Contract agreement a8

Contract AgreementTHIS AGREEMENT made the.. .day of November, 2009, between Vietnam Expressway Corporation hereinafter called “the Employer”, of the one part, and Vietnam Construction &

Contract Agreement

THIS AGREEMENT made the day of November, 2009, between Vietnam Expressway Corporation (hereinafter called “the Employer”), of the one part, and Vietnam Construction & Import Export Joint Stock Corporation - VINACONEX (hereinafter called “the Contractor”), of the other part:

WHEREAS the Employer demands construction of Package A8 of Noi Bai – Lao Cai

Highway Project – Scope of Works from Km 218+040 to Km 244+155, and has accepted

a Bid by the Contractor for the execution and completion of these Works meeting the required quality and progress and the remedying of defects pursuant to provisions in Bidding Documents (if any)

The Employer and the Contractor agree as follows:

1 In this Agreement, words and expressions shall have the same meanings as are respectively assigned to them in the Contract documents referred to

2 The Contract is made for purposes of supply, construction, installation, commissioning and warranty the following work: Package A8 – Civil Works – from Km 218+040 to Km 244+155 under Noi Bai – Lao Cai Highway Project with total length of 26.115 km, goes through Lao Cai province Scope of works must be executed comfortably with Contract documents listed in Provision 3 below

3 The following documents shall be deemed to form and be read and construed as part of this Agreement and shall be applied in the following priority order This Agreement shall prevail over all other Contract documents:

a Minutes of Contract Negotiation;

b Approval Documents of MOT, VEC and ADB for Bidding evaluation of Package A8 under Noi Bai – Lao Cai Highway Project;

c The Letter of Acceptance;

d The Addendum of Bidding Documents;

e The Particular Conditions;

f The General Conditions;

g Technical Specifications;

h The Drawings; and all of other parts in the Bidding Documents;

i The Contractor’s Bidding Documents and relevant clarified documents;

j The other documents related to the Package A8;

4 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

5 Contract Price was calculated basing on unit prices, lump sum items and provisional sum items and quantity of included items in Bill of Quantities and Unit Price Table, which was agreed to:

Contract Price included Contingency, taxes and fees: VND 1,627,131,089,727

[One Trillion, Six hundred twenty seven Billion, One hundred thirty one Million, Eighty nine Thousand, Seven hundred twenty seven Vietnam Dong only]

Consist of: Contract Price without Contingency: VND 1,291,373,880,736

[One Trillion, Two hundred ninety one Billion, Three hundred seventy three Million, Eight hundred eighty Thousand, Seven hundred thirty six Vietnam Dong only]

Contingency of 26%: VND 335,757,208,991 [Three hundred thirty five Billion, Seven hundred fifty seven Million, Two hundred and eight Thousand, Nine hundred and ninety one Vietnam Dong only]

Contract Price can be changed in accordance with provisions and conditions of Contract Documents All of Payments which use Contingency are carried out (if any) only when the Employer approve

6 Type of Contract: Unit Price

7 The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the Works and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract

8 Contract term is construction period (40 months) and work warranty period (730 days) under provisions of Bidding Document

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the laws of Vietnam on the day, month and year indicated above

Representative of the Contractor

Mr Nguyen Ngoc Diep

Deputy General Director

Representative of the Employer

Mr Tran Xuan Sanh General Director