PIC APH TRE ZPO l20 00154 e 5a

HANOI PILOT LIGHT METRO LINE Section Nhon - Hanoi Railway Station TENDER DOCUMENTS FOR PROCUREMENT BIDDING DOCUMENTS Contract Package HPLML/CP-02 Elevated Stations Project reference: PIC-APH-TRE-ZPO-L20-00154-E-5A Procurement of Works AUGUST 2012 SOCIALIST REPUBLIC OF VIETNAM HANOI CITY PEOPLE COMMITTEE (HPC) Hanoi Metropolitan Railway Management Board (MRB) HANOI PILOT LIGHT METRO LINE PROJECT (SECTION NHON - HANOI RAILWAY STATION) BIDDING DOCUMENTS Contract Package Number 2: Elevated Stations No.: HPLMLP/CP 02 Issued on: ……………………………… Invitation for bids No.: ………………………………… ICB No.: HPLMLP/CP-02 E m p l o ye r : Hanoi Metropolitan Railway Management Board (MRB) Client Hanoi City People Committee (HPC) C o u n t r y: Vietnam Legal representative of the Consultant Legal representative of the Employer Project Implementation Consultant-Systra Hanoi Metropolitan Railway Management Board (MRB) Hanoi Pilot Light Metro Line Section Nhon-Hanoi Railway Station Contract Package HPLML/CP-02 Preface This Bidding Document for the Procurement of Works has been prepared by the Engineer on behalf of the Employer and is based on the Standard Bidding Document for the Procurement of Works (SBD Works) issued by the Asian Development Bank (ADB) dated September 2010 ADB’s SBD Works has the structure and the provisions of the Master Procurement Document entitled “Bidding Documents for the Procurement of Works”, prepared by multilateral development banks and other public international financial institutions except where AFD and EIB-specific considerations have required a change Confidential (iii) Version ”5” Hanoi Pilot Light Metro Line Section Nhon-Hanoi Railway Station Contract Package HPLML/CP-02 Abbreviations AFD Agence Franỗaise de Dộveloppement BDF ……… Bidding Forms BDS ……… Bid Data Sheet BOQ ……… Bill of Quantities COF ……… Contract Forms DRA ……… Drawings ECD ……… Evaluation Criteria and Determination of Evaluation Price EMP ……… Environment Management Plan EIB ……… European Investment Bank EGS ……… Eligible Goods and Related Services ELI ……… Eligibility Form EQC ……… Evaluation and Qualification Criteria ERQ ……… Employer’s Requirements EXP ……… Experience Form IMP ……… Interface Management Plan FIN ……… Financial Data Form GCC ……… General Conditions of Contract GRE ……… General Requirements HSMP ……… Health and Safety Management Plan ICB ……… International Competitive Bidding IFB ……… Invitation for Bids ITB …… JO ……… Joint Operation also known as Joint Venture LIT ……… Pending Litigation Form Instructions to Bidders ORD ……… Other Reference Documents PCC ……… Particular Conditions of Contract PQ ……… Prequalification PMP ……… Project Management Plan QAP ……… Quality Plan SAP ……… Safety Plan SBD ……… Standard Bidding Document TET ……… Tender Evaluation Team TRS ……… Technical requirements WPS ……… Works Programme requirements Confidential (iv) Version ”5” Hanoi Pilot Light Metro Line Section Nhon-Hanoi Railway Station Contract Package HPLML/CP-02 BIDDING DOCUMENTS FOR PROCUREMENT Contract Package HPLML/CP-02 Elevated Stations Table of Contents PART I REQUIREMENTS FOR BIDDING PROCEDURE Chapter I-1 Chapter I-2 Chapter I-3 Chapter I-4 Chapter I-5 PART II Instructions to Bidders Bid Data Sheet Evaluation Criteria and Determination of Evaluated Price Bidding Forms Eligible Goods and Related Services EMPLOYER’S REQUIREMENTS Chapter II-1 Chapter II-2 Chapter II-3 Chapter II-4 Chapter II-5 Chapter II-6 Chapter II-7 PART III General Requirements Technical Requirements Bill of Quantities Works Programme Requirements Project Management Plan and associated Plans Drawings Other Reference Documents CONDITIONS OF CONTRACT AND CONTRACT FORMS Chapter III-1 Chapter III-2 Chapter III-3 Confidential General Conditions of Contract Particular Conditions of Contract Contract forms (v) Version ”5” Invitation for Bids Date: ……………………………………………………………………………………… Loans No and Titles: AFD loan No CVN 3001 03A; EIB loan No FI N° Serapis n°2009-0317 - 04/10/2010 Hanoi Pilot Light Metro Line (Section Nhon – Hanoi Railway Station) Contract No and Title: HPLMLP/CP-02 Elevated stations Deadline for Bids:……………(To be provided by MRB)………………………… The Socialist Government of Vietnam has received loans from the Agence Franỗaise de Développement (AFD) and the European Investment Bank (EIB) towards the co-financing of the cost the Hanoi Pilot Light Metro Line Part of these loans may be used for payments under the contract named above Bidding is only open to Prequalified Bidders The Hanoi Metropolitan Railway Management Board (MRB) (“the Employer”) invites sealed Bids from prequalified eligible bidders for the construction and completion of the Elevated Stations Package This contract extends over a length of about Km long and includes the civil, structural, architectural, mechanical, electrical and plumbing works for elevated stations, namely: S1 - Nhon; S2 - Minh Khai; S3 - Phu Dien; S4 - Cau Dien; S5 - Le Duc Tho; S-6 National University; S7 - Chua Ha and S8 - Cau Giay Interchange Each station structure comprises concrete bored pile foundations and pile caps, concrete piers and cross heads supporting tension stressed concrete deck beams for station tracks and platforms, and a steel structured roof Each elevated station will have three deck levels: concourse, tracks and platform levels Access to the concourse from ground level will be shared between lifts, escalators, and staircases to transverse foot bridges, and lifts, escalators, and staircases between concourse and platform levels The elevated stations are over the National Road No 32, Nhon at the West end of the alignment to Cau Giay at the Eastern End, and are generally located over the median of existing and planned roads Traffic Management will play a major role in the control of erection of the stations, and close co-ordination and communication will be required between the Contractor and the local communities in addition to the Police and other traffic and utility authorities This package includes the following major work items at each station: - Construction Site preparation and management; - Construction and erection at heights over public roads; - Construction of station foundations and piers; - Casting, transportation and erection of concrete bridge beams; - Construction of cast-in place station decks; - Metal structure roof construction/erection and glass/metal roofing installation; - Construction of access foot bridges from adjacent footpaths; - Construction of station offices and facilities; - Installation of architectural finishes; - Implementation of Building services (low voltage and plumbing); - Maintenance, repair and restoration of road surfaces; - Installation and maintenance during construction of approved road traffic signs; - Operating a Traffic Management system and road diversion programme with Traffic Authorities; - Co-ordination and co-operation with other contractors and interface integration with other Project Contractors; - Provision of bus bays for passenger interchange traffic; - Planning and coordinating with local authorities for the diversion and construction of water, sewerage and other utilities during construction; and - The work also includes: The submission of submittals, and resubmittal as necessary; the operation of Work Plans, Quality Management Plans, Health & Safety Plans, Environment Plans, Method statements, Programmes, Schedules, and other related documents The preparation and submittal of Construction Drawings for Approval by the Employer after consent is given by the Engineer The Contractor will be required to actively co-ordinate and integrate his works with other Contractors employed by the Employer, for the installation of adjacent viaducts, track, signaling and telecommunication systems including SCADA and other facilities To obtain further information and to inspect the bidding documents, bidders should contact: Hanoi Metropolitan Railway Management Board (MRB), No Ho Xuan Huong Street, Hai Ba Trung District, Hanoi, Vietnam Telephone: +84 3943 5125 Facsimile number: +84 3943 5126 To purchase the bidding documents in English and Vietnamese, eligible bidders should: Write to the below address requesting the bidding documents for Contract Package CP02 – Elevated Stations; Pay a non-refundable fee of ……to be given later… Vietnamese Dong by cash or transfer to MRB’s account Deliver your bid: To the address: Project Management Unit No.1 – Hanoi Metropolitan Railway Management Board (MRB) Address: No 99 Trieu Viet Vuong street, Hai Ba Trung district, Hanoi, Vietnam Telephone: +84 3943 5125 on or before the deadline:… to be given later… and a Bid Security with minimum amount is two percents (2%) of Bid Price in US Dollars or Euros or its equivalent amount in Vietnamese Dong Bids will be opened immediately after the deadline in the presence of bidders’ representatives who choose to attend For the purpose of determining the equivalent amount of the required Bid Security in US Dollars or Euros or Vietnamese Dong, the exchange rate is the selling rate for transactions of commercial banks, published by the State Bank of Vietnam prevailing on the dated 28 days prior to the deadline for bid submission shall be applied HANOI PILOT LIGHT METRO LINE Section Nhon - Hanoi Railway Station Contract Package HPLML/CP-02 Elevated Stations PART I Requirements for Bidding Procedures AUGUST 2012 HANOI PILOT LIGHT METRO LINE Section Nhon - Hanoi Railway Station Contract Package HPLML/CP-02 Elevated Stations Chapter I-1 Instructions to Bidders Hanoi Pilot Light Metro Line Section Nhon-Hanoi Railway Station Contract Package HPLML/CP-02 Part I – Chapter I - Instructions to Bidder Chapter I-1 - Instructions to Bidders This Chapter specifies the procedures to be followed by Bidders in the preparation and submission of their Bids Information is also provided on the submission, opening, and evaluation of bids and on the award of contract TABLE OF CONTENTS A General 4 B Contents of Bidding Document 8 C Cost of Bidding Language of Bid .10 Documents Comprising the Bid .10 Letter of Bid, and Schedules 10 Alternative Bids 10 Bid Prices and Discounts .11 Currencies of Bid and Payment .11 Documents Comprising the Technical Proposal 12 Documents Establishing the Qualifications of the Bidder 12 Period of Validity of Bids 12 Bid Security 13 Format and Signing of Bid .14 Submission and Opening of Bids 14 21 22 23 24 25 E Sections of Bidding Document Clarification of Bidding Document, Site Visit, Pre-Bid Meeting Amendment of Bidding Document Preparation of Bids 9 10 11 12 13 14 15 16 17 18 19 20 D Scope of Bid Source of Funds Fraud and Corruption Eligible Bidders Eligible Materials, Equipment and Services Sealing and Marking of Bids 14 Deadline for Submission of Bids 14 Late Bids 15 Withdrawal, Substitution, and Modification of Bids 15 Bid Opening 15 Evaluation and Comparison of Bids 16 26 27 28 29 30 31 32 33 Confidential Confidentiality 16 Clarification of Bids 16 Deviations, Reservations, and Omissions .16 Determination of Responsiveness 16 Nonmaterial Nonconformities 17 Correction of Arithmetical Errors 17 Conversion to Single Currency 18 Margin of Preference .18 ITB - 2/20 Version “5” Hanoi Pilot Light Metro Line Section Nhon-Hanoi Railway Station Ref GCC Contract Package HPLML/CP-02 Part III -Chapter III-2 Particular Conditions of Contract Subject Data For this Temporary Acceptance, the Contractor shall construct the station structure up to the slab supporting the track and the platform slabs The starter bars to connect the track plinth shall be installed and accepted iii Temporary Acceptance of the Works from CP02 to CP07: For this Temporary Acceptance, the Contractor shall be able to provide the structures necessary to install the E&M equipments (ie ground level, concourse and platform structures), low voltage distribution, electrical cabinets, plumbing system (drainage and water supply) and necessary cableways and ducts and pipes as required for connection The Technical rooms or areas provided shall include necessary structural openings, reservations, inserts, cableways and finishes iv Temporary Acceptance of the Works from CP02 to CP06: For this Temporary Acceptance, the Contractor shall be able to provide the structures necessary to install the Signalling, Telecom, SCADA, Power Supply equipments and cables (ie concourse and platform structures), equipped with low voltage distribution, electrical cabinets and necessary cableways and ducts as required for connection The Technical rooms or areas provided shall include necessary structural openings, reservations, inserts, cableways and finishes Access for delivery of transformers and other heavy equipments shall be built at concourse level as per the design v Temporary Acceptance of the Works from CP02 to CP09: For this Temporary Acceptance, the Contractor shall be able to provide the structures necessary to install the AFC equipments and cables (ie concourse structures), equipped with electrical cabinets, low voltage distribution and necessary cableways and ducts as required for connection The Technical rooms or areas provided shall include necessary structural openings, inserts, cableways and finishes 9.1 Contractor’s Obligations Delete the contents of this Sub-Clause and replace with: The Contractor shall carry out the Tests on Completion in accordance with this Clause and Sub-Clause 7.4 [Testing], after providing the documents in accordance with Sub-Clause 4.1 [Contractor’s general obligations] The Contractor shall give to the Engineer not less than 21 days notice of the date after which the Contractor will be ready to carry out each of the Tests on Completion Unless otherwise agreed, Tests on Completion shall be carried out within 14 days after this date, on such day or days as the Engineer shall instruct Unless otherwise stated in the Employer’s Requirements, the Tests on Completion shall be carried out in the following sequence: (a) pre-commissioning tests, which shall include the appropriate inspections and (“dry” or “cold”) functional tests to demonstrate that each item of Plant can safely undertake the next stage; (b) commissioning tests, which shall include the specified operational tests to demonstrate that the Works or Section can be operated safely and as specified, under all available operating conditions; and (c) trial operation, which shall demonstrate that the Works or Section perform reliably and in accordance with the Contract During trial operation, when the Works are operating under stable conditions, the Contractor shall give notice to the Engineer that the Works are ready for any other Tests on Completion, including performance tests to demonstrate whether the Works conform with criteria specified in the Employer’s Confidential PCC - 19/24 Version “5” Hanoi Pilot Light Metro Line Section Nhon-Hanoi Railway Station Ref GCC Contract Package HPLML/CP-02 Part III -Chapter III-2 Particular Conditions of Contract Subject Data Requirements and with the Schedule of Guarantees Trial operation shall not constitute a taking-over under Clause 10 [Employer’s Taking Over] Unless otherwise stated in the Employer’s Requirements, any product produced by the Works during trial operation shall be the property of the Employer In considering the results of the Tests on Completion, the Engineer shall make allowances for the effect of any use of the Works by the Employer on the performance or other characteristics of the Works As soon as the Works, or a Section, have passed each of the Tests on Completion described in sub-paragraph (a), (b) or (c), the Contractor shall submit a certified report of the results of these Tests to the Engineer 9.5 Temporary Acceptance of the Works Add new Sub-Clause: In the case of external interfaces all Temporary Acceptance of the works documents will be issued to all involved parties under the management of the Engineer The Temporary Acceptance of the works process shall be managed by the Engineer as detailed in the Engineer Interface management procedure 9.6 Trial Operation Add new Sub-Clause: The objectives of the Trial Operation are: - To demonstrate that the availability targets of the Metro system are achieved if not demonstrated during performance tests; - Operate the complete system as though it is in passenger service in strict accordance with all operation and maintenance policies and procedures except that no passengers other than the Contractor, the Employer’s authorized personnel, shall be transported During the Trial Operation, the Employer will test its own organization, test and optimize the liaison operating procedures with Public Authorities, and perform drill rehearsals as required, assisted by such Contractor’s staff as may be required Clause 11 Defects liability 11.7 Right of Access Insert the following statement above Sub-Clause 11.1: Articles 29 and 30 of Vietnamese Decree No 209/2004/ND-CP Quality Management of Construction Works shall only apply as reviewed by the Engineer and approved by the Employer at the request of the Contractor Delete existing sub-clause and insert the following new sub-clause: Until the Performance Certificate has been issued, the Contractor shall have right of access to all parts of the Works and to records of the operation and performance of the works, except as may be inconsistent with the Employer’s reasonable security restrictions 13.3 Variation procedure Insert the following paragraphs at the start of the Sub-Clause: “Employer’s Variation” means a change in the Employer's Requirements which makes necessary alteration or modification of the Design, quality or scope of Works as described by or referred to in the Employer's Requirements Changes to any sequence, method or timing of construction, manufacture or installation and changes to any part of the Site or the Works Areas or access thereto will not constitute Employer's Variation An Employer's Variation shall be requested and implemented in accordance with and subject to, the following provisions: Confidential PCC - 20/24 Version “5” Hanoi Pilot Light Metro Line Section Nhon-Hanoi Railway Station Ref GCC Contract Package HPLML/CP-02 Part III -Chapter III-2 Particular Conditions of Contract Subject Data (a) within 14 days (or such other period as the Engineer may allow) of the Engineer informing the Contractor in writing of the intention to request an Employer's Variation, the Contractor shall notify the Engineer in writing whether in his opinion the Employer's Variation would, if ordered: (i) give rise to any entitlement to an extension of time; or (ii) affect the achievement of any Key Date; or (iii) give rise to any entitlement to additional payment; or (iv) affect the guarantees of the Contractor set out in Clause 4.2 of Particular Conditions of Contract and shall submit his proposals as to the terms upon which he would agree to implement the Employer's Variation (b) any agreement between the Engineer and the Contractor as to the terms upon which an Employer's Variation may be implemented shall have no contractual or other legal effect, until it is in writing and is signed by the Contractor and the Employer The terms of this agreement will be binding upon the Contractor and the Employer This agreement shall determine the amount which should be added to or deducted from the relevant Price Amount and/or the revisions (if any) which should be made to the Bills of Quantity as a result of the Variation In assessing work covered by any sub-contract, the Engineer will have, where he deems necessary, access to the original sub-contract conditions, rates, prices and details of the variation claimed, to assist in evaluating any Variations (c) if the Engineer and/or the Employer’s Representative withdraw(s) the request for an Employer's Variation, the Contractor shall have no claim of any kind whatsoever arising out of or in connection with any of the proposals made or any failure to reach agreement In case the Employer’s Variation involves omission of part of the Works, the agreement shall address the issue of reduction in the Contract Price Provisional Sums 13.5 Add at the beginning of this Sub-clause: The items of Provisional Sums are included in the Schedule of Provisional Sums forming part of the Pricing Document These items may be expanded or omitted in whole or in part as required by the Employer and the Contractor shall not have any claim in respect thereof 13.8 Adjustment for changes in Cost Insert these two additional paragraphs at the start of the sub-clause: This sub-clause will not be applicable for the first 12 months period after the Date of Commencement except in case of abnormal fluctuations in cost elements advised by Government order The Accepted Contract Amount shall be deemed to include amounts to cover the contingency of rises and falls in cost for this 12 month period Commencing at the end of this 12 month period, adjustments for fluctuations in cost elements will be made every six months or, in case of abnormal fluctuations, as advised by Government order, made for rises or falls in the cost of labour, Goods and other inputs to the Works Replace the paragraphs of the Formulae in this sub-clause by the following paragraphs: The Price Adjustment shall be included in the Interim Payment Certificate issued monthly and should be determine fro formula for each of the currencies in which the Contract Price is payable Adjustment shall be Confidential PCC - 21/24 Version “5” Hanoi Pilot Light Metro Line Section Nhon-Hanoi Railway Station Ref GCC Contract Package HPLML/CP-02 Part III -Chapter III-2 Particular Conditions of Contract Subject Data applied on the work volume completed and tested during the period from previous Interim Payment Certificate to the one to be issued at the end of the period considered Price adjustment should be calculated by using the following formula: Gn= Pn x Go In which: • Gn: is payment value of the work carried out which has been taken over during the six-month period “n” • Go: is corresponding price in the signed contract which is relevant to the above work carried out in the period “n” • Pn: is adjustment multiplier shall be calculated as follows: Pn = a + b Ln E M +c n +d n Lo Eo Mo In which: o a: fixed coefficient is 15%; o b; c; d: are weight coefficients of labour, construction equipment and material expense components a+ b+ c+ d = These coefficients shall be proposed in the “table of adjustment data” by the Bidder in his Bid and according BDS They shall be negotiated between the Employer and successful Bidder during the contract negotiation to be agreed o Mo, Mn: the basic price index (or reference price) and price index (or reference price) of materials stipulated on the Base Date and in the six-month period “n” o Lo, Ln: the basic price index (or reference price) and price index (or reference price) of labour stipulated on the Base Date and in the six-month period “n” o Eo, En: the basic price index (or reference price) and price index (or reference price) of construction equipment (including fuel cost) stipulated on the Base Date and in the six-month period “n” The Bidder shall also indicate the data of price indices or reference prices in the Table of adjustment data provided in the Bidding Forms (Chapter I-4) Method of determination of price indices (or reference prices) for the each six month-period, the average index (or price of the monthly price indices or reference prices) of the last six-month period shall be applied to the next sixmonth period In case that the Contractor fails to complete the works item within the planned schedule , adjustment price thereafter shall be made by using either (i) each index or price application on the initial six month-period scheduled, or (ii) the index or price of current six month-period, whichever is more favourable to the Employer 14.4 Schedule of Payments See also Sub-Clause 14.4 - Part A – Contract Data of this Chapter Add the following new paragraph at the end of this sub-clause: 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 the portion of the Confidential PCC - 22/24 Version “5” Hanoi Pilot Light Metro Line Section Nhon-Hanoi Railway Station Ref GCC Contract Package HPLML/CP-02 Part III -Chapter III-2 Particular Conditions of Contract Subject Data invoice not under dispute Corrupt or Fraudulent Practices 15.6 Replace the last paragraph by: For the purposes of this sub-clause: (a) “corrupt practice” means the offering, giving, receiving, or soliciting, directly or indirectly, anything of value to influence improperly the actions of another party; (b) “fraudulent practice” means any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation; (c) “collusive practice” means an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party; (d) “coercive practice” means impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party; (e) "obstructive practice" is (f) 17.5 Intellectual and Industrial Property Rights (aa) deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Bank investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or (bb) acts intended to materially impede the exercise of the Agency’s inspection and audit rights provided for under the Contract “public official” means any person holding a legislative, administrative, managerial, political or judicial post in any country, or exercising any public function in any country; or a director or employee of a public authority or of a legal person controlled by a public authority of any country; or a director or official of a public international organisation Delete the fourth paragraph and replace with: The Contractor shall indemnify and hold the Employer harmless against and from any other claim which arises out of or in relation to (i) the Contractor’s design, manufacture, use, sale or import of any goods, construction or execution of the Works; (ii) the use of the Contractor’s Equipment; or (iii) the proper use of the Works 17.6 Limitation of Liability Add at the end of the second paragraph: The Accepted Contract Amount provided that this limitation shall not apply to the cost of repairing or replacing defective equipment 17.7 Use of the Employer’s In the first paragraph delete the word “Specification” and replace with “Employer’s Requirements” Confidential PCC - 23/24 Version “5” Hanoi Pilot Light Metro Line Section Nhon-Hanoi Railway Station Ref GCC Contract Package HPLML/CP-02 Part III -Chapter III-2 Particular Conditions of Contract Subject Data Accommodation /Facilities 18.1 General Requirements for Insurances Add the following paragraph at the beginning of the sub-clause: In this sub-clause, the Employer shall be the Insuring Party for the Permanent Works insurance, the Contactor shall be the Insuring Party for the other insurances such as: - Insurances for the Temporary Works and the Contractor’s equipment; - Insurance for the Third Party; - Insurance for Contractor’s personnel; and - Other compulsory insurances according to the Vietnamese regulations Any insurance under the Contract shall be bought from insurance companies licensed to business in Vietnam To be added at the end of the clause: The insurance contract shall necessarily include a clause prohibiting the termination of the insurance contract in force without the prior notice to the “Employer” If the Defect notification period is deferred for any reason, the Contractor is required to extend the insurance contract until the new date required The Contractor should also undertake to notify the “Employer” promptly of any difficulty in extending, renewing or reinstating insurance contracts 18.5 Professional insurance Insert new Sub-Clause: The Contractor shall put into force a Professional Indemnity Insurance, which shall cover the risk of professional negligence, error or omission in the design and construction of the Works, the breach of duty and civil liability This insurance shall be for a limit not less than the total Contract Amount including all additional works The Contractor shall maintain the Professional Indemnity Insurance in full force and effect until the issuing of the Performance Certificate The Professional Indemnity Insurance should cover: • All the recognized losses or damages for which the Contractor is liable arising from a cause occurring prior to the issue of the Taking Over Certificate; and • All recognized losses and damages arising from cause occurring during the operations described in this Clause 11 End of Chapter III-2 Confidential PCC - 24/24 Version “5” HANOI PILOT LIGHT METRO LINE Section Nhon - Hanoi Railway Station Contract Package HPLML/CP-02 Elevated Stations Chapter III-3 Contract Forms Hanoi Pilot Light Metro Line Section Nhon-Hanoi Railway Station Contract Package HPLML/CP-02 Part III -Chapter III-3 Contract Forms Chapter III-3 – Contract Forms This Chapter contains forms which, once completed, will form part of the Contract The forms for Performance Security and Advance Payment Security, when required, shall only be completed by the successful Bidder after contract award TABLE OF FORMS Letter of Acceptance Contract Agreement Performance Security Advance Payment Security Confidential COF - 2/9 Version “5” Hanoi Pilot Light Metro Line Section Nhon-Hanoi Railway Station Contract Package HPLML/CP-02 Part III -Chapter III-3 Contract Forms Letter of Acceptance [on letterhead paper of the Employer] [date] To: [Name and address of the Contractor] Subject: [Notification of Award Contract No.] This is to notify you that your Bid dated [date] for execution of the [name of the contract and identification number, as given in the Contract Data] for the Accepted Contract Amount of the equivalent of [amount in numbers and words and name of currency] , as corrected and modified in accordance with the Instructions to Bidders is hereby accepted by our Agency You are requested to furnish the Performance Security within 28 days in accordance with the Conditions of Contract, using for that purpose the of the Performance Security Form included in the Chapter III.3 -Contract Forms of the Bidding Document Authorized Signature: Name and Title of Signatory: Name of Agency: Attachment: Contract Agreement “Confidential” COF - 3/9 Version “5” Hanoi Pilot Light Metro Line Section Nhon-Hanoi Railway Station Contract Package HPLML/CP-02 Part III -Chapter III-3 Contract Forms Contract Agreement THIS AGREEMENT made the [day] of [month] ., [year] ., between [name of the Employer] (hereinafter “the Employer”), of the one part, and [name of the Contractor] .(hereinafter “the Contractor”), of the other part: WHEREAS the Employer desires that the Works known as [name of the Contract] .should be executed by the Contractor, and has accepted a Bid by the Contractor for the execution and completion of these Works and the remedying of any defects therein, 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 Contract documents referred to The following documents shall be deemed to form and be read and construed as part of this Agreement This Agreement shall prevail over all other Contract documents (a) The Letter of Acceptance; (b) The Letter of Bid; (c) The Addenda Nos [insert addenda numbers if any] .; (d) The Particular Conditions – Part A; (e) The Particular Conditions – Part B; (f) These General Conditions; (g) The Employer’s Requirements; (h) The Works Programme Requirements; and (i) The Contractor’s Proposal and any other documents forming part of the Contract In consideration of the payments to be made by the Employer to the Contractor as indicated in this Agreement, the Contractor hereby covenants with the Employer to execute the Works and to remedy defects therein in conformity in all respects with the provisions of the Contract The Employer hereby covenants to pay execution and completion of the Works the Contract Price or such other sum provisions of the Contract at the times Contract “Confidential” the Contractor in consideration of the and the remedying of defects therein, as may become payable under the and in the manner prescribed by the COF - 4/9 Version “5” Hanoi Pilot Light Metro Line Section Nhon-Hanoi Railway Station Contract Package HPLML/CP-02 Part III -Chapter III-3 Contract Forms IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the laws of [name of the borrowing country] on the day, month and year indicated above Signed by Signed by for and on behalf of the Employer for and on behalf of the Contractor in the presence of in the presence of Witness, Name, Signature, Address, Date “Confidential” Witness, Name, Signature, Address, Date COF - 5/9 Version “5” Hanoi Pilot Light Metro Line Section Nhon-Hanoi Railway Station Contract Package HPLML/CP-02 Part III -Chapter III-3 Contract Forms Performance Security [Bank’s Name, and Address of Issuing Branch or Office] ……… Beneficiary: [Name and Address of Employer]………… Date:……………………………………… Performance Guarantee No.: ……………………………………………………………………………… We have been informed that [Name of the Contractor] (hereinafter called "the Contractor") has entered into Contract No [reference number of the Contract] dated with you, for the execution of [Name of contract and brief description of 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 Contractor, we [Name of the Bank] hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of [Name of the currency and amount in figures*] ( [amount in words] ) such sum being payable in the types and proportions of currencies in which the Contract Price is payable, upon receipt by us of your first demand in writing accompanied by a written statement stating that the Contractor is in breach of its obligation(s) under the Contract, without your needing to prove or to show grounds for your demand or the sum specified therein This guarantee shall expire, no later than the [Day] of [Month] , [Year]**., and any demand for payment under it must be received by us at this office on or before that date This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No 458, except that subparagraph (ii) of Sub-article 20(a) is hereby excluded Seal of Bank and Signature(s) “Confidential” COF - 6/9 Version “5” Hanoi Pilot Light Metro Line Section Nhon-Hanoi Railway Station Contract Package HPLML/CP-02 Part III -Chapter III-3 Contract Forms Note: All italicized text is for guidance on how to prepare this demand guarantee and shall be deleted from the final document * The Guarantor shall insert an amount representing the percentage of the Contract Price specified in the Contract and denominated either in the currency(ies) of the Contract or a freely convertible currency acceptable to the Employer ** Insert the date twenty-eight days after the expected completion date The Employer should note that in the event of an extension of the time 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 In preparing this guarantee, the Employer might consider adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months][one year], in response to the Employer’s written request for such extension, such request to be presented to the Guarantor before the expiry of the guarantee.” “Confidential” COF - 7/9 Version “5” Hanoi Pilot Light Metro Line Section Nhon-Hanoi Railway Station Contract Package HPLML/CP-02 Part III -Chapter III-3 Contract Forms Advance Payment Security ……… …[Bank’s Name, and Address of Issuing Branch or Office]………………… Beneficiary: …… ……Name and Address of Employer …………………………… Date:……………………………………………… Advance Payment Guarantee No.: ………………………………………… We have been informed that [Name of the Contractor] (hereinafter called "the Contractor") has entered into Contract No [reference number of the Contract] dated with you, for the execution of [Name of contract and brief description of Works] (hereinafter called "the Contract") Furthermore, we understand that, according to the Conditions of the Contract, an advance payment in the sum [Name of the currency and amount in figures*] ( [amount in words] ) is to be made against an advance payment guarantee At the request of the Contractor, we [name of the Bank] hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of [Name of the currency and amount in figures*] ( [amount in words] ) upon receipt by us of your first demand in writing accompanied by a written statement stating that the Contractor is in breach of its obligation under the Contract It is a condition for any claim and payment under this guarantee to be made that the advance payment referred to above must have been received by the Contractor on its account number [Contractor’s account number] at [Name and address of the Bank] The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment repaid by the Contractor as indicated in copies of interim statements or payment certificates which shall be presented to us This guarantee shall expire, at the latest, upon our receipt of a copy of the interim payment certificate indicating that eighty (80) percent of the Contract Price has been certified for payment, or on the day of , **, whichever is earlier Consequently, any demand for payment under this guarantee must be received by us at this office on or before that date This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No 458 Seal of Bank and Signature(s) “Confidential” COF - 8/9 Version “5” Hanoi Pilot Light Metro Line Section Nhon-Hanoi Railway Station Contract Package HPLML/CP-02 Part III -Chapter III-3 Contract Forms Note: All italicized text is for guidance on how to prepare this demand guarantee and shall be deleted from the final document * The Guarantor shall insert an amount representing the amount of the advance payment denominated either in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible currency acceptable to the Employer ** Insert the expected expiration date of the Time for Completion The Employer should note that in the event of an extension of the time 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 In preparing this guarantee, the Employer might consider adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months][one year], in response to the Employer’s written request for such extension, such request to be presented to the Guarantor before the expiry of the guarantee.” End of Chapter III-3 “Confidential” COF - 9/9 Version “5” ... the case that the Employer cannot settle the petition or the Bidder doesn’t agree with the Employer’s settlement, the Bidder can send the petition to the higher relative Authorities for consideration... envelopes that are opened and read out at bid opening shall be considered further 25.3 All other envelopes shall be opened one at a time, reading out: the name of the Bidder and whether there... offers; and the presence or absence of a bid security, if one was required The Bidders’ representatives who are present shall be requested to sign the record The omission of a Bidder’s signature