hanoi – december 2010 vien-lao cai railway...line from yen vien station in the northern suburbs of...

MINISTRY OF TRANSPORT VIETNAM RAILWAYS

RAILWAY PROJECTS MANAGEMENT UNIT

YEN VIEN – LAO CAI RAILWAY UPGRADING PROJECT KUNMING-HAI PHONG TRANSPORT CORRIDOR

ADB LOAN No. 2302-VIE and AFD LOAN No. CVN 6006 01

REQUEST FOR EXPRESSION OF INTEREST FOR

CONSULTING SERVICE (CS2) CONSTRUCTION SUPERVISION FOR CP2, CP3 AND RP2

HANOI – DECEMBER 2010

2

Table of Content

PART A – INVITATION FOR EXPRESSION OF INTEREST ........................................................ 3 PART B – INSTRUCTIONS TO APPLICANTS .............................................................................. 5

1. Eligibility of Applicants ......................................................................................................... 5 2. Submission of Application for Expression of Interest (EOI) ............................................... 5

2.1 Expenses for Application for EOI ................................................................................ 5 2.2 Clarification of the Requests for EOI .......................................................................... 5 2.3 Amendment of Requests for EOI ................................................................................ 5 2.4 Language of Application for EOI ................................................................................. 5 2.5 Contents of Application for EOI .................................................................................. 5 2.6 Form and the Legal Signatures in Application for EOI ............................................... 5 2.7 Seal and marking on the envelope of Application for EOI.......................................... 5 2.8 Address of Procurement Entity ................................................................................... 5

3. Application Forms ............................................................................................................... 6 4. Evaluation Criteria ............................................................................................................... 6

4.1 General ........................................................................................................................ 6 4.2 Evaluation Criteria ....................................................................................................... 6

PART C –APPLICATION FORMS .................................................................................................. 8

3 PART A – INVITATION FOR EXPRESSION OF INTEREST

INVITATION For

EXPRESSION OF INTEREST (EOI)

The Government of Socialist Republic of Viet Nam has received loans from the Asian Development Bank (ADB) and the French Development Agency (AFD) towards the cost of the GMS Kunming - Haiphong Transport Corridor: Yen Vien-Lao Cai Railway Upgrading Project (the Project). Part of the proceeds from these loans will be applied to payments for Consulting service (CS2) “Construction Supervision for CP2, CP3 and RP2” for which this Invitation for Expressions of Interest is issued. The Executing Agency, Vietnam Railways (VNR) intends to rehabilitate about 285 km of railway line from Yen Vien station in the northern suburbs of Hanoi to Lao Cai on the border with the People's Republic of China (PRC). The rehabilitation works will include rehabilitation of the existing railway line including construction of new bridges, intermediate stations, and passing loops, and upgrading of stations, track works, bridges, culverts, and associated structure works. Vietnam Railways (hereinafter referred to as “the Employer”) through its Project Implementing Agency, Railway Projects Management Unit (RPMU) (hereinafter referred to as “The Procurement Entity”) is planning to engage a qualified international consulting firm supported by national consultants to carry out the services that will include construction supervision, environmental monitoring and supervision, monitoring and evaluation of safeguard aspects for Construction Package 2 (from Km144 to Km230), Construction Package 3 (from Km231 to Km296) and Rails Procurement Package of the Project. The consulting services contract is expected to commence in April 2011 and will continue for approximately 44 months. The maximum budget for the consulting services is US$5.5 million (including contingencies). The Procurement Entity now invites eligible consultants to indicate their interest in providing these services. Interested consultants must provide information indicating that they are qualified to perform the services (brochures, description of similar assignments, experience in similar conditions, availability of appropriate skills among staff, etc) as requested in the EOI. Consultants may associate with other firms to enhance their qualifications. The Consultant will be selected in accordance with Quality- and Cost-Based Selection (QCBS) procedures set out in the Guidelines on the Use of Consultants by Asian Development Bank and Its Borrowers (April, 2010). Full technical proposals will be required. The deadline for the submission of Expressions of Interest (EOI) is at 2.00 PM (Hanoi time) on February 9th, 2011 to the address below. Late submissions will not be accepted. Only consulting firms that have been shortlisted will be invited to submit a proposal for the Project's consulting services. The names and addresses of short-listed firms will be published in ADB's website. Further

4

information from background documents can be obtained from the RPMU at the address below. Railway Projects Management Unit 2nd Floor, 107 Tran Hung Dao Street Hoan Kiem District, Hanoi, Vietnam. Tel.: (84-4) 39420145/39426703 Fax: (84-4) 39420144 E-mail: [email protected]

Tran Quoc Dong Director Railway Projects Management Unit

5 PART B – INSTRUCTIONS TO APPLICANTS

1. Eligibility of Applicants The Applicant (s) is eligibility if they from ADB member countries. However, the eligible of Applicants is also evaluated basing on paragraphs 1.10, 1.11, 1.13 of the “Guidelines on The Use of Consultants by Asian Development Bank and Its Borrowers” which is announced broadly and free of download on ADB’s website “http://www.adb.org/Documents/Guidelines/Consulting/default.asp” 2. Submission of Application for Expression of Interest (EOI) 2.1 Expenses for Application for EOI Preparation and submission of applications are responsibility of Applicants. All expenses for preparation and submission of applications shall be born by the Applicants. 2.2 Clarification of the Requests for EOI The Applicants who requires clarification of the Requests for Expression of Interest shall submit their request in writing to the Procurement Entity for consideration and response not later than 7 (seven) days prior to application opening. The Procurement Entity shall send clarification letter to all applicants who registered and received Requests for Expression of Interest. The clarification letter shall form an integral part of the Requests for Expression of Interest 2.3 Amendment of Requests for EOI At any time, the Procurement Entity preserves the right to modify the Requests for Expression of Interest. Requests for Expression of Interest amendment shall be sent by mail or fax to all Applicants who registered and received Requests for Expression of Interest and other related parties. Applicant must confirm in writing of his receiving of the Requests for Expression of Interest amendment. 2.4 Language of Application for EOI All documents and communication relating to the short-listing shall be in English. 2.5 Contents of Application for EOI Contents of Application for Expression prepared by Applicants should contain the following: Letter of Application (following the Form 1) All the form filled with sufficient information conformed to the requirements in the Part B – Instruction to Applicants and Part C – Application Forms. The evidence to prove the eligibility and experience of the Applicants as requirements in this Request for EOI. 2.6 Form and the Legal Signatures in Application for EOI The Applicant shall prepare their application for EOI in English and submit 4 (four) sets consisting 1 (one) original and 3 (three) copies. All pages of Application for EOI included all annexes and references must be numbered progressively and have to be signed by the person who judicially has authority to sign. 2.7 Seal and marking on the envelope of Application for EOI The Application for EOI must be submitted and received in sealed envelopes which must be delivered by hand or by courier to the procurement Entity’s address. The envelopes must be clearly marked “Application for Expression of Interest for Construction Supervision Consulting Services (SC2) for the Yen Vien – Lao Cai Upgrading Project” The name and mailing address of the Applicant shall be clearly identified on the envelopes; and 4 sets of the Application for EOI shall also be identified on the envelopes, as “Original”, “Copy” 2.8 Address of Procurement Entity The Application for EOI must be submitted and received in sealed envelopes which must be delivered by hand or by courier to the following address:

Project Implementation Department No.4, Railway Projects Management Unit 2nd Floor, 107 Tran Hung Dao Street Hoan Kiem District, Hanoi, Vietnam.

6 Tel.: (84-4) 39420145/39426703 Fax: (84-4) 39420144 E-mail: [email protected]

Not later than 2.00 PM (Hanoi time) on February 9th, 2011.

3. Application Forms Form 1: Letter of Application Form 2: Eligibility of Applicants Form 3: Management competence Form 4: Technical competence Form 4.1: Project sheets Form 5: Geographical competence

4. Evaluation Criteria 4.1 General

The Evaluation Criteria has been established following the guideline of ADB in order to set up a shortlist of Consultants for bidding open of the CS2. The Applications shall be evaluated by two steps: Step 1 - Eligibility of Applicants: this is a pass/fail criterion. Step 2 – Experience evaluation: Criteria for experience will be assigned by score.

4.2 Evaluation Criteria Step 1 – Evaluation of Eligibility of the Applicants

No. Criteria

1.1 The Applicant must have eligibility nationality and conditions as stipulated in the item 3, Part B – Instruction to Consultants

1.2 The Application for EOI must prepare in English and submit 1 original and 3 copies. All pages must be signed by the person who judicially has authority to sign.

1.3 An independent Applicant or a member of a joint venture/association must participate in only one application for the package.

1.4 Understanding of the terms of reference (TOR)

1.5

Any involvement by the firm, association or joint venture or any part-time or full-time experts employed, in preparing the TOR will result in disqualification from short-listing and/or participation in such follow-on assignment

1.6 Recent satisfactory contracts/experience Note:

- Only consultant firms who pass all criteria in step 1 shall be evaluated in the next step.

- Criterion 1.6 shall be evaluated on basic of information on satisfactory completion of contracts/experience within the last 5 years (since 2005).

Step 2 – Evaluation of Experience of the Applicants

No Description Score

2.1 Management Competence: 20 2.1.1 Background and experience of senior management

relevant to the TOR 10

7

2.1.2 Proposed management coordination 5

2.1.3 Proposed quality control 5

2.2 Technical Competence: 60

2.2.1 Experience in construction supervision of projects in the fields of rehabilitation, upgrading, maintenance and/or newly construction of railway infrastructure (embankment, track works, bridges, culverts, station and associated structures and facilities) within the last ten (10) years (since 2000)

40

2.2.2 Experience in ADB procedure within the last five (5) years (since 2005) 20

2.3 Geographical Competence: 20

2.3.1 Experience in tropical countries within the last ten (10) years (since 2000). 10

2.3.2 Experience in Vietnam within the last ten (10) years (since 2000). 5

2.3.3 Having permanence/ local office in Viet Nam. 5

Note:

Experience qualification: Only Applicants who have at least 60 points as evaluated according to Step 2 is qualified and shall be examined in the next step

Shortlist shall comprise six (6) firms with a wide geographic spread (i.e., Europe, America, Asia and Pacific Rim) with no more than two firms from any one country and at least one firm from a developing member countries (DMC), unless no qualified DMC firm has expressed interest.

The minimum value requirement of consulting services contracts in 2.2 and 2.3 is three (3) million US$.

In case applicants submit EOI as Joint-Venture (JV):

Evaluation shall be made separately for each member for eligible criterion and if one member is ineligible then the JV shall be disqualified.

Criteria 2.1, 2.2 and 2.3: Competences of JV will be evaluated basing on experiences of each partner in which 65% of weighting shall be applied for Lead firm, 35% for partners.

In case applicants submit EOI as Associate: Only lead firm shall be evaluated.

8

PART C –APPLICATION FORMS

9 FORM 1

LETTER OF APPLICATION Date:..................................................................... To: Railway Projects Management Unit (RPMU) Vietnam Railways

2nd Floor, 107 Tran Hung Dao Street Hoan Kiem District, Hanoi, Vietnam. Tel.: (84-4) 39420145/39426703 Fax: (84-4) 39420144 E-mail: [email protected]

Ladies and/or Gentlemen, 1. Being duly authorized to represent and act on behalf of...................................................... (hereinafter referred to as “the Applicant”), and having reviewed and fully understood all of the information provided, the undersigned hereby apply to be short-listing by yourselves for the Shortlist of the Consulting service CS2 for the Yen Vien – Lao Cai upgrading Project. 2. For the purposes of short-listing, we advise of the following: Name of Applicant:................................................................ Head office:........................................................................ Address:............................................................................. Tel./Fax:............................................................................

Email:.............................................................................. Representative Office in Vietnam Address:.............................................................................

Tel./Fax:............................................................................ Email:..............................................................................

3. The undersigned declare that the statements made and the information provided in the duly completed application are complete, true and correct in every detail. Signed Name: ................................... For and on behalf of (name of Applicant or Partner)

10 FORM 2

ELIGIBILITY OF APPLICANT

Declaration

We hereby declare that:

(i) we have read the advertisement, including the terms of reference (TOR), for this assignment;

(ii) we have not been engaged to prepare such TOR as a firm, association, or joint venture; and

(iii) no full-time or part-time or contracted expert employed by our firm, association, or joint venture has been engaged to prepare such TOR.

We further confirm that, if any of one or more of our experts is engaged to prepare TOR for any ensuing assignment as part of our work product under the assignment to which this advertisement relates, our firm and any such expert(s) will be disqualified from short-listing and/or participation in such follow-on assignment.

Lead Firm CMS Registration Number: Signed by: Position :

Associate/Partner 1 CMS Registration Number:

Signed by: Position :

Associate/Partner 2 CMS Registration Number:

Signed by: Position4 :

11 FORM 3

MANAGEMENT COMPETENCE (Please answer each question in no more than 10 sentences)

a. Provide the name, qualifications and relevant experience of the lead firm’s director or manager who will assume overall responsibility for the firm’s, association’s or joint venture’s team coordination, management and output.

b. If you are proposing an association or a joint venture, outline the rationale for, and benefits to the assignment of, the arrangement.

c. If you are proposing an association, or a joint venture, outline proposed management coordination of the arrangement, including the role of each firm.

d. Does your firm/association/joint venture have standard policies, procedures or practices in place that promote quality in: the workplace, your interaction with clients, and the outputs you produce? If yes, describe briefly.

e. How will you ensure the quality of your firm’s/association’s/join venture’s performance over the life of this assignment? In case that the Consultant team assigned to this contract do not meet requirements, how will the headquarter office support them in order to ensure the quality and schedule of the consulting service?

f. Do you have any degree of in-house quality control (for example, if the firm adheres to requirements of the International Standards Organization or has an ethics code)

g. How will your firm/association/joint venture deal with any complaints concerning the performance of the staffs or the quality of the reports submitted for this consulting assignment? What internal controls are in place to address and resolve complaints?

12 FORM 4

TECHNICAL COMPETENCE

Narrative Descriptions With reference to the project sheets in Form 4.1, and in the context of the assignment’s TORs, summarize the relevant technical qualifications of your firm/association/joint venture (maximum of 2 pages).

13

FORM 4.1 PROJECT SHEETS

Indicate up to fifteen (15) reference projects from the past 10 years (since 2000) that the firm/association/joint venture feels are relevant. Project 1 of __

Project Name Name of Client Country Project location within Country Participation

As lead firm As associate firm

Value of Services (US$) Source of Financing Consultancy Services (i) No. of staff (ii) No. of person months Length of Consultancy Assignment Start Date (dd/mm/yyyy) Completion Date (dd/mm/yyyy) Name of Associate Firms (if any) No. of Person-Months of Professional Staff Provided by Associated Firm(s) Name of Senior Staff (Project Director/Coordinator, Team Leader) Involved and

Functions Performed Detailed Narrative Description of the Project Detailed Description of the Actual Services Provided by your Firm

14 FORM 5

GEOGRAPHICAL COMPETENCE

With reference to the project sheets in Form 4.1, outline the country /regional experience of the firm/association/joint venture (maximum of one half page).

15

SECTION 5

BACKGROUND INFORMATION AND TERMS OF REFERENCE

YEN VIEN TO LAO CAI RAILWAY UPGRADING TERMS OF REFERENCE FOR CONSTRUCTION SUPERVISION SERVICES FOR CONSTRUCTION PACKAGES 2, 3, 5, AND RAIL PROCUREMENT PACKAGE 2 A. INTRODUCTION 1. The project railway line forms part of the Hanoi to Lao Cai railway in the Kunming (PRC) to Haiphong transport corridor. The non-electrified single track meter gauge project line opened was constructed in the first decade of the 20th century. It traverses about 285 km in a generally north-westerly direction from Yen Vien station, near Hanoi, along the northern bank of the Red River to Lao Cai at the border with the PRC. The line crosses a varied terrain, including mountainous areas; connects a number of cities, towns, and industrial and residential areas; and carries substantial traffic (transit traffic between Hai Phong port and the PRC’s Yunnan province, bilateral trade between Viet Nam and the PRC, and domestic traffic, including from the apatite mine at Xuan Giao to the phosphate and chemical company near Tien Kien). The railway line also provides reliable and cheap passenger transport to the poor northern provinces. Rail services are popular, especially for tourists and locals visiting the mountainous region around Sa Pa, which is about 35 km from Lao Cai. 2. The alignment of the railway is characterized by tight curves; steep gradients; poor quality track, in particular lack of ballast; old and worn rail; insufficient track capacity at main stations; passing loops that are too short to accommodate full-length trains; and bridges that have deteriorated due to conflict, damage, corrosion, and steel fatigue, necessitating speed restrictions. Proximity to the Red River means that some sections of the railway embankment are subject to erosion and require regular embankment protection works to sustain stability. Operations and safety are further compromised by numerous unauthorized and unprotected level crossings along the unfenced right of way. The communications and signalling system require modernization and this will be achieved under another program. 3. The project line traverses 285 kms from Yen Vien station (Km 10+500) to Ho Kieu Bridge (Km 296+050) which forms the border with the PRC in Lao Cai. The project includes the approximately 10km long apetite freight line from Pho Lu station to Xuan Giao station. 4. The broad objectives of the upgrading project are to remove capacity constraints by improving operational efficiency, improving passenger and freight carrying capacity and improving safety. Meeting these objectives will: (i) facilitate trade and enable economic growth within and between northwestern Viet Nam and Yunnan province; (ii) facilitate access to and from Hai Phong port to Yunnan province, especially for container traffic; (iii) reduce transport costs; (iv) improve traffic safety; and (v) secure sufficient railway capacity to handle future traffic demand to 2020. B. Funding and Implementation Arrangements 5. The Government of Viet Nam (GoV) has entered into loan agreements with The Asian Development Bank (ADB) and the Agence Française de Développement (AFD) to fund i) project detailed design and preparation of bidding documents; ii) construction supervision services; and iii) construction. The ADB and AFD have entered into a co-financing agreement to provide these project funds.

16 6. The GoV has also entered into a loan agreement with the Government of France - Direction Générale du Trésor (DGT) to fund procurement of rails, track switches, and fittings. 7. The executing agency for the project is Viet Nam Railways (VNR) and the implementing agency is the Railway Project Management Unit (RPMU). VNR have 4 maintenance companies (termed Railway Public Utility Companies) who will be responsible for maintenance of the existing track and facilities during the railway upgrading works. 8. The upgrading works have been divided into the 3 construction packages and one package for supply of rails, turnouts and fish plates, as follows:- Package

Description

Location (km) Procurement Method

VNR Maintenance Company

From To

CP 1 Civil Works Construction 10.900 144.750

International Competitive Bidding

Vinh Phu & Ha Thai



Yen Lao



Yen Lao

CP5

Construction and fitting out of a new passenger terminal at Lao Cai

National Competitive Bidding

RP2

Supply of rails, turnouts, and fish plates, CIF to port of Haiphong

DGT Guidelines

9. The services described in these Terms of Reference relate to three components namely:-

a) Review of survey and designs for completeness for CP2 and CP3. b) For RP2, inspection and acceptance of rail, turnout and fish plates at the Port of

Haiphong and supervision of delivery arrangements to storage facilities on site. c) Construction supervision of CP2, 3 and 5.

C. Construction and Supply Contracts 10. Construction Packages 2 and 3 (CP2 & 3) have been the subject of detailed design and contract preparation by an international consultant. They will be subject to International Competitive Bidding under FIDIC conditions of contract. These CP’s comprise:-

a) Realignment of track. b) Slope protection works alongside sections of new and existing track. c) Rehabilitation of existing culverts and construction of new culverts along the

realigned sections of track. d) Treatment and strengthening of weak embankment. e) Construction of longitudinal drainage along the existing line and drainage alongside

the realigned sections. f) Renewal of the existing track including turnouts. g) Station improvement works including:

construction of a new station;

17 installing additional passing loops and supplementary facilities; extending the passing loops and installing supplementary facilities.

h) Rehabilitation and upgrading of the station buildings, platforms, access roads, warehouse and goods yards.

i) The repair and rehabilitation of existing bridges, and the construction of new bridges.

j) Safety improvements and upgrading works at railway crossings including: upgrading and rehabilitation of railway crossings, rehabilitation of and installation of additional safety signs; construction of collector roads and of fencing.

k) Installation of a new and upgraded signalling and telecommunication systems at stations.

11) Construction Package 5 (CP 5) has been the subject of design by a domestic architectural practice and will be subject to national competitive bidding using the ADB model contract for “Smaller Works”. The works comprise the construction and fitting out of a new passenger terminal at Lao Cai. 12) Rail Procurement Package 2 (RP2) comprises the supply of rail, turnouts and fastenings for CP2 and CP3. The country of origin of these materials will be France and pre-delivery quantity and quality inspection of the goods in the country of origin will be provided under the procurement contract. The goods will be shipped CIF in batches to the Port of Haiphong. On arrival a domestic freight forwarding company nominated by VNR will arrange for port and customs clearance and delivery to secure storage facilities on the site. The contractors for CP2 and for CP3 will then be responsible, under their contracts, for uplifting the goods and delivery to the works areas, as and when required. D. CONSULTANTS 13. A team of international and domestic consultants is required for the assignment. An international consultant, as the lead firm, will be selected in accordance with the “Guidelines on the Use of Consulting Services by the Asian Development Bank and its Borrowers” using the Quality and Cost-Based Selection (QCBS) method, with the submission of a Full Technical Proposal (FTP). 14. The Consultant will provide the services of domestic consultants through direct engagement of individual experts and/or through association arrangements of domestic consulting firm/s. In addition the Consultant will also provide technical and administrative support staff to adequately carry out the assignments. It is expected that 87 person-months of international consultants and around 676 person-months of domestic consultants, excluding administrative support staff, will be required during the project period of about 44 months, including the defects liability (maintenance) periods. E. Scope of Services: Review of Surveys and Designs. 15. The railway upgrading works were described in a project preparation technical assistance study conducted in 2006/2007, and detailed surveys and designs were then carried out in 2009/2010. The railway suffers continuous distress due to its age and poor condition of track, drainage and slopes. The purpose of this review is to check that the current surveys and designs, for upgrading, completely address the current condition of the railway at the time of commencement of construction. 16. In conjunction with a detailed site inspection carry out a pre-construction review of the

18 surveys and detailed design for all components of railway upgrading as included in the construction contracts. The purpose of the review is to confirm that the designs and surveys completely address current conditions on site. A design review report will detail any further design or survey works that are necessary to meet the objectives of upgrading the railway. Upon approval of the report by the RPMU, formulate and evaluate variation orders to the contracts to carry out additional survey and design work as necessary, and to execute the additional works. These services would be carried out at commencement of construction supervision and during the contractor’s mobilization period 17. The output of these services will be submission of a Survey and Design Review Report at the end of month 2 of the period of service. 18. Upon acceptance of the above report by the RPMU, prepare construction contract variation orders for the additional surveys and designs and constructions as require by the accepted report. 19. Supervise the additional surveys to be carried out by the contractors. Review the designs prepared by the contractors and recommend the designs to RPMU as being suitable for inclusion in the works. F. Scope of Services: Rail Procurement 20. The scope of services provides for the administration, supervision and certification of the rail procurement contract RP2 and of the domestic freight forwarding contract to deliver the goods to the sites of CP2 and CP3. The goods will arrive in batches CIF at the port of Haiphong. The services include:

i) Checking the suppliers and forwarders delivery schedules to ensure that it meets with the accepted contractors program for laying track and turnouts.

ii) On arrival at the port and following unloading checking the origin, types and quantities of goods in order to ensure that goods are fully compliant with the specifications; checking warranty conditions, shop drawings of rails, turnouts and related fastenings that same are fully compliant to the contract’s requirements; checking the adequacy of attached documents and related services: Quality Assurance Plan Report on inspections and tests of the Suppliers; instruction manual for storage, handling conditions, acceptance criteria on site for quality control, maintenance of goods; spare parts; identify the delivered goods by manufacturer’s references; state special conditions that may have an influence on quality of goods.

iii) Supervise for quality and safety of the goods in transit to amd in storage at the sites; supervise the handing over nominated freight forwarder and the construction contractors.

iv) Certify payment to the supplier for the quantity of goods delivered and accepted. v) Supervise for installation process of rails and turnouts at site, including: Checking the

quality and quantity of equipments before installation; Instruct the construction contractor on installation process of equipments in order to ensure that this installation process meets the requirements of the manufactures and the relevant European Standards.

G. Scope of Services: Construction Supervision Services for CP2, CP3, and CP5 21. The scope of the Construction Supervision Services include carrying out contract administration; constructions supervision; supervision of the quality assurance plan; monitoring of the environmental management plan; monitoring of the resettlement action plan; monitoring of the gender and the health and safety plans, monitoring of the HIV/AIDS and human trafficking awareness plans, review of project performance indicators; a project performance baseline study; and a completion of a performance monitoring report at the end of construction. 22 It should be noted that the railway upgrading works will take place while the line is

19 operational. It is anticipated that closure and unrestricted access to the track will be limited to 4 hours per working day. An important aspect of the construction supervision services will be to liaise closely with the railway operators, the railway maintenance unit, the RPMU, and the contractors to draw up time and location based schedules of unrestricted working, restricted working, and no working, together with formal protocols, agreed between the parties, of procedures for handing over track access to the contractor, and returning track access to the operator. The objective of this activity is to maximise safe track access to the contractor for carrying out the works, while ensuring necessary track maintenance access, and maintaining uninterrupted operation of the railway for passenger and goods trains. 23. Services to be provided by the Consultant include:-

(i) administration of the civil works contract as the Engineer and undertake the duties

of the Engineer and the Engineers’ Assistants, as defined in the contract documents, and as delegated by the Engineer;

(ii) ensure that the contractors topographical survey and cross sections to be used for

working drawings, as-built drawings and measurement purposes complies with the requirements of the specifications;

(iii) development of the interim and final measurement and payment systems;

establish a monitoring system for costs to date, costs to completion and price escalation; provide a system for the preparation of interim and final payment certificates; provide advice on the evaluation of all claims and extensions of time; provide advice on the preparation of variation orders, and of monitoring variation orders; establish a claims monitoring, evaluation and reporting system; assist and the RPMU on all matters pertaining to the Contract and to disputes;

(iv) day-to-day supervision of works on site by the provision of suitably qualified and

experienced site supervision staff; (v) review and approval of the Contractor’s Quality Assurance Plan, supervise and

monitor compliance with the plan including establishment of the contractors on-site laboratory, and calibration of all testing equipment;

(vi) Receipt and speedy response and approval of all contractors working drawings and shop drawings.

(vii) Identifying utility services (electricity, telecoms, water), if any, within the right-of-

way to be relocated as required.

(viii) Ensure compliance with the requirements of the Resettlement Action Plan and report in the quarterly progress reports any social problems with implementation of the plan together with recommendations for implementation of amelioration measures.

(ix) Ensure compliance with social impact mitigation requirements of the civil works contracts including health and safety; HIV/AIDS and human trafficking awareness; and the gender plan; and report any non-compliance in the quarterly progress reports.

(x) Provide advice to the Employer on procedures necessary to complete the works within the time and cost stated in the works contracts.

20 (xi) Prepare reports and provide assistance, as necessary and as required, to the

Disputes Board and during any subsequent arbitration procedures. (xii) Prepare an Inception Report, to be submitted within four weeks of commencement

of these services. The inception report shall include the following:- the consultants work plan to completion of the services; the consultants staff organisation, the consultants confirmation of all team nominees together with the submission of any curriculum vitae of replacement team members, for acceptance; the schedule of inputs and the team mobilization plan; a description of duties and responsibilities for each team member, including formal notification of duties designated to team members by the Engineer and by the Resident Engineers as required in the civil works Conditions of Contract; a schedule of submission of all reports required by these terms of reference; a template of the monthly progress and quarterly progress reports for approval; all observations on these terms of reference and suggestions of change (for approval) that would enable the consultant to discharge the services in a more efficient and expedient manner; a description of any difficulties, so far encountered, that may prevent or compromise the discharge of these services, together with a description of any actions that are deemed necessary to correct the described situation. The Inception report will provide the agreed baseline for all consultants’ activities, staffing, reporting and payments. This report is to be submitted as follows: 8 copies to the Employer, 2 copies to the ADB VRM, 2 copies to the AFD Delegation in Hanoi, and 2 copies to the DGT Delegation in Hanoi. This report submittal schedule applies to all previous and subsequent reports required by these terms of reference.

(xiii) Prepare Monthly and Quarterly Progress Reports to be submitted within ten days of the end of the preceding month, or within ten days of the preceding quarter. Every third progress report will be a quarterly report. The progress reports shall describe the progress of the consultants work plan, mobilization schedule, staff utilization, invoice submission and invoice payment, together with any problems that the consultant is experiencing in the discharge of his duties, together with corrective measures that will be applied in order to bring the work plan, staffing schedule and staff utilization back to those plans and schedules described and agreed after submission of the Inception Report. The progress reports will report on the agreed contractors and suppliers work plans and supply plans. The progress reports will reproduce these plans and demonstrate for each activity in the plan whether the activity is ahead of, on time, or behind the agreed plan. If behind, the progress report will detail all actions being taken and agreed with the RPMU and the Contractors/Suppliers to correct the anticipated slippage in the programs. The reports will notify all invoices submitted by the contractors and suppliers for payment in accordance with their contracts together with type of payment certificate, value of certificate, approval of amounts for payment, description of amounts withheld from payment and reasons for withholding, cumulative amounts of payments and cumulative amounts withheld pending further certification.

(xiv) Prepare quarterly reports to include the progress report contents as detailed above

but also a situation report on the monitoring and compliance with the various plans included in the civil works contracts, including the environmental action plan; the resettlement action plan; the gender plan; the health and safety plan, the HIV/AIDs awareness plan: and the human trafficking awareness plan.

(xv) Conducting monthly Contract Site Meetings, which are to be attended by the

Consultant, the Contractor’s Representative and the Employer; provide minutes of all meetings; attending and make presentations at progress coordination meetings and similar progress reviews; attending security meetings as necessary.

21

(xvi) For each contract provide the Employer with complete records, reports and assist the Contractor in the provision of “As Built” drawings for the contract; certify completion of part or all of the work.

(xvii) For each contract prepare a Final Payment Certificate, Taking Over Certificate,

and Performance Certificate, to the timing of and as required by the General Conditions of Contract.

(xviii) For each contract and following joint inspection by the contractor and RPMU prepare a defects report for agreement between the parties. On satisfactory completion of all defects advise RPMU on release of the retention money.

(xix) Review the socio/economic project performance indicators given in Appendix 1

and carry out a baseline survey to describe the indicators before construction commences. Prepare and submit a Project Performance Baseline Survey Report.

(xx) Prepare a Project Monitoring and Evaluation Report upon completion of

construction to be in conformity with ADB Guidelines for such reports. (xxi) Prepare a Project Completion Report to be in conformity with ADB guidelines for

such reports. H Scope of Services Environmental Monitoring. 24. The scope of services to be carried out in accordance with will include:-

i) Review of the Environmental Management Plan contained in the Environmental Impact assessment Report.

ii) Review and acceptance of the contractors Environmental and Management Plan prepared and submitted in accordance with the construction contracts.

iii) Carry out baseline environmental monitoring and monitor implementation of the environmental management plans, including any required sampling and testing to ascertain baseline and in-construction noise pollution, air quality, water quality and solid waste disposal requirements.

iv) Report on any difficulties in the monthly and quarterly progress reports and recommend the implementation of amelioration measures to be taken to reduce adverse impacts.

I. Report Schedule

Title Submission Copies

Inception Report four weeks of commencement of these services.

8 copies to the Employer, 2 copies to the ADB VRM, 2 copies to the AFD Delegation in Hanoi, and 2 copies to the DGT Delegation in Hanoi

Monthly Progress Reports Within ten days of the end of the preceding month

As above

Quarterly Progress Reports

Within ten days of the end of the preceding quarter

As above

Report(s) to Disputes Board

As required As required

Minutes of monthly Contract Site Meetings

Within 5 days of the date of each meeting.

2 copies to the Employer

Defects Report On handing over of the 2 copies to the Employer

22 works at the end of construction and updated during the defects liability period

Cost to Completion Forecast Report

Quarterly 2 copies to the Employer

Project Performance Baseline Survey Report.

Before construction commences


Project Monitoring and Evaluation Report

Upon completion of construction


Project Completion Report

Upon completion of construction


25. The Consultant will be required to obtain approval of the Employer before taking any of the following actions specified in FIDIC General conditions of Contract:-

(i) Approval of any amendments to the detailed design, specification or design standards to be adopted.

(ii) Approving the subcontracting of any parts of the Works. (iii) Certifying additional cost. (iv) Determining an extension of time. (v) Issuing of any and all change orders related to qualities and prices.

J. Staffing 26. The Consultant will have the authority and duties of the Engineer as defined in the General Conditions of Contract and will employ staff as to act as Assistants. The Consultants will, in their proposal, nominate a senior officer of the company who will represent the company throughout the assignment. This senior officer will not be separately remunerated under the consultancy agreement, his remuneration shall be deemed to be included in the Consultants overhead. 27. The nominated Team Leader will be the Engineer under the civil works contracts. The nomination of the Engineer must be made through a board resolution of the consulting company and the nominee must hold a power of attorney from the consulting company to act as the Engineer under the civil works contracts. 28. The Engineer will, in writing, assign duties and delegate authority to the Assistants. A copy of the assign duties and delegation will be given to the Employer at the commencement of duties. The assistants will include international and domestic staff as described below for the periods indicated. These periods do not include leave periods, nor do they include absences from the project, but they do include inputs during the defects liability periods for each

23 construction contract.

Ref Title International Staff Estimated Inputs Person Months

A Consultants Representative

To act as the consultants focal point in all matters relating to the consultancy agreement and performance of the consultants duties under the consultancy agreement.

Input as required by the project and deemed to be included in the Consultants overhead.

B Team Leader and Engineer

Professionally qualified BSc or equivalent with a minimum of 20 years experience in construction supervision and sufficient experience in railway and bridge construction of which at least 05 years experience shall be in the team leadership, management and contract administration of civil works financed by multi-lateral development banks and carried out under the FIDIC conditions of contract. At least 05 years shall have been spent on projects carried out in similar geographic and climatic regions to that of Viet Nam.

39

Including Defects Liability Period

C Senior Contracts Specialist / Quantity Surveyor

Professionally qualified B.Sc. or equivalent with minimum of 15 years experiences in contract administration, variation order and claims monitoring and evaluation, measurement and certification of railway, and bridge works carried out under FIDIC conditions of contract.

9

Intermittent

D Senior Track Engineer/ Train Operations and Scheduling

Professionally qualified B.Sc. or equivalent with minimum of 15 years experience in railway track and station design and construction out of which 10 years shall have been spent in track construction and operations scheduling on a similar standard of railway and in a tropical country.

20

Intermittent

E Senior Bridge & Structures Engineer

Professionally qualified B.Sc. or equivalent with minimum of 15 years experience in the inspection, repair, design and construction of bridges and other railway and highway structures.

15

Intermittent

24

Ref Title International Staff Estimated Inputs Person Months

F Senior Materials Engineer

Professionally qualified B.Sc. or equivalent with minimum of 15 years experience in railway and highway design and construction out of which 10 years experience in a tropical climate as a Materials Engineer in establishment and monitoring of the site based construction materials quality control and testing facilities, testing regimes and reporting systems.

6

Intermittent

29. The Consultancy Services will include for the following domestic experts and support staff, including the construction supervision staff for the civil works contracts:

Ref Title Domestic Staff Estimated Inputs Person Months

G Deputy Team Leader Professionally qualified B.Sc. or equivalent with minimum 15 years experience in railway and road design and construction, out of which 10 years should be spent on site in the contract administration and supervision of rail and roadworks.

39

Including defects liability

H Track Engineer for survey and design review

Professionally qualified B.Sc. or equivalent with 10 years experience out of which 5 years should have been spent in the design and design checking of railway track works. This expert's duties will include review and consent of the Contractor's drawings, and supervision inputs as needed.

4

Input to be phased with submission of contractors designs

I Bridge/ Structural Engineer (for design review)

Professionally qualified structural engineer B.Sc. or equivalent qualification with minimum 15 years experience out of which 10 years should have been spent in the inspection, repair, design and design checking of railway & highway bridges, and drainage structures.

4

Input to be phased with submission of contractors designs

25


J E & M Power Supply Engineer

Professionally qualified E&M engineer B.Sc. or equivalent qualification with minimum 5 years experience out of which 3 years should have been spent in the supervision/ installation of E&M power supply system. The expert will supervise the installation of E&M power supply at stations as well as other related worked assigned by the Engineer

5

Intermittent

K Telecommunications Engineer

Professionally qualified telecommunication engineer B.Sc. or equivalent qualification with minimum 5 years experience out of which 3 years should have been spent in the supervision/ installation of telecommunication system of railway. The expert will supervise the installation of telecommunication system as well as other related worked assigned by the Engineer

12

Intermittent

L Signal Engineer Professionally qualified signal engineer B.Sc. or equivalent qualification with minimum 5 years experience out of which 3 years should have been spent in the supervision/ installation of signal system of railway. The expert will supervise the signal installation of the contractor as well as other related worked assigned by the Engineer

12

Intermittent

26


M Social Impact/Resettlement Specialist

Qualified B.Sc. or equivalent with minimum of 10 years experience in resettlement management. The consultant should have at least prepared or assisted in the preparation of 5 resettlement plans in infrastructure projects. The responsibility of the consultant includes: to conduct monitoring after resettlement and report result to the employer; recommend countermeasures to be taken for any significant problem such as high rate of dissatisfaction expressed by PAPs or a serious decline of living standard. The specialist is also required to monitor and report (through the quarterly reports) implementation by the contractor of the gender plan; the health and safety plan, the HIV/AIDs awareness plan: and the human trafficking awareness plan.

12

Intermittent

N Resident Engineers

2 No. Positions

RE for CP2

RE for CP3 and CP5

Professionally qualified B.Sc. or equivalent qualification with a minimum of 10 years experience in the construction supervision of similar works.

34

Each position

O Track Engineers

8 No. Positions

Professionally qualified B.Sc. or equivalent qualification with a minimum of 7 years experience in railway and/ or road construction, out of which 3 years relating to railway construction projects.

25

Each position

Train Operation and Scheduling Engineer

Professionally qualified B.Sc. or equivalent with minimum of 10 years experience in railway out of which 5 years of proven experience relating to train operation and scheduling. The experts duties will include instruction and supervision of contractor’s construction plan.

39

P Materials Engineers

2 No. Positions

Qualified B.Sc. or equivalent qualification with 8 years experience as Materials Engineer out of which 5 years experience as Material Engineer in the quality control of materials for construction of railways/highways and associated structures.

25

Each position

27


Q Quantity Surveyors

2 No. Positions

BSc. Qualified or equivalent quantity surveyors with a minimum of 5 years experience in the measurement and preparation of payment certificates for civil/road/railway works contracts.

34

Each position

R Building Engineers

2 No. Positions

Professionally qualified B.Sc. or equivalent qualification with a minimum of 7 years experience in railway and/ or road construction, out of which 3 years relating to railway construction projects.

20

S Site Engineers

8 No. Positions

Minimum B.Sc. or equivalent qualification with 7 years experience out of which 5 years should have been spent in the construction supervision experience of bridge/ culvert works. The number of staff at any one time is expected to vary with the work load and the number given is indicative only

25

Each position

T Environmental Monitoring

It is envisaged that a domestic specialist firm in the field of Environmental Monitoring would be appointed by the Consultant to act as sub-consultant to carry out the services described in section H above, A provisional sum of VN dong 5,500 million shall be include in the Consultants cost estimates to provide for these services. The sub consultant can be nominated for acceptance by the Employer immediatelyuntil after award of this consultancy contract.

30. It should be noted that the domestic engineers employed during the works supervision stage must be additionally qualified by possession of Supervision Certificate as required and issued by the Ministry of Transport (MOT) or Ministry of Construction (MOC)

31. Technical, (CAD operators and technicians), administrative, financial, and clerical support staff are to be provided as required by the consultant and the cost of these is to be clearly included in the Consultants cost proposal and manning schedule. . Curriculum vitae must be supplied by the Consultants in his proposal for positions A through to S. The remaining staff must be nominated with CV’s to the satisfaction of the Employer at least one month before their input commences as scheduled in the consultants accepted staffing schedule and work plan detailed in the Inception Report.

K. Facilities 32. Throughout the project period the Team Leaders office will be located in Yen Bai. The location and number of Resident Engineers Offices will be determined by the Employer prior to the commencement of duties. It is, however, intended that a Resident Engineers will be located in Yen Bai for CP2 and a Resident Engineers in Lao Cai for CP3 and CP5. In addition there shall be four site offices at locations to be determined, two offices each for CP2 and CP3. It is

28 also anticipated that under the contractors Quality Assurance Plans a soils and materials laboratory will be provide for CP2 and a second laboratory for CP3. 33. The Consultant will be responsible to arrange/ provide all necessary equipment and facilities including site offices for the use of the Engineer/ Resident Engineers in connection with the performance of the services. All maintenance and repairs, replacements, and operation costs of such equipment and facilities shall also be the responsibility of the Consultant. The Consultant will make full provisions in their cost proposal for the equipment and facilities. 34. The Consultants will make full provision in his cost proposal for the domestic accommodation of all their staff, including during field visits away from their duty station. This provision will be in the form of a per diem payment to each of the consultants’ staff. The rate of the per diem will be an average for all locations. The rate of the average per diem, number of days to which the per diem applies and the total per diem payment must be clearly stated in the cost proposal for each technical, clerical and administrative staff position. No other payments or provisions will be made for the Consultants staff accommodation, site allowance etc. The consultants must also make full provisions in their cost proposal for:

(i) The reimbursement of all travel related costs, including land and air transport costs, visas, and visa renewals, inoculations, freight costs of personal effects, etc., for positions B to F, necessarily incurred in carrying out the above duties.

(ii) The reimbursement of international phone and fax charges by land line and by mobile or wireless telephone line, and necessarily incurred in carrying out the above duties.

(iii) The provision of mobile phones to the staff together with the cost of domestic and international calls necessarily incurred in carrying out the above duties.

(iv) The reimbursement of all office consumables including replacement ink cartridges for printers, faxes and photocopiers provided by the contractor, as follows, 1 x A3 black ink jet printer, 4 x A4 laser printers, 4 x plain paper fax machines, and 2 x heavy duty photocopiers.

L. Program 35. The following program of contract award is anticipated:-

Contract Award date Duration of works (months)

Defects Liability Period (months)

CP2 July 2011 36 12

CP3 November 2011 36 12

CP5 November 2011 12 12

RP2 July 2011 18 12

The commencement of this consultancy agreement will coincide with the commencement of the works contract CP2. The Consultant will make allowance in his staffing schedule and work plan for leave periods and absences of the International staff.

M. Quality- and Cost-Based Selection (QCBS) – Full Technical Proposal 36. The Consultant will be selected in accordance with Quality- and Cost-Based Selection (QCBS) procedures set out in the Guidelines on the Use of Consultants by Asian Development Bank and Its Borrowers (April, 2010). Full technical proposals will be required..

29 N. Budget for Consulting Service Contract 37. The maximum budget for the consulting services is US$ 5.5 million (including contingencies).

Annex 1

Example of performance criteria for assessing changes in operating efficiency

PERFORMANCE INDICATOR

EXISTING SITUATION

2011

PERFORMANCE TARGET

2014

PERFORMANCE TARGET

2016 Prime Targets 1. Traffic - Net tons (million) - Ton-km (million) - Passenger-km (million) - Converted ton-km (ctkm/year = ton- Km +passenger-km) (million)

2. Staff - Staff level (core transportation) 3. Overall Operating Performance - Staff Productivity (ctkm per empl) - Employees per route km - Freight ton-km per route km (million) - Net ton km / freight train km 4. Traction and Rolling Stock - Yearly km performance per diesel locomotive

- Yearly km performance per electric locomotive

- Number of operational wagons - Turnaround time of wagons - Yearly net ton km per wagon 5. Overall Financial Targets - Working Ratio Additional Parameters 6. Average speed of freight train (kph) - Average time per wagon at each intermediate terminal (hours)

- Time per wagon through each end terminal (hours)

7. Freight Traffic - Wagon km / wagon day - Net ton-km / wagon day 8. Passenger Traffic - Number of passengers (million) - Passenger km / passenger train km

30 9. General - Monthly locomotive km / locomotive (km) Locomotive km per failure (km) Locomotive km / locomotive day (km) Converted ton-km / route km (millions) 10. Accident rates on the railway 11. Accident rates at railway crossings 12. Economic Development and Socio-economic indicators

13. Income of Affected Persons. 14. Access to Social Services 15. Jobs created in construction and maintenance

Note: Ctkm=converted ton-kilometre, Km=kilometre, kph=kilometre per hour