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CHENNAI METRO RAIL LIMITED CHENNAI METRO RAIL PROJECT PHASE I ADDENDUM 1 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

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Page 1: CHENNAI METRO RAIL LIMITEDchennaimetrorail.org/.../2016/02/Addendum-No.1_Tunnels_02ndFeb.pdf · chennai metro rail limited chennai metro rail project phase i addendum – 1 contract

CHENNAI METRO RAIL LIMITED

CHENNAI METRO RAIL PROJECT PHASE I

ADDENDUM – 1

CONTRACT BW-UG-02-TUNNELS

DESIGN AND CONSTRUCTION OF BALANCEWORKS OF TUNNELS FROM SOUTH END OFMAY DAY PARK TO NORTH SHAFT OF AG-

DMS

Page 2: CHENNAI METRO RAIL LIMITEDchennaimetrorail.org/.../2016/02/Addendum-No.1_Tunnels_02ndFeb.pdf · chennai metro rail limited chennai metro rail project phase i addendum – 1 contract

Chennai Metro Rail Project – Phase IContract No.BW-UG-02-Tunnels

Addendum 1

CMRL ADM-1 2015

Sl.No Reference Available Para/Clause AmendmentA All parts of Bid DocumentsA1.B Part 1 Section III: Evaluation and Qualification Criteria – Initial FilterB1. Clause 1.2.3

Award Criteriafor MultipleContracts (ITB38.4)

Bidders have the option to bid for anyone or both packages. Bids will beevaluated package-wise, taking intoaccount discounts offered, if any, forindividual packages. Only onepackage contract (BW-UG-02-stations or BW-UG-02-Tunnels)Contract(s) will be awarded to theBidder or Bidders offering the lowestevaluated cost to the Employer forcombined packages, subject to theselected Bidder(s) meeting therequired qualification criteria for thepackage.

Replace with the following:

Bidders have the option to bid for any oneor both packages. Bids will be evaluatedpackage-wise, taking into accountdiscounts offered, if any, for individualpackages.For award of two packages to a singlebidder when he is lowest for both contracts,he should meet EQC-Combined criteria inaccordance with Clause 2 (ii) –Qualification Criteria for MultipleContracts.

B2. Clause 2 (ii)QualificationCriteria forMultipleContracts

Delete Replace with the following:

For the award of two packages, theBidders should satisfy the requirementsset out in the qualifying criteria enclosedherewith as EQC for award of multiplepackages.

B3. Clause 2.1 to2.4. EQC

Table for 2.1 to 2.4 Replace with New revised EQC Table 2.1to 2.4 attached to this addendum.

C. Part 1 Section IV: Bidding FormC1. Schedule of

Adjustment DataTable A: LocalCurrencyColumn (C):Source of Index

RBI-CPI- (labour)

RBI-CPI- (Cement+Lime)- CementRBI-CPI- (Steel Long)- SteelRBI-CPI- Mineral Oil (Fuel)

Replace with the following:

RBI-CPI - for labourRBI-WPI-(Cement+Lime)- for CementRBI-WPI- (Steel Long)- for SteelRBI-WPI- Mineral Oil –for Fuel

D Part 1 Section I: Supplementary InstructionsD1 LIST 1B

INVENTORYOF PLANTANDMACHINERIESBW-UG-02-Tunnels, Pg. no.SIB-9

Item 4 of the table: May day parkVan AMBULANCEE TN 09 BR 5486

Item no. 4 deleted.

D2 LIST 2INVENTORY

Item No. 1 to 12 of the table. Delete Item no. 1 to 11 and modified tableis read as:

Page 3: CHENNAI METRO RAIL LIMITEDchennaimetrorail.org/.../2016/02/Addendum-No.1_Tunnels_02ndFeb.pdf · chennai metro rail limited chennai metro rail project phase i addendum – 1 contract

Chennai Metro Rail Project – Phase IContract No.BW-UG-02-Tunnels

Addendum 1

CMRL ADM-2 2015

Sl.No Reference Available Para/Clause AmendmentOF PLANTANDMACHINERIESBW-UG-02-Tunnels

Item no. 1Cross Passage 11 - Jet Grouting Rig-

Klemm (Ascon ) Ascon (EquipmentReference) - ETA (Ownership)

E Part 1 Section II: Bid Data SheetE1

F Part 3 – Section VIII Particular Conditions Part A – Contract DataF1. Time for

Completioncl.1.1.3.3 280days

Kindly Read As:

Time for Completion cl.1.1.3.3 310 days

F2. 14.6 2% of the Accepted Contract Amount. Replace 2% with 1%F3 13.8 Shall be only in INR and the amount

to be adjusted shall be excludingTaxes, duties, TN VAT

Replace with the following:

Shall be applicable to the currenciesquoted by the contractor and the amountadjusted shall be excluding taxes, dutiesand TN VAT.

F4 14.2 5% of the accepted contract amountpayable in the currencies…

Replace 5% with 10%

G Part 3 –Section VIII Particular Conditions – Part B – Specific ProvisionsG1. SP 12 Add the following sub-clause to the

end of Sub-Clause 4.15 of Part BGeneral Conditions

Replace “Part B” with “Section VII”.

G2. SP 21 sub-clause13.7.2.2 1.

Any new tax which is imposed “afterthe 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 shallbe issued by public sectorundertakingbank (PSU) selected by the bidder….”

Replace With:“……The Performance Security shall beissued by scheduled commercial bankbased in india selected by the bidder….”

H Part 2 Employer’s RequirementsH1 D-20, part 2,

Employer’sRequirements,pg.no. D-23

Add the following clause as:

D21: Muck Disposal:a) Muck disposal sites will be provided to

Page 4: CHENNAI METRO RAIL LIMITEDchennaimetrorail.org/.../2016/02/Addendum-No.1_Tunnels_02ndFeb.pdf · chennai metro rail limited chennai metro rail project phase i addendum – 1 contract

Chennai Metro Rail Project – Phase IContract No.BW-UG-02-Tunnels

Addendum 1

CMRL ADM-3 2015

Sl.No Reference Available Para/Clause Amendmentthe Contractor to dispose the muck fromtunnel boring and also excavated spoilfrom the stations. All these sites will beapproximately 40 km from Chennai CentralStation.

b) The Appointed Muck disposal site shallbe intimated to the contractor after theaward of the work.D22:Casting yard

a) The segment rings can be collected freeof cost from the casting yard atMuthukadu.b) The transportation from casting yard tosite and the consumables like bolts, EPDMgaskets and Hydrophilic gaskets etc are tobe arranged by the contractor on their own.c) However, CMRL reserves the right toask the contractor to manufacture theSegment rings at Muthukadu casting yardat any point of time, when required.d) The casting yard facility can be utilisedby the contractor. However, the requiredmaterials, operation and maintenance of thecasting yard are to be taken care by thecontractor on their own and the contractorshall be paid for each ring at the rate of Rs1,73,599/-(Rupees one Lakh Seventy ThreeThousand Five Hundred and Ninty NineOnly) for Type-I(1.5m) Segment Ring andRs 1,67,680/- (Rupees one Lakh SixtySeven Thousand Six Hundred and EightyOnly) for Type-I (1.4m) segment ring. Theabove rate is inclusive of production cost,transportation of segments within the yardfor curing etc., Quality assurance tests,Quality control tests, maintaining of safetystandard inside the yard area, Maintenanceof yard and all other costs which isrequired for production of rings and otheractivities. The specifications for Qualityassurance tests, Quality control tests,maintaining of safety standard inside theyard area etc. to be followed, should be

Page 5: CHENNAI METRO RAIL LIMITEDchennaimetrorail.org/.../2016/02/Addendum-No.1_Tunnels_02ndFeb.pdf · chennai metro rail limited chennai metro rail project phase i addendum – 1 contract

Chennai Metro Rail Project – Phase IContract No.BW-UG-02-Tunnels

Addendum 1

CMRL ADM-4 2015

Sl.No Reference Available Para/Clause Amendmentapproved by the engineer.

H2 Key Dates,Appendix 2B

Revised Key Dates are Attached.

I. Part 3 –Section IX- Contract FormsI1 Performance

SecurityThe guarantor agrees to a one timeextension…..

The last line of the note to the PerformanceSecurity shall be deleted.

I2 AdvancePaymentSecurity

The guarantor agrees to a one timeextension…..

The revised proforma attached with thisAddendum. The last line of the note to theAdvance payment Security shall bedeleted.

I3 Retentionmoney Security

The guarantor agrees to a one timeextension…..

The last line of the note to the RetentionMoney Security shall be deleted.

I4 RetentionMoney Security

5th Para To be Deleted

Encl:

i. SP 27 : Refer G4 above.ii. Revised Key Dates- Appendix 2B-Part 2 of the Document- Refer H2iii. Revised Liquidated Damages- Table: Summary of Liquidated Damages as per clause 8.7 of GC- Part -3 of

the Document-Refer H3iv. 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 & B2vi. Modified forms of Bank Guarantee for (a) Advance Payment for Mobilization (b) Performance security,

(c) Retention money security

Page 6: CHENNAI METRO RAIL LIMITEDchennaimetrorail.org/.../2016/02/Addendum-No.1_Tunnels_02ndFeb.pdf · chennai metro rail limited chennai metro rail project phase i addendum – 1 contract

Chennai Metro Rail Project – Phase IContract No.BW-UG-02-Tunnels

Addendum 1

CMRL ADM-5 2015

SP 27: Refer Sl.No.G4 of Addendum 1

SP No. Section VII –GC Sub-Clause No.

The following Clause in these Part-B Specific Provisions supplements SectionVII General Conditions, unless otherwise stated.

SP 27 8.13Incentive forearlycompletion

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 bonus @ 2% (twoper cent) of the tendered value above the overall contract amount upto max. of Rs5 Crore, shall be payable to the contractor. The amount of bonus, if payable, shallbe paid along with final bill after completion of work.

(b) in case, if the completion of work exceeds 10 months but within 11 months , abonus @ 1% (one per cent) of the tendered value above the overall contractamount upto max. of Rs2.5 Crore, shall be payable to the contractor. The amountof 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 bonus @0.5% (one per cent) of the tendered value above the overall contract amount uptomax. of Rs1.25 Crore, shall be payable to the contractor. The amount of bonus, ifpayable, shall be paid along with final bill after completion of work.

Page 7: CHENNAI METRO RAIL LIMITEDchennaimetrorail.org/.../2016/02/Addendum-No.1_Tunnels_02ndFeb.pdf · chennai metro rail limited chennai metro rail project phase i addendum – 1 contract

Chennai Metro Rail Project – Phase IContract No.BW-UG-02-Tunnels

Addendum 1

CMRL ADM-6 2015

Revised Key Dates- Appendix 2B-Part 2 of the Document- Refer H2 above

KeyDate Description

Days fromIssue of

LOA

KD1 Commissioning of TBM's to commence tunnel driving 30

KD2 Achieve substantial completion of TBM driving, vacate the launching shaft in May DayPark and hand back the shaft to Interfacing Contractor UAA-01

333

KD3 Achieve substantial completion to level Degree 1 of all bored tunnels (including crosspassages) and provide access to Trackwork and other Interfacing Contractors

364

KD4 Achieve issuance of Taking Over Certificate 424

KD5 Achieve issuance of Performance Certificate 1154

Revised Liquidated Damages- Table: Summary of Liquidated Damages as per clause 8.7 of GC- Part -3 of theDocument. Refer H3 above.

LIQUIDATED DAMAGES TABLE - TUNNELSCONTRACT PACKAGE - BW-UG-02-TUNNELS

Amountin Rs.Per Day

KeyDate Description

0 to 28days

29 to56 days

from57 days

KD1 Commissioning of TBM's to commence tunnel driving

KD2 Achieve substantial completion of TBM driving, vacate the launchingshaft in May Day Park and hand back the shaft to Interfacing ContractorUAA-01

KD3 Achieve substantial completion to level Degree 1 of all bored tunnels(including cross passages) and provide access to Trackwork and otherInterfacing Contractors

50,000 250,000 500,000

KD4 Achieve issuance of Taking Over Certificate55,000 275,000 550,000

KD5 Achieve issuance of Performance Certificate10,000 50,000 100,000

Page 8: CHENNAI METRO RAIL LIMITEDchennaimetrorail.org/.../2016/02/Addendum-No.1_Tunnels_02ndFeb.pdf · chennai metro rail limited chennai metro rail project phase i addendum – 1 contract

Chennai Metro Rail Project – Phase IContract No.BW-UG-02-Tunnels

Section IIIEvaluation and Qualification Criteria

Initial Filter

CMRL EQC-R6 2016

Revised EQC for stations refer B3 above.

Eligibility and Qualification Criteria Compliance Requirements Documentation

No. Factor/Sub-Factor

Requirement SingleEntity

Joint Venture (existing or intended) -Not Applicable

SubmissionRequirementsAll

Parties

Combined

EachMember

OneMember

2.1 Eligibility

2.1.1 Nationality Nationality inaccordance withITB 4.3.

Must meetrequirement

N/AMust Meet

RequirementN/A

Form ELI –1.1and 1.2, withattachments

2.1.2 Conflict ofInterest

No conflicts ofinterests asdescribed in ITB4.2.

Must meetrequirement

N/AMust meet

requirementMust meet

requirementLetter of Bid

2.1.3 JICAIneligibility

Not having beendeclaredineligible byJICA asdescribed in ITB4.4.

Must meetrequirement

N/AMust meet

requirementMust meet

requirementLetter of BidForm ACK

Page 9: CHENNAI METRO RAIL LIMITEDchennaimetrorail.org/.../2016/02/Addendum-No.1_Tunnels_02ndFeb.pdf · chennai metro rail limited chennai metro rail project phase i addendum – 1 contract

Chennai Metro Rail Project – Phase IContract No.BW-UG-02-Tunnels

Section IIIEvaluation and Qualification Criteria

Initial Filter

CMRL EQC-R7 2016

Eligibility and QualificationCriteria Compliance Requirements Documentation

No. Factor/Sub-Factor Requirement Single Entity

Joint Venture (existing or intended)- NotApplicable

SubmissionRequirementsAll Parties

CombinedEach

Member

OneMember

(LeadMember)

2.2 Historical Contract Non-Performance

2.2.1 History ofnon-performingContracts

Non-performanceof aContract(i) didnot occur as aresult ofContractor’sdefault since1st January2013

Must meetrequirement(ii)

Must meetrequirement

Must meetrequirement(ii)

Must meetrequirement

Form CON

2.2.2 PendingLitigation

All pendinglitigationshall in totalnot representmore thanFifty percent(50%)of theBidder’s networth andshall betreated asresolvedagainst theBidder.

Must meetrequirement(ii)

Must meetrequirement

Must meetrequirement(ii)

Must meetrequirement

Form CON

2.2.3 LitigationHistory

No consistenthistory ofcourt/arbitralawarddecisionsagainst theBidder (iii)

since 1st

January20064

Must meetrequirement(ii) N/A

Must meetrequirement(ii) N/A Form CON

Page 10: CHENNAI METRO RAIL LIMITEDchennaimetrorail.org/.../2016/02/Addendum-No.1_Tunnels_02ndFeb.pdf · chennai metro rail limited chennai metro rail project phase i addendum – 1 contract

Chennai Metro Rail Project – Phase IContract No.BW-UG-02-Tunnels

Section IIIEvaluation and Qualification Criteria

Initial Filter

CMRL EQC-R8 2016

Eligibility and QualificationCriteria Compliance Requirements Documentation

No. Factor/Sub-Factor Requirement Single Entity

Joint Venture (existing or intended)- NotApplicable

SubmissionRequirementsAll Parties

CombinedEach

Member

OneMember

(LeadMember)

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 resolutionmechanism 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 resolutionmechanism.Non-performance must be based on all information on fully settled disputes or litigation, i.e. dispute orlitigation that has been resolved in accordance with the dispute resolution mechanism under the respective Contractand where all appeal instances available to the Applicant have been exhausted.

(ii) This requirement 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 arbitrationresulting from Contracts completed or ongoing under its execution over the last Five (5) years. A consistent historyof awards against the Bidder or any member of a joint venture may result in rejection of the Bid.

Page 11: CHENNAI METRO RAIL LIMITEDchennaimetrorail.org/.../2016/02/Addendum-No.1_Tunnels_02ndFeb.pdf · chennai metro rail limited chennai metro rail project phase i addendum – 1 contract

Chennai Metro Rail Project – Phase IContract No.BW-UG-02-Tunnels

Section IIIEvaluation and Qualification Criteria

Initial Filter

CMRL EQC-R9 2016

Eligibility and Qualification Criteria Compliance Requirements Documentation

No.Factor/

Sub-FactorRequirement Single

Entity

Joint Venture (existing or intended)-Not Applicable Submission

RequirementsAll

PartiesCombinedEach

Member

OneMember

(LeadMember)

2.3 Financial Situation2.3.1 Financial

PerformanceThe audited balancesheets or, if notrequired by the lawof the Bidder’scountry, otherfinancial statementsacceptable to theEmployer, for thelast five years(including 2015)shallbe submitted andmust demonstrate thecurrent soundness ofthe Bidder’sfinancial positionand its prospectivelong termprofitability .As the minimumrequirement, aBidder’s net worthcalculated as thedifference betweentotal assets and totalliabilities should bepositive since 2010.

Must meetrequirement

N/AMust meet

requirementN/A

Form FIN – 1 withattachments

2.3.2 AverageAnnualTurnover

Minimum averageannual turnover ofINR 650 Crore/Million 97.0 USDcalculated as totalcertified paymentsreceived forContracts in progressand/or completed,within the last Fiveyears divided by Fiveyears.

Must meetrequirement

Must meetrequirement

Must meet25

percentageof the

requirement

Must meet40

percentageof the

requirement

Form FIN –2

Page 12: CHENNAI METRO RAIL LIMITEDchennaimetrorail.org/.../2016/02/Addendum-No.1_Tunnels_02ndFeb.pdf · chennai metro rail limited chennai metro rail project phase i addendum – 1 contract

Chennai Metro Rail Project – Phase IContract No.BW-UG-02-Tunnels

Section IIIEvaluation and Qualification Criteria

Initial Filter

CMRL EQC-R10 2016

Eligibility and Qualification Criteria Compliance Requirements Documentation

No.Factor/

Sub-FactorRequirement Single

Entity

Joint Venture (existing or intended)-Not Applicable Submission

RequirementsAll

PartiesCombinedEach

Member

OneMember

(LeadMember)

2.3 Financial Situation2.3.3 Financial

Resources(i) The Bidder shalldemonstrate that ithas access to, or hasavailable, liquidassets,unencumbered realassets, lines of credit,and other financialmeans (independentof any contractualadvance payment)sufficient to meet thecash flowrequirementsestimated as INR 110Crores for fourmonths for thesubject Contract(s)net of the Bidder’sother commitments.

Must meetrequirement

Must meetrequirement

Must meet25

percentageof the

requirement

Must meet40

percentageof the

requirement

Form FIR- 1

(ii) The Bidder shallalso demonstrate, tothe satisfaction of theEmployer, that it hasadequate sources offinance to meet thecash flowrequirements onworks currently inprogress and forfuture contractcommitments.

Must meetrequirement

Must meetrequirement

Must meetrequirement

Must meetrequirement

Form FIR– 1 andForm FIR - 2

Note to Bidders:1. For evaluation under Clause 2.3.3 (i): Bankers’ reference to be provided by the Bidder For evaluation under Clause 2.3.3

(ii): Auditor’s Certificate has to be provided by the Bidder

Page 13: CHENNAI METRO RAIL LIMITEDchennaimetrorail.org/.../2016/02/Addendum-No.1_Tunnels_02ndFeb.pdf · chennai metro rail limited chennai metro rail project phase i addendum – 1 contract

Chennai Metro Rail Project – Phase IContract No.BW-UG-02-Tunnels

Section IIIEvaluation and Qualification Criteria

Initial Filter

CMRL EQC-R11 2016

Eligibility and Qualification Criteria Compliance Requirements Documentation

No.Factor/

Sub-FactorRequirement Single Entity

Joint Venture (existing or intended)-Not Applicable Submission

RequirementsAll

PartiesCombined

EachMember

OneMember (LeadMember)

2.4 Experience

2.4.1 GeneralExperience

Experience undercontracts in the role ofprime contractor (singleentity or JV member), forat least the last ten yearsstarting 1st January 2005.

Must meetrequirement

N/A N/A N/A Form EXP-1

2.4.2(a)

SpecificExperience

A minimum number oftwo similar (i) contractsthat have been completedas a prime contractorsince 1st January 2005 ofwhich one contract musthave been satisfactorilyandsubstantially(ii)completedsince 1st January 2010 tillthe Bid submissiondeadline.

Must meetrequirement

Must meetrequirements(iv) N/A

Mustmeet

requirement

Form EXP -2(a)

2.4.2(b)

SpecificExperience

For the above or othercontracts satisfactorily andsubstantially(ii) completedand under implementation asprime contractor (singleentity or JV member),between 1st January 2010and the Bid submissiondeadline, a minimumexperience in the followingkey activities satisfactorilyand substantially(ii)

completed:i.Executed and completed at

least one tunnel by ClosedFace TBM of at least 2.5km in total length (singletunnel length to becounted), and of finishedinternal diameter not less

Must meetrequirements

Must meetrequirements NA

Mustmeet

minimum 50%

ofrequirem

ent

Form EXP-2(b)

Page 14: CHENNAI METRO RAIL LIMITEDchennaimetrorail.org/.../2016/02/Addendum-No.1_Tunnels_02ndFeb.pdf · chennai metro rail limited chennai metro rail project phase i addendum – 1 contract

Chennai Metro Rail Project – Phase IContract No.BW-UG-02-Tunnels

Section IIIEvaluation and Qualification Criteria

Initial Filter

CMRL EQC-R12 2016

Eligibility and Qualification Criteria Compliance Requirements Documentation

No.Factor/

Sub-FactorRequirement Single Entity

Joint Venture (existing or intended)-Not Applicable Submission

RequirementsAll

PartiesCombined

EachMember

OneMember (LeadMember)

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 describedin Section VI, Employer’s Requirements. Summation of number of small value Contracts (less than the value specifiedunder requirement) to meet the overall requirement will not be accepted. Single similar works mean the construction ofMetro 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 beconsidered to meet this requirement.(iv) In case of a JV, the value of Contracts completed by its members shall not be aggregated to determine whether the

requirement of the minimum value of a single Contract has been met. Instead, each Contract performed by each membershall satisfy the minimum value of a single Contract as required for single entity. In determining whether the JV meetsthe requirement of total number of Contracts, only the number of Contracts completed by all members each of valueequal or more than the minimum value required shall be aggregated.

2.5 Subcontractors/manufacturers

Deleted.

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Chennai Metro Rail Project – Phase IContract No.BW-UG-02-Stations & BW-UG-02-Tunnels

Section IIIEvaluation and Qualification Criteria

Initial Filter

CMRL EQC-A6 2016

EQC for award of multiple packages (i.e. BW-UG-02-Stations & BW-UG-02- Tunnels) - Refer B1 & B2

Eligibility and Qualification Criteria (forboth the packages combined i.e. BW-UG-

02-Stations & BW-UG-02-Tunnelscombined)

Compliance Requirements Documentation

No. Factor/Sub-Factor

Requirement SingleEntity

Joint Venture (existing or intended)

SubmissionRequirements

AllParties

Combined

EachMember

OneMember

2.1 Eligibility

2.1.1 Nationality Nationality inaccordance withITB 4.3.

Must meetrequirement

N/AMust meet

requirementN/A

Form ELI –1.1and 1.2, withattachments

2.1.2 Conflict ofInterest

No conflicts ofinterests asdescribed in ITB4.2.

Must meetrequirement

N/AMust meet

requirementN/A Letter of Bid

2.1.3 JICAIneligibility

Not having beendeclared ineligibleby JICA asdescribed in ITB4.4.

Must meetrequirement

N/AMust meet

requirementN/A

Letter of BidForm ACK

Page 16: CHENNAI METRO RAIL LIMITEDchennaimetrorail.org/.../2016/02/Addendum-No.1_Tunnels_02ndFeb.pdf · chennai metro rail limited chennai metro rail project phase i addendum – 1 contract

Chennai Metro Rail Project – Phase IContract No.BW-UG-02-Stations & BW-UG-02-Tunnels

Section IIIEvaluation and Qualification Criteria

Initial Filter

CMRL EQC-A7 2016

Eligibility and QualificationCriteria (for both the combined

packages i.e. BW-UG-02-Stations& BW-UG-02-Tunnels combined)

Compliance Requirements Documentation

No. Factor/Sub-Factor Requirement Single Entity

Joint Venture (existing or intended)

SubmissionRequirementsAll Parties

CombinedEach

Member

OneMember

(LeadMember)

2.2 Historical Contract Non-Performance

2.2.1

History ofnon-performingContracts

Non-performanceof aContract(i)

did not occuras a result ofContractor’sdefault since1st January2010

Must meetrequirement(ii)

Must meetrequirement

Must meetrequirement(ii)

Must meetrequirement

Form CON

2.2.2

PendingLitigation

All pendinglitigationshall in totalnot representmore thanFifty percent(50%) of theBidder’s networth andshall betreated asresolvedagainst theBidder.

Must meetrequirement(ii

)

Must meetrequirement

Must meetrequirement(ii

)

Must meetrequirement

Form CON

Page 17: CHENNAI METRO RAIL LIMITEDchennaimetrorail.org/.../2016/02/Addendum-No.1_Tunnels_02ndFeb.pdf · chennai metro rail limited chennai metro rail project phase i addendum – 1 contract

Chennai Metro Rail Project – Phase IContract No.BW-UG-02-Stations & BW-UG-02-Tunnels

Section IIIEvaluation and Qualification Criteria

Initial Filter

CMRL EQC-A8 2016

Eligibility and QualificationCriteria (for both the combined

packages i.e. BW-UG-02-Stations& BW-UG-02-Tunnels combined)

Compliance Requirements Documentation

No. Factor/Sub-Factor Requirement Single Entity

Joint Venture (existing or intended)

SubmissionRequirementsAll Parties

CombinedEach

Member

OneMember

(LeadMember)

2.2 Historical Contract Non-Performance

2.2.3

LitigationHistory

No consistenthistory ofcourt/arbitralawarddecisionsagainst theBidder (iii)

since 1st

January 20054

Must meetrequirement(ii

)N/A

Must meetrequirement(ii

)N/A 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 resolutionmechanism 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 resolutionmechanism. Non-performance must be based on all information on fully settled disputes or litigation, i.e. dispute orlitigation that has been resolved in accordance with the dispute resolution mechanism under the respective Contract andwhere all appeal instances available to the Applicant have been exhausted.

(ii) This requirement 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 resultingfrom Contracts completed or ongoing under its execution over the last Ten (10) years. A consistent history of awardsagainst the Bidder or any member of a joint venture may result in rejection of the Bid.

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Chennai Metro Rail Project – Phase IContract No.BW-UG-02-Stations & BW-UG-02-Tunnels

Section IIIEvaluation and Qualification Criteria

Initial Filter

CMRL EQC-A9 2016

Eligibility and Qualification Criteria(for both the packages combined i.e.BW-UG-02-Stations & BW-UG-02-

Tunnels combined))

Compliance Requirements Documentation

No.Factor/

Sub-FactorRequirement Single

Entity

Joint Venture (existing or intended)Submission

RequirementsAllPartiesCombined

EachMember

OneMember

(LeadMember)

2.3 Financial Situation2.3.1 Financial

PerformanceThe audited balancesheets or, if notrequired by the lawof the Bidder’scountry, otherfinancial statementsacceptable to theEmployer, for thelast five years(including2015)shall besubmitted and mustdemonstrate thecurrent soundness ofthe Bidder’sfinancial positionand its prospectivelong termprofitability .As the minimumrequirement, aBidder’s net worthcalculated as thedifference betweentotal assets and totalliabilities should bepositive since 2012.

Must meetrequirement

N/AMust meet

requirementN/A

Form FIN – 1 withattachments

2.3.2 AverageAnnualTurnover

Minimum averageannual turnover ofINR 1050 Crore/157 Million USDcalculated as totalcertified paymentsreceived forContracts inprogress and/orcompleted, within

Must meetrequirement

Must meetrequirement

Must meet25

percentageof the

requirement

Must meet40

percentageof the

requirement

Form FIN –2

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Chennai Metro Rail Project – Phase IContract No.BW-UG-02-Stations & BW-UG-02-Tunnels

Section IIIEvaluation and Qualification Criteria

Initial Filter

CMRL EQC-A10 2016

Eligibility and Qualification Criteria(for both the packages combined i.e.BW-UG-02-Stations & BW-UG-02-

Tunnels combined))

Compliance Requirements Documentation

No.Factor/

Sub-FactorRequirement Single

Entity

Joint Venture (existing or intended)Submission

RequirementsAllPartiesCombined

EachMember

OneMember

(LeadMember)

2.3 Financial Situationthe last Five yearsdivided by Fiveyears.

2.3.3 FinancialResources

(i) The Bidder shalldemonstrate that ithas access to, or hasavailable, liquidassets,unencumbered realassets, lines ofcredit, and otherfinancial means(independent of anycontractual advancepayment) sufficientto meet the cashflow requirementsestimated as INR176 Crores for fourmonths8for thesubject Contract(s)net of the Bidder’sother commitments.

Must meetrequirement

Must meetrequirement

Must meet25

percentageof the

requirement

Must meet40

percentageof the

requirement

Form FIR- 1

(ii) The Bidder shallalso demonstrate, tothe satisfaction ofthe Employer, that ithas adequatesources of finance tomeet the cash flowrequirements onworks currently inprogress and forfuture contractcommitments.

Must meetrequirement

Must meetrequirement

N/A N/AForm FIR– 1 and

Form FIR - 2

Note to Bidders:

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Chennai Metro Rail Project – Phase IContract No.BW-UG-02-Stations & BW-UG-02-Tunnels

Section IIIEvaluation and Qualification Criteria

Initial Filter

CMRL EQC-A11 2016

1. For evaluation under Clause 2.3.3 (i): Bankers’ reference to be provided by the Bidder For evaluation under Clause 2.3.3(ii): Auditor’s Certificate has to be provided by the Bidder

Eligibility and Qualification Criteria (forboth the packages combined i.e. BW-UG-02-Stations & BW-UG-02-Tunnels combined))

Compliance Requirements Documentation

No.Factor/

Sub-FactorRequirement Single Entity

Joint Venture (existing or intended)Submission

RequirementsAll PartiesCombined

EachMember

OneMember (LeadMember)

2.4 Experience

2.4.1 GeneralExperience

Experience undercontracts in the role ofprime contractor (singleentity or JV member), forat least the last ten yearsstarting 1st January 2005.

Must meetrequirement

N/A

Mustmeet

requirement

Mustmeet

requirement

Form EXP-1

2.4.2(a)

SpecificExperience

A minimum number offour similar(i) contractsthat have been completedas a prime contractor(single entity or JVmember)(iii)since 1st

January 2005 of whichtwo contracts must havebeen satisfactorily andsubstantially(ii)completedsince 1st January 2010 till31st December 2015.

Must meetrequirement

Must meetrequirements(iv) N/A

Mustmeet

requirement

Form EXP -2(a)

2.4.2(b)

SpecificExperience

For the above or other contracts completed and under implementation as prime contractor (single entity or JVmember), between 1st January 2010 and 31st December 2015, a minimum experience in the following keyactivities successfully completed:i. Executed and completed at

least one tunnel by ClosedFace TBM of at least 2.5km in total length (singletunnel length to becounted) of undergroundmetro tunnel.

Must meetrequirements

Must meetrequirements NA

Mustmeet

minimum 50%

ofrequirem

ent

Form EXP-2(b)

ii. EExecution and completionof at least twounderground stations allwith the followingfeatures:-excavation depth to

Must meetrequirements

Must meetrequirements NA

Mustmeet

minimum50% of

requirement

Form EXP-2(b)

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Chennai Metro Rail Project – Phase IContract No.BW-UG-02-Stations & BW-UG-02-Tunnels

Section IIIEvaluation and Qualification Criteria

Initial Filter

CMRL EQC-A12 2016

Eligibility and Qualification Criteria (forboth the packages combined i.e. BW-UG-02-Stations & BW-UG-02-Tunnels combined))

Compliance Requirements Documentation

No.Factor/

Sub-FactorRequirement Single Entity

Joint Venture (existing or intended)Submission

RequirementsAll PartiesCombined

EachMember

OneMember (LeadMember)

2.4 Experience

accommodate two or morelevels (platform andconcourse) below theground surface.

Notes for the Bidder

(i) The similarity shall be based on the physical size, complexity, methods/technology and/or other characteristics describedin Section VI, Employer’s Requirements. Summation of number of small value Contracts (less than the value specifiedunder requirement) to meet the overall requirement will not be accepted. Single similar works mean the construction ofMetro 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 beconsidered to meet this requirement.(iv) In case of a JV, the value of Contracts completed by its members shall not be aggregated to determine whether the

requirement of the minimum value of a single Contract has been met. Instead, each Contract performed by each membershall satisfy the minimum value of a single Contract as required for single entity. In determining whether the JV meetsthe requirement of total number of Contracts, only the number of Contracts completed by all members each of valueequal or more than the minimum value required shall be aggregated.

Contents to be certified by client/ Employer:1. Project name2. 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 duration8. Original date of completion

In case of JV:9. Percentage participation of JV10. Apportionment of works between JV partners.

Status up to date.11. Value of project at award.

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Chennai Metro Rail Project – Phase IContract No.BW-UG-02-Stations & BW-UG-02-Tunnels

Section IIIEvaluation and Qualification Criteria

Initial Filter

CMRL EQC-A13 2016

12. Percentage of works completeda) Each Underground stationsb) Metro rail Tunnelsc) Tunnel Dia. And methodology adopted for tunneling.

13. Value of work certified till date.

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Performance Security

Option 1: (Demand Guarantee)

[Insert Guarantor letterhead or SWIFT identifier code]

Beneficiary: [Insert name and Address of the Employer]

Date: [Insert date of issue]

PERFORMANCE GUARANTEE No.: [Insert guarantee reference number]

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

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

Furthermore, we understand that, according to the conditions of the Contract, a performanceguarantee is required.

At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay theBeneficiary 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 ofcurrencies in which the Contract Price is payable, upon receipt by us of the Beneficiary’scomplying demand supported by the Beneficiary’s statement, whether in the demand itself orin a separate signed document accompanying or identifying the demand, stating that theApplicant is in breach of its obligation(s) under the Contract, without the Beneficiary needingto 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 Amountspecified in the Letter of Acceptance, less provisional sums, if any, and denominated either in thecurrency(cies) of the Contract or a freely convertible currency acceptable to the Beneficiary.

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

This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010Revision, 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 deletedfrom the final product.]

2 Insert the date twenty-eight days after the expected completion date as described in GC Clause 11.9. TheEmployer should note that in the event of an extension of this date for completion of the Contract, theEmployer would need to request an extension of this guarantee from the Guarantor. Such request must bein writing and must be made prior to the expiration date established in the guarantee.

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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 ventureshall be the name of the joint venture] (hereinafter called "the Applicant") has entered intoContract No. [insert reference number of the contract] dated [insert date] with theBeneficiary, 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 Beneficiaryretains moneys up to the limit set forth in the Contract (“the Retention Money”), and thatwhen the Taking-Over Certificate has been issued under the Contract and the first half of theRetention Money has been certified for payment, payment of [insert the second half of theRetention Money or if the amount guaranteed under the Performance Guarantee when theTaking-Over Certificate is issued is less than half of the Retention Money, the differencebetween half of the Retention Money and the amount guaranteed under the PerformanceSecurity] is to be made against a Retention Money guarantee.

At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay theBeneficiary 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 Moneyor if the amount guaranteed under the Performance Guarantee when the Taking-Over Certificate is issuedis less than half of the Retention Money, the difference between half of the Retention Money and the amountguaranteed under the Performance Security and denominated either in the currency(ies) of the second halfof the Retention Money as specified in the Contract, or in a freely convertible currency acceptable to theBeneficiary.

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supported by the Beneficiary’s statement, whether in the demand itself or in a separate signeddocument accompanying or identifying the demand, stating that the Applicant is in breach ofits obligation(s) under the Contract, without the Beneficiary needing to prove or showgrounds for its demand or the sum specified therein.

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

This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010Revision, 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 deletedfrom the final product.]

2 Insert the same expiry date as set forth in the Performance Security, representing the date twenty-eightdays after the completion date described in GC Clause 11.9. The Employer should note that in the event ofan extension of this date for completion of the Contract, the Employer would need to request an extensionof this guarantee from the Guarantor. Such request must be in writing and must be made prior to theexpiration date established in the guarantee.