CP 1b vol 2 EN

Tender Documents for Ho Chi Minh City Urban Railway Construction Project Ben Thanh - Suoi Tien Section (Line 1) CONTRACT PACKAGE-1B: CIVIL (UNDERGROUND SECTION FROM KM 0+615 TO KM 2+360) Volume General Conditions of Contract Particular Conditions of Contract Schedules October 2012 Management Authority for Urban Railways Ho Chi Minh City People’s Committee GCC October 2012 Tender Documents for Ho Chi Minh City Urban Railway Construction Project Ben Thanh - Suoi Tien Section (Line 1) CONTRACT PACKAGE-1B: CIVIL (UNDERGROUND SECTION FROM KM 0+615 TO KM 2+360) Composition of Documents Volume Notice of Invitation to Tender Instructions to Tenderers and Annexures Letter of Tender and Appendices Volume General Conditions of Contract Particular Conditions of Contract and Schedules Volume Employer's Requirements - General Employer's Requirements - Functional Employer's Requirements - Design Employer's Requirements - Construction Employer’s Requirements - Manufacture, Installation and Testing Employer’s Requirements - Particular Requirements Employer's Requirements - Appendices Volume Outline Design Specifications and Appendices Volume Outline Construction Specifications Volume Employer’s Drawings GCC October 2012 Tender Documents for Ho Chi Minh City Urban Railway Construction Project Ben Thanh - Suoi Tien Section (Line 1) CONTRACT PACKAGE-1B: CIVIL (UNDERGROUND SECTION FROM KM 0+615 TO KM 2+360) VOLUME GENERAL CONDITIONS OF CONTRACT GCC October 2012 Ho Chi Minh City Urban Railway Construction Project General Conditions of Contract Ben Thanh - Suoi Tien Section (Line 1) Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360) GENERAL CONDITIONS OF CONTRACT The General Conditions governing this Contract shall be the Conditions of Contract for EPC/Turnkey Projects, First Edition 1999 prepared by the Federation Internationale des Ingenieurs-Conseils (FIDIC) The General Conditions of Contract (GCC) are linked with the Particular Conditions of Contract (PCC) by the corresponding numbering of the Clauses, so that the GCC and the PCC together comprise the rights and obligations of the parties In the case of any discrepancy between the conditions contained in the GCC and the PCC, the conditions contained in the PCC shall prevail over the GCC A copy of the General Conditions will be attached prior to sale of the Tender Documents GCC October 2012 Tender Documents for Ho Chi Minh City Urban Railway Construction Project Ben Thanh - Suoi Tien Section (Line 1) CONTRACT PACKAGE-1B: CIVIL (UNDERGROUND SECTION FROM KM 0+615 TO KM 2+360) VOLUME PARTICULAR CONDITIONS OF CONTRACT October 2012 Ho Chi Minh City Urban Railway Construction Project Particular Conditions of Contract Ben Thanh - Suoi Tien Section (Line 1) Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360) PARTICULAR CONDITIONS OF CONTRACT INDEX GCC Sub- Clause Page No 1.1 Definitions 1.4 Law and Languages 1.5 Priority of Documents 1.8 Care and Supply of Documents 1.10 Employer’s use of Contractor’s Documents 1.13 Compliance with Laws 2.2 Permits, Licenses or Approvals 3.1 The Employer’s Representative 4.2 Performance Security 4.4 Subcontracts 4.6 Co-operation 4.8 Safety Measures 4.9 Quality Assurance 4.10 Site Data 4.11 Sufficiency of the Contract Price 4.12 Unforeseeable Difficulties 4.14 Avoidance of Interference 4.15 Access Route 4.18 Protection of the Environment 4.19 Electricity, Water and Gas 4.20 Employer’s Equipment and Free-issue Material 4.22 Security of the Site 4.23 Contractor’s Operations on Site 5.1 General Design Obligations 5.3 Contractor’s Undertaking 10 5.5 Training 10 October 2012 Ho Chi Minh City Urban Railway Construction Project Particular Conditions of Contract Ben Thanh - Suoi Tien Section (Line 1) Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360) 5.6 As-Built Documents 10 6.5 Working Hours 11 6.12 HIV Prevention Program 11 7.1 Manner of Execution 11 8.3 Programme 13 8.3A Design Submission Programme 14 8.3B Three Months Rolling Programme 15 8.34 Extension of time for completion 15 8.6 Rate of Progress 15 8.7 Delay Damages 15 11.2 Cost of Remedying Defects 15 11.12 Maintenance of the Works 15 13.1 Right to Vary 15 13.2 Value Engineering 16 13.3 Variation Procedure 16 13.3A Valuation of Variations 17 13.5 Provisional Sums 17 13.6 Daywork 18 13.8 Adjustments for Changes in Costs 18 13.9 Cost Centres 22 14.1 The Contract Price 22 14.2 Advance Payment 22 14.3 Application for Interim Certificates 23 14.6 Interim Payment 23 14.9 Payment of Retention Money 23 14.15 Currencies of Payment 23 14.16 Payment of Provisional Sums 24 17.3 Employer’s Risks 25 18.1 General Requirements for Insurances 25 20.6 Arbitration 25 October 2012 Ho Chi Minh City Urban Railway Construction Project Particular Conditions of Contract Ben Thanh - Suoi Tien Section (Line 1) Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360) Particular Conditions of Contract These Particular Conditions of Contract add, amend, modify or delete Clauses contained in the General Conditions of Contract, and shall take precedence over those contained in the General Conditions of Contract GCC SubClause No.1.1 Definitions Additional Sub- Clauses: Sub-Clause 1.1.1.6 “Schedules”, “Annexures” and “Annexes” means the documents entitled Schedules, Annexures and Annexes completed by the Contractor and submitted with the Tender and as included in the Contract Sub-Clause 1.1.1.7 “Design Data” means all specifications, plans, drawings, details, graphs, sketches, models, levels, setting-out dimensions, calculations duly checked by the Contractor and other documents relating to the design of the Works prepared or to be prepared by or on behalf of the Contractor Sub-Clause 1.1.1.8 “Drawings” means the Employer’s Drawings and the Drawings submitted by the Contractor and any modification of such drawings as may be required by the Design Review process Sub-Clause 1.1.1.9 “Interim Payment Schedule” means the schedule included for each Cost Centre in the Pricing Document and accepted by the Employer to be used for interim payments in relation to achievement of milestones under that Cost Centre, as the same may be revised from time to time in accordance with Clause 13 of the General Conditions Delete existing Sub-Clauses and replace with the following: Sub-Clause 1.1.2.2 “Employer” means the Management Authority for Urban Railways and the legal successors in title Sub-Clause 1.1.2.4 “Employer’s Representative” means the NJPT Association or as appointed from time to time by the Employer under Sub-Clause 3.1 [Employer’s Representative] who acts on behalf of the Employer Sub-Clause 1.1.2.11 Insert new Sub-Clause “Author Supervision” means the supervision by the Designer, during the process of execution of building works aimed at ensuring that execution is correct in terms of the design Sub-Clause 1.1.3.1 “Base Date” means the day 28 days prior to the submittal of Tenders Sub-Clause 1.1.3.2 “Commencement Date” shall be the date given in the Employer’s “Notice to Proceed” which means the notice issued by the Employer to the Contractor communicating the date on which the Works are to be commenced Sub-Clause 1.1.3.3 “Time for Completion shall be 54 months (equivalent to 235 weeks) after the Commencement Date, (with any extension under Sub-Clause 8.4 [Extension of Time for Completion]), Sub-Clause 1.1.3.7 Defects Notification Period means the period of 104 weeks for notifying defects in the Works or a Section (as the case may be) under Sub-Clause 11.1 [Completion of Outstanding Work and Remedying Defects], with any extension under Sub-Clause 11.3 [Extension of Defects Notification Period]), calculated from the date on which the Works or Section is completed as certified under Sub-Clause 10.1 [Taking PCC 1/26 October 2012 Ho Chi Minh City Urban Railway Construction Project Particular Conditions of Contract Ben Thanh - Suoi Tien Section (Line 1) Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360) Over of the Works and Sections] Sub-Clause 1.1.4.1 “Contract Price” shall mean as follows; i) “Base Contract Price” consists of Total of Cost Centre Amount plus Provisional Sums, and its amount shall be applied for - Advance Payment, Advance Payment Bond, - Performance Security, - Delay Damage, Limit of Delay Damage, and Limit of Retention ii) “Total Contract Price” consists of Base Contract Price, VAT and Physical & Price Contingencies Sub-Clause 1.1.4.4 “Foreign Currency” shall mean Japanese Yen Sub-Clause 1.1 “Local currency” shall mean Vietnamese Dong Sub-Clause 1.1.6.9 “Unforeseeable” means not reasonably foreseeable by an experienced contractor by the date of submission of the Tender Sub-Clause 1.1.7.1 “Schedule of Milestones” means the schedule included in each Cost Centre in the Pricing Document, describing the Milestones and stipulating dates by which the Milestones are to be achieved under that Cost Centre in order to maintain interim payments by the Employer to the Contractor in accordance with the Interim Payment Schedule for that Cost Centre, as the same may be revised from time to time in accordance with the Contract Sub-Clause 1.1.7.2 “Works Programme” means the programme showing the sequence, method and timing of investigations, design, issue of No Objection Notices, execution, manufacture, delivery to site, erection, installation, testing, commissioning of the Works (including Integrated Testing and Commissioning), and related activities in the form and content prescribed by the Employer’s Requirements, or any amended or varied version thereof, as submitted by the Contractor and for which the Employer’s Representative has issued a Notice of No Objection Sub-Clause 1.1.7.3 “Outline Environmental Plan” means the environmental plan forming part of the Tender, setting out in summary form, the Contractor’s proposed means of complying with his obligations in relation to environmental management as prescribed in the Employer’s Requirements Sub-Clause 1.1.7.4 “Outline Quality Plan" means the quality plan forming part of the Tender, setting out in summary form, the Contractor’s proposed means of complying with his obligations in relation to quality assurance as prescribed in the Employer’s Requirements Sub-Clause 1.1.7.5 “Outline Safety Plan” means the safety plan forming part of the Tender, setting out in summary form, the Contractor’s proposed means of complying with his obligations in relation to construction safety as prescribed in the Employer’s Requirements PCC 2/26 October 2012 Ho Chi Minh City Urban Railway Construction Project Particular Conditions of Contract Ben Thanh - Suoi Tien Section (Line 1) Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360) 1.4 Law and Languages Modify the Sub-Clause: The Law shall be that of Vietnam In addition, all the relevant regulations and decisions issued by the Ho Chi Minh City People’s Committee shall be applicable The Language of the Contract shall be English The Language for Communications shall be English and Vietnamese Major Submissions including Progress Reports shall be in English and Vietnamese, but with regard to Drawings, Vietnamese translation will be required only for some drawings which need consent/approval of relevant authorities of Viet Nam If there is discrepancy between English and Vietnamese or any other languages for communication and submission, English shall prevail 1.5 Priority of Documents 1.8 Care and Supply of Documents 1.13 Insert a final paragraph to this Sub-Clause: The Form of Contract Agreement shall be in the format given in Schedule to these Particular Conditions of Contract Delete the first line of the first paragraph and replace with: Each of the Contractor’s Documents shall be in the custody and care of the Contractor until the Employer has issued the Performance Guarantee Delete the first two lines and replace with: Compliance with Laws The Contractor shall, in performing the Contract, comply with applicable Laws The Contractor is to note application of Decree 131/2006/ND-CP dated 09 November 2006 and in particular Article – Basic principles of ODA Management and Utilisation – paragraph Unless otherwise stated in the Particular Conditions: The following sub-paragraph is added under sub-paragraph (b): For obtaining the Construction Permit required by the Law on Construction in Vietnam, the application documents shall be prepared by the Contractor but the application to the competent authority shall be made through the Employer with his covering letter In the case where delay caused by the Authority in obtaining the Construction Permit for initial construction work, results in delay or disruption to the Project, the matter shall be referred to Sub-Clause 8.5 “Delay Caused by Authority”, thus shall be subject to Sub-Clause 8.4 “Extension of Time for Completion” 2.2 Permits, Licenses or Approvals The following sub-paragraphs are added at the end of sub-paragraph (b): (c) by officially sending and/or circulating the Contractor’s documents to the relevant authorities (d) by organizing official meetings with the relevant authorities PCC 3/26 October 2012 Ho Chi Minh City Urban Railway Construction Project Particular Conditions of Contract Ben Thanh - Suoi Tien Section (Line 1) Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360) Centre or to add more Milestones in the Cost Centre, the Lump Sum Contract price of the whole of Works, shall remain unaltered, shall be redistributed amongst the affected Cost Centres and further redistributed under the Milestones in each Cost Centre The liability of the Employer will be limited to the fixed Lump Sum Contract price already accepted and the Contractor will have no right to claim anything over and above the Lump Sum price for any such addition of Cost Centre or Milestones in any Cost Centre 14.1 The Contract Price Add a third paragraph (c ) to the existing sub-Clause: (c) The Government of Viet Nam shall exempt the Contractor from all duties and related fiscal charges imposed in Viet Nam with respect to the import and re-export of their own materials and equipment needed for the implementation of the Project 14.2 Advance Payment Add the following paragraph at the end of the Sub-Clause: The Advance Payment shall be fifteen percent (15%) of the Base Contract Price stated in the Contract Agreement which does not include contingency cost and paid in the applicable currencies to the Contractor in one instalment Repayment of the advance payment will commence in the Interim Certificate in which the total of all certified interim payments exceeds ten percent (10%) of the Accepted Contract amount at the rate of twenty per cent (20%) from each subsequent Interim Payment.` ` 14.3 Application for Interim The last line of the first paragraph “which shall include the relevant report on progress in accordance with Sub Clause 4.21 [Progress Reports].” shall be replaced by “which are required by the applicable laws.” as shown in bold letters below: Certificates “The Contractor shall submit a Statement in six copies to the Employer after the end of the period of payment stated in the Contract (if not stated, after the end of each month), in a form approved by the Employer, showing in detail the amounts to which the Contractor considers himself to be entitled, together with supporting documents which are required by the applicable laws Delete existing sub-Paragraph (c) and replace with: (c) the amount to be deducted for retention shall be ten percent (10%) from the above amounts, until the amount so retained by the Employer reaches the limit of five per cent (5%) of the Contract Price 14.6 Interim Payment The following new Sub Clause (c) be added to Clause 14.6: In the event of any disputed amount in whole or part of the estimated contract value of the Works the Employer may proceed in accordance with Sub-Clause 3.5 [Determinations] to make a payment of up to 70% of the disputed amount pending resolution of the disputed amount 14.9 Payment of Delete the existing Sub-Clause and insert new Sub-Clause: When the Taking-Over Certificate has been issued for the Works, and the PCC 23/26 October 2012 Ho Chi Minh City Urban Railway Construction Project Particular Conditions of Contract Ben Thanh - Suoi Tien Section (Line 1) Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360) Retention Money Works have passed all specified tests (including the Tests after Completion, if any), the first half of the Retention Money shall be paid to the Contractor Promptly after the latest of the expiry dates of the Defects Notification Periods, the outstanding balance of the Retention Money shall be paid to the Contractor This outstanding balance may also be paid against presentation of a Bank Guarantee for the balance amount by the Contractor to the Employer at the same time as the payment for the first half of the Retention Money 14.15 Currencies of Payment Insert the following paragraph at the end: The Contract Price shall be paid separately in the following currencies only: - Japanese Yen for the Goods and Services which are expected to be supplied from outside Vietnam for the Works - Vietnamese Dong for the Goods and Services which are expected to be supplied from inside Vietnam for the Works During the execution of the Works, if any supply source of the Goods and Services is changed resulting in substantial change in the assumed currency proportion in the Contract Price, the proportion of foreign (Japanese Yen) and local (Vietnamese Dong) currencies for payments of the Contract Price shall be adjusted to reflect that substantial change, provided that; (a) The Contractor shall inform the Employer and the Employer’s Representative whenever any such substantial change occurs, or (b) The Employer’s Representative may recommend the Contractor to review the assumed currency proportions if in his judgment there is possible change in the currency of origin of the equipment, plant or materials to be provided under the Contract that should result in a substantial change in the assumed currency proportion, and the substantial change is confirmed in the review This amendment shall be applied only to the Milestones for procurement of major equipment, plant and materials in the Cost Centres No.6 “Environmental Control Services”, No.9 “Electrical Works”, and No.10 “Lifts and escalator” For any of the Milestones, if the currency proportion between the amounts of the Contract Price and the actual procurements differs more than 15% of the equivalent total amount in Japanese Yen of that Milestone, it is regarded as “Substantial Change” The exchange rate between Japanese Yen and Vietnamese Dong on the Base Date (defined in PCC 1.1.3.1) shall be applied The equivalent total amount (in Japanese Yen) of the adjusted Milestone shall be kept unchanged 14.16 Payment of Provisional Sums Additional Sub-Clause The Contractor shall request payment for Provisional Sums items undertaken either on Daywork basis or through Sub-contractors approved to carry out the works specified in schedule of Provisional Sums through a separate PCC 24/26 October 2012 Ho Chi Minh City Urban Railway Construction Project Particular Conditions of Contract Ben Thanh - Suoi Tien Section (Line 1) Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360) “Application for Payment of Provisional Sums” at not less than monthly intervals The Contractor shall, in respect of Daywork items, substantiate the amount included in the Application for Payment of Provisional Sums by producing all quotations, invoices, vouchers and receipts, and other supporting documents including the agreed daily rates of labour and hourly hire charges of plant and machinery The Contractor shall, during the continuance of such work, deliver on each working day to the Employer's Representative a list, in duplicate, of the names and occupations of and time worked by all workmen employed on such work on the previous working day and a statement, also in duplicate, showing the descriptions and quantity of all materials and Contractor’s Equipment used thereon or therefore The Employer's Representative shall agree as correct or reject with stated reasons such lists and statements and shall sign and return to the Contractor one copy thereof The Contractor shall submit copies of such statements along with the Application for Payment of Provisional Sums The Contractor shall inform the Employer's Representative in writing before the Contractor proposes to carry out daywork ordered by the Employer's Representative and shall afford every facility for the Employer's Representative to check all time labour, plant and materials in respect of which the Contractor proposes to charge In respect of Provisional Sums items undertaken through Approved Subcontractors, the Contractor shall submit with the Application for Payment of Provisional Sums, documents in support of the amount included in the said application The Contractor shall also enclose evidence in support of progress of work for which payment is claimed The Contractor shall furnish evidence that all sums included in previous certificates have been paid to the Approved Subcontractor The Employer's Representative shall certify the Application for Payment of Provisional Sums after exercising due checks and submit the same to the Employer for payment to the Contractor 17.3 Employer’s Risks Insert the following three sub-clauses at the end of the Clause: (f) use or occupation by the Employer of any part of the Permanent Works, except as may be specified in the Contract, (g) design of any part of the Works by the Employer’s Personnel or by others for whom the Employer is responsible, if any, and (h) any operation of the forces of nature which is Unforeseeable or against which an experienced contractor could not reasonably have been expected to have taken adequate preventative precautions PCC 25/26 October 2012 Ho Chi Minh City Urban Railway Construction Project Particular Conditions of Contract Ben Thanh - Suoi Tien Section (Line 1) Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360) 18.1 Insert additional first paragraph: General Requirements for Insurances The Contractor shall arrange to purchase all kinds of insurances as stated in the insurance schedule in Appendix of Letter of Tender regarding the Conditions of Contract Such insurances shall be in accordance to the conditions specified by the Employer The Contractor shall submit a detailed schedule of insurances to the Employer for review and comments before approval The insurance consultant and the insurer proposed by the Contractor must be approved by the Employer The Contractor shall provide relevant insurance policies and premium payment receipts for the Employer's inspections” 20.6 Arbitration Delete the last paragraph and substitute with: Arbitration may be commenced prior to or after completion of the Works The obligations of the Parties, the Employer’s Representative and the DAB shall not be altered by reason of any arbitration being conducted during the progress of the Works PCC 26/26 October 2012 Tender Documents for Ho Chi Minh City Urban Railway Construction Project Ben Thanh - Suoi Tien Section (Line 1) CONTRACT PACKAGE-1B: CIVIL (UNDERGROUND SECTION FROM KM 0+615 TO KM 2+360) VOLUME SCHEDULES TO THE CONDITIONS OF CONTRACT Schedule – Contract Agreement Schedule – Performance Guarantee Schedule – Form of Bank Guarantee for Advance Payments October 2012 Tender Documents for Ho Chi Minh City Urban Railway Construction Project Ben Thanh - Suoi Tien Section (Line 1) CONTRACT PACKAGE-1B: CIVIL (UNDERGROUND SECTION FROM KM 0+615 TO KM 2+360) VOLUME SCHEDULE TO THE CONDITIONS OF CONTRACT Schedule – Contract Agreement October 2012 Ho Chi Minh City Urban Railway Construction Project Schedule to the Conditions of Contract Ben Thanh - Suoi Tien Section (Line 1) Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360) CONTRACT AGREEMENT This Agreement is made at Ho Chi Minh City Vietnam on the _ day of 20 (1) Between the Management Authority of Urban Railways of 29 Le Quy Don Street, Ward 7, District 3, Ho Chi Minh City, Vietnam hereinafter referred to as the “MAUR” or the “Employer” of the one part, (2) and comprising: (a) ………………………………………….,a company registered and existing under the laws of Japan with head office located at ……………………………………………………………… ……………………………………………………… represented by Mr………………………… authorised to sign and bind the company, under Power of Attorney dated ………………… and the Board Resolution dated …………………………… (b) ………………………………………….,a company registered and existing under the laws of……… …,with head office located at ………………………………………………………… ……………………………………………………… represented by Mr authorised to sign and bind the company, under Power of Attorney dated ………………… and the Board Resolution dated …………………………… (c) ………………………………………….,a company registered and existing under the laws of … , with head office located at ……………………………………………………………… ……………………………………………………… represented by Mr authorised to sign and bind the company, under Power of Attorney dated ………………… and the Board Resolution dated …………………………… who shall be jointly and severally liable for the undertaking of this Contract; hereinafter collectively referred to as the “Contractor” of the other part Whereas the Employer desires that the Works known as Contract Package-1b Civil Works (Underground) should be executed by the Contractor, and has accepted a Tender by the Contractor for the execution and completion of these Works and the remedying of any defects therein, The Employer and the Contractor agree as follows: In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to Sch1 1/3 October 2012 Ho Chi Minh City Urban Railway Construction Project Schedule to the Conditions of Contract Ben Thanh - Suoi Tien Section (Line 1) Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360) The following documents shall be deemed to form and be read and construed as part of this Agreement: (a) Contract Agreement (b) Consolidated Minutes of Contract Negotiation Results (c) Pricing Documents (d) The Addenda Nos _ (e) The Particular Conditions of Contract (f) The General Conditions of Contract (g) The Employer’s Requirements (h) The Contractor’s Tender, and (i) Acknowledgement of Compliance with Code of Ethics and Conduct for Public Procurements All of the foregoing documents, together with this Contract Agreement, are referred to herein as the Contract Documents Also incorporated into these Contract Documents, and made part hereof are all codes, standard specifications, and similar requirements that are referred to herein Obligation of the Contractor In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned, the Contractor hereby covenants with the Employer to design, execute and complete the Works and remedy any defects therein in conformity with the provisions of the Contract Obligation of the Employer The Employer hereby covenants to pay the Contractor, in consideration of the design, execution and completion of the Works and the remedying of defects therein, the final Contract Price at the times and in the manner prescribed by the Contract Effective Day This Contract shall come into full force and effect on the date when the Japan International Cooperation Agency has given its concurrence to the Contract Sch1 2/3 October 2012 Ho Chi Minh City Urban Railway Construction Project Schedule to the Conditions of Contract Ben Thanh - Suoi Tien Section (Line 1) Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360) In Witness whereof the parties hereto have caused this Agreement to be executed the day and year first before written in accordance with their respective laws SIGNED by: SIGNED by: for and behalf of the Employer in the presence of for and on behalf of the Contractor in the presence of SIGNED by: for and on behalf of the Contractor in the presence of SIGNED by: for and on behalf of the Contractor in the presence of SIGNED by: for and on behalf of the Contractor in the presence of Sch1 3/3 October 2012 Tender Documents for Ho Chi Minh City Urban Railway Construction Project Ben Thanh - Suoi Tien Section (Line 1) CONTRACT PACKAGE-1B: CIVIL (UNDERGROUND SECTION FROM KM 0+615 TO KM 2+360) VOLUME SCHEDULE TO THE CONDITIONS OF CONTRACT Schedule – Performance Guarantee October 2012 Ho Chi Minh City Urban Railway Construction Project Schedule to the Conditions of Contract Ben Thanh - Suoi Tien Section (Line 1) Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360) FORM OF PERFORMANCE GUARANTEE Brief Description of the Project: This is an Engineer, Procure and Construct Contract (EPC) for Construction of Contract Package 1b of Line of the Ho Chi Minh City Urban Railway Construction Project The Contract covers the underground section from the south-west interfacing point between the future Ben Thanh Station and Opera House Station (inclusive) at Chainage Km 0+615 to the north-east of Ba Son Station (inclusive) at Chainage Km 2+360 near the south bank of Thi Nghe Canal The work involved includes the design and construction of Bored, and also Cut and Cover tunnels, two Underground Stations, and the Transition Structure that brings the railway out of the ground to the start of the Elevated Section The work also includes the architectural designs and the fitting out of the stations, and the design and installation of Lifts and Escalators, and the construction and installation for the tunnel ventilation equipment The work requires close and intensive co-ordination of work activities with Contractors for Packages 1a, and The Contractor will design, execute, complete, test and commission (including Integrated Testing and Commissioning) and remedy any defect in the Works upon the terms and conditions contained in the Contract The Contract is a Fixed Price Lump Sum Contract Name and address of Beneficiary: Management Authority of Urban Railways of 29 Le Quy Don Street, Ward 7, District 3, Ho Chi Minh City, Vietnam hereinafter referred to as the “MAUR” or the “Employer” in the Contract We have been informed that (hereinafter called the “Principal”) is your contractor under such Contract, which requires him to obtain a performance security At the request of the Principal, we (name of bank) hereby irrevocably undertake to pay you, the Beneficiary/Employer, any sum or sums not exceeding in total the amount of (the “guaranteed amount”, say: ) upon receipt by us of your demand in writing and your written statement stating: (a) that the Principal is in breach of his obligation(s) under the Contract, and (b) the respect in which the Principal is in breach Any demand for payment must contain your Chairman’s signature(s) and Seal The demand and statement must be received by us at this office on or before (the date 70 days after the expected expiry of the Defects Notification Period for the Works or any extension of that date) (the “expiry date”), when this guarantee shall expire and shall be returned to us We have been informed that the Beneficiary may require the Principal to extend this guarantee if the performance certificate under the Contract has not been issued by the date 28 days prior to such Sch2 1/2 October 2012 Ho Chi Minh City Urban Railway Construction Project Schedule to the Conditions of Contract Ben Thanh - Suoi Tien Section (Line 1) Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360) expiry date We undertake to pay you such guaranteed amount upon receipt by us, within such period of 28 days, of your demand in writing and your written statement that the performance certificate has not been issued, for reasons attributable to the Principal, and that this guarantee has not been extended This guarantee shall be governed by the laws of Viet Nam and shall be subject to the Uniform Rules for Demand Guarantees, published as number 458 by the International Chamber of Commerce, except as stated above Date Signature(s) Note: If it is specified that the performance guarantee shall be a guarantee letter of a bank or financial institution, the Tenderer shall submit relevant documents to confirm the validity of the guarantee letter to be considered in accordance with the regulations on the delegation of authority for signing and issuance of guarantee letter by each bank or financial institution Sch2 2/2 October 2012 Tender Documents for Ho Chi Minh City Urban Railway Construction Project Ben Thanh - Suoi Tien Section (Line 1) CONTRACT PACKAGE-1B: CIVIL (UNDERGROUND SECTION FROM KM 0+615 TO KM 2+360) VOLUME SCHEDULE TO THE CONDITIONS OF CONTRACT Schedule – Form of Bank Guarantee for Advance Payments October 2012 Ho Chi Minh City Urban Railway Construction Project Schedule to the Conditions of Contract Ben Thanh - Suoi Tien Section (Line 1) Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360) FORM OF BANK GUARANTEE FOR ADVANCE PAYMENTS Brief Description of the Project: This is an Engineer, Procure and Construct Contract (EPC) for Construction of Contract Package 1b of Line of the Ho Chi Minh City Urban Railway Construction Project The Contract covers the underground section from the south-west interfacing point between the future Ben Thanh Station and Opera House Station (inclusive) at Chainage Km 0+615 to the north-east of Ba Son Station (inclusive) at Chainage Km 2+360 near the south bank of Thi Nghe Canal The work involved includes the design and construction of Bored, and also Cut and Cover tunnels, two Underground Stations, and the Transition Structure that brings the railway out of the ground to the start of the Elevated Section The work also includes the architectural designs and the fitting out of the stations, and the design and installation of Lifts and Escalators, and the construction and installation for the tunnel ventilation equipment The work requires close and intensive co-ordination of work activities with Contractors for Packages 1a, and The Contractor will design, execute, complete, test and commission (including Integrated Testing and Commissioning) and remedy any defect in the Works upon the terms and conditions contained in the Contract The Contract is a Fixed Price Lump Sum Contract Name and address of Beneficiary (whom the Contract defines as the Employer) We have been informed that _ (hereinafter called the “Principal”) is your contractor under such Contract and wishes to receive an advance payment, for which the Contract requires him to obtain a guarantee At the request of the Principal, we (name of bank) hereby irrevocably undertake to pay you, the Beneficiary/Employer, any sum or sums not exceeding in total the amount of _ (the “guaranteed amount”, say: your demand in writing and your written statement stating: ) upon receipt by us of (a) that the Principal has failed to repay the advance payment in accordance with the conditions of the Contract, and (b) the amount which he Principal has failed to repay This guarantee shall become effective upon receipt [of the first instalment] of the advance payment by the Principal Such guaranteed amount shall be reduced by the amounts of the advance payment repaid to you, as evidenced by your notices issued under sub-clause 14.6 of the conditions of the Contract Following receipt (from the Principal) of a copy of each purported notice, we shall promptly notify you of the revised guaranteed amount accordingly Sch3 1/2 October 2012 Ho Chi Minh City Urban Railway Construction Project Schedule to the Conditions of Contract Ben Thanh - Suoi Tien Section (Line 1) Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360) Any demand for payment must contain your signature(s) which must be authenticated by your bankers or by a notary public The authenticated demand and statement must be received by us at this office on or before (the date 70 days after the expected expiry of the Time for Completion) _ (the “expiry date”), when this guarantee shall expire and shall be returned to us We have been informed that the Beneficiary may require the Principal to extend this guarantee if the advance payment has not been repaid by the date 28 days prior to such expiry date We undertake to pay you such guaranteed amount upon receipt by us, within such period of 28 days, of your demand in writing and your written statement that the advance payment has not been repaid and that this guarantee has not been extended This guarantee shall be governed by the laws of Viet Nam and shall be subject to the Uniform Rules for Demand Guarantees, published as number 458 by the International Chamber of Commerce, except as stated above Date Signature(s) Note: If it is specified that the advance payment guarantee shall be a guarantee letter of a bank or financial institution, the Tenderer shall submit relevant documents to confirm the validity of the guarantee letter to be considered in accordance with the regulations on the delegation of authority for signing and issuance of guarantee letter by each bank or financial institution Sch3 2/2 October 2012