacing Contractor for any part of the
Works which is subject to a Key Date or If the Contractor fails to substantially
achieve any Key Date within the time so prescribed, subject to any extension
granted under GCC Clause 8.4, the Engineer shall recover Liquidated
Damage from the Contractor’s IPC, as stated in Table-1 of PCC Part-A
Contract Data, for every day which elapses or any damages likely to be
suffered by him if that part of the Works. However, the total amount of
Liquidated Damages and penalties on all Key Dates summed up including Key
Date related to taking over on completion of entire work shall not exceed 10%
25. 8.7
of the total Contract Price.

8.7.2
Delay Damages in respect of two or more Key Dates may run concurrently,
and the Contractor will be liable for the aggregate of Delay Damages for all
delayed Key Dates.

8.7.3
All sums payable by the Contractor to the Employer pursuant to GC Clause
8.7 shall be paid as Delay Damages for delay and not as a penalty.

CMRL/Rev. D PC (SP) - 6 November 2020


Chennai Metro Rail Project – Phase 2, Corridor 3. Part-3, Section - X
TENDER No. CP05/UG05 Particular Conditions (Part B: Specific Provisions)

PCC
GCC Clause
Clause
No.
No.
8.7.4
Delay damages levied on earlier missed key dates will be refunded provided
that the delay does not result in delay for the works of any interfacing
contractors or overall completion of the work. In such a scenario, if there is any
claim by interfacing contractor, the damages collected will be compensated
against the claim and the balance will be released.
8.9 Consequences of Suspension

Add to Sub-Clause 8.9:


The Contractor shall not be entitled to claim extra cost (if any), incurred by
him, during the period of suspension of Work, if such suspension is
a. provided for in the Contract, or
b. such suspension is necessary for the safety of Works or any part thereof,
or
c. such suspension is necessary for the safety of adjoining public or other
property or safety of the public or workmen or those who have to be at
the site, or
d. to ensure safety and to avoid disruption of traffic and utilities, as also to
permit fast repairs and restoration of any damaged utilities.
e. Provided that such occurrences under b, c & d mentioned above are not
attributable to the Contractor.

Extension
of Time Compensation for
Sr. Suspension as per the
Remarks
No. Period Clause Suspension
GCC/PCC period
26. 8.9 8.4
Extension of time
as considered
1 1 – 30 days YES NO
proper by the
Engineer
· As per Daily rate
of wages for idle
labour /
employees Compensation as
· 70% of the rate assessed by the
for hire charges Engineer on
Above 30 for idle plant & submission of
2 YES
days machinery documentary proof
(excluding cost of by the Contractor
fuel & lubricants) to Engineer’s
· 15% above all satisfaction
these items to
cover overhead
costs

CMRL/Rev. D PC (SP) - 7 November 2020


Chennai Metro Rail Project – Phase 2, Corridor 3. Part-3, Section - X
TENDER No. CP05/UG05 Particular Conditions (Part B: Specific Provisions)

PCC
GCC Clause
Clause
No.
No.

8.13 Bonus Clause


Add a new Sub-clause 8.13:
Incentive: INR 25 Lakhs per day for each day completed earlier reckoned from
the date of completion stipulated in the agreement, subject to a maximum of
5% of the Contract Sum. Engineer’s decision in regard to payment of incentive
27. 8.13 and the amount thereof shall be final and binding on the Contractor, without
any right to appeal or raise disputes. Bonus clause is applicable if the Taking
over happens before the Taking over key date mentioned in the contract.
In case of any extension of time (EOT) due to the Contractor’s default, the
above provision of bonus clause will be null and void.

13 Variations and Adjustments


13.5 Provisional Sum
Add the following at the end of Sub-Clause 13.5:
As an exception to the above, the Provisional Sum for the cost of the DB shall
be used for payments to the Contractor towards the Employer’s share (one-
half) of the invoices of the DB for its fees and expenses, in accordance with
PCC 20.2. No prior instruction of the Engineer shall be required with respect to
the work of the DB. The provisional sum towards the cost of DB specified in
28. 13.5 this Contract is only for 50% share of the Employer. The Contractor shall
produce the DB invoices and satisfactory evidence of having paid 100% of
such invoices as part of the substantiation of those Statements which contain
requests for payment of 50% of DB invoices towards Employer’s share of DB.
The Engineer’s certification of such statements shall be based upon such
invoices and such evidence of payment by the Contractor. Contractor’s
overhead, profit, etc., shall not be included for the cost of the DB.
13.7 Adjustment for Changes in Legislation
Replace Sub-Clause 13.7 of GCC with the following:
13.7.1 Changes in Cost Due to Change in Law:
13.7.1.1 The Contract shall be governed by the laws for the time being in force
in India.
13.7.1.2 “Change of Law” means the occurrence or coming into force of the
following, at any time after the Base date:
Any new tax or change in the rate of any existing tax / duty if so related to the
works, which is imposed after the due date of submission of tender and which
impacts the performance of the contractor with increased cost or which results
29. 13.7 in extra financial gains to the contractor due to decreased cost in execution of
works.
13.7.1.3 Such additional or reduced cost shall be certified by the Engineer
after examining records provided by the Contractor and shall be paid by or
credited to the Employer as the case may be Subject to sub-clause 13.7.1.5
below:
13.7.1.4 Notwithstanding the foregoing, such additional or reduced cost shall
not be separately paid or credited, if, the same shall have been taken into
account under any other clause of the Contract;
13.7.1.5. No addition or reduction in cost due to any changes in any other Law

CMRL/Rev. D PC (SP) - 8 November 2020


Chennai Metro Rail Project – Phase 2, Corridor 3. Part-3, Section - X
TENDER No. CP05/UG05 Particular Conditions (Part B: Specific Provisions)

PCC
GCC Clause
Clause
No.
No.
will be allowed by the Employer, except for the changes due to
i) Any new tax introduced and / or changes in the existing tax rates.
ii) Changes in rate of Customs Duty as compared to the rate existing on the
base date; and
iii) Change in the rate of GST as compared to the rate existing on the base
date.
13.8 Adjustment for Changes in Cost
Replace GCC Sub-Clause13.8 with the following:
Price Variation Formula.
13.8.1 Contract Price payable to the Contractor, in accordance with the
Contract, shall be subject to adjustment during performance of the
Contract to reflect changes in the cost of labour, material and P&M
components and other inputs to the Works, in accordance with the
following general formula specified;

Pn = a + b(Ln/Lo) + c(Sn/So) + d(Cn/Co) + e(Fn/Fo) + f(Mn/Mo)


Where:

“Pn” is the adjustment factor to be applied to the certified value of the work
carried out in period “n”, this period being a month unless otherwise stated in
the Contract Data.

“a” is a fixed coefficient as specified in Schedule of Adjustment Data in Bidding


forms, Section IV A, representing the nonadjustable portion in contractual
payments;
30. 13.8
“b”, “c”, “d”, “e” and “f” are coefficients representing the estimated proportion of
each cost element (labour, steel, cement, fuel and Plant & Machinery) in the
Works or sections thereof, as specified in Schedule of Adjustment Data in
Bidding forms, Section IV A,

“Ln”, “Sn”, “Cn” “Fn” and “Mn” are the current cost indices for month “n”,
determined pursuant to Schedule of Adjustment Data in Bidding forms, Section
IV A of PART 1, applicable to each cost element; and

“Lo”, “So”, “Co” “Fo” and “Mo” are base cost indices corresponding to the above
cost elements at the date specified in Schedule of Adjustment Data in Bidding
forms, Section IV A.

13.8.2 Conditions Applicable To Price Adjustment:


The source of indices shall be as per Schedule of Adjustment Data in Bidding
forms, Section IV A. Base dates is as follows;
(a) The base cost indices or prices shall be those Bases, prevailing on the
day 28 days prior to the closing date for submission of bids. Current
indices or prices shall be those prevailing on the day 28 days prior to the

CMRL/Rev. D PC (SP) - 9 November 2020


Chennai Metro Rail Project – Phase 2, Corridor 3. Part-3, Section - X
TENDER No. CP05/UG05 Particular Conditions (Part B: Specific Provisions)

PCC
GCC Clause
Clause
No.
No.
last day of the period to which a particular Interim Payment Certificate is
related. If at any time the current indices are not available, provisional
indices as determined by the Engineer will be used, subject to
subsequent correction of the amounts paid to the Contractor when the
current indices become available.
(b) No price adjustment shall be payable on advance payment and the
portion other than contract price. Price variation is not applicable on GST
and Provisional Sum.
(c) The responsibility of arranging copies of the all the above mentioned
indices, from the Reserve Bank of India/Office of Economic advisor, to be
delivered to the Engineer on a monthly basis, shall rest with the
Contractor.
(d) Whenever the nomenclature or classification or description of the indices
undergo a change than that is available on the Base date, the Engineer
will choose appropriate indices closer to the one available on the Base
date for the purpose of determining the variation. The decision of the
Engineer in this regard shall be final and binding.
13.8.3 Application of Price Variation Clause to extra items and provisional
sum:
No Price variation is applicable for Extra items and for Architectural
finishes operated under Provisional Sum.
13.8.4 Adjustment on Account of Price Variation
Adjustments on account of Price Variations may be positive (in which case an
additional amount shall be paid to the Contractor), or negative (in which case
the amount of Price Variation shall be recovered from the Contractor).
Adjustment on account of Price Variation shall be calculated separately, for
each period between two successive dates of the Contractor’s statements and
paid with the IPC.
After verifying the statement, the Engineer shall certify the adjustment amount
and advise the same to the Employer along with the IPC. Should any extra
amount be due to Contractor, the Employer shall pay the same as far as
possible within 28 days of certification by the Engineer. Any amount due from
the Contractor on account of negative adjustment shall be recovered from his
pending or other statements at the earliest.
13.8.5 Procedure in case of delay in availability of final Indices
Where the final Price Indices are not available in the Reserve Bank of India
Bulletins, while making payment towards an IPC, payment towards the Price
Variation will be made on provisional basis based on the indices available, to
be adjusted in subsequent statements as and when the final Indices figures
become available.
13.8.6 Price Variation during extended period of completion.
The price adjustment as worked out above i.e. either increase or decrease will
be applicable up to the stipulated Completion Date of the Works, including the
extended period of completion where such extension has been granted under
Sub-Clauses 8.4 of the Part 3 - General Conditions, and where such an
extension has been granted, the price adjustment will be due as follows:
a) In case the indices increase above the indices applicable to a bill made on

CMRL/Rev. D PC (SP) - 10 November 2020


Chennai Metro Rail Project – Phase 2, Corridor 3. Part-3, Section - X
TENDER No. CP05/UG05 Particular Conditions (Part B: Specific Provisions)

PCC
GCC Clause
Clause
No.
No.
the last date of original completion period or the extended period under
Sub-Clauses 8.4, the price adjustment for the period of extension granted
in accordance with GC sub-clause 8.4 will be limited to the amount
payable as per the indices applicable to a statement made on the last date
of the original completion period or the extended period as determined by
the Employer as the case may be.
b) In case the indices fall below the indices applicable to a statement made
on the last date of the original or extended period of completion, then the
lower indices will be adopted for Price Adjustment for the period of
extension.
c) No price increase will be allowed for periods of delay for which the
Contractor is held responsible. The Employer will, however, be entitled to
any price decrease occurring during such periods of delay.

14 Contract Price and Payment


14.1 The Contract Price
Add the following to the end of Sub-Clause 14.1(a).
31. 14.1 Contract Price means the price excluding Provisional Sum and GST.
Delete last paragraph of GCC Sub-Clause 14.1

14.2 Advance Payment

CMRL/Rev. D PC (SP) - 11 November 2020


Chennai Metro Rail Project – Phase 2, Corridor 3. Part-3, Section - X
TENDER No. CP05/UG05 Particular Conditions (Part B: Specific Provisions)

PCC
GCC Clause
Clause
No.
No.
Replace first paragraph of Sub-Clause 14.2 with the following:
The Employer shall make an interest free advance payment for mobilization
when the Contractor submits a guarantee in accordance with this sub-clause.
This guarantee shall be in the form of BG for an equivalent amount of the
requested advance amount as per format given in the Annex to PCC from a
Public sector bank (PSB) or any Japanese Bank as listed under Schedule of
Commercial Banks by The Reserve Bank of India (RBI). The total advance
payment and the applicable currencies and proportions, shall be as stated in
Contract Data.
Mobilization advance shall be paid in two equal instalments as mentioned
below:
14.2
The First instalment of the Advance Payment may be paid after: (i) the
32. Contract Agreement is signed; and (ii) the required Bank Guarantee in the
specified format from banks as mentioned above is submitted.
The Second & final instalment of the Advance Payment may be paid after:
(i) the required Bank Guarantee in the specified format from banks as
mentioned above is submitted (ii) the evidence for satisfactory utilization of the
First instalment of mobilization is submitted; and (iii)Key Personnel and Plant &
machinery as required for the project are mobilized.
Within 30 days of release of the second and final Instalment of the Advance
Payment, the Contractor shall submit the evidence for satisfactory utilization of
the second instalment of mobilization.

14.3 Application for Interim Payment Certificates (IPC)


Add the following Sub-Clauses at the end of Sub-Clause 14.3:
14.3.1 Tax Deduction at Source
Deduction towards Income Tax, and any other tax, may be made at source
from each payment made by the Engineer, as may be directed by Income Tax
Department and other statutory bodies or as provided in statute, relevant acts,
rules, circulars and directions issued thereunder.
14.3.2 Post Payment Audit
33. 14.3 The Employer reserves the right to carry out a post payment audit and/or
technical examination of the Works, and the Final account, including all
supporting vouchers, abstracts, etc., and to make a claim on the Contractor for
the refund of any excess amount paid to him, if as a result of such
examination, any over-payment to him is discovered to have been made in
respect of any work done or alleged to have been done by the Contractor,
under the Contract. If any under-payment is discovered, the same shall be
paid by the Employer to the Contractor. Such payments or recoveries,
however, shall not be subject to any interest.

CMRL/Rev. D PC (SP) - 12 November 2020


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No.
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14.5 Plant and Materials intended for work
Delete “Schedules” in the second paragraph, in the sub-paragraph (b) (i) and
34. 14.5 in the sub-paragraph (c) and substitute “Contract Data” respectively.

14.6 Issue of Interim Payment Certificates


Add the following at the end of the first paragraph:
“and shall include any amounts due to or from the Contractor in accordance
35. 14.6
with a decision by the DB made under Sub-Clause 20.4 [Obtaining Dispute
Board’s Decision].”

14.7 Payment
Delete sub-paragraphs (b) and substitute the following:

“(b) The payment for 80% of the certified amount shall be made by the
Employer within 07 days of Preliminary Certification for Interim Payment
Certificates by the Engineer. The balance amount shall be paid within 28
days from the date of preliminary certification of the bill by the Engineer.
The amount certified shall account for all deductions, recoveries for
advances and any amounts due from the Contractor. The above facility
shall be withdrawn in case the certification by the Engineer of the final
amount falls below 80% of the payment application by the contractor in
two successive applications. On withdrawal of such facility, the amount
certified in each Interim Payment Certificate shall be paid within 28 days
of preliminary certification by the Engineer.

Delete the last paragraph of this Sub-Clause and substitute the


36. 14.7 following:
“Payment of the amount due in:
(A) local currency, payable from the proceeds of the Loan, shall be made
through as stated in the Contract Data; and

(B) foreign currency, payable from the proceeds of the Loan, shall be made
through as stated in the Contract Data.

Payment of the amount due in each currency, payable from any source of
finance other than the Loan Agreement such as the Employer’s own funds,
shall be made directly into the bank account opened by the Contractor in the
name of JV and project at Chennai.

Any charges or fees associated with or incidental to remittance of funds from


JICA/ Employer to the Contractor’s account including but not limited to those
for opening and amendment commissions of the Letter of Credit shall solely be
borne by the Employer.”

CMRL/Rev. D PC (SP) - 13 November 2020


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Add the following to the end of Sub-Clause 14.7:


In addition to the provisions of this sub-clause, the Contractor shall open an
account in the name of JV and project to enable effective utilization of
mobilization advance and IPC payments released to the Contractor for this
Work. This account will be subject to quarterly audit by the Employer, and the
Contractor shall submit the quarterly statements of this bank account to the
Engineer.

14.9 Payment of Retention Money


Add the following at the end of Clause 14.9
Retention money equal to 5% of the amount due to the Contractor in running
bills from time to time will be retained until it reaches an amount of 5% of the
Contract Price in respective currencies.
The Employer shall at six monthly intervals release 100% of retention money
upon submission of Bank Guarantee of like amount in respective currencies
from a Public sector bank (PSB) or any Japanese Bank as listed under
Schedule of Commercial Banks by The Reserve Bank of India (RBI), in the
format annexed to the Particular Conditions.
a. In case Retention money is released at 6 monthly intervals upon
37. 14.9 submission of Bank Guarantee for equal amount by the Contractor:
When the Taking-Over Certificate has been issued for the Works, the
Retention Money (Bank Guarantees) shall be certified by the Engineer for
return to the Contractor.
The Employer shall return the guarantee to the Contractor within 21 days
after receiving a copy of the Performance Certificate.
b. In case Retention money is in the hands of the Employer:
When the Taking-Over Certificate has been issued for the Works, the
Retention Money shall be certified by the Engineer for payment to the
Contractor.
14.15 Currencies of Payment
Delete the entire Sub-Clause 14.15 and substitute:
“The Contract Price shall be paid in the currency or currencies in which the bid
price was expressed in the Letter of Price Bid. However, Payments in foreign
currencies shall be made only on satisfactory production of documentary proof
of sourcing the material, equipment or services outside the Employer's
country. Any unutilized portion of Foreign Currency shall be paid in equivalent
INR as mentioned in (d) below. If more than one currency is so named, in
38. 14.15 Letter of Price Bid, payments shall be made as follows:
(a) payment by the Contractor for damages specified in the Contract Data,
shall be made in INR (Local Currency).
(b) other payments to the Employer by the Contractor shall be made in the
currency in which the sum was expended by the Employer, or in such
currency as may be agreed by both Parties;
(c) if any amount payable by the Contractor to the Employer in a particular
currency exceeds the sum payable by the Employer to the Contractor in
that currency, the Employer may recover the balance of this amount from

CMRL/Rev. D PC (SP) - 14 November 2020


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No.
No.
the sums otherwise payable to the Contractor in other currencies; and
(d) the applicable rates of exchange shall be those prevailing on the Base
Date and determined by the central bank of the Country.”
15 Termination by the Employer
15.2 Termination by Employer
Add to Sub-Clause 15.2 :
39. 15.2 On termination of Contract due to Contractor’s default, the Employer shall be
entitled to forfeit the whole or such portion of the Performance Security amount
as he may consider fit.

15.6 Corrupt and Fraudulent practices


Delete the entire Sub-Clause 15.6 and substitute the following:
“If the Employer determines, based on reasonable evidence, that the
Contractor has engaged in corrupt or fraudulent practices, in competing for or
in executing the Contract, then the Employer may, after giving 14 days’ notice
to the Contractor, terminate the Contract and expel him from the Site, and the
provisions of Clause 15 shall apply as if such termination had been made
under Sub-Clause 15.2 [Termination by Employer].

40. 15.6 Should any employee of the Contractor be determined, based on reasonable
evidence, to have engaged in corrupt or fraudulent practice during the
execution of the work then that employee shall be removed in accordance with
Sub-Clause 6.9 [Contractor’s Personnel].
The Contractor is required to comply with JICA's policy in regard to corrupt
and fraudulent practices as declared in the Acknowledgement of Compliance
with Guidelines for Procurement under Japanese ODA Loans.”

20 Claims, Disputes and Arbitration


20.2 Appointment of Dispute Board
Delete Sub-Clause 20.2 in its entirety and replace with the following
Dispute Board (DB):
(i) If a dispute (of any kind whatsoever) arises between the Parties in
connection with, or arising out of the Contract or the execution of the
Works, including any dispute as to any certificate, determination,
instruction, opinion or valuation of the Engineer, either Party may
refer the dispute in writing to the Dispute Board (DB) for its decision,
41. 20.2 with copies to the other Party and the Engineer. Such reference shall
state that it is given under this sub-clause.
(ii) The DB shall be appointed as and when the first request is raised, within
28 days of receipt of such request by the employer.
(iii) The DB shall comprise three members. The Employer shall, within fifteen
days from the date of receipt of such notice, send a list of 20 (twenty)
independent and neutral members who shall have overall experience of
more than 25 years in the fields of Metro Railways, Railways in any

CMRL/Rev. D PC (SP) - 15 November 2020


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No.
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discipline viz; civil construction (elevated/underground), Rolling stock,
S&T, Traction and allied fields and should have worked on at least one
project funded by MDBs or under Bilateral agreements. These names are
obtained from those Organizations, for the purpose of nominating them
as DB Members/Arbitrator, who are also not ex-employees or directly or
in-directly associated with CMRL.
(iv) In case of the Contractor or the Lead Partner of the Contractor (in
the case of a Joint Venture or Consortium) being of Japanese origin
CMRL will ask the successful bidders to propose few names up to a
maximum of twenty from Japan for DB Members/Arbitrator and all such
names will be abridged and out of the same, ten names will be shortlisted
by GC based on their qualifications, experience etc. These shortlisted ten
names will be added to the list of 20 member’s panel of DB Members /
Arbitrator mentioned above.
(v) Each party shall choose any one member from the panel. The two
members so nominated shall recommend a third member from the same
panel and the Parties shall agree upon the same, who shall then act as
Chairman of the DB.
(vi) The remuneration payable to the adjudicators shall be as prescribed in
the Contract Data Sheet and shall be shared by both Parties equally.
(vii) If at any time the Parties so agree, they may jointly refer a dispute or any
matter to the DB for it to give its opinion. Neither Party shall consult the
DB members on any matter without the agreement of the other Party.
(viii) If any member of the DB declines to act or is unable to act as a result of
death, disability, resignation or termination of appointment, a replacement
shall be made in the same manner as the replaced person was
appointed.
(ix) The appointment of any member may be terminated by mutual
agreement of both Parties, but not by the Employer or the Contractor
acting alone. Unless otherwise agreed by both parties, the appointment
of the DB (including each member) shall expire when the discharge
referred to in sub clause 14.12 shall have become effective.
(x) If either party is dissatisfied with the DB’s decision, then the party, on or
before 28 days on receipt of such decision, shall notify the other party of
its dissatisfaction, and its intention to refer the dispute for Arbitration,
failing which the decision of the DB shall be final and binding.
20.3 Failure to Agree on the Composition of the Dispute Board

42. 20.3 Delete Sub-Clause 20.3 of Part 3 General Conditions in its entirety
20.4 Obtaining Dispute Board’s Decision
Delete entire first paragraph of sub-clause 20.4 Obtaining Dispute
43. 20.4
Board’s Decision.
20.6 Arbitration

CMRL/Rev. D PC (SP) - 16 November 2020


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No.
No.
Delete sub-clause 20.6 in its entirety and replace with the following sub-
clauses:
1. Any dispute between the Parties arising out of or in connection with the
Contract, not settled under Amicable Settlement in accordance with Sub-
Clause 20.5, shall be finally settled by arbitration. The rules governing
arbitration shall be as under.
A. In case of the Contractor or the Lead Partner of the Contractor (in
the case of a Joint Venture or Consortium) being of Japanese
origin
i) The Arbitral Proceedings will be administered by the Singapore
International Arbitration Center (SIAC) and conducted under the
SIAC Rules of Arbitration.
ii) The dispute shall be referred to an Arbitral Tribunal comprising of
three members. Each party shall nominate one arbitrator from the
Panel list of DB Members/Arbitrator utilized earlier under Clause
20.2, within fifteen days from the date of receipt of failure notice
issued under Clause 20.5. The two arbitrators so nominated, shall
appoint the Presiding Arbitrator from the Panel referred above, by
mutual consultation among themselves, within 15 days of the
appointment of the second Arbitrator.
iii) The venue of Arbitration will be at Chennai, India or any other
place mutually agreed by both parties.
iv) The arbitration shall be conducted in English language.
v) The Indian Arbitration and Conciliation Act, 1996, as amended
from time to time shall be applicable for the procedure post
Arbitration award.
44. 20.6 B. In case of the Contractor or the Lead Partner of the Contractor (in
the case of a Joint Venture or Consortium) being of Indian origin
i) The dispute shall be referred to an Arbitral Tribunal comprising
three members. Either Party may propose to the other Party for
referring the dispute to Arbitration. If the proposal is initiated by the
Contractor, such proposal shall be addressed to the Employer and
the Employer shall, within fifteen days from the date of receipt of
such proposal, send a Panel of Dispute Board members/Arbitrators
to the Contractor. Such panel of independent persons, shall meet
with the requirement relating to the independence or impartiality of
arbitrators referred to in the Fifth and Seventh schedules, read with
Section 12, sub-sections (1) (a), (b) and (5) of the Indian Arbitration
and Conciliation Act, 1996 as amended by the Arbitration and
Conciliation (Amendment) Act 2015.
ii) The Contractor shall nominate an arbitrator from the said Panel
within fifteen days from the date of receipt of the List of Panel from
the Employer. The Employer shall nominate its Arbitrator from the
said Panel within 15 days thereafter.
iii) If the proposal for referring the dispute to Arbitration is made by the
Employer to the Contractor, it shall forward such proposal to the
Contractor along with the nomination of its Arbitrator from the said
Panel. The Contractor shall, within fifteen days of receipt of the list
of Panel from the Employer, nominate its arbitrator from the Panel.

CMRL/Rev. D PC (SP) - 17 November 2020


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No.
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iv) If either party fails to nominate its Arbitrator within the prescribed
time limit as mentioned above, after the nomination by the other
party, then such other party, after the expiry of the prescribed time
limit, has the right to nominate the arbitrator from the Panel, on
behalf of the party failing to nominate. The two arbitrators so
nominated, shall appoint the Presiding Arbitrator from the Panel
referred above, by mutual consultation among themselves, within
15 days of the appointment of the second Arbitrator.
v) If no consensus is reached within 15 days regarding the
appointment of the Presiding Arbitrator, either party may apply to
the Designated Court referred to in the Arbitration and Conciliation
Act, 1996 as amended by the Arbitration and Conciliation
(Amendment) Act 2015 for the appointment of the Presiding
Arbitrator.
vi) The Parties agree that the selection and nomination of Arbitrators
from the Panel should be based on the nature and subject matter
of dispute to be adjudicated upon, that is, the nominated
Arbitrators shall have sufficient knowledge and experience to
decide upon the disputed matter.
vii) In the event of an arbitrator dying, neglecting or refusing to act or
resigning or being unable to act for any reason, it shall be lawful to
appoint another arbitrator in place of the outgoing arbitrator in the
manner aforesaid.
viii) Subject to aforesaid, the Arbitration and Conciliation Act,1996 as
amended from time to time, and the rules thereunder and any
statutory modifications thereof for the time being in force shall be
deemed to apply to the arbitration proceedings under this clause.
ix) The venue of the arbitration shall be Chennai. The cost of
Arbitration including the fees of the Arbitrators shall be borne
equally by both the parties.

2. The arbitrators shall have full power to open up, review and revise any
certificate, determination, instruction, opinion or valuation of the Engineer,
and any decision of the DB relevant to the dispute. Nothing shall disqualify
representatives of the Parties and the Engineer from being called as a
witness and giving evidence before the arbitrators in any matter
whatsoever relevant to the dispute.
3. Neither Party shall be limited in the proceedings before the arbitrators to
the evidence or arguments previously put before the DB to obtain its
decision, or to the reasons for dissatisfaction given in its Notice of
Dissatisfaction. Any decision of the DB shall be admissible in the
arbitration.
4. Arbitration may be commenced prior to or after completion of the Works.
The obligations of the Parties, the Engineer and the DB shall not be altered
by reason of any arbitration being conducted during the progress of the
Works.

CMRL/Rev. D PC (SP) - 18 November 2020


Chennai Metro Rail Project – Phase 2, Corridor 3. Part-3, Section - X
TENDER No. CP05/UG05 Particular Conditions (Part B: Specific Provisions)

CMRL/Rev. D PC (SP) - 19 November 2020


CHENNAI METRO RAIL LIMITED
CHENNAI METRO RAIL PROJECT PHASE2, CORRIDOR 3
TENDER No. CP05/UG05
“CONSTRUCTION OF THREE UNDERGROUND STATIONS AT
ADYAR DEPOT, INDIRA NAGAR AND TARAMANI ROAD JN AND
RAMP AND WORKS OTHER THAN DIAPHRAGM WALL OF
UNDERGROUND STATION AT THIRUVANMIYUR METRO”.

BIDDING PROCEDURES

SINGLE STAGE TWO ENVELOPE BIDDING

SECTION - XI

ANNEX TO PARTICULAR CONDITIONS- CONTRACT


FORMS

NOVEMBER 2020
Chennai Metro Rail Project – Phase 2, Corridor3. Part-3, Section -XI
TENDER No. CP05/UG05 Annex to Particular Conditions-Contract
Forms

Table of Forms
Letter of Acceptance ...............................................................................2

Contract Agreement................................................................................3

Performance Security .............................................................................5

Advance Payment Security .....................................................................7

Retention Money Security.......................................................................9

CMRL/Rev. D CF-1 November 2020


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Letter of Acceptance
[insert letterhead paper of the Employer]

[insert date]

To: [insert name and address of the Contractor]

This is to notify you that your Bid dated [insert date] for execution of the [insert name
of the Contract and identification number, as given in the Contract Data] for the
Accepted Contract Amount of the equivalent of [insert amount in words and
figures][insert name of currency], as corrected and modified in accordance with the
Instructions to Bidders, is hereby accepted by [insert name of Employer].

You are requested to furnish the Performance Security within 28 days in accordance
with the Conditions of Contract, using for that purpose one of the Performance Security
Forms included in Section XI, Contract Forms, of the Bidding Document.

Authorized Signature :
Name and Title of Signatory
:
Name of Agency :

Attachment: Memoranda (Insert list of memoranda (if any) as referred in Sub-Clause


1.1.1.3)

CMRL/Rev. D CF-2 November 2020


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Contract Agreement
THIS AGREEMENT made the [insert day] day of [insert month], [insert year], between
[insert name of the Employer] (hereinafter “the Employer”), of the one part, and [insert
name of the Contractor] (hereinafter “the Contractor”), of the other part:
WHEREAS the Employer desires that the Works known as [name of the Contract]
should be executed by the Contractor, and has accepted a Bid by the Contractor for
the execution and completion of these Works and the remedying of any defects
therein,

The Employer and the Contractor agree as follows:

1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Contract documents referred to.
2. The following documents shall be deemed to form and be read and construed as
part of this Agreement. This Agreement shall prevail over all other Contract
documents.
(a) the Contract Agreement,
(b) the Letter of Acceptance (LoA),
(c) Letter of Technical Bid and Letter of Price Bid
(d) Addendum/Corrigendum to Tender
(e) the Particular Conditions – Part A
(f) the Particular Conditions – Part B
(g) FIDIC Conditions of Contract for construction for Building and Engineering works
designed by the Employer, 2010(GCC)
(h) Employer’s Requirements
(i) Employer’s Drawings
(j) Pricing Document & Financial Bid
(k) the Acknowledgement of Compliance with Guidelines for Procurement under
Japanese ODA Loan
(l) Schedules, any other documents forming part of the contract

3. In consideration of the payments to be made by the Employer to the Contractor as


specified in this Agreement, the Contractor hereby covenants with the Employer
to execute the Works and to remedy defects therein in conformity in all respects
with the provisions of the Contract.
4. The Employer hereby covenants to pay the Contractor in consideration of the
execution and completion of the Works and the remedying of defects therein, the
Contract Price or such other sum as may become payable under the provisions of
the Contract at the times and in the manner prescribed by the Contract.

CMRL/Rev. D CF-3 November 2020


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IN WITNESS whereof the parties hereto have caused this Agreement to be executed
on the day and year first above written.

Signed by _______________________ Signed by ______________________


for and on behalf of the Employer for and on behalf the Contractor in the
in the presence of: presence of:

Witness; Witness;
Name : Name :
Signature : Signature :
Address : Address :

CMRL/Rev. D CF-4 November 2020


Chennai Metro Rail Project – Phase 2, Corridor3. Part-3, Section -XI
TENDER No. CP05/UG05 Annex to Particular Conditions-Contract
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Performance Security
Option 1: Demand Guarantee

[insert Guarantor letterhead or SWIFT identifier code]

Beneficiary: [insert name and Address of the Employer]

Date: [insert date of issue]

PERFORMANCE GUARANTEE No.: [insert guarantee reference


number]

Guarantor: [insert name and address of place of issue, unless indicated


in the letterhead]

We have been informed that [insert name of Contractor, which in the case
of a joint venture shall be the name of the joint venture] (hereinafter called
"the Applicant") has entered into Contract No.[insert reference number of
the contract]dated [insert date] with the Beneficiary, for the execution of
[insert name of the contract and brief description of the Works] (hereinafter
called "the Contract").

Furthermore, we understand that, according to the conditions of the


Contract, a performance guarantee is required.

At the request of the Applicant, we as Guarantor, hereby irrevocably


undertake to pay the Beneficiary any sum or sums not exceeding in total
an amount of [insert amount in figures]([insert amount in words]),1 such
sum being payable in the types and proportions of currencies in which the
Contract Price is payable, upon receipt by us of the Beneficiary’s
complying demand supported by the Beneficiary’s statement, whether in
the demand itself or in a separate signed document accompanying or
identifying the demand, stating that the Applicant is in breach of its
obligation(s) under the Contract, without the Beneficiary needing to prove
or to show grounds for its demand or the sum specified therein.

This guarantee shall expire and be returned to us, no later than the [insert
the day]day of [insert month], [insert year]2, and any demand for payment

1
The Guarantor shall insert an amount representing the percentage of the Accepted Contract Amount
specified in the Letter of Acceptance and denominated either in the currency(cies) of the Contract or a freely
convertible currency acceptable to the Beneficiary.
2
Insert the date twenty-eight days after the expected completion date as described in GC Clause 11.9.
CMRL/Rev. D CF-5 November 2020
Chennai Metro Rail Project – Phase 2, Corridor3. Part-3, Section -XI
TENDER No. CP05/UG05 Annex to Particular Conditions-Contract
Forms
under it must be received by us at this office indicated above on or before
that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees


(URDG) 2010 Revision, ICC Publication No. 758, except that the
supporting statement under Article 15(a) is hereby excluded.

_____________________
[signature(s)]
[Note: All italicized text (including footnotes) is for use in preparing this form and shall be
deleted from the final product.]

CMRL/Rev. D CF-6 November 2020


Chennai Metro Rail Project – Phase 2, Corridor3. Part-3, Section -XI
TENDER No. CP05/UG05 Annex to Particular Conditions-Contract
Forms

Advance Payment Security

Demand Guarantee

[insert Guarantor letterhead or SWIFT identifier code]

Beneficiary:[insert name and address of the Employer]

Date: [insert date of issue]

ADVANCE PAYMENT GUARANTEE No.: [insert guarantee reference number]

Guarantor: [insert name and address of place of issue, unless indicated in the
letterhead]

We have been informed that [insert name of Contractor, which in the case of a joint
venture shall be the name of the joint venture] (hereinafter called “the Applicant”) has
entered into Contract No. [insert reference number of the contract]dated [insert date
of the contract] with the Beneficiary, for the execution of [insert name of contract and
brief description of Works](hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, an


advance payment in the sum [insert amount in figures]([insert amount in words]) is to
be made against an advance payment guarantee.

At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay


the Beneficiary any sum or sums not exceeding in total an amount of [insert amount
in figures] ([insert amount in words])1 upon receipt by us of the Beneficiary’s complying
demand supported by the Beneficiary’s statement, whether in the demand itself or in
a separate signed document accompanying or identifying the demand, stating either
that the Applicant:

(a) has used the advance payment for purposes other than the costs of mobilization
in respect of the Works; or
(b) has failed to repay the advance payment in accordance with the Contract
conditions, specifying the amount which the Applicant has failed to repay.

A demand under this guarantee may be presented as from the presentation to the
Guarantor of a certificate from the Beneficiary’s bank stating that the advance payment

1
The Guarantor shall insert an amount representing the amount of the advance payment and
denominated either in the currency(ies) of the advance payment as specified in the Contract, or in a freely
convertible currency acceptable to the Employer.

CMRL/Rev. D CF-7 November 2020


Chennai Metro Rail Project – Phase 2, Corridor3. Part-3, Section -XI
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referred to above has been credited to the Applicant on its account number[insert
number]at[insert name and address of Applicant’s bank].

The maximum amount of this guarantee shall be progressively reduced by the amount
of the advance payment repaid by the Applicant as specified in copies of interim
statements or payment certificates which shall be presented to us. This guarantee
shall expire and be returned to us, at the latest, upon our receipt of a copy of the
interim payment certificate indicating that ninety (90) percent of the Accepted Contract
Amount, less provisional sums, has been certified for payment, or on the [insert day]
day of [insert month], [insert year],2 whichever is earlier. Consequently, any demand
for payment under this guarantee must be received by us at this office on or before
that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No. 758, except that the supporting statement under Article
15(a) is hereby excluded.

____________________
[signature(s)]

[Note: All italicized text (including footnotes) is for use in preparing this form and shall
be deleted from the final product.]

2
Insert the expected expiration date of the Time for Completion.

CMRL/Rev. D CF-8 November 2020


Chennai Metro Rail Project – Phase 2, Corridor3. Part-3, Section -XI
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Forms

Retention Money Security

Demand Guarantee

[insert Guarantor letterhead or SWIFT identifier code]

Beneficiary:[insert name and Address of Employer]

Date:[insert date of issue]

RETENTION MONEY GUARANTEE No.:[insert guarantee reference number]

Guarantor: [insert name and address of place of issue, unless indicated in the
letterhead]

We have been informed that[insert name of Contractor, which in the case of a joint
venture shall be the name of the joint venture] (hereinafter called "the Applicant") has
entered into Contract No.[insert reference number of the contract]dated [insert date]
with the Beneficiary, for the execution of [insert name of contract and brief description
of Works] (hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, the


Beneficiary retains moneys up to the limit set forth in the Contract (“the Retention
Money”), and that when the Taking-Over Certificate has been issued under the
Contract and the first half of the Retention Money has been certified for payment,
payment of [insert the second half of the Retention Money or if the amount guaranteed
under the Performance Guarantee when the Taking-Over Certificate is issued is less
than half of the Retention Money, the difference between half of the Retention Money
and the amount guaranteed under the Performance Security] is to be made against a
Retention Money guarantee.

At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay
the Beneficiary any sum or sums not exceeding in total an amount of [insert amount
in figures]([insert amount in words])1 upon receipt by us of the Beneficiary’s complying
demand supported by the Beneficiary’s statement, whether in the demand itself or in
a separate signed document accompanying or identifying the demand, stating that the

1
The Guarantor shall insert an amount representing the amount of the second half of the Retention
Money or if the amount guaranteed under the Performance Guarantee when the Taking-Over Certificate is
issued is less than half of the Retention Money, the difference between half of the Retention Money and the
amount guaranteed under the Performance Security and denominated either in the currency(ies) of the second
half of the Retention Money as specified in the Contract, or in a freely convertible currency acceptable to the
Beneficiary.

CMRL/Rev. D CF-9 November 2020


Chennai Metro Rail Project – Phase 2, Corridor3. Part-3, Section -XI
TENDER No. CP05/UG05 Annex to Particular Conditions-Contract
Forms

Applicant is in breach of its obligation(s) under the Contract, without the Beneficiary
needing to prove or show grounds for its demand or the sum specified therein.

A demand under this guarantee may be presented as from the presentation to the
Guarantor of a certificate from the Beneficiary’s bank stating that the second half of
the Retention Money as referred to above has been credited to the Applicant on its
account number [insert account’s number] at[insert name and address of Applicant’s
bank].

This guarantee shall expire and be returned to us no later than the [insert day] day of
[insert month], [insert year]2, and any demand for payment under it must be received
by us at the office indicated above on or before that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No. 758, except that the supporting statement under Article
15(a) is hereby excluded.

____________________
[signature(s)]

[Note: All italicized text (including footnotes) is for use in preparing this form and shall
be deleted from the final product.]

2
Insert the same expiry date as set forth in the Performance Security, representing the date twenty-
eight days after the completion date described in GC Clause 11.9.

CMRL/Rev. D CF-10 November 2020

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