CHENNAI METRO RAIL LIMITED CHENNAI METRO RAIL PROJECT PHASE I

Transcription

1 CHENNAI METRO RAIL LIMITED CHENNAI METRO RAIL PROJECT PHASE I CONTRACT BW-UG-02-TUNNELS DESIGN AND CONSTRUCTION OF BALANCE WORKS OF TUNNELS FROM SOUTH END OF MAY DAY PARK TO NORTH SHAFT OF AG- DMS ADDENDUM 1

2 Contract No.BW-UG-02-Tunnels Addendum 1 Sl.No Reference Available Para/Clause Amendment A All parts of Bid Documents A1. B Part 1 : B1. Clause Replace with the following: Award Criteria for Multiple Contracts (ITB 38.4) Bidders have the option to bid for any one or both packages. Bids will be evaluated package-wise, taking into account discounts offered, if any, for individual packages. Only one package contract (BW -UG-02- stations or BW-UG-02-Tunnels) Contract(s) will be awarded to the Bidder or Bidders offering the lowest evaluated cost to the Employer for combined packages, subject to the selected Bidder(s) meeting the required qualification criteria for the package. Bidders have the option to bid for any one or both packages. Bids will be evaluated package-wise, taking into account discounts offered, if any, for individual packages. For award of two packages to a single bidder when he is lowest for both contracts, he should meet EQC-Combined criteria in accordance with Clause 2 (ii) Qualification Criteria for Multiple Contracts. B2. Clause 2 (ii) Delete Replace with the following: Qualification Criteria for For the award of two packages, the Multiple Contracts Bidders should satisfy the s set out in the qualifying criteria enclosed herewith as EQC for award of multiple packages. B3. Clause 2.1 to Table for 2.1 to 2.4 Replace with New revised EQC Table EQC to 2.4 attached to this addendum. C. Part 1 Section IV: Bidding Form C1. Schedule of RBI-CPI- (labour) Replace with the following: Adjustment Data RBI-CPI- (Cement+Lime)- Cement Table A: Local RBI-CPI - for labour Currency RBI-CPI- (Steel Long)- Steel RBI-WPI-(Cement+Lime)- for Cement Column (C): Source of Index RBI-CPI- Mineral Oil (Fuel) RBI-WPI- (Steel Long)- for Steel RBI-WPI- Mineral Oil for Fuel D Part 1 Section I: Supplementary Instructions D1 LIST 1B INVENTORY OF PLANT AND MACHINERIES BW-UG-02- Tunnels, Pg. no. SIB-9 D2 LIST 2 INVENTORY Item 4 of the table: May day park Van AMBULANCEE TN 09 BR 5486 Item No. 1 to 12 of the table. Item no. 4 deleted. Delete Item no. 1 to 11 and modified table is read as: CMRL ADM

3 Contract No.BW-UG-02-Tunnels Addendum 1 Sl.No Reference Available Para/Clause Amendment OF PLANT Item no. 1 AND Cross Passage 11 - Jet Grouting Rig- MACHINERIES BW-UG-02- Klemm (Ascon ) Ascon (Equipment Reference) - ETA (Ownership) Tunnels E Part 1 Section II: Bid Data Sheet E1 F Part 3 Section VIII Particular Conditions Part A Contract Data F1. Time for Kindly Read As: Completion cl Time for Completion cl days days F % of the Accepted Contract Amount. Replace 2% with 1% F Shall be only in INR and the amount to be adjusted shall be excluding Taxes, duties, TN VAT Replace with the following: Shall be applicable to the currencies quoted by the contractor and the amount adjusted shall be excluding taxes, duties and TN VAT. F % of the accepted contract amount payable in the currencies Replace 5% with 10% G Part 3 Section VIII Particular Conditions Part B Specific Provisions G1. SP 12 Add the following sub-clause to the end of Sub-Clause 4.15 of Part B General Conditions Replace Part B with Section VII. G2. SP 21 sub-clause Any new tax which is imposed after the due date of submission of tender and Replace with the following: after the Base Date G3. SP 22 Price Variation Replace with Price Adjustment G4. SP SP Add the following new items: SP 27 G5. SP6 Clause 4.2 Performance Security The Performance Security shall be issued by public sectorundertaking bank (PSU) selected by the bidder. H Part 2 Employer s s H1 D-20, part 2, Employer s s, pg.no. D-23 Replace With: The Performance Security shall be issued by scheduled commercial bank based in india selected by the bidder. Add the following clause as: D21: Muck Disposal: a) Muck disposal sites will be provided to CMRL ADM

4 Contract No.BW-UG-02-Tunnels Addendum 1 Sl.No Reference Available Para/Clause Amendment the Contractor to dispose the muck from tunnel boring and also excavated spoil from the stations. All these sites will be approximately 40 km from Chennai Central Station. b) The Appointed Muck disposal site shall be intimated to the contractor after the award of the work. D22:Casting yard a) The segment rings can be collected free of cost from the casting yard at Muthukadu. b) The transportation from casting yard to site and the consumables like bolts, EPDM gaskets and Hydrophilic gaskets etc are to be arranged by the contractor on their own. c) However, CMRL reserves the right to ask the contractor to manufacture the Segment rings at Muthukadu casting yard at any point of time, when required. d) The casting yard facility can be utilised by the contractor. However, the required materials, operation and maintenance of the casting yard are to be taken care by the contractor on their own and the contractor shall be paid for each ring at the rate of Rs 1,73,599/-(Rupees one Lakh Seventy Three Thousand Five Hundred and Ninty Nine Only) for Type-I(1.5m) Segment Ring and Rs 1,67,680/- (Rupees one Lakh Sixty Seven Thousand Six Hundred and Eighty Only) for Type-I (1.4m) segment ring. The above rate is inclusive of production cost, transportation of segments within the yard for curing etc., Quality assurance tests, Quality control tests, maintaining of safety standard inside the yard area, Maintenance of yard and all other costs which is required for production of rings and other activities. The specifications for Quality assurance tests, Quality control tests, maintaining of safety standard inside the yard area etc. to be followed, should be CMRL ADM

5 Contract No.BW-UG-02-Tunnels Addendum 1 Sl.No Reference Available Para/Clause Amendment approved by the engineer. H2 Key Dates, Revised Key Dates are Attached. Appendix 2B I. Part 3 Section IX- Contract Forms I1 Performance Security The guarantor agrees to a one time extension.. The last line of the note to the Performance Security shall be deleted. I2 Advance Payment The guarantor agrees to a one time extension.. The revised proforma attached with this Addendum. The last line of the note to the Security Advance payment Security shall be deleted. I3 Retention money Security The guarantor agrees to a one time extension.. The last line of the note to the Retention Money Security shall be deleted. I4 Retention Money Security 5 th Para To be Deleted Encl: i. SP 27 : Refer G4 above. ii. Revised Key Dates- Appendix 2B-Part 2 of the Document- Refer H2 iii. Revised Liquidated Damages- Table: Summary of Liquidated Damages as per clause 8.7 of GC- Part -3 of the Document-Refer H3 iv. Revised EQC for stations refer B3 above. v. EQC for award of multiple packages (i.e. BW-UG-02-Stations & BW-UG-02- Tunnels)- Refer B1 & B2 vi. Modified forms of Bank Guarantee for (a) Advance Payment for Mobilization (b) Performance security, (c) Retention money security CMRL ADM

6 Contract No.BW-UG-02-Tunnels Addendum 1 SP 27: Refer Sl.No.G4 of Addendum 1 SP No. Section VII GC Sub- Clause No. SP Incentive for early completion The following Clause in these Part-B Specific Provisions supplements Section VII General Conditions, unless otherwise stated. Add the following sub-clause at the end of Clause 14.9 of General Conditions: (a) In case, the contractor achieves KD3 within 10 months, a 2% (two per cent) of the tendered value above the overall contract amount upto max. of Rs 5 Crore, shall be payable to the contractor. The amount of bonus, if payable, shall be paid along with final bill after completion of work. (b) in case, if the completion of work exceeds 10 months but within 11 months, a 1% ( one per cent) of the tendered value above the overall contract amount upto max. of Rs2.5 Crore, shall be payable to the contractor. The amount of bonus, if payable, shall be paid along with final bill after completion of work. (c) If the completion of works exceeds 11 months but within 12months, a 0.5% (one per cent) of the tendered value above the overall contract amount upto max. of Rs1.25 Crore, shall be payable to the contractor. The amount of bonus, if payable, shall be paid along with final bill after completion of work. CMRL ADM

7 Contract No.BW-UG-02-Tunnels Addendum 1 Revised Key Dates- Appendix 2B-Part 2 of the Document- Refer H2 above Key Date Description Days from Issue of LOA KD1 Commissioning of TBM's to commence tunnel driving 30 KD2 KD3 Achieve substantial completion of TBM driving, vacate the launching shaft in May Day Park and hand back the shaft to Interfacing Contractor UAA-01 Achieve substantial completion to level Degree 1 of all bored tunnels (including cross passages) and provide access to Trackwork and other Interfacing Contractors KD4 Achieve issuance of Taking Over Certificate 424 KD5 Achieve issuance of Performance Certificate Revised Liquidated Damages- Table: Summary of Liquidated Damages as per clause 8.7 of GC- Part -3 of the Document. Refer H3 above. Key Date KD1 KD2 KD3 KD4 KD5 LIQUIDATED DAMAGES TABLE - TUNNELS CONTRACT PACKAGE - BW-UG-02-TUNNELS Description Commissioning of TBM's to commence tunnel driving Achieve substantial completion of TBM driving, vacate the launching shaft in May Day Park and hand back the shaft to Interfacing Contractor UAA-01 Achieve substantial completion to level Degree 1 of all bored tunnels (including cross passages) and provide access to Trackwork and other Interfacing Contractors Achieve issuance of Taking Over Certificate Achieve issuance of Performance Certificate 0 to 28 days 29 to 56 days Amount in Rs. Per Day from 57 days 50, , ,000 55, , ,000 10,000 50, ,000 CMRL ADM

8 Contract No.BW-UG-02-Tunnels Revised EQC for stations refer B3 above. Eligibility and Qualification Criteria Compliance s Documentation No. Factor/Sub- Factor Single Entity Joint Venture (existing or intended) - Not Applicable All Parties Each One Submission s Combined 2.1 Eligibility Nationality Nationality in accordance with ITB 4.3. Must Meet Form ELI 1.1 and 1.2, with attachments Conflict of Interest No conflicts of interests as described in ITB 4.2. Letter of Bid JICA Ineligibility Not having been declared ineligible by JICA as described in ITB 4.4. Letter of Bid Form ACK CMRL EQC-R6 2016

9 Contract No.BW-UG-02-Tunnels Eligibility and Qualification Criteria Compliance s Documentation No. Factor/Sub- Factor Single Entity Joint Venture (existing or intended)- Not Applicable All Parties Combined Each One (Lead ) Submission s 2.2 Historical Contract Non-Performance History of nonperforming Contracts Nonperformance of a Contract (i) did not occur as a result of Contractor s default since 1 st January 2013 (ii) (ii) Form CON Pending Litigation All pending litigation shall in total not represent more than Fifty percent (50%)of the Bidder s net worth and shall be treated as resolved against the Bidder. (ii) (ii) Form CON Litigation History No consistent history of court/arbitral award decisions against the (iii) Bidder since 1 st January (ii) (ii) Form CON CMRL EQC-R7 2016

10 Contract No.BW-UG-02-Tunnels Eligibility and Qualification Criteria Compliance s Documentation No. Factor/Sub- Factor Single Entity Joint Venture (existing or intended)- Not Applicable All Parties Combined Each One (Lead ) Submission s 2.2 Historical Contract Non-Performance Notes for the Bidder (i)non-performance, as decided by the Employer, shall include all Contracts: (a) where non performance was not challenged by the Contractor, including through referral to the dispute resolution mechanism under the respective Contract, and (b) that were so challenged but fully settled against the Contractor. Non-performance shall not include Contracts where Employers decision was overruled by the dispute resolution mechanism.non-performance must be based on all information on fully settled disputes or litigation, i.e. dispute or litigation that has been resolved in accordance with the dispute resolution mechanism under the respective Contract and where all appeal instances available to the Applicant have been exhausted. (ii) This also applies to Contracts executed by the Bidder as a JV member. (iii) The Bidder shall provide accurate information on the related Bidding Form about any litigation or arbitration resulting from Contracts completed or ongoing under its execution over the last Five (5) years. A consistent history of awards against the Bidder or any member of a joint venture may result in rejection of the Bid. CMRL EQC-R8 2016

11 Contract No.BW-UG-02-Tunnels Eligibility and Qualification Criteria Compliance s Documentation No. Factor/ Sub-Factor Single Entity Joint Venture (existing or intended)- Not Applicable All PartiesCombined Each One (Lead ) Submission s 2.3 Financial Situation Financial Performance The audited balance sheets or, if not required by the law of the Bidder s country, other financial statements acceptable to the Employer, for the last five years (including 2015)shall be submitted and must demonstrate the current soundness of the Bidder s financial position and its prospective long term profitability. As the minimum, a Bidder s net worth calculated as the difference between total assets and total liabilities should be positive since Form FIN 1 with attachments Average Annual Turnover Minimum average annual turnover of INR 650 Crore/ Million 97.0 USD calculated as total certified payments received for Contracts in progress and/or completed, within the last Five years divided by Five years. 25 percentage of the 40 percentage of the Form FIN 2 CMRL EQC-R9 2016

12 Contract No.BW-UG-02-Tunnels Eligibility and Qualification Criteria Compliance s Documentation No. Factor/ Sub-Factor Single Entity Joint Venture (existing or intended)- Not Applicable All PartiesCombined Each One (Lead ) Submission s 2.3 Financial Situation Financial Resources (i) The Bidder shall demonstrate that it has access to, or has available, liquid assets, unencumbered real assets, lines of credit, and other financial means (independent of any contractual advance payment) sufficient to meet the cash flow s estimated as INR 110 Crores for four months for the subject Contract(s) net of the Bidder s other commitments. (ii) The Bidder shall also demonstrate, to the satisfaction of the Employer, that it has adequate sources of finance to meet the cash flow s on works currently in progress and for future contract commitments. 25 percentage of the 40 percentage of the Form FIR- 1 Form FIR 1 and Form FIR - 2 Note to Bidders: 1. For evaluation under Clause (i): Bankers reference to be provided by the Bidder For evaluation under Clause (ii): Auditor s Certificate has to be provided by the Bidder CMRL EQC-R

13 Contract No.BW-UG-02-Tunnels Eligibility and Qualification Criteria Compliance s Documentation No. Factor/ Sub-Factor Single Entity Joint Venture (existing or intended)- Not Applicable All PartiesCombin ed Each OneMem ber (Lead ) Submission s 2.4 Experience General Experience Experience under contracts in the role of prime contractor (single entity or JV member), for at least the last ten years starting 1 st January Form EXP (a) (b) Specific Experience Specific Experience A minimum number of (i) two similar contracts that have been completed as a prime contractor since 1 st January 2005 of which one contract must have been satisfactorily and substantially (ii) completed since 1 st January 2010 till the Bid submission deadline. For the above or other contracts satisfactorily and substantially (ii) completed and under implementation as prime contractor (single entity or JV member), between 1 st January 2010 and the Bid submission deadline, a minimum experience in the following key activities satisfactorily and substantially (ii) completed: i. Executed and completed at least one tunnel by Closed Face TBM of at least 2.5 km in total length (single tunnel length to be counted), and of finished internal diameter not less s s (iv) s NA Must meet requirem ent Must meet minimu m 50% of requirem ent Form EXP - 2(a) Form EXP-2(b) CMRL EQC-R

14 Contract No.BW-UG-02-Tunnels Eligibility and Qualification Criteria Compliance s Documentation No. Factor/ Sub-Factor Single Entity Joint Venture (existing or intended)- Not Applicable All PartiesCombin ed Each OneMem ber (Lead ) Submission s 2.4 Experience than 5 m, Notes for the Bidder (i) The similarity shall be based on the physical size, complexity, methods/technology and/or other characteristics described in Section VI, Employer s s. Summation of number of small value Contracts (less than the value specified under ) to meet the overall will not be accepted. Single similar works mean the construction of Metro Rail underground tunnel in an urban environment. (ii) Substantial completion shall be based on 80% or more works completed under the Contract. (iii) For contracts under which the Bidder participated as a JV member, only the Bidder s share, by value, shall be considered to meet this. (iv) In case of a JV, the value of Contracts completed by its members shall not be aggregated to determine whether the of the minimum value of a single Contract has been met. Instead, each Contract performed by each member shall satisfy the minimum value of a single Contract as required for single entity. In determining whether the JV meets the of total number of Contracts, only the number of Contracts completed by all members each of value equal or more than the minimum value required shall be aggregated. 2.5 Subcontractors/manufacturers Deleted. CMRL EQC-R

15 Contract No.BW-UG-02-Stations & BW-UG-02- Tunnels EQC for award of multiple packages (i.e. BW-UG-02-Stations & BW-UG-02- Tunnels) - Refer B1 & B2 Eligibility and Qualification Criteria (for both the packages combined i.e. BW-UG- 02-Stations & BW-UG-02-Tunnels combined) Compliance s Joint Venture (existing or intended) Documentation No. Factor/Sub- Factor Single Entity All Parties Each One Submission s Combined 2.1 Eligibility Nationality Nationality in accordance with ITB 4.3. Form ELI 1.1 and 1.2, with attachments Conflict of Interest No conflicts of interests as described in ITB 4.2. Letter of Bid JICA Ineligibility Not having been declared ineligible by JICA as described in ITB 4.4. Letter of Bid Form ACK CMRL EQC-A6 2016

16 Contract No.BW-UG-02-Stations & BW-UG-02- Tunnels Eligibility and Qualification Criteria (for both the combined packages i.e. BW-UG-02-Stations & BW-UG-02-Tunnels combined) Compliance s Documentation No. Factor/Su b-factor Single Entity Joint Venture (existing or intended) All Parties Combined Each One (Lead ) Submission s 2.2 Historical Contract Non-Performance History of nonperforming Contracts Nonperformance of a Contract (i) did not occur as a result of Contractor s default since 1 st January 2010 (ii) (ii) Form CON Pending Litigation All pending litigation shall in total not represent more than Fifty percent (50%) of the Bidder s net worth and shall be treated as resolved against the Bidder. (ii ) (ii ) Form CON CMRL EQC-A7 2016

17 Contract No.BW-UG-02-Stations & BW-UG-02- Tunnels Eligibility and Qualification Criteria (for both the combined packages i.e. BW-UG-02-Stations & BW-UG-02-Tunnels combined) Compliance s Documentation No. Factor/Su b-factor Single Entity Joint Venture (existing or intended) All Parties Combined Each One (Lead ) Submission s 2.2 Historical Contract Non-Performance Litigation History No consistent history of court/arbitral award decisions against the (iii) Bidder since 1 st January (ii ) (ii ) Form CON Notes for the Bidder (i)non-performance, as decided by the Employer, shall include all Contracts: (a) where non performance was not challenged by the Contractor, including through referral to the dispute resolution mechanism under the respective Contract, and (b) that were so challenged but fully settled against the Contractor. Non-performance shall not include Contracts where Employers decision was overruled by the dispute resolution mechanism. Non-performance must be based on all information on fully settled disputes or litigation, i.e. dispute or litigation that has been resolved in accordance with the dispute resolution mechanism under the respective Contract and where all appeal instances available to the Applicant have been exhausted. (ii) This also applies to Contracts executed by the Bidder as a JV member. (iii) The Bidder shall provide accurate information on the related Bidding Form about any litigation or arbitration resulting from Contracts completed or ongoing under its execution over the last Ten (10) years. A consistent history of awards against the Bidder or any member of a joint venture may result in rejection of the Bid. CMRL EQC-A8 2016

18 Contract No.BW-UG-02-Stations & BW-UG-02- Tunnels Eligibility and Qualification Criteria (for both the packages combined i.e. BW-UG-02-Stations & BW-UG-02- Tunnels combined)) Compliance s Documentation No. Factor/ Sub-Factor Single Entity Joint Venture (existing or intended) All PartiesCombined Each One (Lead ) Submission s 2.3 Financial Situation Financial Performance The audited balance sheets or, if not required by the law of the Bidder s country, other financial statements acceptable to the Employer, for the last five years (including 2015)shall be submitted and must demonstrate the current soundness of the Bidder s financial position and its prospective long term profitability. As the minimum, a Bidder s net worth calculated as the difference between total assets and total liabilities should be positive since Form FIN 1 with attachments Average Annual Turnover Minimum average annual turnover of INR 1050 Crore/ 157 Million USD calculated as total certified payments received for Contracts in progress and/or completed, within 25 percentage of the 40 percentage of the Form FIN 2 CMRL EQC-A9 2016

19 Contract No.BW-UG-02-Stations & BW-UG-02- Tunnels Eligibility and Qualification Criteria (for both the packages combined i.e. BW-UG-02-Stations & BW-UG-02- Tunnels combined)) Compliance s Documentation No. Factor/ Sub-Factor Single Entity Joint Venture (existing or intended) All PartiesCombined Each One (Lead ) Submission s 2.3 Financial Situation the last Five years divided by Five years Financial Resources Note to Bidders: (i) The Bidder shall demonstrate that it has access to, or has available, liquid assets, unencumbered real assets, lines of credit, and other financial means (independent of any contractual advance payment) sufficient to meet the cash flow s estimated as INR 176 Crores for four months 8 for the subject Contract(s) net of the Bidder s other commitments. (ii) The Bidder shall also demonstrate, to the satisfaction of the Employer, that it has adequate sources of finance to meet the cash flow s on works currently in progress and for future contract commitments. 25 percentage of the 40 percentage of the Form FIR- 1 CMRL EQC-A Form FIR 1 and Form FIR - 2

20 Contract No.BW-UG-02-Stations & BW-UG-02- Tunnels 1. For evaluation under Clause (i): Bankers reference to be provided by the Bidder For evaluation under Clause (ii): Auditor s Certificate has to be provided by the Bidder Eligibility and Qualification Criteria (for both the packages combined i.e. BW-UG-02- Stations & BW-UG-02-Tunnels combined)) Compliance s Documentation No. Factor/ Sub-Factor Single Entity Joint Venture (existing or intended) All Parties Combined Each OneMem ber (Lead ) Submission s 2.4 Experience General Experience (a) (b) Specific Experience Specific Experience Experience under contracts in the role of prime contractor (single entity or JV member), for at least the last ten years starting 1 st January A minimum number of four similar (i) contracts that have been completed as a prime contractor (single entity or JV member) (iii) since 1 st January 2005 of which two contracts must have been satisfactorily and substantially (ii) completed since 1 st January 2010 till 31 st December s (iv) Must meet require ment Must meet requirem ent Must meet requirem ent Form EXP-1 Form EXP - 2(a) For the above or other contracts completed and under implementation as prime contractor (single entity or JV member), between 1st January 2010 and 31 st December 2015, a minimum experience in the following key activities successfully completed: i. Executed and completed at least one tunnel by Closed Face TBM of at least 2.5 km in total length (single tunnel length to be counted) of underground metro tunnel. ii. Execution and completion of at least two underground stations all with the following features: -excavation depth to s s s s NA NA Must meet minimu m 50% of requirem ent Must meet minimum 50% of requireme nt Form EXP-2(b) Form EXP-2(b) CMRL EQC-A

21 Contract No.BW-UG-02-Stations & BW-UG-02- Tunnels Eligibility and Qualification Criteria (for both the packages combined i.e. BW-UG-02- Stations & BW-UG-02-Tunnels combined)) Compliance s Documentation No. Factor/ Sub-Factor Single Entity Joint Venture (existing or intended) All Parties Combined Each OneMem ber (Lead ) Submission s 2.4 Experience accommodate two or more levels (platform and concourse) below the ground surface. Notes for the Bidder (i) The similarity shall be based on the physical size, complexity, methods/technology and/or other characteristics described in Section VI, Employer s s. Summation of number of small value Contracts (less than the value specified under ) to meet the overall will not be accepted. Single similar works mean the construction of Metro Rail tunnel and/or underground station in an urban environment. (ii) Substantial completion shall be based on 80% or more works completed under the Contract. (iii) For contracts under which the Bidder participated as a JV member, only the Bidder s share, by value, shall be considered to meet this. (iv) In case of a JV, the value of Contracts completed by its members shall not be aggregated to determine whether the of the minimum value of a single Contract has been met. Instead, each Contract performed by each member shall satisfy the minimum value of a single Contract as required for single entity. In determining whether the JV meets the of total number of Contracts, only the number of Contracts completed by all members each of value equal or more than the minimum value required shall be aggregated. Contents to be certified by client/ Employer: 1. Project name 2. Name and address of client/ employer. 3. Brief description of works- No. of underground stations, length of metro rail tunnel, tunnel dia., methodology adopted for tunneling, local groundwater condition etc. 4. Contract agreement number and date. 5. Type of contract. 6. Name of the contractor (single entity or JV) 7. Starting date and Contract duration 8. Original date of completion In case of JV: 9. Percentage participation of JV 10. Apportionment of works between JV partners. Status up to date. 11. Value of project at award. CMRL EQC-A

22 Contract No.BW-UG-02-Stations & BW-UG-02- Tunnels 12. Percentage of works completed a) Each Underground stations b) Metro rail Tunnels c) Tunnel Dia. And methodology adopted for tunneling. 13. Value of work certified till date. CMRL EQC-A

23

24

25 Performance Security Option 1: (Demand Guarantee) [Insert Guarantor letterhead or SWIFT identifier code] Beneficiary: [Insert name and Address of the Employer] Date: [Insert date of issue] PERFORMANCE GUARANTEE No.: [Insert guarantee reference number] Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead] We have been informed that [insert name of Contractor, which in the case of a joint venture shall be the name of the joint venture] (hereinafter called "the Applicant") has entered into Contract No. [insert reference number of the contract] dated [insert date] with the Beneficiary, for the execution of [insert name of the contract and brief description of the Works] (hereinafter called "the Contract"). Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee is required. At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of [insert amount in figures] ([insert amount in words]), 1 such sum being payable in the types and proportions of currencies in which the Contract Price is payable, upon receipt by us of the Beneficiary s complying demand supported by the Beneficiary s statement, whether in the demand itself or in a separate signed document accompanying or identifying the demand, stating that the Applicant is in breach of its obligation(s) under the Contract, without the Beneficiary needing to prove or to show grounds for its demand or the sum specified therein. 1 The Guarantor shall insert an amount representing the percentage of the Accepted Contract Amount specified in the Letter of Acceptance, less provisional sums, if any, and denominated either in the currency(cies) of the Contract or a freely convertible currency acceptable to the Beneficiary.

26 This guarantee shall expire, no later than the [insert the day] day of [insert month], [insert year] 2, and any demand for payment under it must be received by us at this office indicated above on or before that date. This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No. 758, except that the supporting statement under Article 15(a) is hereby excluded. [signature(s)] [Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted from the final product.] 2 Insert the date twenty-eight days after the expected completion date as described in GC Clause The Employer should note that in the event of an extension of this date 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.

27 Retention Money Security Demand Guarantee [Insert Guarantor letterhead or SWIFT identifier code] Beneficiary: [Insert name and Address of Employer] Date: [Insert date of issue] RETENTION MONEY GUARANTEE No.: [Insert guarantee reference number] Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead] We have been informed that [insert name of Contractor, which in the case of a joint venture shall be the name of the joint venture] (hereinafter called "the Applicant") has entered into Contract No. [insert reference number of the contract] dated [insert date] with the Beneficiary, for the execution of [insert name of contract and brief description of Works] (hereinafter called "the Contract"). Furthermore, we understand that, according to the conditions of the Contract, the Beneficiary retains moneys up to the limit set forth in the Contract ( the Retention Money ), and that when the Taking-Over Certificate has been issued under the Contract and the first half of the Retention Money has been certified for payment, payment of [insert the second half of the Retention Money or if the amount guaranteed under the Performance Guarantee when the Taking-Over Certificate is issued is less than half of the Retention Money, the difference between half of the Retention Money and the amount guaranteed under the Performance Security] is to be made against a Retention Money guarantee. At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of [insert amount in figures] ([insert amount in words]) 1 upon receipt by us of the Beneficiary s complying demand 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.

28 supported by the Beneficiary s statement, whether in the demand itself or in a separate signed document accompanying or identifying the demand, stating that the Applicant is in breach of its obligation(s) under the Contract, without the Beneficiary needing to prove or show grounds for its demand or the sum specified therein. This guarantee shall expire 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 The Employer should note that in the event of an extension of this date 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.