Chennai Metro Rail Limited: Part - 3

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

TENDER No. C3/ECV-01/RT01
“CONSTRUCTION OF ELEVATED VIADUCT (APPROXIMATE LENGTH OF

10 KM), NINE (9) ELEVATED METRO STATIONS AT SHOLINGANALLUR
LAKE-I, SRI PONNIAMMAN TEMPLE (SHOLINGANALLUR LAKE-II)#,
SATHYABAMA UNIVERSITY(SEMMEANCHERI-I)#, SEMMEANCHERI-II,
GANDHI NAGAR, NAVALLUR, SIRUSERI, SIRUSERI SIPCOT-1 AND
SIRUSERI SIPCOT-2 AND STABLING VIADUCT AT SIPCOT”
PART - 3
CONDITIONS OF CONTRACT
SINGLE STAGE TWO ENVELOPE BIDDING
APRIL 2022
# Station name “Sri Ponniamman Temple” shall be read as
“Sholinganallur Lake-II” and “Sathyabama University” shall be
read as “Semmeancheri-I” in all the tender documents and tender
drawings.
TENDER 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. Architectural Works
Sub - Section 3. Finishes
Sub - Section 4. Signages
Sub - Section 5. Plumbing and Drainage 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. Temporary Traffic Diversion Plans
C. Existing Utilities Drawings
D. Proposed TNRDC Flyovers along OMR Drawings
E. Environment Management Plan Matrix and Environmental Impact
Assessment

PART - 3
SECTION - IX
GENERAL CONDITIONS OF CONTRACT (GCC)

APRIL 2022
“Sholinganallur Lake-II” and “Sathyabama University” shall be read
as “Semmeancheri-I” in all the tender documents and tender
drawings.
Chennai Metro Rail Project – Phase 2, Corridor-3. Part-3, Section - IX
TENDER No. C3/ECV-01 /RT01 General Conditions of Contract (GCC)
General Conditions of Contract (GCC)

The Conditions of Contract consists of two parts, this Section IX (General Conditions of Contract) and
the following Section X (Particular Conditions of Contract).
The General Conditions shall be the Conditions of Contract for Construction for Building and
Engineering Works Designed by the Employer, Multilateral Development Bank Harmonized Edition,
prepared by the Fédération Internationale des Ingénieurs-Conseil, or FIDIC (FIDIC MDB Harmonized
Construction Contract) available at FIDIC MDB June 2010. The FIDIC MDB Harmonized Construction
Contract is exclusive for the use of ADB Borrowers and their project implementing agencies as provided
under the License Agreement dated 9 June 2005, between ADB 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 Employer identified
in the contract and only for the exclusive purpose of preparing bidding documents for ADB-financed
contracts.
CMRL / Rev. C GCC - 1 April 2022


PART - 3
SECTION - X
PARTICULAR CONDITIONS OF CONTRACT

(PCC)
APRIL 2022
read as “Semmeancheri-I” in all the tender documents and
tender drawings.
Chennai Metro Rail Project – Phase 2, Corridor 3. Part-3, Section - X
TENDER No. C3/ECV-01 /RT01 Particular Conditions of Contract (PCC)
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 of the PCC 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. C PCC - 1 April 2022

PART- A – CONTRACT DATA
S. Conditions of Contract Sub- Data

No. Clause
1. Employer’s Name and address 1.1.2.2 & Chennai Metro Rail Limited
1.3 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. Employer 1.1.2.2 &
1.3 Chennai Metro Rail Limited (CMRL)
3. Engineer’s name and address 1.1.2.4 & The Team leader,

1.3 General Consultants -02
4. Bank’s name 1.1.2.11 Asian Development Bank (ADB)

5. Borrower’s name 1.1.2.12 India
6. Time for Completion 1.1.3.3 1065 days
7. Defects Notification Period 1.1.3.7 730 days
8. Electronic transmission systems 1.3 Fax: 044 23792163 and
e-mail: dp@cmrl.in
9. Governing Law 1.4 The Governing Law shall be the Law of India
10. Ruling language 1.4 English
11. Language for communications 1.4 English
12. Time for access to, and possession 2.1 As per land handing over plan/schedule given in
of all parts of, the Site Part-2, Appendix- 2A.
13. Engineer’s Duties and Authority 3.1(b)(ii) Variations resulting in an increase/decrease of
the Accepted Contract Amount in excess of 1%
shall require approval of the Employer
(cumulative order). However, each individual
variation cannot exceed 0.1%.
14. Performance Security 4.2 The Performance Security will be in the form of
a Bank guarantee, from a Public Sector Bank or
Schedule Commercial Bank in India or from a
Foreign bank having correspondent financial
institution located in India or from such foreign
bank which has tie up with a bank in India for an
amount of 7.5% of the Accepted Contract
Amount (excluding GST and Provisional sum)
and in the same currency of the Accepted
Contract Amount.
15. Normal working hours 6.5 24x7, in shifts of 8 hrs each as per the local
government regulation but subject to permission
from the Relevant Authorities. Obtaining
permission from the Relevant Authorities and


No. Clause
planning the Works to complete within the Time
of Completion shall be the Contractor’s
responsibility.
16. Health and safety of the 6.7 The Contractor’s obligation to take all reasonable
Contractor’s Personnel precautions to maintain the health and safety of
the Contractor’s Personnel and any other
authorized person entering the Site shall include
the obligation to take all reasonable precautions
against Corona Virus Disease 2019 (Covid-19).
To deal with the Covid-19 situation, the Contactor
shall prepare a health and safety plan, in
collaboration with local health authorities and in
compliance with the local regulations, before
starting the works at the Site. The plan shall be
subject to approval of the Engineer.
17. Delay damages for the Works 8.7 As per table in Annexure 1 to PCC
18. Maximum amount of delay 8.7 10 % of the Final Contract Price

damages
19. Provisional Sums 13.5(b)(ii) The percentage for overhead charges and profit
for provisional sum shall be 10%. This
percentage shall not apply to the cost of DAB
operated under Provisional Sum.
20. Adjustments for Changes in Cost 13.8 The Contract Price shall be adjustable during
Contract Execution.
21. The Contract Price 14.1 The following sentence under Clause 14.1 shall
not apply:
“Notwithstanding the provisions of sub-paragraph
(b), Contractor’s Equipment, including essential
spare parts therefor, imported by the Contractor
for the sole purpose of executing the Contract
shall be exempt from the payment of import
duties and taxes upon importation.”
22. Total advance payment 14.2 (i) Interest free mobilization advance at the rate
10% of the Accepted Contract Amount (excluding
GST and provisional sums) is payable in the
currencies and proportions in which the Accepted
Contract Amount is payable.
(ii) Advance against Plant and Machinery:
Interest free Plant and Machinery advance at the rate
of 3% of the Accepted Contract Amount (excluding
GST and provisional sums) is payable in the currencies
and proportions in which the Accepted Contract
Amount is payable.
23. Recovery of advances paid 14.2(a) Recovery of mobilization advance and advance
against Plant and machinery shall start after 20% of
Accepted Contract Amount is paid and shall be
recovered fully by 80% of the Accepted Contract


No. Clause
Amount or the original completion period whichever is
earlier.
24. Repayment amortization rate of 14.2(b) 17% (Mobilization advance)

advance payment 5% (Plant and machinery advance)
25. Percentage of Retention 14.3(c) Deduction of 2.5% from each IPC
26. Limit of Retention Money 14.3(c) 2.5% of the Accepted Contract Amount
27. Plant and Materials 14.5(b)(i) Not applicable
14.5(c)(i) Not applicable
28. Minimum Amount of Interim Payment 14.6 No Minimum amount for first six months and 0.5% of
Certificates the Accepted Contract Amount beyond six months
from date of commencement works.
29. Termination by Employer 15.2 This sentence will apply as sub clause 15.2(g):
(g) The Engineer gives two consecutive Notices to
update the program and accelerate the works to
ensure compliance with Sub clause 8.2(Time for
completion) and the contractor fails to update the
Program and demonstrate acceleration of the
works within a reasonable period of time
determined by the Engineer.
30. Corrupt and Fraudulent Practices 15.6 The following sentence shall apply:
For the purposes of this Sub clause:
ADB’s Anticorruption Policy (1998, as amended
to date) requires Borrowers (including
beneficiaries of ADB-financed activity), as well as
Contractors, Subcontractors, manufacturers, and
Consultants under ADB-financed contracts,
observe the highest standard of ethics during the
procurement and execution of such contracts. In
pursuance of this policy, ADB
a. defines, for the purposes of this provision,
the terms set forth below as follows:
i) “corrupt practice” means the offering,
giving, receiving, or soliciting, directly or
indirectly, anything of value to influence
improperly the actions of another party;
ii) “fraudulent practice” means any act or
omission, including a misrepresentation,
that knowingly or recklessly misleads, or
attempts to mislead, a party to obtain a
financial or other benefit or to avoid an
obligation;
iii) “coercive practice” means impairing or
harming, or threatening to impair or harm,
directly or indirectly, any party or the
property of the party to influence improperly
the actions of a party;
iv) “collusive practice” means an arrangement
between two or more parties designed to


No. Clause
achieve an improper purpose, including
influencing improperly the actions of
another party;
v) “abuse” means theft, waste, or improper
use of assets related to ADB-related
activity, either committed intentionally or
through reckless disregard;
vi) “conflict of interest” means any situation in
which a party has interests that could
improperly influence that party’s
performance of official duties or
responsibilities, contractual obligations, or
compliance with applicable laws and
regulations;
vii) “obstructive practice” means (a)
deliberately destroying, falsifying, altering,
or concealing of evidence material to an
ADB investigation, or deliberately making
false statements to investigators, with the
intent to impede an ADB investigation; (b)
threatening, harassing, or intimidating any
party to prevent it from disclosing its
knowledge of matters relevant to a Bank
investigation or from pursuing the
investigation; or (c) deliberate acts intended
to impede the exercise of ADB’s contractual
rights of audit or inspection or access to
information; and
viii) “integrity violation" is any act, as defined
under ADB’s Integrity Principles and
Guidelines (2015, as amended from time to
time), which violates ADB’s Anticorruption
Policy, including (i) to (vii) above and the
following: violations of ADB sanctions,
retaliation against whistleblowers or
witnesses, and other violations of ADB's
Anticorruption Policy, including failure to
adhere to the highest ethical standard.
b. will reject a proposal for award if it
determines that the Bidder recommended
for award has, directly or through an agent,
engaged in corrupt, fraudulent, collusive,
coercive, or obstructive practices or other
integrity violations in competing for the
Contract;
c. will cancel the portion of the financing
allocated to a contract if it determines at any
time that representatives of the borrower or
of a beneficiary of ADB-financing engaged
in corrupt, fraudulent, collusive, coercive, or
obstructive practices or other integrity
violations during the procurement or the
execution of that contract, without the
borrower having taken timely and


No. Clause
appropriate action satisfactory to ADB to
remedy the situation; and
d. will impose remedial actions on a firm or an
individual, at any time, in accordance with
ADB’s Anticorruption Policy and Integrity
Principles and Guidelines, including
declaring ineligible, either indefinitely or for
a stated period of time, to participate1 in
ADB-financed, -administered, or -
supported activities or to benefit from an
ADB-financed, -administered, or -
supported contract, financially or otherwise,
if it at any time determines that the firm or
individual has, directly or through an agent,
engaged in corrupt, fraudulent, collusive,
coercive, or obstructive practices or other
integrity violations.
All Bidders, consultants, contractors, suppliers
and other third parties engaged or involved in
ADB-related activities have a duty to cooperate
fully in any screening or investigation when
requested by ADB to do so. Such cooperation
includes, but is not limited to, the following:
a. being available to be interviewed and
replying fully and truthfully to all questions
asked;
b. providing ADB with any items requested
that are within the party’s control including,
but not limited to, documents and other
physical objects;
c. upon written request by ADB, authorizing
other related entities to release directly to
ADB such information that is specifically
and materially related, directly or indirectly,
to the said entities or issues which are the
subject of the investigation;
d. cooperating with all reasonable requests to
search or physically inspect their person
and/or work areas, including files,
electronic databases, and personal
property used on ADB activities, or that
utilizes ADB’s Information and
Communications Technology (ICT)
resources or systems (including mobile
phones, personal electronic devices, and
electronic storage devices such as external
disk drives);
e. cooperating in any testing requested by
ADB, including but not limited to, fingerprint
identification, handwriting analysis, and
physical examination and analysis; and
1
Whether as a Contractor, Subcontractor, Consultant, Manufacturer or Supplier, or Service Provider; or in any other
capacity (different names are used depending on the particular Bidding Document).


No. Clause
f. preserving and protecting confidentiality of
all information discussed with, and as
required by, ADB.
All Bidders, consultants, contractors and
suppliers shall ensure that, in its contract with its
sub-consultants, Subcontractors, and other third
parties engaged or involved in ADB-related
activities, such sub-consultants, Subcontractors,
and other third parties similarly undertake the
foregoing duty to cooperate fully in any screening
or investigation when requested by ADB to do so.
31. Maximum total liability of the 17.6 The Accepted Contract Amount
Contractor to the Employer
32. Periods for submission of 18.1 From the date of issue of Letter of Acceptance
insurance: (LOA)
a. Evidence of insurance. 28 days
b. Relevant policies 45 days
33. Maximum amount of deductibles 18.2(d) 1% of the Contract amount for each Occurrence.
for insurance of the Employer's
risks
34. Minimum amount of third party 18.3 INR 10 Lakhs per occurrence without any upper
insurance limit for occurrence.
35. Date by which the DB shall be 20.2 (i) The DB shall be appointed as and when the first
appointed request is raised, consequent to failure at SGRC,
within 28 days of receipt of such request by the
employer.
36. DB Remuneration 20.2 (ii) 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. Any additional fee asked by DB
may be mutually agreed by employer and
contractor.
37. Language of arbitration 20.6 English
Place/Venue of Arbitration: Chennai, India

20.6 (a) Seat of Arbitration: Neutral place mutually
38. Place of arbitration
agreed by the parties”
20.6 (b) Chennai, India.

Part B – Specific Provisions
PCC GCC
Clause Clause
No. No.
1.General Provisions
1.1 Definitions
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 utility providers such as TANGEDCO,
1. 1.1.2.13 CMWSSB, Traffic department, BSNL etc.,
(b) developers or franchisees appointed on the Project from time to time by the
Engineer;
(c) 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.
“Designer” means the Lead Designer of the Contractor.
2. 1.1.2.14
“DDC” means the Detailed Design Consultant engaged by the Employer.
“GC” means the General Consultant
1.1.3 Dates, Tests, Periods and Completion
3. 1.1.3.10 “Contract Period” means the period from the Commencement Date to the date of
issue of performance certificate.
4. 1.1.3.11 “Key Date” means a date by which the activity mentioned under such Key Date is
to be completed.
“Stage” means level of progress of the works identified as such and more
5. 1.1.3.12
particularly described in the Employer’s Requirements for which a Key Date for
the achievement thereof is stipulated in the Contract.
1.1.4 Money and Payments
Replace Sub-Clause 1.1.4.8 with the following:
6. 1.1.4.8
Local Currency means ‘INR’
“Price Centre Amount” means the amount apportioned to a Price Centre as set
7. 1.1.4.13
out in the Pricing Document, as the same may be revised from time to time in
accordance with the Contract.
1.1.6 Other Definitions
Replace Sub-Clause 1.1.6.2 with the following:
8. 1.1.6.2
Country means “India”

PCC GCC
Clause Clause
No. No.
9. 1.1.6.11 “Relevant Authority” means any government department or public body (other
than the Engineer) having jurisdiction in relation to the Works.
“Joint Venture” or “JV” means a joint venture, association, consortium or other
10. 1.1.6.12
unincorporated grouping of two or more persons, whether in the form of a
partnership or otherwise.
“JV Undertaking” means the letter provided to the Employer as part of the Tender
setting out the legal undertaking between the two or more persons constituting the
Contractor as a JV. This letter shall be signed by all the persons who are members
of the JV, shall be addressed to the Employer and shall include: each such
member’s undertaking to be jointly and severally liable to the Employer for the
11. 1.1.6.13 performance of the Contractor’s obligations under the Contract; identification and
authorization of the leader of the JV; and
identification of the separate scope or part of the Works (if any) to be carried out
by each member of the JV.
The words “JV Undertaking” is synonymous with “JV Agreement” and “Joint
Venture Agreement”.
1.2 Interpretations
12. 1.2 Delete last paragraph of Sub-clause 1.2.
1.3 Communications
Add the following to Sub-Clause 1.3:
Electronic transmission shall be in the form of signed and scanned original
13. 1.3
documents through e-mail. However, contractual matters shall be in original letter
form including Original physical copy by post/Speed Post.
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),
14. 1.5 (c) Letter of Technical Bid & Letter of Price Bid
(d) Addendum/Corrigendum to Tender
(e) Responses to Pre-Bid Queries
(f) the Particular Conditions of Contract (PCC) – Part A
(g) the Particular Conditions of Contract (PCC) – Part B
(h) FIDIC Conditions of Contract for construction for Building and Engineering
works designed by the Employer, 2010(GCC)

PCC GCC
Clause Clause
No. No.
(i) Employer’s Requirements
(j) Employer’s Drawings
(k) Pricing Document & Financial Bid.
(l) Instruction to Bidders (ITB), Bidding Procedures.
(m) Contractor’s Technical Proposal
(n) Geotechnical Investigation Report
(o) Any other documents forming part of the Contract.
If an ambiguity or discrepancy if 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:
15. 1.6 Till the execution of Contract Agreement, the Letter of Acceptance (LoA) shall be
considered as an Agreement.
1.7 Assignment
Add a new Sub-Clause 1.7.1:
The Engineer, in cases of exceptional circumstances, where it is found, that the
Contractor is causing undue delay in certain parts of work, having also issued a
notice to that effect under GCC Sub-clause 15.1, after exhaustion of stipulated
16. 1.7 time under such notice and upon giving a notice of 7 days, can off Load such
works at the risk and cost of the Contractor. Similarly, in cases where works are
affected due to non-performance or abandoning of works by the vendors or sub-
contractors also, the Engineer can get such works done by engaging the same
party or any other party and make direct payments to such parties at the risk and
cost of the Contractor.
1.14 Joint and Several Liability
a) the members of the JV shall be jointly and severally liable to the Employer for
the performance of the Contractor’s obligations under the Contract;
b) the JV leader shall have authority to bind the Contractor and each member of
the JV; and
c) neither the members nor (if known) the scope and parts of the Works to be
17. 1.14
carried out by each member nor the legal status of the JV shall be altered
without the prior consent of the Employer (but such consent shall not relieve
the altered JV from any liability under sub-paragraph (a) above).
In the context of JV, the word “leader” is synonymous with the words “lead partner”
and “Lead Partner”, the word “member” is synonymous with “partner” and
“Partner”, and “members” with “partners” and “Partners”.
2 The Employer
2.2 Permits, Licenses or Approvals
18. 2.2 Add to the end of Sub- Clause 2.2:

PCC GCC
Clause Clause
No. No.
The rendering of such assistance by the Employer shall not be interpreted as a
pretext by the Contractor as condoning of any delay or non-performance of any of
the Contractor’s obligations. The following-up of all such requirements shall be the
responsibility of the Contractor.
2.5 Employer’s Claims
Add to the end of Sub- Clause 2.5:
Some of the circumstances when this Clause may apply are as follows;
19. 2.5 (i) Claims for amounts not insured by the Contractor.
(ii) Claims for amounts not recovered from the insurers.
(iii) Claims, due to the Contractor not obtaining refunds of duties, GST, etc.
3 The Engineer
3.3 Instruction of the Engineer
Replace Para 2 of sub clause 3.3 by the following:
The contractor shall comply with the instructions given by the Engineer on any
20. 3.3 matter related to the Contract, their instructions shall be given in writing. However
only in case of emergency or safety related issues, if the Engineer or a delegated
assistant:
4 The Contractor
4.2 Performance Security
Replace paragraph 2 of 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
Engineer. The Performance Security shall be issued by a Public Sector Bank or
21. 4.2 Scheduled Commercial Bank in India selected by the Contractor or by foreign
bank having correspondent financial institution located in India or having tie up
with a Scheduled Commercial Bank in India and shall be in the form annexed to
the Particular Conditions, as stipulated by the Employer, or in another form
approved by the Employer.
Add a new Sub-Clause 4.2.1
22. 4.2.1 In case of the Contract terminated by employer under GCC 15.2, the performance
security shall be encashed by the Employer forth with.
4.6 Co-operation
Add the following Sub-Clauses to the end of Sub-Clause 4.6:
Opportunity for Interfacing Contractors and Other Contractors
4.6.1 Reasonable Opportunity
The Contractor shall, in accordance with the requirements of the Engineer, afford
all reasonable facilities for Interfacing Contractors and / or any other contractor
who may be carrying out, on or adjacent to any Site any Work not included in the
23. 4.6 Contract but required by the Engineer, any utilities undertaking or other duly
constituted authority. The Contractor shall, as reasonably requested in a written
manner by the Engineer, make available to any such Interfacing Contractor, other
contractors, or the Engineer or any such authority, any roads or ways for the
maintenance of which the Contractor is responsible, for which no additional
payment shall be made by the Engineer.
4.6.2 Inspection of Work of Interfacing Contractors

PCC GCC
Clause Clause
No. No.
If any part of the Contractor’s work depends upon the work of an Interfacing
Contractor, he shall inspect and promptly report to the Engineer any defects in
such work that may render it unsuitable for such proper execution. The
Contractor’s failure to so inspect and report shall constitute acceptance of the
Interfacing Contractor’s work as fit and proper except as to defects which may
develop in the Interfacing Contractor’s work after execution of his work.
4.6.3 The Contract allows for continuous audits of the Contractor’s compliance
with his Interface Management Plan and the requirements given as Engineer’s
Requirements, and any failure of the monthly and/or quarterly audits shall result
in the relevant payment item in the Preliminaries section of Pricing Document
being withheld. The decision of the Engineer in this regard shall be final
4.6.4 The Contractor shall be held liable for any loss and expense incurred by the
Employer arising from any breach by the Contractor in fulfilling his obligations
under the contract, if the Contractor is deemed to have caused any delays,
defects, damages or otherwise, as a direct result of his design or construction
activities, to the Interfacing Contractors in respect of the whole of the Works.
4.6.5 Access for other contractors
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 Annexure-1 of PCC, 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.
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 times
allow access to all of the Site to the Interfacing Contractors for the purposes of

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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.
4.7 Setting Out
Add the following to the end of Sub-Clause 4.7:
“The Contractor shall comply with (i) the measures relevant to the Contractor
which are set forth in the resettlement plan provided to the successful Bidder to
the extent it concerns impacts on affected people during construction; and (ii) any
24. 4.7 corrective or preventive actions set out in safeguards monitoring reports that the
Employer will prepare from time to time to monitor implementation of the
resettlement plan.
The Contractor shall allocate a budget for compliance with these measures,
requirements and actions.”
4.8 Safety Procedures
Within 28 days of the date of LoA, the Contractor shall submit a detailed and
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 and shall
25. 4.8 include such further materials, which are necessary and relevant.
Add the following after point (b):

In particular, the Contractor is responsible for providing site workers with safe and
healthy working conditions and establish an operating system to prevent
accidents, injuries, and disease.
4.9 Quality Assurance
The Contractor shall submit a detailed Quality Plan demonstrating the proposed
26. 4.9 method of achieving the required quality standards of the Employer as attached
in Appendix 6 of Part-2 of the Employer’s Requirements.
4.10 Site Data

The responsibility of the Contractor under Sub-Clause 4.10 of GCC is full and final
and no claim by the Contractor for additional payment or extension of time shall
27. 4.10 be allowed on the grounds that of any misunderstanding or misapprehension by
the Contractor or that incorrect or insufficient information was given to the
Contractor or that he failed to obtain correct and sufficient information.
4.12 Unforeseeable Physical Conditions

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“In addition to notice of any unforeseeable physical conditions, the Contractor
shall provide the Engineer with a written notice of any unanticipated environmental
or resettlement risks or impacts that arise during construction, implementation or
28. 4.12
operation of the Plant or Permanent Works, which were not considered in the initial
environmental examination, the environmental management plan attached in Part
4, Reference Document or the resettlement plan provided to the successful
Bidder.
4.13 Right of Way and Facilities
The Contractor shall comply with (i) the measures and requirements relevant to
the Contractor which are set forth in the Resettlement Plan (“RP”) provided to the
successful Bidder, to the extent it concerns impacts on affected people during
construction; and (ii) any corrective or preventive actions set out in safeguards
29. 4.13
monitoring reports that the Employer will prepare from time to time to monitor
implementation of the resettlement plan.
Any incidental works executed by the contractor under resettlement plan shall be
paid under provisional sums.
4.16 Transport of Goods

Add the following Sub-Clause to the end of Sub-Clause 4.16 :
4.16.1 The Contractor shall plan transportation of construction materials to work
site in accordance with traffic regulations enforced by local traffic authorities from
time to time and in such a way that road accidents are avoided.
4.16.2 No claim whatsoever shall be entertained on this account. The
transportation of certain plant, equipment and materials may not be possible
during the daytime and may have to be carried out within a time schedule as
30. 4.16 specified by the traffic police.
4.16.3 No extra payment will be made for construction and maintenance of
temporary haul roads if any needed including any special protection or
strengthening required and all cost of such works shall be deemed to have been
included in the costs of items contained in the Pricing Documents.
“The Contractor shall adequately record the condition of roads, agricultural land
and other infrastructure prior to the start of transporting materials, goods and
equipment, and construction.”
4.17 Contractor's Equipment
Upon completion of the Works the Contractor shall remove from the Site the entire
31. 4.17 said Contractor’s Equipment, Temporary works and his unused materials within
42 days after the Issuing of taking over certificate, failing which the employer may
remove them at contractor’s cost.
4.18 Protection of the Environment
The Contractor shall comply with all applicable national, provincial, and local
32. 4.18
environmental laws and regulations.
The Contractor shall also comply with all reasonable requests of the national

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and local authorities responsible for enforcing environmental controls.
Within 28 days of the Commencement Date the Contractor shall submit a detailed
Site Specific Environmental Management Plan (SSEMP) for the Engineer’s no
objection showing how he/she intends to comply with environmental laws and
regulations and other specific requirements prescribed in the Contract, addressing
all the monitoring and mitigation measures set forth in the Environmental Impact
Assessment (“EIA”) and the Environmental Management Plan (“EMP”) of the
project attached in Section VI A of Employer’s Requirements. Work shall not
commence on the Site until the no objection of SSEMP has been obtained from
the Engineer and is being implemented. Such acceptance by the Engineer shall
not relive the Contractor of any of his obligations or responsibilities under the
Contract.
The Contractor shall (a) establish an operational system for managing
environmental impacts, (b) comply with the approved SSEMP and any corrective
or preventative actions set out in safeguards monitoring reports that the Employer
will prepare from time to time to monitor the implementation of the project EMP
through the SSEMP, (c) allocate the budget required to ensure that such
measures, requirements and actions are carried out, (d) submit semi-annual
reports on the compliance of such measures to the Employer.
Where unanticipated environmental risks or impacts become apparent during the
Contract, the Contractor is required to update the SSEMP to outline the potential
impacts to site works and associated mitigation measures for the Engineer’s
approval.
The Contractor shall (a) establish an operational system for managing
environmental impacts, (b) carry out all of the monitoring and mitigation measures
set forth in [[the Initial Environmental Examination] [the Environmental Impact
Assessment] [the Environmental Management Plan] attached in Part 4, Reference
Document and (c) allocate the budget required to ensure that such measures are
carried out. The Contractor shall submit [quarterly][semi-annual] reports on the
carrying out of such measures to the Employer.
More particularly, the Contractor shall comply with (i) the measures and
requirements set forth in the initial environmental examination and the
environmental management plan attached in Part 4, Reference Document; and
(ii) any corrective or preventative actions set out in safeguards monitoring reports
that the Employer will prepare from time to time to monitor implementation of the
initial environmental examination and the environmental management plan.
The Contractor shall allocate a budget for compliance with these measures,
requirements and actions.”
4.19 Electricity, Water and Gas
The Contractor shall be responsible for making his own arrangements at his own
33. 4.19 cost to obtain supply of water, electricity or gas for the Works. The Employer where
feasible may at his discretion assist the Contractor in giving recommendatory
letters etc.
4.20 Employer’s Equipment and Free Issue Material

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34. 4.20 No material, tools, plant and equipment shall be supplied by the Employer. The
Contractor has to arrange all tools, plant, equipment as well as construction
materials required for the work.
4.21 Progress Reports
(i) monitoring of the obligations in Sub-Clauses 4.13, 4.18, 6.4, 6.7, 6.20, and 6.21.
35. 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
Commencement Date. This shall be up-dated and submitted every subsequent,
three (3) months, thereafter until the completion of the works.
4.22 Security of the Site

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.
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 shall not, without the written permission of the Engineer or
otherwise in accordance with the Contract, allow access to the Site to any
36. 4.22 person unless the presence on Site of such person is necessary in
connection with the execution of the Works or with the discharge of the
duties of any relevant authority.
g. 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.
h. All lights provided by the Contractor shall be so placed or screened as not
to interfere with signs, signals or lights. The Contractor shall not in any way
obscure or affect signs, signals or lights, in use by any relevant authority. In
the event that the Contractor does so, the Contractor shall pay all costs
associated with the re-setting, re-instating or provision of alternatives for any
sign, signal or light, obscured or affected.
i. For the purposes of this Clause only, "Site" shall include off-Site places of
manufacture or storage and the Contractor's Work Areas and shall include,

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areas provided to the Contractor by others.
6 Staff and Labour
6.1 Engagement of Staff and Labour
6.1.1 Project Staff:
37. 6.1 The Contractor and/or any of his Sub-contractors shall not recruit or attempt
to recruit staff working for this Project without the consent of the Employer /
Engineer
6.4 Labour Laws

Add the following Sub-clauses to the end of Sub-Clause 6.4:
6.4.2 Labour Requirements
All laws, welfare measures, safety standards etc. shall be in accordance
with Section VI-A, of Part-2 Employer’s Requirements.
6.4.3 Daily Labour and Equipment Reports:
The Contractor’s Representative shall, by way of daily records, the form and
content of which the Engineer gives a Notice of No Objection, set out
information with regard to labour employed in different categories,
Contractor’s Equipment, temporary works, goods, materials, supplies,
utilities, work carried out and instructions issued to the Contractor and all
the facts that may affect or are affecting the progress or quality of the Works.
38. 6.4 These daily records shall be submitted every Monday morning for the
previous week’s work and shall be available for inspection in the
Contractor’s site offices by the Engineer at all times.
6.4.4 The Contractor shall not make employment decisions based upon personal
characteristics unrelated to job requirements. The Contractor shall base the
employment relationship upon equal opportunity and fair treatment, and
shall not discriminate with respect to aspects of the employment
relationship, including recruitment and hiring, compensation (including
wages and benefits), working conditions and terms of employment or
retirement, and discipline.
The Contractor shall provide equal wages and benefits to men and women
for work of equal value or type.
6.7 Health and Safety
At the end of the first paragraph, add the following paragraph:
The Contractor is responsible for establishment of preventive and emergency
preparedness and response measures to avoid, and where avoidance is not
possible, to minimize, adverse impacts and risks of the construction site work to
the health and safety of local communities.
39. 6.7
Within 28 days of the Commencement Date the Contractor shall submit a detailed
Site Specific Health and Safety Management Plan (SSHSMP) for the Engineer’s
no objection showing how he/she intends to comply with the local Health and
Safety laws and regulations and other specific requirements prescribed in the
Contract, taking into account the Supplementary Information in Section VI A-

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Employer’s Requirements. Work shall not commence on the Site until the
confirmation of no objection of the SSHSMP has been obtained from the Engineer
and is being implemented. Such confirmation of no objection by the Engineer shall
not relive the Contractor of any of his/her obligations or responsibilities under the
Contract.
Where unanticipated health and safety hazards or risks become apparent during
the Contract, the Contractor is required to update the SSHSMP to outline the
potential impacts to site works and associated mitigation measures for the
Engineer’s no objection.
The Contractor shall comply with the approved SSHSMP and any corrective or
preventative actions set out in safeguards monitoring reports that the Employer
will prepare from time to time to monitor the implementation of the project EMP
through the SSHSMP.
In particular, the Contractor is required to provide all personnel on site including
Employer’s Personnel and visitors with personal protective equipment, including
protection for feet (safety boots), head, eyes, ears (safety helmets) and hands,
etc. , in accordance with the Contractor’s SSHSMP. The Contractor should ensure
that his Subcontractors comply with the SSHSMP and provide all such necessary
equipment to their personnel.
The Contractor shall bear the costs to ensure that such measures, requirements
and actions are carried out.
The Contractor shall submit semi-annual reports on the compliance of such
measures to the Employer.”
Add the following after the third paragraph:
“In the event of a significant injury involving medical treatment or hospitalization
and fatal accident the Contractor shall notify the Engineer immediately by verbal
communication and submit a formal report as soon as practicable after its
occurrence. For all accidents, whether fatal or not, the Contractor shall also notify
the appropriate local authorities in accordance with the Laws of the Country.”
Add the following to Sub-Clause 6.7:

6.7.1 The Contractor shall allow for continuous audits of the Contractor’s
compliance with his OHSE Plan and the requirements of Section VI, of Part-2 of
bid documents. Failure to achieve the average score of 65% during the quarterly
audit shall result in negative audit report, whereby the relevant payment item in
Pricing Schedule A- Preliminaries (Section IV B, Pricing Schedule) shall be
deducted as per Section VI of Part 2. The decision of the employer’s
representative in this regard shall be final.
6.7.2 No extra payment will be made for complying with the provisions of this
clause and the cost of the work under this element is deemed to be included in
the relevant payment item in the Preliminaries schedule of Pricing document.
6.7.3 The Contractor shall conduct health and safety programs for workers
employed under the project, and shall include information on the trafficking of
women and the risk of sexually transmitted diseases, including HIV/AIDs in such
programs.
6.21 Child Labour

40. 6.21 The Contractor shall not employ any child to perform any work, including work that
is economically exploitative, or is likely to be hazardous to, or to interfere with, the

PCC GCC
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No. No.
child’s education, or to be harmful to the child’s health or physical, mental, spiritual,
moral, or social development. “Child” means a child below the statutory minimum
age specified under applicable national law in India.
Add a new Sub-Clause 6.25: Respectful Work Environment.

The Contractor shall ensure that its employees and Subcontractors observe the
highest ethical standards and refrain from any form of bullying, discrimination,
misconduct and harassment, including sexual harassment and shall, at all times,
behave in a manner that creates an environment free of unethical behavior,
bullying, misconduct and harassment, including sexual harassment.
The Contractor shall take appropriate action against any employees or
Subcontractors, including suspension or termination of employment or
subcontract, if any form of unethical or inappropriate behavior is identified.
41. 6.25
The Contractor shall conduct training programs for its employees and
Subcontractors to raise awareness on and prevent any form of bullying,
discrimination, misconduct and harassment including sexual harassment, and to
promote a respectful work environment. The Contractor shall keep an up-to-date
record of its employees and Subcontractors who have attended and completed
such training programs and provide such records to the Employer or the Engineer
at their first written request.
7 Plant, Materials and Workmanship

7.6 Remedial Work
Add to Sub-Clause 7.6:
The Contractor shall not be released from any liability or obligation under the
42. 7.6
Contract by reason of any such inspection or testing or witnessing of testing, or by
the submission of reports of inspection or testing by the Engineer.
8 Commencement, Delays and Suspension
8.1 Commencement of Works

The date of email communication of LOA shall be considered as the date of issue
of LOA. The LOA shall accompany the copy of contract documents.
Except as otherwise specified in the Particular Conditions of Contract, the

Commencement Date shall be the date at which the following precedent
conditions have all been fulfilled or 42 days from the date of issue of LOA
whichever is earlier and the Engineer’s notification recording the agreement of
8.1 both Parties on such fulfilment and instructing to commence the Work is received
43. by the Contractor:
(a) signature of the Contract Agreement by both Parties, and if required, approval
of the Contract by relevant authorities of the Country;
(b) delivery to the Contractor of reasonable evidence of the Employer’s Financial
arrangements (under Sub-Clause 2.4 [Employer’s Financial Arrangements]);
(c) except if otherwise specified in the Contract Data, effective access to and
possession of the Site given to the Contractor together with such permission(s)
under (a) of Sub-Clause 1.13 [ Compliance with Laws ] as required for the
commencement of the Works;

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(d) receipt by the Contractor of the Advance Payment under Sub-Clause 14.2[
Advance Payment] provided that the corresponding bank guarantee has been
delivered by the Contractor.
If the said Engineer’s instruction is received by the Contractor before Sub-

paragraph (b) and Sub-paragraph (c) are fulfilled, the Contractor shall be entitled
to an extension of time and payment of additional cost subject to GCC 2.1 and
Appendix -2A and Sub-Clause 20.1 and other provisions of the Contract.”
If the said Engineer’s instruction is not received by the Contractor within 180 days
from his receipt of the Letter of Acceptance, the Contractor shall be entitled to
terminate the Contract under Sub-Clause 16.2 [ Termination by Contractor].
The Contractor shall commence the execution of the Works as soon as is

reasonably practicable after the Commencement Date, and shall then proceed
with the Works with due expedition and without delay.
8.3 Programme
Add the following before 1st Paragraph:
The detailed time programme shall be prepared to carry out the works
44. 8.3
simultaneously on all the fronts. The cash flow shall also be submitted along with
the programme.
8.4 Extension of Time for Completion

However, the Contractor shall not be entitled to any extension of time where any
delay is due to:
a. non-availability, or shortage of Contractor’s equipment, labour, utility
services, Plant and Materials caused by factors other than epidemic,
governmental actions or reasons attributable to the Employer, the
45. 8.4 Employer’s Personnel, or the Employer’s other contractors, or;
b. inclement weather conditions, frequency of occurrence is less than 1 in 50-

year cycle.”
8.4.1 Extension of time for completion for other reasons
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. A delay analysis
with all facts are to be submitted along with any EOT claim.
8.7 Delay Damages
Add to Sub- Clause 8.7:
‘’Delay damages’’ will carry the same meaning as ‘’Delay damages’’ for the
purpose of arriving at the damages on account of failure to adhere to Key Dates.
8.7.1
46. 8.7
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 Delay damage from the Contractor’s IPC,

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No. No.
as stated in Annexure-1 of PCC, for every day which elapses or any damages
likely to be suffered by him if that part of the Works is delayed. However, the total
amount of Delay damages and penalties on all Key Dates shall not exceed 10%
of the Final 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.
8.7.4
If the Contractor achieve the Key Date related to ‘Taking Over Certificate’ by the
date specified therein, or within the time extended as per Clause 8.4 of the
General Conditions of the Contract, the Employer’s Representative shall
recommend release of Delay Damages recovered due to non-achievement of
other preceding Key Dates (except the Key Dates associated to Interfacing
Contractors / System Wide Contractors). The Employer shall release such Delay
Damages based on the recommendation of the Employer’s Representative.
8.13 Bonus Clause
Add a new Sub-clause 8.13 after 8.12
If the Contractor successfully and consistently achieve all the Key Dates defined
within the original stipulated date of achievement as per Appendix-2B of contract
document (not extended or revised time of achievement of Key Dates), then the
Employer, at its sole discretion, may approve Bonus Payment of INR 25 lakhs per
47. 8.13 each day completed earlier reckoned from the date of completion stipulated in the
agreement, subject to Maximum of 5% of the contract sum. Employer’s decision
in regard to payment of bonus and the amount thereof shall be final and binding
on the contractor, without any right to appeal or raise disputes. The subject clause
will be strictly not applicable for extended or revised period of contract regardless
of EOT attribution.
11 Defects Liability
11.12 Emergency Defect Rectification (New Clause)

Add a new Sub-Clause 11.12:
11.12 Emergency Defect Rectification: If any defect or damage is one requiring
immediate attention from safety, environmental or operational viewpoint, the
48. 11.12 Employer/Engineer will give notice of 24 hours. In case, contractor fails to proceed
with the rectification/repair, the Engineer/Employer has the authority to proceed
with rectification in any manner deemed fit suitable and deduct such sums from
the monies due to the contractor.
11.13 Reinstatement of Works (New Clause)

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Upon the completion of construction, the Contractor shall fully reinstate pathways,
other local infrastructure, and agricultural land to at least their pre-project condition
49. 11.13 as recorded by the Contractor in consonance with its obligation in Clause 4.16.
12 Measurement and Evaluation
12.3 Evaluation
Replace Clause 12.3 (a) (i)to(iv) with the following:
If the cost of variation, on account of quantity variation of all items put together
exceeds by +/-25% of the Accepted Contract Amount, then, the rates for such
items whose variation cost exceeds the said limit will be agreed to, or determined,
provided that:
The amount of item (Quantity X Rate) constitutes more than 5% of the Contract
Price. On agreeing the rate for such item, the item will be excluded from the overall
amount to determine variation in the next occasion.
Agreed rates will be applicable to varied quantity beyond +/-25% of the contract
price only.
Delete the last sentence in the last but one para “ if no rates………. Relevant
matters” : and Add the following
50. 12.3 The rates for any variation (new item) work under (b) will be as per the rates given
in the following Schedule of Rates (SoR) in the same order as given below:
1) Central Public Works Department- Delhi Schedule of Rates-2018
(excluding GST) escalated @ 2% per year to the year of the execution.
2) Indian Railways Unified Standard Schedule of Rates-2019 (excluding
GST) escalated @ 2% per year to the year of the execution.
3) Tamilnadu Public Works Department Schedule of Rates 2020-21
(excluding GST) escalated @ 2% per year to the year of the execution.
4) In case, the item is not available under the three SoRs mentioned above,
then market rate shall be used for analysis of rates using DAR or MORTH
DATA BOOK analysis with CPOH in line with DAR @ 15%.
(Any new SoR released after the year mentioned above shall not be considered)
Until such time as an appropriate rate or price is agreed or determined, the
Engineer shall determine a provisional rate or price for the purpose of Interim
Payment Certificates as soon as the concerned work commences.
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 DAB shall
be used for payments to the Contractor towards the Employer’s share (one-half)
51. 13.5 of the invoices of the DAB for its fees and expenses, in accordance with GCC
20.2. No prior instruction of the Engineer shall be required with respect to the work
of the DAB.
The Contractor shall produce the DAB invoices and satisfactory evidence of

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having paid 100% of such invoices as part of the substantiation of those
Statements submitted under Clause 14.3, which contain requests for payment
under the provisional sum toward the cost of the DAB. 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 in the provisional sums for
the cost of the DAB.
13.7 Adjustment for Changes in Legislation
Add the following before first paragraph.
This Clause is Primarily applicable to the taxes part and changes in the laws that
directly affect the performance of obligations under the contract as under
13.7.1
i) The Contractor shall ensure full compliance with tax laws of India with regard
to this Contract and shall be solely responsible for the same. He shall submit
copies of acknowledgements evidencing filing of returns every year and shall
keep the Employer fully indemnified against liability of tax, interest, penalty etc,
of the Contractor’s in respect thereof, which may arise.
(ii) With regard to this contract , the Contractor shall maintain complete records in
respect of payments made for taxes, duties and other levies payable to various
authorities and shall advise the Employer of the complete details of such
payments every month, which shall be enclosed with the Monthly Progress
Report.
(iii) These records shall remain open for inspection by the Employer or the
Engineer at any time and shall be made available to them as and when
required. In case the Employer receives approval for exemption, refund, waiver
or reimbursement in any of the taxes applicable to the Contract, including but
not limited to the Central Excise Duty, Custom Duty, GST in full or part thereof;
the Contractor will be advised on the process to be followed to obtain such
exemption/refund/reimbursement of such taxes etc. from the concerned
52. 13.7
authority. The Contractor shall arrange for the remittance of the refund so
obtained to the Employer immediately. Alternatively, the Employer at its
discretion may instruct the Contractor to submit all the documentary evidence
of having paid the taxes to enable the Employer to claim the refund from
statutory authorities. The Contractor will forthwith comply with any of the above
requests of the Employer and in case of the failure of the Contractor, the
amount of refund, whether estimated or actual, shall be recovered by the
Engineer from the amounts due for payment to the Contractor or as debt due
from the Contractor.
iv) The Contractor shall provide a valid GST registration certificate, until such
certificate is submitted and accepted, no payment, including release of any
advance payment, shall be made by the Engineer to the Contractor.
13.7.2 Changes in Cost Due to Change in Law:

13.7.2.1 The Contract shall be governed by the laws for the time being in force in
India.
13.7.2.2 “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

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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 in
extra financial gains to the contractor due to decreased Cost in execution of works.
13.7.2.3 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 13.7.2.5 below:
13.7.2.4 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;
13.7.2.5. No addition or reduction in Cost due to any changes in any other Law
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.
53. 13.8
“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;
“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,

PCC GCC
Clause Clause
No. No.
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 month
prior to the month of bid submission. Current indices or prices shall be those
prevailing on the month prior to the month in 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 Accepted Contract Amount. 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.
Period of Work under consideration will mean as under:
i. In the case of first Interim Payment the period from the Commencement Date to
the date of measurement of the first Interim Payment.
ii.
iii. In the case of second and subsequent Interim Payment and Final Payment, the
Period from the date of measurement for previous payment to the date of
measurement of that Payment.
13.8.3 Non-application of Price Variation Clause to Variation (new item) and

provisional sum:
Price Variation is not applicable on Variation (new item) and provisional sum, for
the new items or components that are not derived from the relevant rates and
prices in the Contract.
13.8.4 Price Variation on Taxes and Provisional sums :
Price Variation is not applicable on GST and other taxes if any.
13.8.5 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

PCC GCC
Clause Clause
No. No.
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.
13.8.6 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.
13.8.7 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 not 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 the
last date of original completion period or the extended period under Sub-
Clauses 8.4, then the price adjustment will be limited to the amount payable
as per the indices applicable to a bill made on the last date of the original
completion period or the extended period as the case may be.
b) In case the indices fall below the indices applicable to a bill 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.
14.2 Advance Payment

Replace first paragraph of Sub-Clause 14.2 with the following:
(A) Mobilization advance:
14.2
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 100% of the requested amount as per
format given in the Annexure to PCC from any PSU Bank or Scheduled
Commercial Bank. The total advance payment and the applicable currencies and
proportions shall be as stated in Contract Data.
The First instalment of the Advance Payment will be 25% and may be paid after:
54. (i) the Contract Agreement is signed; and (ii) the required Bank Guarantee in the
specified format from any PSU Bank or Scheduled Commercial Bank is submitted.
The Second instalment of the Advance Payment will be 50% and may be paid
after: (i) the required Bank Guarantee in the specified format from any PSU Bank
or Scheduled Commercial Bank is submitted, (ii) the evidence for satisfactory
utilization of the First instalment of mobilization is submitted; and (iii)Key
Personnel as required for the project are mobilized.
The Third instalment of the Advance Payment will be 25% and may be paid after:
(i) the required Bank Guarantee in the specified format from any PSU Bank or

PCC GCC
Clause Clause
No. No.
Scheduled Commercial Bank is submitted, (ii) the evidence for satisfactory
utilization of the Second instalment of mobilization is submitted; and (iii) the
required plant and machinery as stated in Part 1 Section III EQC 1.1.2 are
mobilized.
Within 30 days of release of the Third Instalment of the Advance Payment, the
Contractor shall submit the evidence for satisfactory utilization of the Third
instalment of mobilization.
(B) Plant & Machinery Advance:
The Plant and machinery advance (Interest free) shall be paid up to 3 % of original
Contract Value, and the advance shall be limited to 80% of the assessed cost of
plant and machinery actually confirmed as being on site.
The advance shall be paid in two equal installments each against submission of
Bank guarantee for the value of 100% of the requested advance amount, in the
format given in Annexure to PCC. The BG shall be submitted from any Scheduled
Commercial Bank.
Replace paragraph (a) as under:
(a) deduction shall commence in the Interim Payment Certificates after 20%
of the Accepted Contract Amount paid and shall be fully deducted before
80% of the Accepted Contract Amount is paid or before the original
completion period whichever is earlier.

In addition to the provisions of this sub-clause, the Contractor shall open an
account in the name of the JV to enable effective utilization of mobilization
advance released to the Contractor for this Works only. 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.
14.3 Application for Interim Payment Certificates (IPC)
Delete “and” at end of 14.3 (f) and add the following:
Provided that the same is an entitlement determined under sub clause 3.5 or
entitlement decision is made by dispute board under sub clause 20.4 or
conciliation agreement as made under sub clause 20.5 or arbitral award made
under sub clause 20.6.
Add the following Sub-Clauses at the end of Sub-Clause 14.3:

14.3.1 Tax Deduction at Source
55. 14.3
Deduction towards Income Tax, and any other tax, may be made at source from
each payment made by the Employer, 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

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

PCC GCC
Clause Clause
No. No.
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.
14.7 Payment
Add the following Sub-Clause as14.7 (d) at the end of Sub-Clause 14.7 (C)
d)Payment of the amount due in specified currency or currencies shall be made
into the account opened exclusively at Chennai by the Contractor with any
56. 14.7
Scheduled Commercial Bank for the operation of funds in this project and all
payments by Employer shall be credited only to such account. CMRL may audit
such accounts quarterly. Contractor cannot divert amounts from this account for
executing other projects until the completion of this work
14.9 Payment of Retention Money

Replace ‘’issued by a reputable bank or financial institution selected by the
Contractor’’ with ‘’issued by a Public Sector Bank(PSB) or Scheduled Commercial
Bank selected by the Contractor’’.
Add the following at the end of Clause 14.9 Retention money equal to 2.5% of
57. 14.9 the amount due to the Contractor in each IPC (excluding GST) will be retained.
The Employer may at every six monthly intervals release 100% of withheld
retention money upon the submission of Bank Guarantee equal to the withheld
amount in respective currencies from a Public Sector Bank or Scheduled
Commercial Bank in India in the format annexed to the Particular Conditions.
16 Suspension and Termination by Contractor

16.2 Termination by Contractor
58. 16.2 In case if the contractor is under a notice of 15.1 from the employer, he shall not
terminate the contract under GCC 16.2 (d) without compliance to the notice under
GCC 15.1.
17 Risk and Responsibility
17.6 Limitation of Liability
Add the following at the end of Sub-Clause 17.6:
59. 17.6 The total liability of the Employer to the Contractor under or in connection with this
Contract shall not exceed the Accepted Contract Amount.
18 Insurance
18.1 General Requirements for Insurances
Add to Sub-Clause 18.1:
Insurance cover for Contractor’s All Risk and other requirements as specified in
60. 18.1 the GCC shall cover 100% of the Accepted contract amount and shall be
submitted within 45 days from date of issue of LoA including all other relevant
policies.

PCC GCC
Clause Clause
No. No.
20 Claims, Disputes and Arbitration
Add the following at starting of the clause:
In 20.1 of GCC, 9th para 3rd line delete “the Dispute Board in accordance with sub-
clause 20.4 [Obtaining Dispute Board’s decision]’ and replace with “Standing
Grievence Redressal Committee (SGRC) in accordance with subclause 20.1(A)”
Add the following as Sub-clause 20.1A:
20.1 (A) Standing Grievance Redressal Committee (SGRC)
(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 opinion, instruction, determination, certification or valuation
of the Employer’s Representative, either party shall initially refer the same in
writing to Standing Grievance Redressal Committee (here in after termed as
SGRC).
(ii) ‘Three numbers of Standing Grievance Redress Committees’ have been

formed by the Employer to address such disputes raised by either Party.
(iii) The Employer shall communicate one SGRC to resolve the dispute within 28
days from the date of commencement. The SGRC members shall comprise
three members not below the rank of Additional General Manager, CMRL, but
61. 20.1 those who have not dealt with the subject contract or disputed matter.
(iv) If any dispute is referred to the SGRC, consequent to disagreement to

determination of any claim by ER under Sub Clause 3.5, it will within a week
of receipt of such request acknowledge and convene a meeting with both the
parties. The committee will go through the submitted documents, hear the
parties and attempt at finding an amicable solution within 28 days of receipt
of such reference by the SGRC. If any settlement is arrived at the Standing
Grievance Redressal Committee, the same shall be recorded in writing as a
settlement agreement and be signed by the Contractor, ER, Employer and all
committee members. Such settlement shall be final and binding on the parties
with regards to the disputes so resolved.
(v) If the Standing Grievance Redressal committee fails to settle all or part of the
dispute within 28 days, the same shall be notified to the parties. Thereafter, it
is left to the parties to refer the unresolved disputes to DB. In such case, either
Party may give notice in writing, with copies to the other party and the
Employer’s Representatives of its intention to refer such dispute to Dispute
Board, within 28 days of such notice by SGRC.
20.2 Appointment of Dispute Board

Delete Sub-Clause 20.2 of GCC in its entirety and replace with the following
Sub-Clauses
Dispute Board (DB):
62. 20.2 (i) The DB shall be appointed as and when the first request is raised,
consequent to failure at SGRC, within 28 days of receipt of such request by
the employer.
(ii) 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)

PCC GCC
Clause Clause
No. No.
independent and neutral members who shall be professionals experienced
in the relevant field and retired from the service of Indian Railways and Other
Metro Rail Corporations. These names are obtained from those
Organizations, for the purpose of nominating them as DB
Members/Conciliator/Arbitrator, who are also not ex-employees or directly
or in-directly associated with CMRL. Contractor may propose another five
members during signing of contract to add to the above list. The panel list
shall be indicative. Each party shall choose any one member from the panel
provided by the Employer. The first two members shall recommend a third
member from the panel and the Parties shall agree upon the same, who
shall then act as Chairman of the DB.
(iii) The remuneration payable to the adjudicators shall be as prescribed in the
Data Sheet. and shall be shared by both Parties equally. Any additional fee
asked by DB may be mutually agreed by employer and contractor.
(iv) 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.
(v) 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.
(vi) 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.
(vii) Parties shall share the expenditure equally at 50% each.
(viii) 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 Conciliation, to the
Conciliator, failing which the decision of the DB shall be final and binding.
20.3 Failure to Agree on the Composition of the Dispute Board
63. 20.3 Delete Sub-Clause 20.3 of Part 3 General Conditions in its entirety
20.4 Obtaining Dispute Board’s Decision
Delete first paragraph of Sub-Clause 20.4 of Part 3 General Conditions
64. 20.4 In Para 4, Line 5, replace "an amicable settlement" with "conciliation", In Para 5,
Line 3, replace "arbitration" with "Conciliation", In Para 6, Line 5, replace
"arbitration" with "Conciliation" of Sub-clause 20.4 of Part 3 General Conditions.
20.5 Amicable Settlement

Replace entire sub-clause of 20.5 amicable settlement by the following
Conciliation:
65. 20.5 There shall be a Conciliator well experienced in required field, who will carry out
the conciliation process under part III of the Arbitration and Conciliation
(Amendment) Act 2015.

PCC GCC
Clause Clause
No. No.
(i) If the dispute is not resolved through DB and notice of dissatisfaction has
been given, the parties shall attempt to settle such dispute through
Conciliation.
(ii) Both parties will agree for nominating sole Conciliator from the list of DB
Members/Conciliator/Arbitrator utilized earlier to select DB members in
Clause 20.2, within thirty days (30) from the date of receipt of such
dissatisfaction notice. However, such Conciliator will not be a member of the
DB or Arbitrator in this contract.
(iii) Conciliation proceedings shall commence when the parties submit a brief
statement of the claims/disputes to be taken up for conciliation.
(iv) The Conciliator shall be paid a fee of Rs. 50000/- per sitting plus Rs.5000/-
for local transport charges for each day of proceedings. An outstation
member shall be reimbursed the air fare by economy class and hotel
accommodation in addition. Applicable taxes, if any, shall be reimbursed as
per actuals. The expenditure shall be shared equally by both the parties.
(v) Administrative assistance (in furtherance of Section-68 of the Act) shall be
extended by such expert technical and secretarial team as the Conciliator
may require for efficient discharge of its functions. The parties may provide
the same to the satisfaction of the Conciliator. The expenditure towards the
same shall be borne equally by both the parties equally.
(vi) The Conciliator shall hold its sitting at a designated place in Chennai.
Conciliator may hold as many sittings every month as it deems appropriate
keeping in view the volume of work at its disposal. The proceedings shall
be completed within 10 sittings in a period of 6 months. In case more sittings
are required by the Conciliator, the same may be held at the discretion of
the Conciliator with the consent of the parties.
(vii) The procedures and methodologies of the Conciliation proceedings shall be
evolved by the Conciliator in its first meeting. The Forum of Conciliator is a
settlement forum, where mutual give and take constitutes the essence,
rather than strict legal positions of the parties. The parties are expected to
be brief and to the point before the committee with regards to their respective
stand and views to exercise the spirit of settlement.
(viii) The Parties before the Conciliator shall be represented by a senior
Executive and regular employee of the company, supported by an
Authorization letter to enter into a Settlement Agreement. The representing
parties appearing before the Conciliator shall be capable of taking decision
immediately and to settle the dispute.
(ix) The Conciliator shall be guided by principles of objectivity, fairness and
justice, giving consideration to other things, the rights and obligations of the
parties and usage of the trade practice and circumstances surrounding the
dispute and suggest the proposal for a settlement of the dispute. If a
settlement is arrived at, the same shall be recorded as a settlement
agreement and signed by the Contractor, Employer and the Conciliator. The
settlement agreement shall be final and binding on the parties in terms of
section 73 of the Arbitration and Conciliation Act 1996 as amended.
(x) In case of failure of the conciliation process, the Conciliator shall write a
declaration after consultation with the parties to the effect that further efforts
at conciliation are no longer justified on the date of declaration.
(xi) If any dispute between the parties is not resolved through Conciliation, either
party on or before 30 days from the date of declaration of Conciliator, shall
give notice in writing to the other party of its intention to refer such dispute
to Arbitration.

PCC GCC
Clause Clause
No. No.
20.6 Arbitration
Delete sub-clause 20.6 of Part 3 General Conditions 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 Conciliation in accordance with Sub-Clause 20.5
above, and in respect of which the DB’s decision (if any) has not become final
and binding 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 foreign origin
i) The Arbitral Proceedings will be administered by the Singapore
International Arbitration Center (SIAC) and conducted under the
SIAC Rules of Arbitration by three Arbitrators appointed in
accordance with the said Arbitration Rules.
(ii) The Seat of Arbitration will be a neutral place mutually agreed by
parties.
(iii) The venue of Arbitration proceedings will be Chennai, India or any
such place mutually agreed by the parties.
(iv) The Indian Arbitration and Conciliation Act,1996, as amended from
time to time shall be applicable for the procedure post Arbitration
award, if the award is sought to be enforced in India.”
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
66. 20.6 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/Conciliator/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 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
Panel from the Employer, nominate its arbitrator from the Panel.
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

PCC GCC
Clause Clause
No. No.
nominated by the Contractor and the Employer as above, 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 seat and venue of the arbitration shall be Chennai. The cost of
Arbitration including the fees of the Arbitrator 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.
20.7 Failure to Comply with Dispute Board’s Decision
Sub-Clauses.
67. 20.7 In the event that a Party fails to comply with a final and binding DAB decision,
then the other Party may, without prejudice to any other rights it may have, refer
the failure itself to Conciliation under Sub-Clause 20.5.
20.8 Expiry of Dispute Boards Appointment
68. 20.8
Sub-Clauses.

PCC GCC
Clause Clause
No. No.
If a dispute arises between the Parties in connection with, or arising out of, the
Contract or the execution of the Works and there is no DB in place, whether by
reason of the expiry of the DB’s appointment or otherwise:
(a) Sub-Clause 20.4 [Obtaining Dispute Board’s Decision] shall not apply, and the
dispute may be referred directly to Conciliation under Sub-Clause 20.5
Conciliation.

Annexure 1: Delay damages for the Works

1. Main Key Dates
The Contractor shall complete the activities within the number of calendar days from the
date of Commencement As listed below, failing which Delay Damages as noted below will
be levied. The conditions referred elsewhere in the tender document with respect to Key
Dates shall apply.
1.1 Main Key Dates for Viaduct
Time for completion from

Delay Damages for
the date of
Key Dates Description of Stage non-achieving the
commencement
Key dates
(in days)
Rs.3.6 lakh per day
Completion of the initial pile
KD-1 140 of delay from the
load tests
Key Date
Establishing Casting Yard with
pre-stressing arrangements,
Rs.3.6 lakh per day
handling equipment and
formwork/moulds ready for
Key Date
production of all precast
elements.
Casting of first U-girder at
Rs.3.6 lakh per day
casting yard for approval of
formwork and casting beds by
Key Date
Engineer.
Rs.3.6 lakh per day
Completion of Erection of all
launching Girders
Key Date
Rs.3.6 lakh per day
Completion of 100% working
piles
Key Date
Rs.3.6 lakh per day
KD-6 658 Completion of 100% Pile Caps of delay from the
Key Date
Rs.3.6 lakh per day
Casting of 100% Precast Pier
Caps
Key Date
Rs.3.6 lakh per day
KD-8 707 Completion of 100% Piers of delay from the
Key Date
Casting & erection of 100% I- Rs.3.6 lakh per day
KD-9 742 girders including casting of of delay from the
Deck slabs Key Date
Rs.3.6 lakh per day
Partial access of Viaduct for
track (Approx. 6 km stretch)
Key Date

Rs.3.6 lakh per day

Casting of 100% U girder at
casting yard
Key Date
Rs.3.6 lakh per day
KD-12 840 Erection of 100% U girder of delay from the
Key Date
Completion of all works of Rs.60 lakh per day
KD-13 1065 Viaduct & stations including all of delay from the
ancillary works Key Date
Issuance of Taking over
KD-13A 1065 -
certificate

1.2 Main key dates for Stations

**Key date should be read as “KD-21. a, KD-21. b…”
Delay Damages for Rs. 60000 per Rs. 60000 per Rs. 60000 per day Rs. 60000 per Rs. 60000 per Rs. 60000 per
non-achieving the day of delay from day of delay from of delay from the day of delay day of delay day of delay from
Key dates the Key Date the Key Date Key Date from the Key from the Key the Key Date
Date Date
Key Key date Completion of Completion of Completion of Access to Interface Contractors (in days)
Dates Description Portals & Pier 100% platform Architectural
Station level slabs & Access to Access to Access to Lift,
arms in Roof slabs Finishing works
tations at all levels M&E S&T Escalators,
over platform
(in days) (in days) (in days) Contractor Contractor & PSD & AFC
OHE contractors
Contractor
a** b** c** d** e** f**
KD-14 Sholinganallur lake 560 805 1065 903 945 1015
& Navallur
KD-15 Sri Ponniamman 525 770 1065 868 910 980
Temple, Gandhi
Nagar
KD-16 Sathyabama 490 735 1065 854 896 966
University
Semmancheri &
Siruseri
KD-17 Sipcot 1 &Sipcot 2 665 840 1065 924 966 1036
Note: Delay damages shall be levied station wise, on pro-data basis for the key dates not achieved at the respective station.

Notes:
1) If the Contractor fails to achieve any Key Dates specified in Appendix-2B by date
specified therein, the Contractor shall pay to the Employer the sum of money stated in
Appendix-2B of Tender for every day which elapses between the Key Date and the
date on which the Key Date is actually achieved, in accordance with the Contract, and
a Notice of No Objection is issued by the Employer’s Representative.
2) If the Contractor successfully and consistently achieve all the Key Dates defined within
the original stipulated date of achievement as per Appendix-2B of contract document
(not extended or revised time of achievement of Key Dates), then the Employer, at its
sole discretion, may approve Bonus Payment of INR 25 lakhs per each day completed
earlier reckoned from the date of completion stipulated in the agreement, subject to
maximum of 5% of the contract sum. Employer’s decision in regard to payment of
bonus and the amount thereof shall be final and binding on the contractor, without any
right to appeal or raise disputes. The subject clause will be strictly not applicable for
extended or revised period of contract regardless of EOT attribution.
3) If the Contractor achieve the Key Date related to ‘Taking Over Certificate’ by the date
specified therein, or within the time extended as per Clause 8.4 of the General
Conditions of the Contract, the Employer’s Representative shall recommend release
of Delay Damages recovered due to non achievement of other preceding Key Dates
(except the Key Dates associated to Interfacing Contractor / System Wide
Contractors). The Employer shall release such Delay Damages based on the
recommendation of the Employer’s Representative.
4) Delay Damages recovered due to non achievement of Key Dates associated with the
access to the System Wide Contractor shall not be released to the Contractor as any
delay in access to System Wide Contractor may result in potential time and cost claim
from the concerned System Wide Contractor


BIDDING PROCEDURES
SECTION - XI
ANNEX TO PARTICULAR CONDITIONS- CONTRACT

FORMS
APRIL 2022

read as “Semmeancheri-I” in all the tender documents and
tender drawings.
Chennai Metro Rail Project – Phase 2, Corridor 3. Part-3, Section -XI
TENDER No. C3/ECV-01/RT01 Annex to Particular Conditions-Contract
Forms
Table of Forms
Table of Forms.................................................................................................................................. 1
Letter of Acceptance........................................................................................................... 2
Contract Agreement............................................................................................................ 3
Performance Security ......................................................................................................... 7
Advance Payment Security ................................................................................................ 8
CMRL / Rev. C CF-1 April 2022

Forms
Letter of Acceptance
[date]
To: [Name and address of the contractor]
Subject: [Notification of Award Contract No.]
This is to notify you that your Bid dated [date] for execution of the [name of the contract
and identification number, as given in the Bid Data Sheet] for the Accepted Contract
Amount in the equivalent of [amount in words and figures and name of currency], as
corrected and modified in accordance with the Instructions to Bidders is hereby
accepted by our Agency.
You are requested to furnish the Performance Security within 28 days in accordance
with the Conditions of Contract and any additional security required as a result of the
evaluation of your bid, using for that purpose the Performance Security Form included
in Section XI (Contract Forms) of the Bidding Document.
Authorized Signature: ......................................................................................................
Name and Title of Signatory: ...........................................................................................
Name of Agency: .............................................................................................................

Forms
Contract Agreement
CONTRACT AGREEMENT No. [to be inserted]
(E-Tender Id: [to be inserted]
Contract No:
…………………………………………………………………………………………………
…………………………………………………………………………………………………
BETWEEN
M/s CHENNAI METRO RAIL LIMITED, CHENNAI-600 107
AND
[to be inserted]
on
dd/mm/yyyy
Chennai Metro Rail Limited Contractor:

Admin Building, CMRL Depot, [to be inserted]
Chennai,600107, India
This Contract Agreement is made at Chennai on this day ddmmyy between M/s
xxxxxxxxxxxxxxx, a company incorporated under the laws of India and having its registered
office at ------------------------------- (hereinafter “the Employer”), of the one part,
and
M/s xxxxxxxxxxxxxxxxxxxxxxxxxxxx, a company having its registered office at
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
xxxxx (hereinafter “the Contractor”), of the other part:
WHEREAS the Employer desires that the works known as Contract No–
xxxxxxxxxxxxxxxxxxxx (E-Tender Id:xxxxxxxxxxxxxxx):
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx - shall
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. The priority of the documents shall be as follows as per., viz:
(a) the Contract Agreement,
(b) the Letter of Acceptance (LoA),
(c) Letter of Technical Bid & Letter of Price Bid
(d) Addendum/Corrigendum to Tender

Forms
(e) Responses to Pre-Bid Queries

(f) the Particular Conditions of Contract (PCC) – Part A
(g) the Particular Conditions of Contract (PCC) – Part B
(h) FIDIC Conditions of Contract for construction for Building and Engineering
(i) Employer’s Requirements
(j) Employer’s Drawings
(k) Pricing Document & Financial Bid.
(l) Instruction to Bidders (ITB), Bidding Procedures.
(m) Contractor’s Technical Proposal
(n) Geotechnical Investigation Report
(o) Any other Documents forming the part of the Contract
3. OBLIGATION OF THE CONTRACTOR

The mutual rights and Obligations of the Employer and the contractor shall be as set forth in the
contract and in particular
a) The Contractor agrees, subject to the terms and conditions of the contract, to perform
efficiently and faithfully all of the work or incidental to the successful completion of the
works and in carrying out all duties and obligations imposed by the contract.
b) The Contractor shall ensure full compliance with tax laws of India with regard to this
contract and shall be solely responsible for the same. The Contractor shall submit copies of
acknowledgements evidencing filing of returns every year and shall keep the Employer fully
indemnified against liability of tax, interest, penalty etc., of the Contractor in respect thereof,
which may arise.
4. OBLIGATION OF THE EMPLOYER
The Employer hereby covenants to pay the contractor in consideration of the execution
and completion of the works and the remedy of defects therein, for the accepted quoted
amount of INR xxxx- (Indian Rupees ------------------------------------------------- only)
(excluding Provisional Sum and Goods & Service Tax and INR xxxxxxx (Indian
Rupees ------------------------------------------------- only) (including Provisional Sum and
Goods & Service Tax @ 12% being the sum stated on Letter of Acceptance and subject
to actual scope of work executed and the payment schedule as mentioned in contract
document.
The amount towards GST shall be reimbursed separately by CMRL on actual basis on
production of documentary evidence of the payment. In the event of any change
(increase or decrease) in the tax legislation, the tax as per the changed law shall be
reimbursed separately by CMRL as per Clause PCC Clause xxxx Part-B Specific
Provisions, Part-3, Section-X, Particular Conditions of Contract of Tender Document
read in conjunction with Addendum-xx.
5. Engineer in Charge
The xxxxxx shall be the overall Engineer-In-Charge for the subject works. All future
correspondences shall be addressed to the xxxxxxx along with a copy addressed to the xxxxx/
CMRL. You shall be suitably intimated in case of any change of Engineer-in-Charge. The

Forms
xxxxxxx /CMRL will coordinate the subject works from CMRL.

6. PERFORMANCE SECURITY
The Employer has received Performance Security in the form of ------- Vide xx No. -------------
---- dated ddmmyy for an amount of INR --------------- valid up to xxmmyy issued by -----------
---- & duly confirmed by xxxxxxxxxxxxx
7. COMMENCEMENT OF WORKS
The Date of Commencement of the works shall be within xx days from the date of issue of letter
of Acceptance (LOA) as per PCC Clause No.xxx, Part-B Specific Provisions, Part-3, Section-X,
Particular Conditions of Contract of Tender Document read in conjunction with Addendum-xx
8. COMPLETION TIME
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 and complete the Works
within xxxx days (---------------- Days only) from the date of commencement and to remedy any
defects therein conformity in all respects with the provisions of the contract as per Sl.No.xx Part-
A Contract Data, Part-3, Section-X, Particular Condition of Contract of tender document.
9. CONFIDENTIALITY AND PUBLICATION
The Contractor shall ensure that its employees, keep confidential all the documents passed on to
it by the Employer and, as well as all information exchanged and knowledge acquired concerning
this Contract and its implementation, even if such documents have not been expressly designated
as confidential. This obligation of confidentiality upon the Contractor and its employees shall
remain effective even after termination of the Contract. It shall not apply to disclosure to a court
or to a public authority, in so far as this disclosure is made on the basis of legal obligations or by
order of a court or a public authority. It shall also not apply to those materials, information and
knowledge acquired for which and in so far as the Employer has given written consent for
publication.
10. INTEGRATION
The Employer and the Contractor agree that this Contract Agreement, together with the other
Contract Documents, expresses all of the agreements, understandings, promises, and covenants
of the parties, and that it integrates, combines, and supersedes all prior and contemporaneous
negotiations, understandings and agreements, whether written or oral and that no modification or
alteration of the Contract Documents shall be valid or binding on either party, unless expressed
in writing and executed with the same formality as this Contract Agreement, except as may
otherwise be specifically provided in the Contract Documents.
11. JURISDICTION OF COURT
The courts at Chennai shall have the exclusive jurisdiction to try all disputes arising out of this
agreement between the parties.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with the laws of India on the day, month and year specified above.

Forms
Name of the official Name of the official
xxxxxx Shri. xxxxxx

Chennai Metro Rail Limited
Admin Building, CMRL Depot,
Chennai-600 107, India
Stamp/seal of the Employer Stamp/seal of the Contractor
for and on behalf of the Employer for and on behalf of the Contractor
in the presence of in the presence of
xxxxxxxx xxxxxxxxxxxx
Chennai Metro Rail Limited
Admin Building, CMRL Depot,
Chennai-600 107, India

Forms
Performance Security
[Bank’s name, and address of issuing branch or office]
Beneficiary: [Name and address of the Employer]

Date: ...................................................................................................................
Performance Guarantee No.: ............................................................................
We have been informed that [name of the contractor] (hereinafter called "the
Contractor") has entered into Contract No. [reference number of the contract] dated [date]
with you, for the execution of [name of contract and brief description of 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 Contractor, we [name of the bank] hereby irrevocably undertake
to pay you any sum or sums not exceeding in total an amount of [name of the currency
and amount in words]1 [amount in figures] such sum being payable in the types and
proportions of currencies in which the Contract Price is payable, upon receipt by
us of your first demand in writing accompanied by a written statement stating
that the Contractor is in breach of its obligation(s) under the Contract, without
your needing to prove or to show grounds for your demand or the sum specified
therein.
This guarantee shall expire, no later than the [date] day of [month], [year],2 and any
demand for payment under it must be received by us at this office on or before
that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC
Publication No. 458 [or ICC Publication No. 758 as applicable], except that subparagraph (ii)
of Sub-article 20(a) is hereby excluded.3
....................................
[Signature(s) and seal of bank (where appropriate)]
Note to Bidder
If the institution issuing the performance security is located outside the country of the
Employer, it shall have a correspondent financial institution located in the country of
the Employer to make it enforceable.
1
The guarantor shall insert an amount representing the percentage of the contract price specified in the contract and denominated
either in the currency(ies) of the contract or a freely convertible currency acceptable to the Employer.
2
Insert the date 28 days after the expected completion date. The Employer should note that in the event of an extension of the time
for completion of the contract, the Employer would need to request an extension of this guarantee from the guarantor. Such request
must be in writing and must be made prior to the expiration date established in the guarantee. In preparing this guarantee, the
Employer might consider adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a
one-time extension of this guarantee for a period not to exceed [6 months] [1 year], in response to the Employer’s written request
for such extension, such request to be presented to the Guarantor before the expiry of the guarantee.”
3
Or the same or similar to this clause specified in the Uniform Rules for Demand Guarantees, ICC Publication No. 758 where
applicable.

Forms
Advance Payment Security

[Bank’s name, and address of issuing branch or office]
Beneficiary: [Name and address of the Employer]

Date:.................................................................................................................................
Advance Payment Guarantee No.: ................................................................................
We have been informed that [name of the contractor] (hereinafter called "the
Contractor") has entered into Contract No. [reference number of the contract] dated
[date] with you, for the execution of [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 [name of the currency and amount in words]4 [amount in
figures] is to be made against an advance payment guarantee.
At the request of the Contractor, we [name of the bank] hereby irrevocably undertake
to pay you any sum or sums not exceeding in total an amount of [name of the currency
and amount in words]5 [amount in figures] upon receipt by us of your first demand in
writing accompanied by a written statement stating that the Contractor is in breach of
its obligation under the Contract because the Contractor:
(a) used the advance payment for purposes other than the costs of mobilization
and cash flow support in respect of the Works; or
(b) has failed to repay the advance payment when it has become due and payable
in accordance with the conditions of the Contract, specifying the amount
payable by the Contractor.
It is a condition for any claim and payment under this guarantee to be made that the
advance payment referred to above must have been received by the Contractor on its
account number [Contractor’s account number] at [name and address of the bank].
The maximum amount of this guarantee shall be progressively reduced by the amount
of the advance payment repaid by the Contractor as indicated in copies of interim
statements or payment certificates which shall be presented to us. This guarantee shall
expire, at the latest, upon our receipt of a copy of the interim payment certificate
indicating that ninety percent (90%) of the Contract Price has been certified for
payment, or on the [date] day of [month], [year],6 whichever is earlier. Consequently,
4
The guarantor shall insert an amount representing the amount of the advance payment 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.
5
Footnote 1.
6
Insert the expected expiration date of the time for completion. The Employer should note that in the event of an extension of the time
for completion of the contract, the Employer would need to request an extension of this guarantee from the guarantor. Such request
must be in writing and must be made prior to the expiration date established in the guarantee. In preparing this guarantee, the
Employer might consider adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a
one-time extension of this guarantee for a period not to exceed [6 months] [1 year], in response to the Employer’s written request for
such extension, such request to be presented to the Guarantor before the expiry of the guarantee."

Forms
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, ICC
Publication No. 458 [or ICC Publication No. 758 as applicable].
....................................
[Signature(s) and seal of bank (where appropriate)]
Note to Bidder
If the institution issuing the advance payment security is located outside the country of
the Employer, it shall have a correspondent financial institution located in the country
of the Employer to make it enforceable.

Chennai Metro Rail Limited: Part - 3

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Chennai Metro Rail Limited: Part - 3

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CHENNAI METRO RAIL LIMITED

CHENNAI METRO RAIL PROJECT PHASE 2, CORRIDOR 3

“CONSTRUCTION OF ELEVATED VIADUCT (APPROXIMATE LENGTH OF

SINGLE STAGE TWO ENVELOPE BIDDING

PART 2 Employer’s Requirements

PART 3 Conditions of Contract and Contract Forms

Section - IX. General Conditions of Contract (GCC)

Part 4 Reference Documents

“CONSTRUCTION OF ELEVATED VIADUCT (APPROXIMATE LENGTH OF

GENERAL CONDITIONS OF CONTRACT (GCC)

General Conditions of Contract (GCC)

CMRL / Rev. C GCC - 1 April 2022

TENDER No. C3/ECV-01/RT01

“CONSTRUCTION OF ELEVATED VIADUCT (APPROXIMATE LENGTH OF

PARTICULAR CONDITIONS OF CONTRACT

PARTICULAR CONDITIONS OF CONTRACT

CMRL / Rev. C PCC - 1 April 2022

PART- A – CONTRACT DATA

S. Conditions of Contract Sub- Data

3. Engineer’s name and address 1.1.2.4 & The Team leader,

4. Bank’s name 1.1.2.11 Asian Development Bank (ADB)

CMRL / Rev. C PCC - 2 April 2022

S. Conditions of Contract Sub- Data

18. Maximum amount of delay 8.7 10 % of the Final Contract Price

CMRL / Rev. C PCC - 3 April 2022

S. Conditions of Contract Sub- Data

24. Repayment amortization rate of 14.2(b) 17% (Mobilization advance)

25. Percentage of Retention 14.3(c) Deduction of 2.5% from each IPC

27. Plant and Materials 14.5(b)(i) Not applicable

14.5(c)(i) Not applicable

CMRL / Rev. C PCC - 4 April 2022

S. Conditions of Contract Sub- Data

CMRL / Rev. C PCC - 5 April 2022

S. Conditions of Contract Sub- Data

CMRL / Rev. C PCC - 6 April 2022

S. Conditions of Contract Sub- Data

b. Relevant policies 45 days

Place/Venue of Arbitration: Chennai, India

CMRL / Rev. C PCC - 7 April 2022

Part B – Specific Provisions

CMRL / Rev. C PCC - 1 April 2022

12. 1.2 Delete last paragraph of Sub-clause 1.2.

1.5 Priority of Documents

CMRL / Rev. C PCC - 2 April 2022

1.6 Contract Agreement

CMRL / Rev. C PCC - 3 April 2022

CMRL / Rev. C PCC - 4 April 2022

CMRL / Rev. C PCC - 5 April 2022

Add the following after point (b):

4.10 Site Data

4.12 Unforeseeable Physical Conditions

CMRL / Rev. C PCC - 6 April 2022

4.16 Transport of Goods

CMRL / Rev. C PCC - 7 April 2022

CMRL / Rev. C PCC - 8 April 2022

Add the following to the end of Sub-Clause 4.22:

CMRL / Rev. C PCC - 9 April 2022

6.4 Labour Laws

CMRL / Rev. C PCC - 10 April 2022

Add the following to Sub-Clause 6.7:

6.21 Child Labour

CMRL / Rev. C PCC - 11 April 2022

Add a new Sub-Clause 6.25: Respectful Work Environment.