MINISTRY OF TRANSPORT PROJECT MANAGEMENT UNIT MY THUAN SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness CIVIL WORK CONTRACT: CW 7/3 - Construction of New Road and Bridges between Nga Bac and Ca Mau from Km190+800 to Km198+300 Southern Coastal Corridor Project GMS MINUTES OF CONTRACT NEGOTIATION - Ba ed on the Construction Law No 16/2003/QH National Assembly, 4thSession; 11 dated 26th November 2003 of the - Based on the Decree No 112/2009/N8-CP dated 14th December 2009 of the Government regarding to management of engineering investment costs; - Based on the Decree No.12/2009/N8-CP dated 10th February 2009 of the Government regarding to management of engineering investment projects; - Based on the Decision No 341/QD-BGTVT dated 25 February 2011 of Ministry of Transport regarding to approval of the Bid Result of the Package CW 7/3 and document No 1OOS/BGTVT-CQLXD dated 25 February 2011 of MOT on approval to add 10% of contingency to contract price to the civil work contract packages No Cw1/1, CW7/2, CW7/3 and CW7/4; - Based on the Letter dated 21 February 2011 of ADB regarding the approval of bidding result for Package Contract No CW 7/3 Construction of New Road and Bridges between Nga Bac and Ca Mau from Km190+S00 to Km19S+300 - Southern Coastal Corridor Project GMS; Today on 25 February 2011, the Project Management Unit My Thuan held a meeting with Contractor, Transport Construction Investment Joint Stock Company, to negotiate and finalize the Contract and prepare to sign the Package Contract No CW 7/3 Construction of New Road and Bridges between Nga BaGand Ca Mau from Km190+S00 to Km19S+300 - Southern Coastal Corridor Project GMS A PARTIES PARTICIPATED IN: Representatives of Client (Party A): Project Management Unit My Thuan Mr: Nguyen Ngoc Toan - Position: Deputy General Director Mrs:Dao Thi Thuy Huong - Position: Manager of Economic-Technical Division Mr: Tran Van Thi - Position: Manager of Division Representative J.S Company of the Contractor Mr: Pham Van Khoi (Party B): Transport Construction Investment - Position: General Director B CONTENTS OF MEETING: After negotiating, the Parties have been agreed as follows: I The two Parties agree to sign the Civil Works Contract: with Contract Documents which are arranged according to the priority order as follows: Civil Work Contract No CW 7/3, , ~ r>.l;r~ or ' The Letter of Acceptance; Minutes of negotiation; Bill of Quantities; The Letter of Technical Bid; The Letter of Price Bid; The Particular Conditions; The General Conditions; 9.' The completed Schedules; 10.The Specification; and 11 Drawings 12 Other documents which are listed in Bidding Data in order to form a part of the Contract II Construction matters: The Contractor covenants that the construction period is 1095 days for contract package CW 7/3 which is as indicated in the Bid Document The Contractor will submit the updated Work Program updated with the commencement time which is calculated from the date of issuing the instruction to commence The Contractor covenants to sufficiently and correctly supply equipment as indicated in Bid document in order to complete the Works in accordance with the approved Work Plan The number and list of minimum equipment shall be the same with the number and list of equipment which is indicated in the Bid Document The Contractor shall also supply a schedule of equipments mobilization for contract fulfillment Contractor shall construct all works and services in accordance with Conditions of Contract and Contract Specification in Volume and Drawings in Volume The Contractor covenants to reinstate the area which was temporarily borrowed for construction to its original condition with the width of 2.50 m for each side (calculated from top of cutting slope, toe of fill slope or outer edge of side drainage) after completion of embankment, bridge and culvert construction III Financial matters: The Contract Price 513,774,723,296 VND In which: • Contract amount as per Bill of Quantities • Contingency 467,067,930,269 VND 46,706,793,027 VND The final BOQ complying with approved contract award value is incorporated in the contract and shall form the basis for all contract payments Payment Currency: Based on the Bidding Documents and the Bidder's Bid, the payment Currencies are as follows: 3.1 Local Currency: Payment by VND 3.2 Foreign Currency payment by USD, The rates of exchange as indicated in the Bidding Documents shall be the selling rates for similar transactions prevailing on the \);'.t~ ! \ I\.~ ,-/ ~:;::-.: date 28 days prior to the deadline for submission, and the parties agree the rate of exchange: 1USD = 19.020 VND Schedule of foreign and local currecies payment: The parties temporarily agreed the ratio of local currency is 62.66% and the foreign currency is 37.34%, the Contractor is requested to report the detail of material and equipment incur expenditures in Foreign Currecncy in the implementation process according to the items and quantities in the contract package so that Party A can check and adjust the ratio of local and foreign currency as per the actual situation but the foreign currency will not exceed the above ratio Performance Security, Bank Guarantee for Advance Payment: a) The contractor must submit the Performance Security with the value equal to 10% of Contract Price and the form prescribled d in the Bidding Documents b) For receiving an advance payment, the Contractor shall submit an Advance Payment Guarantee with the value of 20% of Contract Price and the form prescribled d in the Bidding Documents Contractor's Account: Name of Account: Transport Construction Investment Joint Stock Company Account number 1: 052.01.01.1000022 Account number 2: 052.01.37.0000288 Bank: Maritime Bank - Quang Ninh Branch Address: 158 Tran Phu - Cam Pha - Quang Ninh ~, IV Other contents: ~;.~~~_ ?ll T~~ content of this minute of negotiation is agreed by the two Parties before signing the CIvil Work Contract for Contract Package CW 7/3 and IS undersigned as below }-.;Ji:!f This Minutes is made into 14 copies with the same legal effect and it is a part of the Civil····~l /;/ Work Contract No CW 7/3 .-~:"