Professional Documents
Culture Documents
PART - 3
CONDITIONS OF CONTRACT
JANUARY 2022
BIDDING DOCUMENTS
PART - 3
CONDITIONS OF CONTRACT
JANUARY 2022
# Station name “Taramani Road Junction” shall be read as
“Taramani” in all the tender documents and tender drawings.
Chennai Metro Rail Project – Phase 2, Corridor-3. Part-3, Section - IX
TENDER No. CP05/UG05/RT01 General Conditions of Contract (GCC)
The General Conditions governing this Contract shall be Conditions of Contract for Construction
MDB Harmonized Edition, prepared and copyrighted by the International Federation of
Consulting Engineers (Fédération Internationale des Ingénieurs-Conseils, or FIDIC), FIDIC
2010, all rights reserved, (hereinafter referred to as “Standard GC”). This publication is
exclusive for the use of JICA’s Borrowers and their project implementing agencies as provided
under the License Agreement dated August 1st, 2008, between JICA and FIDIC, and,
consequently, no part of this publication may be reproduced, translated, adapted, stored in a
retrieval system or communicated, in any form or by any means, whether mechanical,
electronic, magnetic, photocopying, recording or otherwise, without prior permission in writing
from FIDIC, except by the parties above and only for the exclusive purpose of preparing this
Contract.
The General Conditions of Contract are available on the JICA’s website shown below:
http://www.jica.go.jp/english/our_work/types_of_assistance/oda_loans/oda_op_info/guide/tende
r/index.html
PART - 3
CONDITIONS OF CONTRACT
SECTION - X
JANUARY 2022
ID-UG5-
Completion of Roof Slab 680 700 995 555
01
ID-UG5-
Completion of Base Slab 955 1150 1280 1200
02
ID-UG5- Completion of Platform
1015 1210 1340 1260
03 slab
Completion of overall
Construction Works for
the Station / Crossover
Works, Street Level, Entry
ID-UG5- and Exits / Vent shafts /
1630 1575 1610 1500
04 Firemen Stairs / Lift &
Escalator shafts and
including TBM shaft
portions & Parking Ramps
if any
Note:
1. The Access provided shall be shared access and used by all the Contractors and as coordinated
by the Contractor without affecting their respective Works.
2.In addition to the above Liquidated Damages, the Contractor shall be obliged to compensate any
losses incurred by the Employer due to claims by the Interfacing Contractors on delayed access,
and the same shall be notified accordingly.
ID-UG5-09 Indira Nagar - T7L3 & T7L4 870 INR 50,000 /Day
Note:
1. After taking over of stations / crossover / shafts from the Tunnel Contractor, the Station
Contractor to coordinate and provide access to the Tunnel Contractor for him to
complete the balance tunnelling works.
2. Deleted.
3. The Access provided shall be shared access and used by all the Contractors and as
coordinated by the Contractor without affecting their respective Works.
Note:
1. After taking over of stations / crossover / shafts from the Tunnel Contractor, the Station
Contractor to coordinate and provide access to the Tunnel Contractor for him to
complete the balance tunnelling works.
2. Deleted.
3. The Access provided shall be shared access and used by all the Contractors and as
coordinated by the Contractor without affecting their respective Works.
E. Taking over of Station from Tunnel Contractor after his completion of Tunnel drives
Calendar days
Key Date
Key Date Description from date of
Number
Commencement
Note:
1. After taking over of stations / crossover / shafts from the Tunnel Contractor, the Station
Contractor to coordinate and provide access to the Tunnel Contractor for him to
complete the balance tunnelling works.
Note:
1. After taking over of stations / crossover / shafts from the Tunnel Contractor, the Station
Contractor to coordinate and provide access to the Tunnel Contractor for him to
complete the balance tunneling works.
2. Deleted.
3. The Access provided shall be shared access and used by all the Contractors and as
coordinated by the Contractor without affecting their respective Works.
ID-UG5-30 Cut and cover open ramp after Taramani Road Jn 1060 INR 50,000 /Day
Note:
1. After taking over of stations / crossover / shafts / ramp from the Track work Contractor,
the Station Contractor to coordinate and provide access to the Track work Contractor
for him to complete the balance works.
2. Deleted.
3. The Access provided shall be shared access and used by all the Contractors and as
coordinated by the Contractor without affecting their respective Works.
H. Taking over of Tunnels from Tunnel Contractor after his completion of Tunnel Works
Calendar days
Key Date
Key Date Description from date of
Number
Commencement
ID-UG5-33 Thiruvanmiyur Metro to Ramp Cut and Cover after Taramani Road Jn 1050
Note:
1. After taking over of tunnels from the Tunnel Contractor, the Station Contractor to
coordinate and provide access to the Tunnel Contractor and other Interface Contractors
for them to complete their Works.
3. The Access provided shall be shared access and used by all the Contractors and as
coordinated by the Contractor without affecting their respective Works.
continuation of access for the public and to facilitate construction of the Works.
11. Unless otherwise noted, the Contractor shall protect all existing buildings and
structures, either located within or adjacent to, the Site and works Areas to the
satisfaction of the Engineer.
12. Work areas falling under the Road Right of Way which includes Road and footpaths
shall be accessed for work by the Contractor after obtaining necessary permission from
the Regulatory Authorities including Traffic Police Department.
13. If any land and/or right of way, other than the Site and works Areas shown on the
Employer’s Drawings, is required by the Contractor for the purpose of the execution of
the Works, such as for temporary diversion, ground treatment, storage, site offices for
the Contractor or the Engineer, etc... the same shall be arranged by the Contractor at
his own risk and cost. The Employer where feasible may at his discretion assist the
Contractor in this respect.
14. Schedule of Site Access Dates:
The table below sets out the access dates when Site Areas are available, and the
Contractor shall take these dates into account in his Works Programme.
Ramp
Cut 7 Cover, U-Section Refer to item 12 above
and Retaining wall
15. For relevant Work Area Drawings reference shall be made to the drawings in Part 2
Section VIII Employers Drawings.
16. Contractor shall handover / takeover part of work area to / from the Tunnel
Contractor (TU01/TU02) for the Tunneling Operations as per the Key Dates given in
Part 2 Section VI Appendix 2B and as per the Work Area Drawings given in Part 2
Section VIII Employers Drawing.
17. Contractor shall carryout Interface Coordination on the use of Site and Works Areas
with the Tunnel Contractors TU01 and TU02 for Tunneling Operations by them at all
Stations and Crossovers. Contractor shall also carryout Interface Coordination with
other Discipline Contracts such as –Civil Works, Track Works and System Works
for the use of Site and Works Areas by them.
18. Work area interface with other contractors:
Contractor shall be handing over or taking over or sharing part or full Work Area to / from
other Contractors such as Civil Works, Track Works, MEP and System Works as per
the Key Dates given in Part 2 Section VI Appendix 2B.
During handing over of Works Areas to the other Contractors, the Contractor shall clear
and clean the Work Areas to the satisfaction of the Engineer.
19. Any additional work area required for Station Operations and relevant road traffic
arrangement / diversion shall be arranged by the Station Contractor with necessary
approvals from Traffic Police department / Stake holders.
GCC
PCC Clause No. Clause
No.
1.General Provisions
1.1 Definitions
1.1.1 The Contract
Delete the entire Sub-Clause 1.1.1.4 and substitute the following:
“Letter of Tender” means the document(s) entitled letter of bid, or letters of
1. 1.1.1.4 technical bid and price bid, as appropriate, which was/were completed by the
Contractor and include(s) the signed offer to the Employer for the Works.”
GCC
PCC Clause No. Clause
No.
1.1.4 Money and Payments
Add a new Sub-Clause 1.1.4.13:
7. 1.1.4.13 “Price Centre Amount” means the amount quoted by the Bidder towards a
Price Centre.
1.1.6 Other Definitions
GCC
PCC Clause No. Clause
No.
1.16 The Contractor’s Liabilities as to the payment taxes and duties (New Clause)
Add the following as a new Sub-Clause:
All duties, taxes, Cess and other levies payable such as Custom duty# etc.
shall be paid by the Contractor. Only GST will be reimbursed against
13. 1.16 submission of proof of discharge of his liability.
# This project is eligible for Project Import Scheme under the heading 98.01
under Customs Tariff Act 1975. The Employer will provide necessary
certificate for the eligibility of this Project under this Act.
4 The Contractor
4.1 Contractor’s General Obligations
In the third paragraph, delete “have their origin in any eligible source country
as defined by the Bank” and substitute the following:
14. 4.1
“meet the requirements specified in the Section V: Eligible Source Countries of
Japanese ODA Loans hereto.”.
4.2 Performance Security
Replace paragraph 2 of GCC Sub-Clause 4.2 with the following:
The Contractor shall deliver the Performance Security to the Employer within
28 days after receiving the Letter of Acceptance and shall send a copy to the
15. 4.2 Engineer. The Performance Security shall be issued by a Public sector bank
(PSB) or any Japanese Bank as listed under Schedule of Commercial Banks
by The Reserve Bank of India (RBI) and shall be in the form annexed to the
Particular Conditions, as stipulated by the Employer, or in another form
approved by the Employer.
4.8 Safety Procedures
Add the following to the end of Sub-Clause 4.8:
Within 56 days of the date of LoA, the Contractor shall submit a detailed and
16. 4.8 comprehensive contract-specific Site Safety Plan based on the Employer’s
Occupational, Health, Safety and Environmental Requirements (OSH&E
Requirements) given in Section VI-A of the Employer’s Requirement.
4.18 Protection of the Environment
Add the following to the end of Sub-Clause 4.18:
Within 56 days of the date of the LoA, the Contractor shall submit a detailed
17. 4.18 and comprehensive Site Environmental Plan based on the Employer’s
Occupational, Health, Safety and Environmental Requirements (OHS&E
Requirements) as given in Section VI-A of the Employer’s Requirements and
shall include such further material, which are necessary and relevant.
4.21 Progress Reports
Add the following to the end of Sub-Clause 4.21:
The Contractor shall furnish to the Engineer, a detailed cash flow estimate
together with an “S” curve, in respect of the works, within 28 days from the
18. 4.21
Commencement Date. This shall be up-dated and submitted every
subsequent, three (3) months, thereafter until the completion of the works.
GCC
PCC Clause No. Clause
No.
4.22 Security of the Site
Add the following to the end of Sub-Clause 4.22:
(c) The Contractor shall take all measures necessary to ensure such security,
including exercising control over all persons and vehicles which are
employed or engaged on the Site or in connection with the Works or the
other works comprising the Project and with the security arrangements
applicable to any other site within the Project.
(d) The Contractor shall arrange the issue of passes for the admission of all
persons and vehicles to the Site or to any part thereof and may refuse
admission to or remove from the Site any person or vehicle failing to
show an appropriate pass on demand to any duly authorized person.
19. 4.22 (e) If required by the Engineer, the Contractor shall submit a list identifying
all persons to whom passes have been issued together with two
photographs of each person and all entities to which a pass has been
issued in respect of any vehicle and shall satisfy the Engineer of the
bonafides of any such person or entity.
(f) The Contractor, after obtaining any necessary consent from any relevant
authority, shall submit to the Engineer proposals showing the layout of
pedestrian routes, lighting, signs, and guarding any road opening or
traffic diversion which may be required in connection with the execution
of the Works and which the Contractor intends to construct. Any consent
given by the Engineer to such proposals shall not relieve the Contractor
of any obligation under the Contract or absolve the Contractor from any
liability for or arising from such proposals or the implementation thereof.
5. Nominated Subcontractor
5.1 Definition of “Nominated Subcontractor”
In sub-paragraph (b), delete “[Objection to Notification]” and substitute
20. 5.1
“[Objection to Nomination]”.
6 Staff and Labour
6.7 Health and Safety
Delete the following last sentence of the last paragraph:
“Payment to the Contractor for preparation and implementation this program
shall not exceed the Provisional Sum dedicated for this purpose.”.
GCC
PCC Clause No. Clause
No.
GCC
PCC Clause No. Clause
No.
times allow access to all of the Site to the Interfacing Contractors for the
purposes of erecting catenary, laying cables, installing signaling and
communications systems and all similar work.
h) The access and occupation referred to in this PCC clause shall include for
heavy vehicles at all times.
i) The Contractor shall allow for, and be deemed to have included all related
costs, in the Contract Price for access, occupation or handover for
Interfacing Contractors on 7 days a week, 24 hours per day basis.
8.4 Extension of Time for Completion
Add the following to the end of Sub-Clause 8.4:
However, the Contractor shall not be entitled to any extension of time where
the instructions or acts of the Employer or the Engineer are necessitated by or
intended to cure any default of or breach of Contract by the Contractor or
where any delay is due to:
a. the failure of sub-contractor, to commence or to carry out work in due time,
24. 8.4 b. inclement weather conditions, other than 1 in 50 year cycle and
c. the Contractor not fulfilling his obligations under Sub-Clause 4.6.
8.4.1 Extension of time for completion for other reasons
Whether or not the Contractor fails to achieve any Key Date by reason of any
delay shall not by itself be material to the Contractor's entitlement to an
extension of time. Any extension to a Key Date shall not by itself entitle the
Contractor to an extension to any other Key Date and the Time for Completion.
8.7.2
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.
GCC
PCC Clause No. Clause
No.
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 may
recommend release of Liquidated Damages recovered due to non
achievement of other preceding Key Dates (except the Key Dates associated
to Interfacing Contractor / System Wide Contractors or any other
consequential damages like extended stay of ER team, operational delay etc.).
The Employer, at its sole discretion, may release such Liquidated Damages
based on the recommendation of the Employer’s Representative. The
Employer’s decision in this regard shall be final and binding.
8.9 Consequences of Suspension
Add to Sub-Clause 8.9:
The Contractor shall not be entitled to claim extra cost (if any), incurred by
him, during the period of suspension of Work, if such suspension is
a. provided for in the Contract, or
b. such suspension is necessary for the safety of Works or any part thereof, or
c. such suspension is necessary for the safety of adjoining public or other
property or safety of the public or workmen or those who have to be at
the site, or
d. to ensure safety and to avoid disruption of traffic and utilities, as also to
permit fast repairs and restoration of any damaged utilities.
e. Provided that such occurrences under b, c & d mentioned above are not
attributable to the Contractor.
Extension
of Time Compensation for
Sr. Suspension as per the
Remarks
No. Period Clause Suspension
GCC/PCC period
26. 8.9 8.4
Extension of time
as considered
1 1 – 30 days YES NO
proper by the
Engineer
As per Daily rate
of wages for idle
labour / Compensation as
employees assessed by the
Engineer on
70% of the rate submission of
Above 30
2 YES for hire charges documentary proof
days
for idle plant & by the Contractor
machinery to Engineer’s
(excluding cost of satisfaction
fuel & lubricants)
15% above all
GCC
PCC Clause No. Clause
No.
these items to
cover overhead
costs
12.3 Evaluation
Add the following under Sub Clause 12.3 (a):
(v) The variation in the quantities shall be determined as defined under Clause
1.1.1 Variation, Section lV B - Pricing Schedule. The Variation shall be limited
to the items stated in the Annexure 1 – Section lV B, Pricing Schedule, and the
Contractor is instructed to consider all the other items required to complete the
scope of the Works under this Contract in his Price.
(vi) The Variation in the quantities as determined shall be paid as per the rates
of the respective items described and provided under Section lV B - Pricing
Schedule - Annexure 1.
(vii) The rates provided under Section lV B - Pricing Schedule - Annexure 1
shall be firm and fixed till completion of all the Works under the Contract, Price
adjustment under sub clause 13.8 shall be applicable.
or
Replace 12.3 (b) with the following:
(b) (i) the work is instructed under Clause 13 [Variations and Adjustments],
(ii) no rate or price is specified in the Contract for this item, and
(iii) no specified rate or price is appropriate because the item of work is not
27. 12.3 of similar character, or is not executed under similar conditions, as any item in
the Contract.
The rates for any new additional items introduced due to change in design in
the latest GFC drawing, which are not covered in the Annexure 1 and or as
shown in the tender drawings, shall be derived as per the following order of
precedence:
1. Central Public Works Department- Delhi Schedule of Rates-2021 (CPWD
DSR 2021 without applying Chennai cost index) escalated @ 2% per year to
the year of the execution.
2. Indian Railways Unified Standard Schedule of Rates-2019 (IRUSSOR 2019)
escalated @ 2% per year to the year of the execution.
3. In case, the item is not available under the two 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
GCC
PCC Clause No. Clause
No.
Payment Certificates as soon as the concerned work commences.
Add at the End of Clause 12.3 for Utility Diversion & Miscellaneous works
Rates for Provisional Sum items for shifting / diversion / maintenance /
restoration of all chartered and unchartered utilities:
i. The scope for shifting / diversion / maintenance / restoration includes all
miscellaneous items such as cut-open and reinstating of roads, foot
paths etc. associated to utility diversion works.
ii. The contractor shall carry out the works relating to the utilities in
consultation with the utility agencies and the utility works shall be carried
out through the approved contractors of the respective utility agencies
(CMWSSB, TNEB, BSNL etc.). The Contractor shall be paid as per the
actual executed quantities, based on the approved estimate of the
respective Department / as per current Schedule of Rates (SoR) of the
concerned Utility Department or in case the rates are not available in the
SoR, Market rates . The Contractor shall also be paid 15% towards
overhead charges and profit over the above . This 15% fee is not
applicable for any Departmental Supervision Charges & Connection
charges to be paid to the utility agencies for the diverted utilities and for
the utility connection charges for the new metro stations.
iii. Any other associated miscellaneous works under Provisional Sum will be
operated as per the rates given in the following schedule of rates (SoR)
excluding GST in the same order as given below:
1. Central Public Works Department- Delhi Schedule of Rates-2021
(Excluding GST) escalated @ 2% per year to the year of the
execution.
2. Indian Railways Unified Standard Schedule of Rates-2019 (IR-
USSOR 2019) (Excluding GST) escalated @ 2% per year to the
year of the execution.
3. In case, the item is not available under the two 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)
GST on the above shall be reimbursed to the Contractor against the
submission of proof of discharge of his liability.
13 Variations and Adjustments
13.5 Provisional Sum
Add the following at the end of Sub-Clause 13.5:
As an exception to the above, the Provisional Sum for the cost of the DB shall
be used for payments to the Contractor towards the Employer’s share (one-
half) of the invoices of the DB for its fees and expenses, in accordance with
PCC 20.2. No prior instruction of the Engineer shall be required with respect to
the work of the DB. The provisional sum towards the cost of DB specified in
28. 13.5 this Contract is only for 50% share of the Employer. The Contractor shall
produce the DB invoices and satisfactory evidence of having paid 100% of
such invoices as part of the substantiation of those Statements which contain
requests for payment of 50% of DB invoices towards Employer’s share of DB.
The Engineer’s certification of such statements shall be based upon such
invoices and such evidence of payment by the Contractor. Contractor’s
overhead, profit, etc., shall not be included for the cost of the DB.
13.7 Adjustment for Changes in Legislation
GCC
PCC Clause No. Clause
No.
Replace Sub-Clause 13.7 of GCC with the following:
13.7.1 Changes in Cost Due to Change in Law:
13.7.1.1 The Contract shall be governed by the laws for the time being in force
in India.
13.7.1.2 “Change of Law” means the occurrence or coming into force of the
following, at any time after the Base date:
Any new tax or change in the rate of any existing tax / duty if so related to the
works, which is imposed after the due date of submission of tender and which
impacts the performance of the contractor with increased cost or which results
in extra financial gains to the contractor due to decreased cost in execution of
works.
13.7.1.3 Such additional or reduced cost shall be certified by the Engineer
29. 13.7
after examining records provided by the Contractor and shall be paid by or
credited to the Employer as the case may be Subject to sub-clause 13.7.1.5
below:
13.7.1.4 Notwithstanding the foregoing, such additional or reduced cost shall
not be separately paid or credited, if, the same shall have been taken into
account under any other clause of the Contract;
13.7.1.5. No addition or reduction in cost due to any changes in any other Law
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
30. 13.8 carried out in period “n”, this period being a month unless otherwise stated in
the Contract Data.
“a” is a fixed coefficient as specified in Schedule of Adjustment Data in Bidding
forms, Section IV A, representing the nonadjustable portion in contractual
payments;
“b”, “c”, “d”, “e” and “f” are coefficients representing the estimated proportion of
each cost element (labour, steel, cement, fuel & Power 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
GCC
PCC Clause No. Clause
No.
IV A of PART 1, applicable to each cost element; and
“Lo”, “So”, “Co” “Fo” and “Mo” are base cost indices corresponding to the above
cost elements at the date specified in Schedule of Adjustment Data in Bidding
forms, Section IV A.
13.8.2 Conditions Applicable To Price Adjustment:
The source of indices shall be as per Schedule of Adjustment Data in Bidding
forms, Section IV A. Base dates is as follows;
(a) The base cost indices or prices shall be those Bases, prevailing on the
month prior to 28 days from the Bid Submission due date as per Tender.
Current indices or prices shall be those prevailing on the month prior to 28
days from the Bid Submission due date as per Tender 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 contract price. Price variation is not applicable on GST
and Provisional Sum.
(c) The responsibility of arranging copies of the all the above mentioned
indices, from the Reserve Bank of India/Office of Economic advisor, to be
delivered to the Engineer on a monthly basis, shall rest with the
Contractor.
(d) Whenever the nomenclature or classification or description of the indices
undergo a change than that is available on the Base date, the Engineer
will choose appropriate indices closer to the one available on the Base
date for the purpose of determining the variation. The decision of the
Engineer in this regard shall be final and binding.
13.8.3 Application of Price Variation Clause to extra items and provisional
sum:
The Price Variation Clause above shall not be applicable to any new items /
extra items not covered under Annexure 1 and shall not be appliable for items
executed under Provisional sum and for which the rates shall be fixed
separately under Sub Clause 12.3.
13.8.4 Adjustment on Account of Price Variation
Adjustments on account of Price Variations may be positive (in which case an
additional amount shall be paid to the Contractor), or negative (in which case
the amount of Price Variation shall be recovered from the Contractor).
Adjustment on account of Price Variation shall be calculated separately, for
each period between two successive dates of the Contractor’s statements and
paid with the IPC.
After verifying the statement, the Engineer shall certify the adjustment amount
and advise the same to the Employer along with the IPC. Should any extra
amount be due to Contractor, the Employer shall pay the same as far as
possible within 28 days of certification by the Engineer. Any amount due from
the Contractor on account of negative adjustment shall be recovered from his
pending or other statements at the earliest.
13.8.5 Procedure in case of delay in availability of final Indices
Where the final Price Indices are not available in the Reserve Bank of India
Bulletins, while making payment towards an IPC, payment towards the Price
Variation will be made on provisional basis based on the indices available, to
GCC
PCC Clause No. Clause
No.
be adjusted in subsequent statements as and when the final Indices figures
become available.
13.8.6 Price Variation during extended period of completion.
The price adjustment as worked out above i.e. either increase or decrease will
be applicable up to the stipulated Completion Date of the Works, including the
extended period of completion where such extension has been granted under
Sub-Clauses 8.4 of the Part 3 - General Conditions, and where such an
extension has 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 determined by the
Employer as the case may be.
b) In case the indices fall below the indices applicable to a statement made
on the last date of the original or extended period of completion, then the
lower indices will be adopted for Price Adjustment for the period of
extension.
c) No price increase will be allowed for periods of delay for which the
Contractor is held responsible. The Employer will, however, be entitled to
any price decrease occurring during such periods of delay.
GCC
PCC Clause No. Clause
No.
The Second & final instalment of the Advance Payment may be paid after:
(i) the required Bank Guarantee in the specified format from banks as
mentioned above is submitted (ii) the evidence for satisfactory utilization of the
First instalment of mobilization is submitted; and (iii)Key Personnel and Plant &
machinery as required for the project are mobilized.
Within 30 days of release of the second and final Instalment of the Advance
Payment, the Contractor shall submit the evidence for satisfactory utilization of
the second instalment of mobilization.
14.7 Payment
Delete the last paragraph of this Sub-Clause and substitute the
following:
“Payment of the amount due in:
36. 14.7
(A) local currency, payable from the proceeds of the Loan, shall be made
through as stated in the Contract Data; and
GCC
PCC Clause No. Clause
No.
(B) foreign currency, payable from the proceeds of the Loan, shall be made
through as stated in the Contract Data.
Payment of the amount due in each currency, payable from any source of
finance other than the Loan Agreement such as the Employer’s own funds,
shall be made directly into the bank account opened by the Contractor in the
name of JV and project at Chennai.
GCC
PCC Clause No. Clause
No.
of sourcing the material, equipment or services outside the Employer's
country. Any unutilized portion of Foreign Currency shall be paid in equivalent
INR as mentioned in (d) below. If more than one currency is so named, in
Letter of Price Bid, payments shall be made as follows:
(a) payment by the Contractor for damages specified in the Contract Data,
shall be made in INR (Local Currency).
(b) other payments to the Employer by the Contractor shall be made in the
currency in which the sum was expended by the Employer, or in such
currency as may be agreed by both Parties;
(c) if any amount payable by the Contractor to the Employer in a particular
currency exceeds the sum payable by the Employer to the Contractor in
that currency, the Employer may recover the balance of this amount from
the sums otherwise payable to the Contractor in other currencies; and
(d) the applicable rates of exchange shall be those prevailing on the Base
Date and determined by the central bank of the Country.”
15 Termination by the Employer
15.2 Termination by Employer
Add to Sub-Clause 15.2 :
39. 15.2 On termination of Contract due to Contractor’s default, the Employer shall be
entitled to forfeit the whole or such portion of the Performance Security amount
as he may consider fit.
15.6 Corrupt and Fraudulent practices
Delete the entire Sub-Clause 15.6 and substitute the following:
“If the Employer determines, based on reasonable evidence, that the
Contractor has engaged in corrupt or fraudulent practices, in competing for or
in executing the Contract, then the Employer may, after giving 14 days’ notice
to the Contractor, terminate the Contract and expel him from the Site, and the
provisions of Clause 15 shall apply as if such termination had been made
under Sub-Clause 15.2 [Termination by Employer].
40. 15.6 Should any employee of the Contractor be determined, based on reasonable
evidence, to have engaged in corrupt or fraudulent practice during the
execution of the work then that employee shall be removed in accordance with
Sub-Clause 6.9 [Contractor’s Personnel].
The Contractor is required to comply with JICA's policy in regard to corrupt
and fraudulent practices as declared in the Acknowledgement of Compliance
with Guidelines for Procurement under Japanese ODA Loans.”
GCC
PCC Clause No. Clause
No.
refer the dispute in writing to the Dispute Board (DB) for its decision,
with copies to the other Party and the Engineer. Such reference shall
state that it is given under this sub-clause.
(ii) The DB shall be appointed as and when the first request is raised, within
28 days of receipt of such request by the employer.
(iii) The DB shall comprise three members. The Employer shall, within fifteen
days from the date of receipt of such notice, send a list of 20 (twenty)
independent and neutral members who shall have overall experience of
more than 25 years in the fields of Metro Railways, Railways in any
discipline viz; civil construction (elevated/underground), Rolling stock,
S&T, Traction and allied fields and should have worked on at least one
project funded by MDBs or under Bilateral agreements. These names are
obtained from those Organizations, for the purpose of nominating them
as DB Members/Arbitrator, who are also not ex-employees or directly or
in-directly associated with CMRL.
(iv) In case of the Contractor or the Lead Partner of the Contractor (in
the case of a Joint Venture or Consortium) being of Japanese origin
CMRL will ask the successful bidders to propose few names up to a
maximum of twenty from Japan for DB Members/Arbitrator and all such
names will be abridged and out of the same, ten names will be shortlisted
by General Consultants based on their qualifications, experience etc.
These shortlisted ten names will be added to the list of 20 member’s
panel of DB Members / Arbitrator mentioned above.
(v) Each party shall choose any one member from the panel. The two
members so nominated shall recommend a third member from the same
panel and the Parties shall agree upon the same, who shall then act as
Chairman of the DB.
(vi) The remuneration payable to the adjudicators shall be as prescribed in
the Contract Data Sheet and shall be shared by both Parties equally.
(vii) If at any time the Parties so agree, they may jointly refer a dispute or any
matter to the DB for it to give its opinion. Neither Party shall consult the
DB members on any matter without the agreement of the other Party.
(viii) If any member of the DB declines to act or is unable to act as a result of
death, disability, resignation or termination of appointment, a replacement
shall be made in the same manner as the replaced person was
appointed.
(ix) The appointment of any member may be terminated by mutual
agreement of both Parties, but not by the Employer or the Contractor
acting alone. Unless otherwise agreed by both parties, the appointment
of the DB (including each member) shall expire when the discharge
referred to in sub clause 14.12 shall have become effective.
(x) If either party is dissatisfied with the DB’s decision, then the party, on or
before 28 days on receipt of such decision, shall notify the other party of
GCC
PCC Clause No. Clause
No.
its dissatisfaction, and its intention to refer the dispute for Arbitration,
failing which the decision of the DB shall be final and binding.
20.3 Failure to Agree on the Composition of the Dispute Board
42. 20.3 Delete Sub-Clause 20.3 of Part 3 General Conditions in its entirety
20.4 Obtaining Dispute Board’s Decision
Delete entire first paragraph of sub-clause 20.4 Obtaining Dispute
43. 20.4
Board’s Decision.
20.6 Arbitration
Delete sub-clause 20.6 in its entirety and replace with the following sub-
clauses:
1. Any dispute between the Parties arising out of or in connection with the
Contract, not settled under Amicable Settlement in accordance with Sub-
Clause 20.5, shall be finally settled by arbitration. The rules governing
arbitration shall be as under.
A. In case of the Contractor or the Lead Partner of the Contractor (in
the case of a Joint Venture or Consortium) being of Japanese
origin
i) The Arbitral Proceedings will be administered by the Singapore
International Arbitration Center (SIAC) and conducted under the
SIAC Rules of Arbitration.
ii) The dispute shall be referred to an Arbitral Tribunal comprising of
three members. Each party shall nominate one arbitrator from the
Panel list of DB Members/Arbitrator utilized earlier under Clause
20.2, within fifteen days from the date of receipt of failure notice
issued under Clause 20.5. The two arbitrators so nominated, shall
appoint the Presiding Arbitrator from the Panel referred above, by
mutual consultation among themselves, within 15 days of the
appointment of the second Arbitrator.
44. 20.6 iii) The venue of Arbitration will be at Chennai, India or any other
place mutually agreed by both parties.
iv) The arbitration shall be conducted in English language.
v) The Indian Arbitration and Conciliation Act, 1996, as amended
from time to time shall be applicable for the procedure post
Arbitration award.
B. In case of the Contractor or the Lead Partner of the Contractor (in
the case of a Joint Venture or Consortium) being of Indian origin
i) The dispute shall be referred to an Arbitral Tribunal comprising
three members. Either Party may propose to the other Party for
referring the dispute to Arbitration. If the proposal is initiated by the
Contractor, such proposal shall be addressed to the Employer and
the Employer shall, within fifteen days from the date of receipt of
such proposal, send a Panel of Dispute Board members/Arbitrators
to the Contractor. Such panel of independent persons, shall meet
with the requirement relating to the independence or impartiality of
arbitrators referred to in the Fifth and Seventh schedules, read with
Section 12, sub-sections (1) (a), (b) and (5) of the Indian Arbitration
and Conciliation Act, 1996 as amended by the Arbitration and
GCC
PCC Clause No. Clause
No.
Conciliation (Amendment) Act 2015.
ii) The Contractor shall nominate an arbitrator from the said Panel
within fifteen days from the date of receipt of the List of Panel from
the Employer. The Employer shall nominate its Arbitrator from the
said Panel within 15 days thereafter.
iii) If the proposal for referring the dispute to Arbitration is made by the
Employer to the Contractor, it shall forward such proposal to the
Contractor along with the nomination of its Arbitrator from the said
Panel. The Contractor shall, within fifteen days of receipt of the list
of Panel from the Employer, nominate its arbitrator from the Panel.
iv) If either party fails to nominate its Arbitrator within the prescribed
time limit as mentioned above, after the nomination by the other
party, then such other party, after the expiry of the prescribed time
limit, has the right to nominate the arbitrator from the Panel, on
behalf of the party failing to nominate. The two arbitrators so
nominated, shall appoint the Presiding Arbitrator from the Panel
referred above, by mutual consultation among themselves, within
15 days of the appointment of the second Arbitrator.
v) If no consensus is reached within 15 days regarding the
appointment of the Presiding Arbitrator, either party may apply to
the Designated Court referred to in the Arbitration and Conciliation
Act, 1996 as amended by the Arbitration and Conciliation
(Amendment) Act 2015 for the appointment of the Presiding
Arbitrator.
vi) The Parties agree that the selection and nomination of Arbitrators
from the Panel should be based on the nature and subject matter
of dispute to be adjudicated upon, that is, the nominated
Arbitrators shall have sufficient knowledge and experience to
decide upon the disputed matter.
vii) In the event of an arbitrator dying, neglecting or refusing to act or
resigning or being unable to act for any reason, it shall be lawful to
appoint another arbitrator in place of the outgoing arbitrator in the
manner aforesaid.
viii) Subject to aforesaid, the Arbitration and Conciliation Act,1996 as
amended from time to time, and the rules thereunder and any
statutory modifications thereof for the time being in force shall be
deemed to apply to the arbitration proceedings under this clause.
ix) The Seat & Venue of the arbitration shall be Chennai. The cost of
Arbitration including the fees of the Arbitrators shall be borne
equally by both the parties.
2. The arbitrators shall have full power to open up, review and revise any
certificate, determination, instruction, opinion or valuation of the Engineer,
and any decision of the DB relevant to the dispute. Nothing shall disqualify
representatives of the Parties and the Engineer from being called as a
witness and giving evidence before the arbitrators in any matter
whatsoever relevant to the dispute.
3. Neither Party shall be limited in the proceedings before the arbitrators to
GCC
PCC Clause No. Clause
No.
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.
BIDDING PROCEDURES
SECTION - XI
JANUARY 2022
Table of Forms
Letter of Acceptance...............................................................................2
Contract Agreement................................................................................3
[insert date]
This is to notify you that your Bid dated [insert date] for execution of the [insert name
of the Contract and identification number, as given in the Contract Data] for the
Accepted Contract Amount of the equivalent of [insert amount in words and
figures][insert name of currency], as corrected and modified in accordance with the
Instructions to Bidders, is hereby accepted by [insert name of Employer].
You are requested to furnish the Performance Security within 28 days in accordance
with the Conditions of Contract, using for that purpose one of the Performance Security
Forms included in Section XI, Contract Forms, of the Bidding Document.
Authorized Signature :
Name and Title of Signatory
:
Name of Agency :
Contract Agreement
THIS AGREEMENT made the [insert day] day of [insert month], [insert year], between
[insert name of the Employer] (hereinafter “the Employer”), of the one part, and [insert
name of the Contractor] (hereinafter “the Contractor”), of the other part:
WHEREAS the Employer desires that the Works known as [name of the Contract]
should be executed by the Contractor, and has accepted a Bid by the Contractor for
the execution and completion of these Works and the remedying of any defects
therein,
1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Contract documents referred to.
2. The following documents shall be deemed to form and be read and construed as
part of this Agreement. This Agreement shall prevail over all other Contract
documents.
(a) the Contract Agreement,
(b) the Letter of Acceptance (LoA),
(c) Letter of Technical Bid and Letter of Price Bid
(d) Addendum/Corrigendum to Tender
(e) the Particular Conditions – Part A
(f) the Particular Conditions – Part B
(g) FIDIC Conditions of Contract for construction for Building and Engineering works
designed by the Employer, 2010(GCC)
(h) Employer’s Requirements
(i) Employer’s Drawings
(j) Pricing Document & Financial Bid
(k) the Acknowledgement of Compliance with Guidelines for Procurement under
Japanese ODA Loan
(l) Schedules, any other documents forming part of the contract
IN WITNESS whereof the parties hereto have caused this Agreement to be executed
on the day and year first above written.
Witness; Witness;
Name : Name :
Signature : Signature :
Address : Address :
Performance Security
Option 1: Demand Guarantee
We have been informed that [insert name of Contractor, which in the case
of a joint venture shall be the name of the joint venture] (hereinafter called
"the Applicant") has entered into Contract No.[insert reference number of
the contract]dated [insert date] with the Beneficiary, for the execution of
[insert name of the contract and brief description of the Works] (hereinafter
called "the Contract").
This guarantee shall expire and be returned to us, no later than the [insert
the day]day of [insert month], [insert year]2, and any demand for payment
1
The Guarantor shall insert an amount representing the percentage of the Accepted Contract Amount
specified in the Letter of Acceptance and denominated either in the currency(cies) of the Contract or a freely
convertible currency acceptable to the Beneficiary.
2
Insert the date twenty-eight days after the expected completion date as described in GC Clause 11.9.
CMRL/Rev. E CF-5 January 2022
Chennai Metro Rail Project – Phase 2, Corridor3. Part-3, Section -XI
TENDER No. CP05/UG05/RT01 Annex to Particular Conditions-Contract
Forms
under it must be received by us at this office indicated above on or before
that date.
_____________________
[signature(s)]
[Note: All italicized text (including footnotes) is for use in preparing this form and shall be
deleted from the final product.]
Demand Guarantee
Guarantor: [insert name and address of place of issue, unless indicated in the
letterhead]
We have been informed that [insert name of Contractor, which in the case of a joint
venture shall be the name of the joint venture] (hereinafter called “the Applicant”) has
entered into Contract No. [insert reference number of the contract]dated [insert date
of the contract] with the Beneficiary, for the execution of [insert name of contract and
brief description of Works](hereinafter called "the Contract").
(a) has used the advance payment for purposes other than the costs of mobilization
in respect of the Works; or
(b) has failed to repay the advance payment in accordance with the Contract
conditions, specifying the amount which the Applicant has failed to repay.
A demand under this guarantee may be presented as from the presentation to the
Guarantor of a certificate from the Beneficiary’s bank stating that the advance payment
1
The Guarantor shall insert an amount representing the amount of the advance payment and
denominated either in the currency(ies) of the advance payment as specified in the Contract, or in a freely
convertible currency acceptable to the Employer.
referred to above has been credited to the Applicant on its account number[insert
number]at[insert name and address of Applicant’s bank].
The maximum amount of this guarantee shall be progressively reduced by the amount
of the advance payment repaid by the Applicant as specified in copies of interim
statements or payment certificates which shall be presented to us. This guarantee
shall expire and be returned to us, at the latest, upon our receipt of a copy of the
interim payment certificate indicating that ninety (90) percent of the Accepted Contract
Amount, less provisional sums, has been certified for payment, or on the [insert day]
day of [insert month], [insert year],2 whichever is earlier. Consequently, any demand
for payment under this guarantee must be received by us at this office on or before
that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No. 758, except that the supporting statement under Article
15(a) is hereby excluded.
____________________
[signature(s)]
[Note: All italicized text (including footnotes) is for use in preparing this form and shall
be deleted from the final product.]
2
Insert the expected expiration date of the Time for Completion.
Demand Guarantee
Guarantor: [insert name and address of place of issue, unless indicated in the
letterhead]
We have been informed that[insert name of Contractor, which in the case of a joint
venture shall be the name of the joint venture] (hereinafter called "the Applicant") has
entered into Contract No.[insert reference number of the contract]dated [insert date]
with the Beneficiary, for the execution of [insert name of contract and brief description
of Works] (hereinafter called "the Contract").
At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay
the Beneficiary any sum or sums not exceeding in total an amount of [insert amount
in figures]([insert amount in words])1 upon receipt by us of the Beneficiary’s complying
demand supported by the Beneficiary’s statement, whether in the demand itself or in
a separate signed document accompanying or identifying the demand, stating that the
1
The Guarantor shall insert an amount representing the amount of the second half of the Retention
Money or if the amount guaranteed under the Performance Guarantee when the Taking-Over Certificate is
issued is less than half of the Retention Money, the difference between half of the Retention Money and the
amount guaranteed under the Performance Security and denominated either in the currency(ies) of the second
half of the Retention Money as specified in the Contract, or in a freely convertible currency acceptable to the
Beneficiary.
Applicant is in breach of its obligation(s) under the Contract, without the Beneficiary
needing to prove or show grounds for its demand or the sum specified therein.
A demand under this guarantee may be presented as from the presentation to the
Guarantor of a certificate from the Beneficiary’s bank stating that the second half of
the Retention Money as referred to above has been credited to the Applicant on its
account number [insert account’s number] at[insert name and address of Applicant’s
bank].
This guarantee shall expire and be returned to us no later than the [insert day] day of
[insert month], [insert year]2, and any demand for payment under it must be received
by us at the office indicated above on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No. 758, except that the supporting statement under Article
15(a) is hereby excluded.
____________________
[signature(s)]
[Note: All italicized text (including footnotes) is for use in preparing this form and shall
be deleted from the final product.]
2
Insert the same expiry date as set forth in the Performance Security, representing the date twenty-
eight days after the completion date described in GC Clause 11.9.