DESIGN AGREEMENT REV E 2020-07-20 ML1 (Track Change) - DESIGN AGREEMENT FINAL DRAFT 2020-07-31 (Clean)

Version: FINAL DRAFT_20200731
Version: Draft_E_20200720
Agreement
Between [Name of [Name of Client]
[Address of Client] Metro Línea 1 S.A.S.
of
[Address of Client]
World Trade Center, Ac. 100 #8a-49, Torre B,
Piso 11,OF 1102, Bogotá D.C. Colombia
(hereinafter called “the Client”)
and [Name of Design Contractor] WSP Ingeniería Colombia S.A.S.
of [Address of Design Contractor] CARRERA 19 93 A 45, Bogotá D.C. Colombia
(hereinafter called “the Consultant”, which has the same meaning of the Design Contractor
as above-mentioned)
WHEREAS:
The Client desires that certain Services should be performed by the Consultant, namely:
The Design of Bogota Metro Line 1.
and has accepted a proposal by the Consultant for the performance of such Services.
THE CLIENT AND THE CONSULTANT AGREE AS FOLLOWS:
1
In the Agreement words and expressions shall have the same meanings as are respectively assigned
to them in Clause 1.1 of the General Conditions of the Client/Consultant Model Services Agreement.
2
The following documents shall be deemed to form and be read and construed as part of the
Agreement and shall be given the order of precedence as below:
(a)
(b)
(c)
(d)
(e)
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This Agreement;
The Client/Consultant Model Services Agreement;
(i) Particular Conditions;
(ii) General Conditions;
Appendices 1 to 7;
The Client’s Letter of Acceptance dated
under Sub- Clause 1.1.1; and
The Consultant’s Final Proposal dated
Sub-Clause 1.1.1.
incorporated into the Agreement
incorporated into the Agreement under
In consideration of the payments to be made by the Client to the Consultant under the Agreement,
the Consultant hereby agrees with the Client to perform the Services in conformity with the
provisions of the Agreement.
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The Client hereby agrees to pay the Consultant in consideration of the performance of the Services
such amounts as may become payable under the provisions of the Agreement at the times and in
the manner prescribed by the Agreement.
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AUTHORISED SIGNATURE(S) OF CLIENT:
AUTHORISED SIGNATURE(S) OF CONSULTANT:
Signature
Signature
Name
Name
Position
Position
Date
Date
CONDITIONS OF CONTRACT
Version: Draft_E_20200720
General Conditions
The General Conditions of Contract shall be the General Conditions of Client/Consultant Model
Services Agreement Fifth Edition, 2017 published by Fédération Internationale des ingénieurs- conseils
(FIDIC).
Copies of the General Conditions can be obtained from:
International Federation of Consulting Engineers (FIDIC)
World Trade Center II PO Box 311 1215 GENEVA 15
Switzerland
Telephone: +41 22 799 49 00
Fax:
+41 22 799 49 01
E-mail:
[email protected]
Web:
http://www.fidic.org
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itions
[Name of Representative]
As stated in the Letter of Acceptance
The date of the Notice to Proceed of the
Concession Contract
[Name of Representative]
The Republic of Colombia
Bogota Metro Line 1 (PLMB)
810 days (but targeted at 720 days)
1 day after the Completion Notification is
issued.
By hand, register mail, by e-mail and Aconex.
The Republic of Colombia
Particular Conditions
Part A. References from Clauses in the General CondConditions
1 .1
Definitions
1.1.4
Client’s Representative
[Name of Representative]
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Commencement Date for
Early Works
Commencement Date
As stated in the Letter of Acceptance
1.1.8
Consultant’s Representative
[Name of Representative]
1.1.9
Country
The Republic of Colombia
1.1.22
Project
Bogota Metro Line 1 (PLMB)
1.1.24
Time for Completion of
Previous Phase
Time for Completion of Agreement
810 days (but targeted at 720 days)
1.1.5
The date of the Notice to Proceed of
the Concession Contract
1.3
Notices and other Communications
1.3.1(c)
Communication
1 day after the Completion Notification is
issued.
By hand, register mail, by e-mail and Aconex.
1.3.1(d) Address for communications
Client’s address:
Email: (only when e-mail is accepted as a valid system for
electronic communications)
Consultant’s address:
Email: (only when e-mail is accepted as a valid system
for electronic communications)
1 .4
Law and Language
1.4.1
Law governing Agreement
The Republic of Colombia
1.4.2
Ruling language of Agreement
English
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1.4.2
Ruling language of Agreement
English
1.4.3
Language for communications
1 .8
Confidentiality
1.8.3
Period for expiry of confidentiality
1 .9
Publication
1.9.1
Publication restrictions
Only with Client Approval in writing within
two (2) years commencement of Operation
and Maintenance Stage
3 .9
Construction Administration
Not included in Services
7.4
Third Party Charges on Consultant
Exemption Applies
8.2
Duration of Liability
8.2.1
Period of Liability
8.3
Limit of Liability
8.3.1
Limit of Liability
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Insurance
9.1.1
Insurances to be taken out
by Consultant
English within the design teams and
Spanish with EMB, Interventoría and third
parties
Two (2) years after commencement of
Operation and Maintenance Stage
Until two (2) years after commencement of
Operation and Maintenance Stage
Final Contract Value
Professional Indemnity Insurance
Contract Value by Annual Review
Public Liability Insurance
Contract Value by Annual Review
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Disputes and Arbitration
10.2.1
Named Mediator
N/A
10.2.1
Centre for Mediation
The International Chamber of Commerce
(ICC), seat in Bogotá
10.2.2
Mediation Procedures
The International Chamber of Commerce
(ICC)
10.3.1
Arbitration rules
Rules of International Chamber of
Commerce
Location of Arbitration
Bogota
Language of arbitration
English
10.3.1
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Part B Additional Clauses
The following Particular Conditions amend, delete or add to the corresponding clauses in the
General Conditions.
Clause 1 - General Provisions
Sub-Clause 1.1 – Definitions
1.1.1
Delete “and” before “Appendix 5”
Add “Appendix 6 [Relevant requirements of the Concession Contract including the Technical
Appendices], and Appendix 7 [Compliance Requirements]”, after “Appendix 5 [Rules for
Adjudication]”.
Delete “and any letters of offer and acceptance attached to any of the above”, and add
“and the Client’s letter of acceptance dated........ and the Consultant’s Final Proposal
dated .................”
1.1.5 Replace the wording with:
“Commencement Date shall mean the Day following the date on which the Client and the
EMB (as defined in Section 1.1.30) sign the Notice to Proceed (as defined in section 1.1.33)
of the Concession Contract. This date shall be the start date for the Previous Phase, and
the start date of the Time for Completion of the design works of the Previous Phase.”
Add the following definitions:
1.1.29 “Concession Contract means the Concession Contract 163 of 2019 signed by the Client on
27th November 2019 for the design, procurement, construction, commissioning and
operation and maintenance of PLMB.”
1.1.30 “EMB means Empresa Metro de Bogotá S.A., a stock company of District Order created by
Agreement 642/2016, whose legal regime is that of a State-Owned Industrial and
Commercial Company, part of the decentralized sector of the district order, with legal
capacity, own assets and administrative, financial and technical autonomy, assigned to the
District Secretariat of Mobility. EMB acts in the Concession Contract as a contracting
public entity, in its capacity as managing entity of Bogota metro system, as provided in
District Decree 259/2019.”
1.1.31 “PLMB refers to the Section 1 of the metro system line defined in the District Decree
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577/2013, added by District Decree 425/2014 and amended by District Decrees 318 and
634/2017. Section 1 runs from the workshop yard (including the workshop) located in the
property El Corzo to the shunting area (including the shunting area) located over Avenida
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Caracas, between Calle 76 and 80, in compliance with the provisions of the Concession
Contract, especially its Technical Appendices”.
1.1.32 “Multilateral Entities Refers to the Inter-American Development Bank– IADB -,
International Bank for Reconstruction and Development – IBRD -, and European
Investment Bank – EIB-, which have provided funding to EMB to execute the PLMB.”
1.1.33 “Notice to Proceed means the document to be signed for purposes of initiating the
execution of the Concession Contract, subsequent to verification of the requirements
established in Section 2.4 of the Concession Contract.”
1.1.34 “Commencement Date for Early Works is the date defined in the Letter of Acceptance
issued by the Client on which the Consultant shall start the Early Works.”
1.1.35 “Early Works means that work defined as such in the Scope of Services and is to be
undertaken by the Consultant from the Commencement Date for Early Works to the
Commencement Date. The duration is maximum four (4) months.”
1.1.36 “Previous Phase means the design phase of the PLMB Concession Contract as defined in
Sub Clause 1.92 of the Concession Contract.”
1.1.37 “Construction Phase means the construction phase of the PLMB Concession Contract as
defined in Sub-Clause 1.90 of the Concession Contract.”
1.1.38 “Concessionaire means Metro Linea 1 S.A.S. - one of the signatories of the Concession
Contract and also the Client for this Agreement.”
1.1.39 “Previous Phase Design Work Lump Sum" means the agreed lump sum price for the
completion of that design work of the Previous Phase as further defined in Appendix 1 [Scope
of Services] hereto.
1.1.40 “Provisional Sum means a sum (if any) which is specified in the Agreement by the Client as
a provisional sum that was defined as the Additional Lump Sum Works in the Invitation to
Bid dated 5th December 2019, for the execution of additional services under Sub-Clause
5.3 [Provisional Sums].”
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1.1.41 “BIM Specialists means the specialists appointed by the Client to oversee BIM application
in planning, monitoring, and reviewing the quality of BIM applications through project
life-cycle from Pre-operational Stage to Operation & Maintenance Stage.
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1.1.42 “Amicable Componer means a dispute resolution mechanism, alternative to Arbitration,
by which the Parties might choose to delegate the resolution of a specific dispute to a
third party under the rule of Clause 10.4.”
1.1.43 “Final Contract Value means the value indicated in section 1 of Appendix 3 varied in
accordance with the terms of Appendix 3, due to Variations, Claims and additional services, if
any.”
1.1.44 “Statement means a statement submitted by the Consultant as part of an application for
payment under Clause 7 [Payment] and Appendix 3 [Remuneration and Payment].”
1.1.45 “Completion Notification means a notification issued by the Client to the Consultant to record
that all services ordered previosly have been completed by the Consultant to the satisfaction
of the Client and that the Client does not intend to order further services under the
Agreement.
1.1.46 “Claim” means a request or assertion by one Party to the other Party for an entitlement or
relief under any Clause of these Conditions or otherwise in connection with, or arising out of,
the Agreement or the execution of the services.
Sub-Clause 1.3 – Notices and other Communications
Replace the wording of 1.3.1 (c) with:
“notices required or permitted to be given by one Party to the other Party may only be given
as follows:
(i)
by hand - whereby it shall be deemed delivered on the day of acknowledgement
of receipt;
(ii)
by registered mail - whereby it shall be deemed delivered within two (2) business
days from the date of proof of posting;
(iii) by e-mail - whereby it shall be deemed delivered the day of the e-mail was sent; or
(iv) by Aconex – for categories of notices previously agreed by the Client to be
so delivered.”
Sub-Clause 1.4 - Law and Languages
Replace 1.4.1 with:
“1.4.1 The ruling language for this Agreement shall be English and the Law of the Republic of
Colombia shall govern the Agreement."
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Delete entire 1.4.2
Replace 1.4.2 with:
1.4.2 “English shall be the daily language (both spoken and written) to be used in
communication with the sub-contractor of rolling stock, sub-contractor of signaling and
train control, systems advisory team, operator, and other sub-contractors, etc.
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Spanish is to be the official language for communication and submissions with
Government authorities, EMB, supervisor (Interventoría) and stakeholders.”
Replace 1.4.3 with:
1.4.3 “Documents should be prepared in English before submission for approvals in Spanish.”
Add 1.4.4 as:
1.4.4 “In order to enhance the communication efficiency and capability, the Consultant shall
also engage in the work at least two technical staff fluent in Mandarin.”
1.6 Assignments and Sub- Contracts
1.6.1
Add the following as a second sentence:
“The consent of the Client shall not be required for the assignment to the Consultant’s
associate companies in Canada and the United Kingdom of those parts of the Services
committed in the Consultant’s Final Offer to be carried out by the specialist staff of those
companies, who shall carry out those Services.”
Sub-Clause
1.7
–
Intellectual
Property Add 1.7.6 as:
1.7.6 “The general principles laid out in sub clauses 1.7.1 to 1.7.5 shall apply except that the
Consultant shall pass the design rights and other intellectual property rights and
copyrights of all documents prepared by the Consultant to the Client as necessary to allow
the Client to fully comply with the obligations set forth in the Concession Contract,
particularly sub clause 23.11 thereof.”
Sub-Clause 1.8 – Confidentiality
In 1.8.3 replace “two (2) years after completion of the Services” with “two (2) years after
the commencement of the Operation and Maintenance Stage of the Concession Contract
as defined in sub clause 1.85 of the Concession Contract.”
Sub-Clause 1.9 – Publication
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Delete the wording of 1.9.1 and replace with:
1.9.1
“Until two (2) years after the commencement of the Operation and Maintenance Stage of
the Concession Contract, as defined in sub clause 1.85 of the Concession Contract, except
with the Client's written consent, the Consultant or its Sub-Consultants (if any) shall not
disclose the contents of this Agreement, or any of its provisions, or any specifications,
plans, drawings or information issued by the Client or any designs, drawings, reports,
specifications, calculations or any other documents produced by the Consultant for or on
behalf of the Client
Version: Draft_E_20200720 under this Agreement (the
“Confidential Information”), to a third party, nor reveal anything arising from and/or in
connection with this Agreement to the public or to the press. The Consultant shall be directly
responsible for any breach of this clause by any of its Sub- Consultants. Notwithstanding this
clause, for commercial tendering purposes, the Consultant may use limited information, such as
a statement of the purpose, scope, value, term and principal obligations of the Agreement.”
Sub-Clause 1.10 – Anti-Corruption
Delete the entire wording of the Sub - Clause and replace as follows:
1.10.1 “The Parties agree that they shall observe the ethical standards established by the InterAmerican Development Bank (IDB), the World Bank, the European Investment Bank and
the European Bank for Reconstruction and Development. This implies that the Parties shall
abstain from engaging in any type of prohibited practice as established by the said
Multilateral Entities. Prohibited practices include corrupt practices, fraudulent practices,
coercive practices, collusive practices and obstructive practices.”
1.10.2 “The Parties also agree that all information related to this Agreement, as well as all
accounts, registries and any and all documents which may hold relation to this Agreement,
will be available for consultation by the IDB. Said entity may request at any given time, all
information it requires to consult or investigate the occurrence of a prohibited practice. All
information related to this Agreement shall be kept for a minimum of 7 years after the
Agreement is finalized.”
1.10.3 “In order to fulfill the compliance requirements set out in Concession Contract No. 163 of
2019, the Contractor must to observe and fulfill the Concessionaire’s compliance policy,
insofar as the documents that make up the policy are delivered to the Contractor. If during
the performance of the Contract the Concessionaire’s compliance policy changes, the
Concessionaire will notify the Contractor of such change by writing and, within fifteen (15)
days following the written communication, will deliver all of the documents that comprise
the new compliance policy to the Contractor. Upon receiving the modified compliance
policy, the Contractor will be bound to observe and fulfill its provisions and rules.”
1.10.4 “Finally, the Parties recognize and accept that engaging in a prohibited practice is cause
for the unilateral termination of the Agreement without there being cause for damages.
These sanctions do not exclude other criminal, civil or administrative sanctions to be
imposed according to regulations in Colombia or regulations from Multilateral Entities.”
Add new Sub-Clause:
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“1.17 - Social, Health, Safety and Environmental Requirements
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1.17.1 The Consultant shall fully comply with all the policies, standards and guides of
environmental and social safeguards agreed by the EMB with the Multilateral Entities, and
all requirements in accordance with technical appendices 14 and 15 of the Concession
Contract, which are available at:
https://community.secop.gov.co/Public/Tendering/OpportunityDetail/Index?noticeUI
D=CO1.NTC.495736&isFromPublicArea=True&isModal=False
The Consultant shall also comply with other social, health, safety and environmental
requirements in accordance with all applicable laws, rules, regulations and orders of the
Republic of Colombia.”
Add new Sub-Clause:
“1.18 - COVID-19 Declaration
1.18.1 From the Commencement Date for Early Works until the Commencement Date, both Parties
agree not to raise any claim against the counter-party for damages or loss arising out of or in
connection with a legal or administrative decision officially issued by the EMB or the local
governmental authorities as a result of the COVID-19 pandemic.
1.18.2 If delays, having a significant impact over more than 21 days continuously, occur after the
Commencement Date, due to a quarantine order based on the COVID-19 pandemic, issued
(before or after the Commencement Date) by EMB or the local governmental authorities,
provided EMB recognises the event under chapter 18 of the Concession Contract the
Consultant shall be entitled to claim for Extension of Time under clause 4.6 (Exceptional
Events) of the Conditions of Contract.”
Clause 2 - The Client
Sub-Clause 2.2 – Decisions
2.2.1 Add “Verbal decisions shall be confirmed in writing within 72 hours” as the second sentence.
Sub-Clause 2.3 – Assistance
Delete the entire sub-clause.
Sub-Clause 2.4 - Client's Financial
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Arrangements Delete the entire
sub-clause
Clause 3 - The Consultant
Sub-Clause 3.3
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Add to the end of 3.3.3. :
“….. in addition to the requirements of the Concession Contract.”
Sub-Clause 3.5 – Consultant’s Personnel
3.5.1 Delete the words “in the Country”.
Sub-Clause 3.7 – Changes in Consultant’s Personnel
Replace the wording of 3.7.1 with:
“All personnel listed in the Consultant’s Proposal included in the Agreement shall assume
the roles described.”
Replace the wording of 3.7.2 with:
“In the event that one or more of the nominated staffs are, or become, unavailable (or are
found by the Client to be unacceptable) they shall, within 28 days, be replaced by the
Consultant with alternate staff having similar or better qualifications and experience. Prior
to taking up their roles, replacement staff shall be proposed by the Consultant for
acceptance by the Client (which acceptance shall not be unreasonably withheld).”
Add 3.7.3 as:
“3.7.3 Additional key personnel needed to take up roles of similar seniority to those nominated,
shall be subject to Client acceptance (which shall not be unreasonably withheld) of their
qualifications and experience, which shall be appropriate to their proposed role and
equivalent to those of staff of similar seniority listed in the proposal.”
Sub-Clause 3.9 – Construction Administration
Not Used
Add new Sub- Clauses:
“Sub-Clause 3.10 – Communication with the Client
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3.10.1 “Within 14 days after having signed this Agreement, a “regular communication protocol”
shall be agreed between the Consultant and the Client. Additionally, the Consultant shall
report to the Client on the execution of the Services whenever, and in whatever format, is
requested by the Client.”
“Sub-Clause 3.11– Design Contractor Warranty Agreement
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3.11.1 “It is a condition of the Concession Contract that prior to this Agreement being entered
the Consultant shall have prepared qualification documents and signed the Design
Contractor Warranty Agreement for the Client to submit for approval from EMB – all in
accordance with the requirement in Chapter VI – 6.1- (e) and Chapter V – Annex (H) of the
Concession Contract. In entering this Agreement, the Consultant warrants the accuracy of
the said documents.”
“Sub-Clause 3.12 – Letter of Commitment from the Subcontractors
3.12.1 “It is a condition of the Concession Contract that prior to this Agreement being entered the
Consultant shall have prepared and signed the Letter of Commitment in accordance with the
requirement in Chapter V – Annex III of the Concession Contract. In entering this
Agreement, the Consultant warrants the accuracy of the said document”.
“Sub-Clause 3.13 – Design Approval Responsibility
3.13.1 “The Consultant shall fully analyze the programme impacts of the design approvals
processes of EMB, supervisor (Interventoría), external entities and government agencies,
and shall make its best efforts to ensure that all the required approvals are received to
meet the master programme prepared by the Client.”
“Sub-Clause 3.14 – Subcontracting
3.14.1 “The Consultant shall not subcontract any part of the Services without advance consent in
writing from the Client in the event the Consultant intends to subcontract to any other
companies than those specified in Sub-Clause 1.6.1 of this Agreement.”
Clause 4 – Commencement and Completion
Sub-Clause 4.2 - Commencement and Completion of Services
Replace the entire 4.2.1 with:
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4.2.1
“The Consultant shall commence the performance of the Services (as defined in Appendix 1
[Scope of Services]) as soon as possible after the date of receiving the Letter of Acceptance.
The Consultant shall complete the Previous Phase design works within 810 days after the
Commencement Date but shall target to complete the Previous Phase design works in 720
days.”
Add 4.2.2 as:
“4.2.2 The Date of Completion of all Services shall be that date one day after the Client issues the
Completion Notification.”
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Sub-Clause 4.3 – Programme
Add 4.3.4 as:
“4.3.4 Within seven (7) working days of the Commencement Date of Early Works the Consultant
shall submit its programme for Early Works for the Client’s review and consent.”
Sub-Clause 4.4 – Delays
Add 4.4.4 as:
“4.4.4 In the event that the Client is able to benefit from an Extension of Time for the completion of the
Services during the Previous Phase and/or relief from any penalties, which relate directly,
proportionately and fairly to the work of the Consultant, the awarding of an appropriate share of
such benefits to the Consultant shall be assessed under the appropriate clauses of this
Agreement.”
Clause 5 – Variations to Services
Sub-Clause 5.1 – Variations
5.1.2
(f): Add “after approval of the 60% design” at the end of this paragraph.
Add 5.1.2 (g) as:
“(g) Both the Client and the Consultant shall make their best efforts to get preferred
design concepts into place at the 30% approval stage such that one design can be
taken forward for each aspect thereafter. In the event that such clarity cannot be
achieved within the 30% design approval period for certain design aspects, the
Consultant shall continue the studies on alternatives up to 60% design approval
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(within the Previous Phase Lump Sum). In the event that, after the 30% design
approval, the Client requires for its own purposes to vary an approval given at the
30% design stage, a potential variation for the Consultant shall be assessed under
the appropriate clauses of this Agreement.”
Add new Sub-Clause 5.3 “5.3 Provisional Sum
5.3.1
Each Provisional Sum shall only be used, in whole or in part, in accordance with the
Client’s instructions, and the Contract Price shall be adjusted accordingly. The total sum
paid to the Consultant shall include only such amounts for the services to which the
Provisional Sum relates, as described in Appendix 1 [Scope of Services] and listed in
Appendix 3 [Remuneration and Payment].”
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Clause 6 – Suspension of Services and Termination of Agreement
Sub-Clause 6.1 – Suspension of Services
6.1.2 Delete entire wording of c) and replace with:
“c) Noting that the Early Works are seen as an opportunity for both Client and Consultant to
get a good start to the work of the Project, should more than four months pass
without the Commencement Date being confirmed the Consultant may reduce its
effort, or suspend it altogether, as it chooses.”
Sub-Clause 6.3 – Effects of Suspension of the Services
6.3.3 Add:
“(d) The Consultant shall provide the Client all information and documents which it
reasonably determines to be necessary to enable the Client to assess the financial
impact due to suspension.”
Sub-Clause 6.5 – Effects of Termination
6.5.2 In the last paragraph, replace “those costs that are reasonably foreseeable at the time of
signature of the Agreement” with “20% of the Final Contract Value including all
variations/omissions value for the Services”.
6.5.4 Add new sentence at the end “The Consultant shall submit all supporting documents and
evidences for the loss of profit for the Client’s verification and confirmation.”
Clause 7 – Payment
Sub-Clause 7.1 – Payment to the Consultant
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Add 7.1.2 (c) as:
“(c) costs shall be Iimited to fixed costs associated with the resources (equipment, personnel
and administrative expenses) directly incurred as result of the Exceptional Event and
unable to be reemployed on other work. Loss of profit shall not be claimed.”
Sub-Clause 7.2 – Time for Payment
7.2.3
Delete the words “an adjudicator or” in the final sentence.
Sub-Clause 7.4 - Third Party Charges on the Consultant
7.4.1
Renumber as 7.4.2
and Add as:
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7.4.1
“The Client will be exempt from any responsibility at all for arrangements or costs
regarding the matters described in sub clause 7.4.2 – the Consultant will make its own
arrangements for such matters and will carry itself any and all of the costs mentioned.”
Sub-Clause 7.6 – Independent Audit
Add 7.6.3 as:
“7.6.3 The Consultant shall ensure that timesheets are maintained for all staff working on the
Project that include the location they are working, and shall make such timesheets
available when requested by the Client.”.
Add new Sub-Clause 7.7 – Statement at Completion as:
“7.7
Statement at Completion
7.7.1
Within 14 days after the issue by the Client of the Completion Notification, the Consultant shall
submit to the Client a Statement at completion with supporting documents in accordance with
the requirement for invoicing stated in Appendix 3 [Remuneration and Payment].”
Clause 8 – Liabilities
Sub-Clause 8.2 - Duration of Liability
8.2.1
Replace the words “the relevant period stated in the Particular Condition, such period to
commence upon completion of the Services” with “two (2) years after the
commencement of the Operation and Maintenance Stage of the Concession Contract as
defined in sub clause 1.85 of the Concession Contract.”.
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Sub-Clause 8.3 - Limit of Liability
8.3.1
Delete the entire wording and replace with:
“The maximum amount of compensation payable by either Party shall be limited to the
final contract value payable in accordance with the requirement in Appendix 3
[Remuneration and Payments].”
The Consultant shall be responsible for all foreseeable damages, except for loss of profit.
Add new Sub-Clauses:
“8.5 - Liquidated Damages
8.5.1
The Services, excluding any work ordered for the Construction Phase and subsequent
phases, and any work agreed by EMB to be deferred into the Construction Phase, shall be
completed within the Time for Completion, which is 720 days after the Date of the Notice
to Proceed. If the completion of these services is delayed, notwithstanding anything else
in this Agreement:
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If the Consultant fails to complete the services defined above (as further defined in
Appendix
1) by the date 720 days after the date of the Notice to Proceed, but does successfully
complete those services with 810 days after the Date of the Notice to Proceed, no
liquidated damages will be due.
If the Consultant fails to complete those services by the date 811 days after the Date of
the Notice to Proceed, the Consultant shall pay the Liquidated Damages to the Client with
an amount of 16,000 USD plus 82 million COP per day. Notwithstanding the foregoing, the
maximum total amount of the Liquidated Damages due will not exceed 10% of the
Contract Price. For the avoidance of doubt, in the event of any changes to the Scope of
the Services instructed by the Client as variations, which will affect the time required for
completion of the services defined above, the Time for Completion will be revised
accordingly per the Client’s confirmation and this Agreement will be amended accordingly,
including for the impact on the Contract Price.
The Parties hereby acknowledge and agree that the above terms, conditions and amounts
set forth for liquidated damages are reasonable. The daily amount of the Liquidated
Damages is agreed upon and set forth by the Parties because of the difficulty of
ascertaining on the date hereof the exact amounts of damages that the Client will suffer
as a result of the Consultant's failure to meet the schedule under the provisions of
Sub-Clause 4.2 [Commencement and Completion of Services]. The Liquidated Damages
shall not reduce the Client’s entitlement to any other remedy pursuant to the Agreement
and any applicable law.”
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Clause 9 – Insurance
Sub-Clause 9.1 - Insurance for Liability and Indemnity
9.1.1
Delete entire wording and replace with:
“Without limiting its obligations and responsibilities nor its liability to indemnify the Client
under Clause 8 and 9, the Consultant shall, as from the Effective Date of this Agreement,
and thereafter, maintain a professional indemnity insurance with a minimum cover
equivalent to the final contract value payable under Appendix 3 [Remuneration and
Payments] for each claim and in the aggregate, for the period until two (2) years after the
commencement of the Operation and Maintenance Stage of the Concession Contract as
defined in sub clause 1.85 of the Concession Contract. An “additional insured” in the name
of the Client shall be arranged to cover the Client’s vicarious liability resulting from the
Consultant’s act, error or omission. In addition, a Waiver of Subrogation against the Client
shall be provided by the Consultant.
A Public Liability Insurance to cover per claim and in the aggregate the total expected fee
payable under Appendix 3 [Remuneration and Payments] shall be provided by the
Consultant for the period until two (2) years after the commencement of the Operation
and Maintenance Stage of the Concession Contract as defined in sub clause 1.85 of the
Concession Contract. An “additional insured” in the name of the Client shall be arranged
to
Version: Draft_E_20200720 cover the Client’s vicarious
liability resulting from the Consultant’s act, error or omission. In addition, a Waiver of
Subrogation against the Client shall be provided by the Consultant.
Such Insurances shall be placed with insurers of international repute and standing. In
assessing a commercially reasonable rate the Consultant’s own claims record shall be
disregarded.”
Add 9.1.5 as:
“9.1.5 The Consultant shall at all times, comply with the terms and conditions of the Project
insurances and pay all applicable excesses and deductibles where a claim is made by the
Consultant through the Project insurances.”
Add 9.1.6 as:
“9.1.6 All payments received from the insurers relating to any loss or damage to the Concession
Contract Works shall be used for the repair of the loss or damage.”
Clause 10 – Disputes and Arbitration
Sub-Clause 10.1 – Amicable Dispute Resolution
Delete the wording of 10.1.1 and re 10.1.2 and replace 10.1.1 with:
“10.1.1 If any dispute arises out of or in connection with this Agreement, representatives of the
Parties with authority to settle the dispute will, within 14 days of a written request from
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one Party to the other, meet in a good faith effort to resolve the dispute. If the dispute is
not resolved at that meeting, the Parties will attempt to settle it by mediation in
accordance with Clause 10.2.”
Sub-Clause 10.2 – Adjudication
Delete the entire Sub-Clause and replace
with: “Sub-Clause 10.2 - Mediation
10.2.1 Unless otherwise agreed between the Parties or stated in the Particular Conditions, the
Parties shall attempt to agree upon a neutral mediator from a panel list held by the
independent mediation centre named in the Particular Conditions. Should the Parties be
unable to agree within 14 days of a notice from one Party to the other requesting
mediation then either Party may request that a mediator be appointed by the President of
FIDIC.
The appointment by the President shall be binding on the Parties unless they agree to
another named mediator at any time”
10.2.2 When the mediator has been appointed on his terms and conditions of engagement,
either Party can initiate the mediation by giving the other Party a notice in writing
requesting a
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mediation will start not later than 21 days after the date of the notice.
10.2.3 The mediation shall be conducted in accordance with the procedures required by the
appointed mediator unless stipulated otherwise in the Particular Conditions. If the
procedures are stated in the Particular Conditions, then the appointed mediator shall be
required to follow those procedures but shall at any time be able to propose to the Parties
for their joint approval any alternative procedures.
10.2.4 All negotiations or discussions carried out in the mediation shall be conducted in
confidence and are not to be referred to in any concurrent or subsequent proceedings,
unless they conclude with a written legally binding agreement. If the Parties accept the
mediator’s recommendations, or otherwise reach agreement on the resolution of the
dispute, such agreement shall be recorded in writing and, once signed by the designated
representatives, shall be binding on the Parties.
10.2.5 If no agreement is reached, either Party may invite the mediator to provide to both
Parties a non-binding opinion in writing on the dispute. Such opinion shall not be used in
evidence in any concurrent or subsequent proceedings, without the prior written consent
of both Parties.
10.
2.6 The Parties will bear their own costs of preparing and submitting evidence to the
mediator. The costs of the mediation and of the mediator's services shall be borne equally
between the Parties unless otherwise agreed and recorded in accordance with Clause
10.2.3.
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10.2.7 The relevant documentation to properly inform a mediation (or later an arbitration) will
be translated by an independent third party, as and when, and to the extent found
necessary by either Party, and the cost will be shared equally between the Parties.
10.2.8 No Party may commence an arbitration of any dispute relating to this Agreement until it
has attempted to settle the dispute with the other Party by mediation and either the
mediation has terminated or the other Party has failed to participate in the mediation,
provided, however, that either Party may commence arbitration if the dispute has not
been settled within 90 days of the giving of the notice under Clause 10.2.2.”
Sub-Clause 10.3 - Amicable Settlement
Delete the entire Sub-Clause and replace with:
“10.3 - Arbitration
10.3.1 If the mediation fails then the Parties will attempt jointly to make a written record of
those matters (if any) relating to the dispute which have been agreed to by them, for
submission in any later arbitration. The mediator's role will cease, at the latest, upon the
commencement of any arbitration. The mediator will not be available to appear as a
witness in the arbitration, nor to provide any additional evidence obtained during the
mediation.
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10.3.2 Unless stated otherwise in the Particular Conditions or if mutually agreed by the parties
under Clause 10.4, any arbitration arising out of or in connection with this Agreement
shall be resolved under the Rules of Arbitration of the International Chamber of
Commerce by one or more arbitrators appointed in accordance with said rules. The seat of
arbitration will be Bogota, Colombia. The language of arbitration will be English. The
arbitration will be governed by the substantive laws of the Republic of Colombia.”
Sub Clause 10.4 – Arbitration
Delete the entire Sub-Clause including its heading and replace with:
“10.4 – Possible Alternative to Arbitration
10.4.1 Only if agreed in writing by both Parties for a specific dispute can Amicable Componer be
the dispute resolution mechanism as an alternative to Arbitration.
10.4.2 In this case the Parties will, after following the mediation procedure under Sub-Clause
10.2, agree in writing to resovle the dispute by an Amicable Componer. The procedure
rules for the
Amicable Componer will be those of the Bogota Chamber of Commerce, but the parties
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will decide in their written agreement on the number of members and the experience and
academic requirements for each member. In any case, the dispute will be governed by the
substantive laws of Colombia and the procedure will be held in English.
10.4.3 In the event either Party declines to agree on the Amicable Componer mechanism, the
contracted procedure will remain Arbitration as under Clause 10.3.”
Sub Clause 10.5 – Failure to Comply with the Adjudicator’s Decision
Delete the entire Sub-Clause including its
heading Add new Clause 11 – Assistance to Defense
“Clause 11 – Assistance to Defense
11.1
In the event that a penalty process is initiated for events attributable to the Consultant, the
Consultant shall participate in the defence if the Client requests for its assistance in order to
exercise a coordinated defense in the interest of both Parties.”
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Appendix 1
1
Scope of Services
General
In signing this Agreement, and under the contract prices, the Consultant accepts overall
responsibility as Design Contractor for the successful delivery of all aspects for the Early
Work and Previous Phase (from concept design through to completion of 100% design
approval) of the overall design of PLMB as required to meet the various targets and
specifications defined by the Concession Contract, which is imported to this Agreement in
Appendix 6.
Certain aspects of the design work shall be contributed to and/or carried out by others such
as the work by the designers of the rolling stock, the signaling, as well as the Systems scope
to be carried out by the appointed Systems Advisory Team, and contributions shall be made
by the designated Operator. The Design Responsibility and Scope Allocations are specified
in the matrixes under 4.1, 4.2, and 4.3 of this appendix which the Parties agree may need to
be revised with the determination by the Interventoría and EMB.
Whilst the Consultant shall make its best efforts to review such work carried out by others,
and to integrate the various contributions together into a total integrated design (as
indicated below), the responsibility for errors in such works will remain with the originators
of the different aspect of design.
The Consultant shall himself be fully responsible for all Civil design work (excluding those
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works listed under 2.2 - Additional Lump Sums of this appendix to the extent that those
works are not ordered by the Client from the Consultant) and for the Systems concept and
Preliminary Design, and for Systems Integration (incl. RAMS), all to the extent necessary to
ensure the railway shall be designed such that the Client can meet its obligation to
construct and commission a railway able to be operated as defined in the Concession
Contract.
The design of the viaduct superstructure including bridge bearings, as well as the associated
noise and vibration studies shall be carried out by the Consultant’s affiliate in Canada and
the design of all aspects of Railway Systems, including integration and RAMS for the
Services, shall be carried out by the Consultant’s affiliate in UK. Additional detail of the split
of work between the Consultant and its affiliates is proposed in the relevant parts of the
Consultant’s Final proposal, although the Parties agree that the details to be reviewed and
revised, as is found necessary, after the Commencement Date for Early Works.
The Consultant shall lead the design teams to integrate at each stage the various designs
contributed to and/or developed by others into an integrated set of overall designs and
submit them and secure all necessary approvals for them.
The Consultant shall undertake the services in compliance with the requirements for
Environmental & Social Impact in Technical Appendix 14 and 15.
The Consultant shall follow the following guidelines for the design consultancy services:
Deleted: it is
Deleted: are
Deleted: and, if necessary,
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1.1
Intent
The design of PLMB requires carefully considered strategies to equitably support longevity
and the possibility of expansion or adaptability/change over time.
Designs shall be guided by all applicable rules and regulations as required in Colombia,
including, but not limited to, recognized standards, the requirements of the relevant
statutory and service authorities/agencies, the requirements of the relevant parts of the
Concession Contract and EMB/Interventoría’s requirements as well as the requirements of
the Client, all in order that the Works are completed to meet the requirements of the
Concession Contract. The subsequent clauses of this Appendix shall be read with the various
requirements of the Concession Contract.
1.2
Clarity
The design shall reflect a clear understanding of the Client’s mission and programme goals.
1.3
Value
The design requires consideration of cost effectiveness and maintainability, including a
commitment to schedule priorities, and consider a life-cycle analysis approach in the
specification of durable and simply maintained materials and systems wherever possible.
Each of the systems, and the overall railway, shall be designed to operate efficiently and in
accordance with the requirements of the Concession Contract.
1.4
Innovation
A creative balance shall be achieved between design innovation and the realities of public
operating and maintenance practices.
1.5
Collaboration
The Consultant shall work with the Client’s internal teams, the Systems Advisory Team, the
Designer of Rolling Stock, the Designer of the Signaling System, the Operator, appointed
external teams, Authorities, Utility Service Providers, as well as various Sub-contractors and
other stakeholders to deliver various tasks throughout the duration of this Agreement.
1.6
Integration and Interface
The Consultant shall make its best efforts to ensure that an overall design is developed,
adopting, to the greatest extent possible, universal principles across the Project. The best
possible integration management and interface management shall be applied by the Consultant
to coordinate technical matters with other parties/designers/stakeholders to minimize revision
and resubmission and to ensure that approvals are granted on schedule. In the event that other
parties/designers/stakeholders are causing the designs to fall behind programme or otherwise
imperiling design quality or progress the Consultant shall advise the Client, who shall engage in
the issue as the Client finds appropriate.
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1.7
Constructability and Specifications
The completeness, accuracy, and integrity of Design Documents shall be assured. Documents
shall be comprehensive, clearly detailed, and well-coordinated across multiple disciplines.
Specifications shall be strictly coordinated with related drawings and material schedules for the
particular requirements. In its role of overall designer, the Consultant shall overview the
documents produced by others and seek to ensure the production of a comprehensive,
integrated and effective design, but each originator will retain responsibility for its own
components of design. Upon final acceptance of the Documents, the Consultant shall issue the
required set of documents in a reproducible format as directed by the Client.
1.8
Building Information Modeling (BIM)
The Consultant shall implement BIM (Building Information Modeling) models as part of the
design, construction and operation and maintenance process in compliance with the
requirements of the Concession Contract (particularly AT-03).
Having consulted the other designers, the Consultant shall prepare a BIM Execution Plan and
submit it to the Client for approval within fourteen (14) days after the Commencement Date of
Early Works.
The BIM shall be a graphical database that, through 3D modeling, shall allow the virtual
representation of the physical and functional parts of the Project with objects rich in attributes,
allowing the extraction and use of them in different ways.
Each designer shall utilize the basic BIM modelling, produced initially by the Consultant, by
adding their own designs thereto (maintaining the specification for BIM Modeling prepared
initially by the Consultant). The Consultant shall then elaborate the BIM models of each
discipline as an integral part of the development of the PLMB project, respecting the following
requirements:

Develop BIM models by discipline in compliance with relevant international standards;

Develop BIM models with objects/elements native to the application; that is, they have
shall have parametric properties, such as columns, beams, walls, doors, windows, ducts,
pipes, conduits, trays, etc.;

All objects/elements shall have their respective parametric information (meta-data);

Maintain BIM models as the comprehensive source of information for the Project, both in
3D and 2D;

Update the BIM models at the reception of comments from internal quality control or
EMB/Interventoría or other authorities;

Hand over to the Client a complete set of BIM models after the completion of the 100%
design approvals, but maintain BIM model services thereafter for a transition period of six
(6) months.
The Consultant shall provide BIM licences, computers, etc. for its own use. Other users shall
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provide their own as they require.
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The Consultant recognizes that the Client intends to appoint BIM Specialists to work within the
Client team to oversee BIM application in planning, monitoring, reviewing the quality of BIM
applications through project life-cycle from Previous Phase through to the Operation &
Maintenance Phase and confirms that the Consultant shall work and cooperate closely with such
specialists.
1.9
ACONEX
In line with EMB’s requirement for correspondence distribution and circulation, the Consultant
shall attend all training as required by the Client, and shall utilize the ACONEX platform in official
submissions for review and approval including all technical documents, RAMS analysis, and BIM
models. (The central Aconex system will be provided by EMB with adequate numbers of licenses
free issued by EMB. The Consultant shall provide its own computers etc. capable to run the
system)
2
Scope of Services
The scope of services in general comprises the design components described in the Concession
Contract and its Technical Appendices, which shall include, but not be limited to, the following:
2.1
All design work required for the Previous Phase, which shall comprise:

Early work

Concept Design
-30% approval (internal)

Preliminary Design
-60% approval

Detailed Design
-90% approval

Construction Design
-100% final approval
The work above shall be paid for through the fixed price lump sum established in Appendix 3
[Remuneration and Payments] hereto, (varied as appropriate in accordance with the terms of
this Agreement).
The Consultant shall proactively contribute wherever possible to the development of the
balance of the Technical Management Plans and to the Project Management Plans which shall
be developed by the Client as is required in Technical Appendix 3 of theDeleted:
Concession
Contract. All
will
plans shall be developed initially in English before review by the Client. After finalization the
Deleted: in Spanish
plans shall be translated to Spanish by the Consultant and submitted by the Consultant to
EMB/Interventoría for approval.
2.2
Additional Services for the Previous Phase (Provisional Sums)
In inviting proposals for this work the Client excluded from the scope of the fixed price lump
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sum the categories of civil works design listed below, as the Client intended to retain the option
to order such work later, either from the Consultant, or from others.
Should such work be so ordered by the Client in writing, the relevant additional lump sum
price shall be added to the fixed price lump sum and the relevant additional scope shall be
added to the services of the Consultant.
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In the event that the items below are not ordered from the Consultant, but are carried out
by others than the Consultant, the Consultant shall define the information to be received
from the
other companies to inform its work, shall provide output to the other companies as
required from its designs, and shall incorporate/integrate and otherwise use the results of
those works in the Consultant’s own design works as necessary to achieve the overall
objective required by the Concession Contract.
2.2.1 Network Relocation
Networks Relocation is excluded from the Scope of Services for the Previous Phase design works
lump sum but is quoted as two separate additional Lump Sums by the Consultant, which is
specified in Appendix 3 [Remuneration and Payments].
2.2.2 Traffic Planning
Traffic planning is excluded from the Scope of Services for the Previous Phase design works lump
sum but is quoted as a separate additional Lump Sum by the Consultant, which is specified in
Appendix 3 [Remuneration and Payments]. In the event that Traffic Planning were to be
commissioned by the Client from others, site works such as traffic surveys would be fully
specified and supervisedby others including the specifications provided by the
Consultant
and ensure the
Deleted:
)
resultsaccording to be satisfied with the needs of the Lump Sum Design Services for the Previous Phase
and EMB/Interventoria’s approvals, but commissioned direct. The Consultant shall review and comment the
outcomes of the traffic survey by others, and ensure the Client from third parties at the Client’s costrelevant
outcomes fulfilling the requirement of deisgn works in the scope of the Lump Sum Design
Services.
2.2.3 Environmental & Social Specialists
Provision of Environmental and Social specialists listed in Client’s Invitation to Bid (dated 5th
December 2019) are excluded from the Scope of Services for the Previous Phase but is quoted as
a separate Additional Lump Sum by the Consultant based on agreed daily rates per professional,
which is specified in Appendix 3 [Remuneration and Payments].
2.3
Additional Services during or after Previous Phase (Daily Rate)
The Consultant shall provide whatever further consultancy services or variations as are ordered
in writing by the Client during or after the Previous Phase on a daily rate basis as further defined
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in Appendix 3 [Remuneration and Payments].
3
Early Work
The Consultant shall:

prepare the Geotechnical Investigation Specifications and monitor the site work of the
geotechnical investigation and the laboratory testing (which shall be contracted by the
Client from a third party at the Client’s cost) and also review the Geotechnical Factual
Report and prepare an Interpretive Report to guide design.

prepare the design execution plans (including integration and interface management) and
the detail design schedule according to the Client’s Master Programme.
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

prepare management plans and contribute to other management plans to be prepared by
the Client and/or collaborate in joint production of such plans - as found appropriate as
the work develops.

propose the definition of the percentage approval submissions (30%, 60%, 90% and 100%)

research secondary information available, both from validating the reference design and
from existing information from different third-party entities and other projects.

arrange and facilitate Workshops with the Sub-Contractors, the Operator, and the other
designers (BT, CRRC, and SAT) to identify preferred construction methodologies, materials,
available equipment, operational requirements, and design requirements, etc. (all in line
with the Concession Contract).

arrange and facilitate Workshops with third-party entities to pre-agree the approvals
process and to define the information required for submission.

design wherever/whenever possible to meet the Client’s project budget.

develop a detailed design schedule, identifying all relevant sub-activities, interdependencies, interfacing issues, approval periods and approval dependencies, etc.

create a manageable Requirements Register by extracting all design requirements from
the Concession Contract, particularly the technical appendices.

develop a project interface matrix and register (internal and external) including CRRC,
Bombardier, the systems advisory team and third-parties. This interface matrix and
register will be further complemented and managed during the design process.

define RAMS management requirements and processes, and seek approval from the ISA.

define BIM management requirements and processes, and seek approval from
EMB/Interventoría.
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
design and carry out noise studies (including specifying, arranging and interpreting the
required noise measurements which shall be contracted by the Client from a third party at
the Client’s cost) as necessary and determine the compliance or otherwise of the current
noise (pre-metro) with the (post-metro) requirements and, if necessary, seek to make the
case for revision to the requirements.

based on the results of the noise studies, consider the outline design of the cross section
of the viaduct to accommodate any necessary noise attenuation measures and seek early
approval in principle from EMB/Interventoría.

carry out studies of the drainage of the area of Bogota where the depot is to be located to
determine the potential for flooding of the depot and the surrounding area to determine if
a lower final depot level might be adopted and consider alternative depot defence
mechanisms that might be adopted.
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

explore further the expected settlement behaviour of the depot to establish the long-term
benefits in reduced settlement if a lower depot level could be established and if
appropriate seek to make the case to EMB/Interventoría for adoption of a lower depot
level.
4
Design Services (0% - 100%)
The Scope of Services for each approval stage shall be developed by the Consultant with full
understanding of the Concession Contract and all Technical Appendices (AT) and with
assistances from the Client, the Systems Advisory Team, the Signaling System Designer, the
Rolling Stock Designer, Operator, and third-parties (if any), and shall be implemented after
approval by the Interventoría and EMB.
Design Responsibility Matrix, Design Work Allocations, and RAMS Responsibility Matrix and
Deliverables have been prepared with inputs from the System Advisory Team, the Signaling
System Designer, the Rolling Stock Designer, and the Operator, and indicate the split of Previous
Phase design works as currently foreseen, however the Parties expect that some adjustment
may be required in accordance with EMB/Interventoría’s approval to official submission by the
Consultant, and the Consultant hereby accepts that such changes shall be covered within the
Previous Phase design work lump sum.
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4.1
Design Responsibility Matrix
29
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Design Work Allocation
No.
1
Discipline Scope of Services
（Per subdiscipline ）
Design Contractor (DC)
Stages
System Advisory Team (SAT)
Signaling System Designer
Rolling Stock Designer
OPERATOR
Equipment Supplier
Previous Stage
17. Review of the Technical Appendix of Concession Contract and "Reference Design” by Systra.
Include at least the following items:
1. Support and participate in the interface discussion
Review of the Technical Appendix of Concession Contract and "Reference Design” by Systra.
2. Initial identification of the qualified potential suppliers based on the established design criteria, system
Organize and prepare the detailed internal & external interface
configuration, performance, functional specification and RAMS requirements, etc.
Design input data and information gathering.
3. Support and participate in System optimization study
4. Set the basis of design (design criteria, standards, codes, etc. that the Detailed Design will comply with)
4. Review the concept design work and give comments based on the potential Chinese equipment.
5.Develop the overall Power Supply System design and system configuration.
5. Other (To be supplemented)
6. For high voltage (AT) power supply system
—All necessary system modelling, simulation and analysis to determine the number and location of SER, verify the capacity of high voltage power transformer.
—Data collection: 115kV system short-circuit capacity (maximum and minimum), grounding method, ground fault current and other related grid data; Requirements for control, protection,
interlocking, power switching, etc. of local electric corporation; Requirements for harmonics, metering, etc. of local electric corporation.
7. For traction power supply system
— Determine the number and location of traction substations;
—Determine the traction substation loadings and the DC system losses;
—Evaluate the capacity of the traction power equipment, in particular, transformers, rectifiers, switchgear, and cables;
—Confirm the traction voltage drops are within the acceptable limits;
—Confirm the voltage levels at rails are within safe limits;
8. For low voltage power supply system
—Determine the number and location of CTE;
—Evaluate the capacity of the low voltage power equipment, in particular, transformers, switchgear, and cables.
9. Describe the monitoring requirements of the power supply system.
10. System optimization study.
11. All necessary system modelling, simulation, calculation and analysis for power supply system, for example, short circuit calculation, power flow calculation, harmonic calculation, traction
simulation calculation, load group calculation, etc.
12. Establish system design criteria, voltage levels at train and rail, thermal capability for equipment, fault level compatibility for equipment and other performance and functional
specifications.
13. Confirmation of system configuration and redundancy arrangements sufficient to meet RAMS requirements, to be illustrated in a DC Major Feeding Diagram.
14. Review and identify any gaps and conflicts in relevant standards and requirements.
15. Issue design outline, templates for each design stage 30%, 60%,90% and 100%.
16. Other (To be supplemented) .
20. Prepare the Technical Specifications for Purcurement.
Include at least the following items:
1. Provide proposed primary equipment details by supported from protential equipment suppliers,
1. For high voltage (AT) power supply system
including: -Proposed cable containment/management system details supported by potential equipment
Develop outline designs for SER in the form of single line diagrams； General
suppliers -Proposed protection scheme solutions, supported by equipment suppliers -Proposed
arrangement layouts of primary equipment for SER； Determine primary
Conductor rail system solution, supported by equipment/sub-system suppliers -Proposed Stray current
circuit equipment ratings and primary circuit cable sizeing； Technical
system solution, supported by equipment/sub-system suppliers
Specifications of SER equipments；
2. Review the Preliminary design and give comments based on the potential Chinese equipment.
2. For traction power supply system
3. Contribute to determining the "final overall dimensions" for structure design by supported from
Determine primary circuit (substation and conductor rail) equipment ratings and primary circuit cable sizing；
equipment suppliers.
Develop outline designs for DC elements within substations in the form of single line diagrams and general arrangement layouts of primary equipment (rectifier transformer, rectifier
4. Determine the contact rail system installation plan ；
and DC switchgear, with their interconnections, etc.), determine primary circuit equipment ratings and primary circuit cable sizeing, etc.
5. Determine the maintenance plan ；
Develop designs for DC cable routing between traction substations and track interface in the form of outline cable routing arrangement drawings； Develop the
6. For stray current prevention system (if any)
DC Distribution Feeding Scheme Diagram； Develop the ‘Protection Scheme Philosophy (Concept)’ for DC elements； Develop a Performance and
SAT is responsible for providing requirements to civil engineering.
Functional Specification for each traction power supply equipments；
8.Propose protection logic, supported by equipment suppliers.
3. For low voltage power supply system
9.
Other (To be supplemented) .
Develop outline designs for CTE in the form of single line diagrams； General
6.
1.
1.
2.
2.
Define Train Control system configuration including train driving regimes;
Support and participate in the interface discussion;
Other (To be supplemented) .
3.
1.
2.
Define rolling stock technical data (physical, mechanical, electrical,etc.);
Support and participate in the interface discussion;
Other (To be supplemented) .
1.Define the spatial demand information, including equipment rooms and operational areas;
2.Provide operation requirement and information for the development and design of systems.
3.Other (To be supplemented) .
Support and participate in the interface discussion;
Other (To be supplemented) .
2.
Preliminary Design
─ High voltage (AT) power
supply system
─ SER
─ Medium voltage
(MT) distribution
network
─ Traction power supply system
─ Low voltage power supply
system
─ Contact Rail system
─ Stray Current protection system
─ Power SCADA
10.
Define Train Control system configuration including train driving regimes;
1. Support and participate in the interface discussion;
2. Other (To be supplemented) .
3.
1.
1.
Provide and confirm operation requirement and information for preliminary design.
Other (To be supplemented) .
1.
2.
3.
4.
5.
ProvidProvide all necessary details of equipment specifications;
Provid 3.Provide equipment 3D models for BIM;
Provide all necessary equipment parameters and calculations for RAMS;
SupporSupport in the interface discussion;
Other (To be supplemented) .
arrangement layouts of primary equipment for CTE； Determine primary
circuit equipment ratings and primary circuit cable sizeing； Technical
Specifications of CTE equipments.
For the third rail (contact rail) system
Determine the contact rail system principle and parameter； Determine the outline designs for contact rail system, in the form of single line diagrams and general arrangement layout； 5.For
stray current prevention system (if any)
Determine the provention scheme for stray current (DC is responsible for providing the stray current control concept and performance specification for design, modelling and
monitoring.)
6.for earthing and lighting system
Determine the specification and drawings of earthing and linghting systemn for power supply system； Determine
the drawings and neccessary calculation for earthing and lighting system；
Determine the requirements of earthing and lighting system to other aspects.
7.For power SCADA system
Determine the structure diagram of SCADA system；
Determine the SCADA system plan of the SER ,SET ,CET and so on；
Determine the capacity estimation of SCADA system； Determine the system software and hardware requirements；
Determine the grounding requirement and maintenance plan for SCADA system ；
8. Determine the protection functions of the power supply system.
9. Develop and issue of performance and functional requirement and specifications of equipment ;
10. Drawings, scheme diagrams, reports and calculations for the main components, facilities and systems;
11. Prepare the draft detail BOQ with major material lists in conjunction with SAT.
12. Develop the RAMS analysis and BIM models;
13. EMC analysis report .
14. Review of preliminary designs with the respective stakeholders;
15. Integration of any requirements arising from the Interventoria and ISA’s review of the applicable design and obtaining approval;
16. System integration design and liaison with third parties, including but not limited to municipalities, utility providers and stakeholders;
17. To organize and manage interface cooperation among different disciplines
18. Transfer of preliminary design to SAT
19. Other (To be supplemented) .
4.
Include at least the following items:
Technical review and advisorys;
Technical clarification discussions with SAT;
Closure of comments from stakeholders and third party entities;
4. To organize and manage interface cooperation among different professions;
5. Review and comment SAT's design that any requirements arising from the Interventoria and ISA’s review is intergrated. With assist with SAT to obtain the approval of the design.
6. Develop a complete, fully detailed, coordinated and integrated detailed design for SER.
7. Detail design for low voltage switchgear.
8. Detail desgin for the EMC.
9. Consolildate the RAMS analysis done by SAT and develop overall RAMS document.
10.Consolidate the BIM models done by SAT and develop overall BIM models.
11.
Other (To be supplemented) .
1.
2.
3.
12.
Develop a complete, fully detailed, coordinated and integrated detailed design,
including but not limited to fully dimensioned drawings, specifications, comprehensive design calculations.
1. System integration with detailes provided from equipment suppliers;
2. Develop draft final design of the RAMS documents and BIM models;
3. Other (To be supplemented) .
4.
1.
Support and participate in the interface discussion;
Other (To be supplemented) .
2.
1.
Support and participate in the interface discussion;
Other (To be supplemented) .
2.
1.
Provide and confirm operation requirement and information for detailed design.
Other (To be supplemented) .
ProvidProvide all necessary details of installation, test data, reports, shop drawings, etc.
Update 3equipment 3D models for BIM.
Provide all necessary equipment parameters and calculations for RAMS.
4.Provide all maintenance equipment installation drawings.
5.
Other (To be supplemented) .
1.
2.
3.
6.
0%~100%
Detailed Design
6.
30%~60%
60%~90%
Draft Detailed Design
1.1
Power Supply
─
0~30%
Concept Design
3.
Revise the design submission and drawings to incorporate all agreed comments from Interventoria during 90%
submission;
Develop full final set of construction design, technical specifications, RAMS documents, BIM models,
updated design calcuations if needed.
2. Other (To be supplemented) .
Include at least the following items:
Technical review and advisorys;
Technical clarification discussions with SAT;
Closure of comments from stakeholders and third party entities;
4. Review and comment SAT's design that any requirements arising from the Interventoria and ISA’s review is intergrated. With assist with SAT to obtain the approval of the design.
5. Other (To be supplemented) .
6.
Include at least the following items:
1.Review of the Technical Appendix of Concession Contract and "Reference Design” by Systra. 2.Organize
and prepare the detailed internal & external interface.
3. Review of the overall concept design and system configuration developed by BTRCS.
4. Establish the basis of design (design criteria, standards, codes, etc. that the Detailed Design will comply with), in conjunction with BTRCS
5. Conduct the primary UTO operation scenario analysis and organize the discussion of reletive entities and stakeholers(including the Operator, CRRC and BTRCS).
6.Disaggregate and apportioned RAMS requirement.
7. Issue design outline, templates and samples for each design stage 30%, 60%,90% and 100% which agreed by Interventoria and EMB, using information provided by BTRCS
8. Other (To be supplemented) .
9.
Include at least the following items:
1.
Develop the internal & external interface among
different disciplines; 2.Review the preliminary design and the BOQ developed by
BTRCS;
3. Review of preliminary designs with the respective stakeholders, in conjunction with BTRCS
4. Review and comment BTRCS's design that any requirements arising from the Interventoria and ISA’s review is intergrated. With assist of BTRCS to obtain the approval of the design;
5. Develop UTO operation scenario analysis and organize the discussion of reletive entities and stakeholers(including the Operator, CRRC and BTRCS).
6. Develop the preliminary design of:
1) Cabling(including tray layout,track crosses) exclude the signaling technical room.
2) Earthing exclude the signaling technical room.
3) Terminal boxes (light signal, point machine and signaling radio), based on requirements provided by BTRCS
4) FO cables and copper cables of signaling network, based on requirements provided by BTRCS
5) UPS, based on requirements provided by BTRCS
7. Application for the allocation of wireless frequency spectrum.
8. Consolildate the RAMS analysis done by BTRCS and develop overall RAMS document.
9.Consolidate the BIM models done by SAT and BTRCS and develop overall BIM models.
10.EMC analysis report ;
11.
Other (To be supplemented) .
12.
1.Review the preliminary design developed by the BTRCS; 2.Support and
participate in the interface discussion;
3.Develop technical specifications for materials which exclude from scope of BTRCS;
4.Review the technical specifications of system equipment provided by BTRCS;
5.Support and participate in further improvement of UTO operation scenario analysis;
7.
Other (To be supplemented) .
Include at least the following items:
Technical review on the detailed design by BTRCS;
Develop draft final UTO operation scenario analysis and organize the discussion of reletive entities and stakeholers(including the Operator, CRRC and BTRCS). 3.To
organize and manage interface cooperation among different disciplines;
4. Review and comment SAT's and BTRCS's design that any requirements arising from the Interventoria and ISA’s review is intergrated. With assist with SAT and BTRCS to obtain the
approval of the design.
5. Consolildate the RAMS analysis done by BTRCS and develop overall RAMS document.
6.Consolidate the BIM models done by SAT and BTRCS and develop overall BIM models.
7.
Other (To be supplemented) .
8.Participate in design liaison and review the detailed design documents and drawings .
1. Further develop of interface with other disciplines;
2. Develop the draft detailed design of:
1) Cabling(including tray layout,track crosses) exclude the signaling technical room.
2) Earthing exclude the signaling technical room.
3) Terminal boxes (light signal, point machine and signaling radio).
4) FO cables and copper cables of signaling network.
5) UPS
4. Develop the detailed BOQ with major material lists which exclude from scope of BTRCS;
5. Develop draft final design of BIM models;
6. Other (To be supplemented) .
1.
2.
3.
─Mainline ATC system
─Depot ATC system
─Testline system
─Training system
─Maintenance system
90%~100%
60%~90%
30%~60%
Detailed Design Draft Detailed Design
Preliminary Design
1.2
1.
2.
Include at least the following items:
Technical review on the detailed design by BTRCS;
Closure of final UTO operation scenario analysis;
Closure of comments from stakeholders and third party entities; based on responses/updates provided by BTRCS
4. Review and comment SAT's and BTRCS's design that any requirements arising from the Interventoria and ISA’s review is intergrated. With assist with SAT and BTRCS to obtain the
approval of the design.
5. Other (To be supplemented) .
1.
2.
3.
3.
1.
Provide all necessary details and support documents, etc.
Other (To be supplemented) .
Other (To be supplemented) .
Confirm the final detailed design of systems.
Other (To be supplemented) .
1.
1.
1.
2.
3.
4.
Review of the Technical Appendix of Concession Contract and "Reference Design” by Systra;
Support and participate in the interface discussion;
Support and participate in UTO operation scenario analysis;
Review the concept design and give comments;
Other (To be supplemented)
0~30%
Concept Design
3.
Signaling
4.2
6.
1.
2.
Revise the design submission and drawings to incorporate all agreed comments from Interventoria and ISA
during 90% submission;
Develop detailed design, technical specifications, BIM models, updated design calcuations if needed.
Other (To be supplemented) .
Design input data and information gathering, including review of the Technical Appendix of Concession
Contract and "Reference Design” by Systra and establishing the basis of design (design criteria, standards,
codes, etc.) that the Detailed Design will comply with, in conjunction with the DC.
Confirm the system configuration and redundancy arrangements are sufficient to meet RAMS
requirements.
2. Develop the overall concept design and system configuration to meet all stakeholder requirements(including
the Operator, CRRC ).Confirm the overall concept design and system configuration to meet all stakeholder
requirements
3. Review and identify any gaps and conflicts in relevant standards and requirements.
4. According to the basic data of vehicle and line, the performance of the system is verified to meet the
requirements of the concession contract through system performance calculation and simulation; 6.Support
and participate in the interface discussion;
7. Concept design of RAMS;
8. Support and participate in UTO operation scenario analysis;
9.Concept design of BIM.
10.Other (To be supplemented) .For details please refer to the contract documents.
5.
1.
1.Define rolling stock technical data (physical, mechanical, electrical,etc.);
2.Support and participate in the interface discussion; 3.Support and
participate in UTO operation scenario analysis; 4.Other (To be supplemented)
.
8. Develop the preliminary design,including system solution, system composition, system functions, operation 1.Cooperate with BTRCS for detailed system performance calculation and simulation;
control mode of the system, etc.;
2.Support and participate in the interface discussion;
1. Prepare the draft detail BOQ for equipment and materials;
3. Support and participate in further improvement of UTO operation scenario analysis;
2. Provide detailed system performance calculation and simulation based on the updated input datas;
4. Other (To be supplemented) .
4.Develop the Technical specifications,system equipment configuration;
5. Prepare all relative internal and external design interface document of signaling and other disciplines in
mainline, depot and OCC.
6. System integration design and liaison with third parties, including but not limited to municipalities, utility
providers and stakeholders;
7. Support for application of wireless frequency;
8.Develop the RAMS analysis and BIM models;
9.Develop EMC analysis report.
10.Support and participate in further improvement of UTO operation scenario analysis;
11.Other (To be supplemented) .For details please refer to the contract documents.
Provide the final technical specification, system configurations and take full responsibility for the safety and
integration of whole signal system design;
Provide and confirm all relative internal and external design interface document of signaling and other
disciplines in mainline, depot and OCC;
2. Provide and confirm all installation drawings for equipment supplied by BTRCS;
3. Provide detailed wiring diagrams of the interior of cabinets(racks) and between cabinets(racks);
5.Develop draft final design of the RAMS documents and BIM models;
6. Develop EMC analysis report.
7. Provide equipment 3D BIM models to SAT;
8. Closure of comments from stakeholders and third party entities;
9. Provide all necessary details of installation, test data, reports, shop drawings, etc;
10.Other (To be supplemented) .For details please refer to the contract documents.
7.
1.
Revise the design submission and drawings to incorporate all agreed comments from Interventoria and ISA
during 90% submission;
Develop full final set of detailed design, technical specifications, RAMS documents, BIM models,
updated design calcuations if needed.
2. Other (To be supplemented) .For details please refer to the contract documents.
3.
1.
30
10.
1.
Support and participate in the interface discussion.
Other (To be supplemented) .
Define train service and operational timetable information, train driving
regimes under regular operation and perturbations;
1. Support and participate in UTO operation scenario analysis;
2. Provide operation requirement and information for the development and design of systems.
4.Other (To be supplemented) .
Define operation control mode;
Provide operation requirement and information for the development and design of systems.
3.Support and participate in further improvement of UTO operation scenario analysis; 4.Define
the spatial demand information, including equipment rooms and operational areas； 5.Define the
maintenance management regime and personnel arrangement；
6.
Other (To be supplemented) .
5.
1.
Confirm operation control mode;
Confirm the draft final UTO operation scenario analysis;
2. Provide operation requirement and information for the development and design of systems.
4.Confirm the spatial demand information, including equipment rooms and operational areas；
5.Confirm the maintenance management regime and personnel arrangement；
6.
Other (To be supplemented) .
2.
1.
Provide all necessary details and support documents, etc. 2.Confirm the final detailed design.
3.Other (To be supplemented) .
1.
ProvidProvide all necessary details and support documents, etc.
2.
Other (To be supplemented) .
Version: FINAL DRAFT_20200731
29
31
Version: FINAL DRAFT_20200731
Version: Draft_E_20200720
(to be contituned)
No.
Design Contractor (DC)
Stages
System Advisory Team (SAT)
Signaling System Designer
Rolling Stock Designer
Include at least the following items:
Technical review on the detailed design by BTRCS;
Develop draft final UTO operation scenario analysis and organize the discussion of reletive entities and stakeholers(includin g the Operator, CRRC and BTRCS). 3.To
organize and manage interface cooperation among different disciplines;
4. Review and comment S AT's and BTRCS's design that any requirements arising from the Interventoria and ISA’s review is intergrated. With assist with SAT and BTRCS to obtain the
approval of the design.
5. Consolildate the RAMS analysis done by BTRCS and develop overall RAMS docum ent.
6.Consolidate the BIM models done by SAT and BTRCS and develop overall BIM models.
7.
Other (To be supplemented) .
1.
2.
2.
Include at least the following items:
Technical review on the detailed design by BTRCS;
Closure of final UTO operation scenario analysis;
Closure of comments from stakeholders and third party entities; based on responses/updates provided by BTRCS
4. Review and comment SAT's and BTRCS's design that any requirements arising from the Interventoria and ISA’s review is intergrated. With assist with SAT and BTRCS to obtain the
approval of the design.
5. Other (To be supplemented) .
1.
2.
Concept Design
30%~60%
0~30%
Preliminary Design
1)
2)
3)
4)
5)
6.
1.
2.
Revise the design submission and drawings to incorporate all agreed comments from Interventoria and ISA
during 90% submission;
Develop detailed design, technical specifications, BIM models, updated design calcuations if needed.
Other (To be supplemented) .
3.
Provide the final technical specification, system configurations and take full responsibility for the safety and
integration of whole signal system design;
Provide and confirm all relative internal and external design interface document of signaling and other
disciplines in mainline, depot and OCC;
2. Provide and confirm all installation drawings for equipment supplied by BTRCS;
3. Provide detailed wiring diagrams of the interior of cabinets(racks) and between cabinets(racks);
5.Develop draft final design of the RAMS documents and BIM models;
6. Develop EMC analysis report.
7. Provide equipment 3D BIM models to SAT;
8. Closure of comments from stakeholders and third party entities;
9. Provide all necessary details of installation, test data, reports, shop drawings, etc;
10.Other (To be supplemented) .For details please refer to the contract documents.
7.
1.
10.
1.
Support and participate in the interface discussion.
Other (To be supplemented) .
Equipment Supplier
Provide all necessary details and support documents, etc. 2.Confirm the final detailed design.
3.Other (To be supplemented) .
Revise the design submission and drawings to incorporate all agreed comments from Interventoria and ISA
during 90% submission;
1. Develop full final set of detailed design, technical specifications, RAMS documents, BIM models,
updated design calcuations if needed.
2. Other (To be supplemented) .For details please refer to the contract documents.
3.
Define rolling stock maintenance procedures.
1.Preliminary design of the rolling stock and track maintenance procedures. 2.Preliminary design of the
Include at least the following items:
maintenance workflow and layout of the equipment. 3.Prepare the Technical Specifications of Workshop
Technical review and advisorys;
Maintenance Equipment.
Technical clarification discussions with SAT;
4.Provide proposed primary equipment details by supported from protential equipment suppliers.
Review and comment SAT's design submission that all comments from stakeholders and third party entities are closed; 4.To
5.Develop the interface between the Workshop Maintenance Equipment and other disciplines.
organize and manage interface cooperation among different professions;
6. Prepare the primary BOQ of major equipment.
5.
Review and comment S AT's design that any requirements arising from the Interventoria and ISA’s review is intergrated. With assist with SAT to obtain the approval 7. Support and participate in further improvement of UTO operation scenario analysis.
of the design. 6.Consolildate the RAMS analysis done by SAT and develop overall RAMS document.
8.Develop the RAMS analysis and BIM models.
7.Consolidate the BIM models done by SAT and develop overall BIM models. 8.EMC
9.Other (To be supplemented) .
analysis report ;
9.Other (To be supplemented) .
1.Support and participate in the interface discussion.
2.Other (To be supplemented) .
Provide the detailed technical parameters, including but not
limited to, dimensions, mass, working envelopes, lifting
jack points ,maintenance requirements and Special
maintenance equipment.
1. Review and confirm the maintenance workflow and layout of the equipment.
3.Other (To be supplemented) .
1.Dev
Include at least the following items:
elop a
Technical review and advisorys;
compl
Technical clarification discussions with SAT;
ete,
3.Detail desgin for the EMC;
fully
4.
Review and comment SAT's design submission that all comments from stakeholders and third
detaile
party entities are closed; 5.To organize and manage interface cooperation among different professions;
6.
Review and comment SAT's design that any requirements arising from the Interventoria and ISA’s review is intergrated. W ith assist with SAT to obtain the approval d
design
of the design. 7.Consolildate the RAMS analysis done by SAT and develop overall RAMS document.
of the
8.Consolidate the BIM models done by SAT and develop overall BIM models.
maint
9.Other (To be supplemented) .
enanc
e
workfl
ow
and
layout
of the
equip
ment.
2.Co
mplet
e the
detaile
d
interfa
ce
betwe
en the
Works
hop
Maint
enanc
e
Equip
ment
and
other
discip
lines
based
on the
install
ation
infor
matio
n
provid
ed by
Suppli
er.
3.Develop the detailed BOQ with all equipment and major material lists.
4.Develop draft final design of the RAMS documents and BIM models.
5.Other (To be supplemented) .
1.Support and participate in the interface discussion.
2.Other (To be supplemented) .
Define the maintenance workflow and layout of the equipment.
3.Support and participate in the interface discussion.
4.Other (To be supplemented) .
1.
1.
2.
3.
1.Provide the installation information of equipments which supplied by CRRC.
2.Other (To be supplemented) .
90%~100%
60%~90%
Detailed Design
Draft Detailed Design
2.
Workshop Maintenance Equipment
Include at least the following items:
Technical review and advisorys;
Technical clarification discussions with SAT;
Review and comment SAT's design submission that all comments from stakeholders and third party entities are closed;
4. Review and comment SAT's design that any requirements arising from the Interventoria and ISA’s review is intergrated. With assist with SAT to obtain the approval of the design.
5. Other (To be supplemented) .
1.
2.
3.
Provide all necessary details and support documents, etc.
1.
Other (To be supplemented) .
Revise the design submission and drawings to incorporate all agreed comments from Interventoria during 90%
submission;
Develop full final set of construction design, technical specifications, RAMS documents, BIM models,
updated design calcuations if needed.
2. Other (To be supplemented) .
6.
14.
Review of the Technical Appendix of Concession Contract and "Reference Design”
Include at least the following items:
by Systra.
Review of the Technical Appendix of Concession Contract and "Reference Design” by Systra.
1. Support and participate in the interface discussion.
Design input data and information gathering.
2. Initial identification of the qualified potential suppliers based on the established design criteria, system
Organize and prepare the detailed internal & external interface.
configuration, performance, functional specification and RAMS requirements, etc.
Provide further development and detail of Requirement Specifications that contains minimum a set of general arrangemnet drawings and detailed sepcifications compatible with the basic train
3. Support and participate in System optimization study
and platform overall dimensions and requirement of Technical Appendices.
4. Review the concept design work and give comments based on the potential Chinese equipment.
5. Set down the basis of PDAP's design (Design Criteria, Standards,Codes,main technical parameters, requirements, etc.)
6.Other (To be supplemented) .
6. Optimization study.
7. Provide sufficient details to allow selection of preferred list of suppliers.
8. Disaggregate and apportioned RAMS requirement and confirm the system configuration and redundancy arrangements sufficient to meet RAMS requirements.
9. Support and participate in UTO operation scenario analysis.
10.
Review and identify any gaps and conflicts in relevant standards and requirements.
11.
Issue design outline, templates for each design stage 30%, 60%,90% and 100% which agreed by Interventoria and EMB.
12.Concept design of BIM;
13.
Other (To be supplemented) .
1.
0~30%
Concept Design
1.Provide and confirm operation requirement and information for preliminary
design. 2.Review and confirm the rolling stock and track maintenance procedures.
Review and confirm the maintenance workflow and layout of the equipment.
4. Review and confirm the Technical Specifications of Workshop Maintenance Equipment.
5.Other (To be supplemented) .
2.
3.
1.Provide and confirm operation requirement and information for detailed design. 2.Confirm the
final detailed Technical Specifications of Workshop Maintenance Equipment. 3.Other (To be
supplemented) .
2.
1.
Confirm the final detailed design.
Other (To be supplemented) .
1.
5.
1.
2.
3.
4.
5.
Support and participate in the interface discussion;
1.
Other (To be supplemented) .
2.
1.
2.
3.
Provide preliminary train parameters, including the width and length of train, width and heigh of door, numbers of
door,space between doors,etc,and provide the gauge of vehicle and PDAP .
Support and participate in the interface discussion.
Other (To be supplemented) .
3.
1.
Provide all necessary details of equipment specifications;
Provide equipment 3D models for BIM;
Provide all necessary equipment parameters and calculations for RAMS;
Support in the interface discussion;
Other (To be supplemented) .
Provide all necessary details of installation, test data, reports, shop drawings, etc.
Update equipment 3D models for BIM.
Provide all necessary equipment parameters and calculations for RAMS.
4.Provide all maintenance equipment installation drawings.
5.
Other (To be supplemented) .
1.
2.
2.
1.
2.
2.
60%~90%
30%~60%
Draft Detailed Design Preliminary Design
Review of rolling stock and track maintenance procedures .
1. Provide operation requirement and information for the development and design of systems.
3.Initial identification of the maintenance workflow and layout of the equipment.
4.Initial identification of the requirements of the major equipment.
5.Other (To be supplemented) .
.
1.
P
D
A
1.
5.Confirm the maintenance management regime and personnel arrangement ；
6.
Other (To be supplemented) .
1.Support and participate in the interface discussion.
2.Other (To be supplemented) .
1.
Confirm operation control mode;
Confirm the draft final UTO operation scenario analysis;
Provide operation requirement and information for the development and design of systems.
4.Confirm the spatial demand information, including equipment rooms and operational areas；
2.
2.
Support and participate in the review of rolling stock and track maintenance procedures.
Support and participate in the assessment of the maintenance workflow and layout of the equipment .
3.Support and participate in the interface discussion.
4. Initial identification of the qualified potential suppliers based on the established design criteria, system
configuration, performance, functional specification and RAMS requirements, etc.
5. Support and participate in System optimization study
6.Other (To be supplemented) .
Include at least the following items:
Review of the Technical Appendix of Concession Contract and "Reference Design”,.
Assessment of depot equipment requirements and review of quantities.
3. Review of rolling stock and track maintenance procedures with CRRC and Xian Metro.
4.Review of building interfaces and space provision with Depot Building Designer.
5.
Review and assessment of electrical load requirements with Depot
Building Designer. 6.Review of storage facilities within the buildings with Depot Building
Designer.
7. Assessment of the maintenance workflow and layout of the equipment with CRRC.
8. Assessment of the interfaces with the depot civil works for foundations with Depot Building Designer.
9. General arrangements of the depot layout for maintenance.
10.
Outline specification for the requirements of the major equipment including functional performance, assumptions and limitations to allow selection of preferred list of suppliers.
11.
Set down the basis of design (Design Criteria, Standards, Codes, etc. that the detailed design will comply with).
12.
Specify and list the interfaces and provide an interface definition document for each interface (eg structures, signalling, power, architecture).
13.
Optimization study.
14. Disaggregate and apportioned RAMS requirement and confirm equipment redundancy arrangements sufficient to meet RAMS requirements.
15.
Support and participate in UTO operation scenario analysis.
16.
Review and identify any gaps and conflicts in relevant standards and requirements.
17.
Issue design outline, templates for each design stage 30%, 60%,90% and 100% which agreed by Interventoria and EMB.
18.Concept design of BIM; 19.Other (To be supplemented) .
2.
1.3
8. Participate in design liaison and review the detailed design documents and drawings .
Further develop of interface with other disciplines;
Develop the draft detailed design of:
Cabling(including tray layout,track crosses) exclude the signaling technical room.
Earthing exclude the signaling technical room.
Terminal boxes (light signal, point machine and signaling radio).
FO cables and copper cables of signaling network.
UPS
4. Develop the detailed BOQ with major material lists which exclude from scope of BTRCS;
5. Develop draft final design of BIM models;
6. Other (To be supplemented) .
1.
1.
1.4
OPERATOR
Previous Stage
90%~100%
60%~90%
Detailed Design Draft Detailed Design
1
Discipline Scope of Services
（Per subdiscipline ）
Provide all necessary details and support documents, etc.
Confirm final equipment installation drawings.
Other (To be supplemented) .
Provide operation requirement and information for the development and design of systems.
Other (To be supplemented) .
4.
1.Develop the Preliminary Design of PDAP . 2.Prepare the Technical Specifications of PDAP.
Include at least the following items:
4.Provide proposed primary equipment details by supported from protential equipment suppliers.
Technical review and advisorys,.
5.Develop the interface between the PDAP and other disciplines.
Answer technical queries and coordinate with SAT to enable an integrated and compliant solution
6. Prepare the primary BOQ of major equipment.
Review and comment SAT's design submission that all comments from stakeholders and third party entities are closed; 4.To
7. Support and participate in further improvement of UTO operation scenario analysis.
organize and manage interface cooperation among different disciplines;
8.Develop the RAMS analysis and BIM models.
5.
Review and comment SAT's design that any requirements arising from the Interventoria and ISA’s review is intergrated. With assist with SAT to obtain the approval
9.Other (To be supplemented) .
of the design. 6.Consolildate the RAMS analysis done by SAT and develop overall RAMS document.
7.Consolidate the BIM models done by SAT and develop overall BIM models. 8.EMC
analysis report ;
9.Other (To be supplemented) .
Support and participate in the interface discussion;
1. Other (To be supplemented) .
Include at least the following items:
10. Develop a complete, fully detailed design, including but not limited to fully dimensioned drawings,
specifications.
Technical review and advisorys;
1. Complete the detailed interface between PDAP and other disciplines based on the installation information
Technical clarification discussions with SAT;
provided by Supplier.
3.Detail desgin for the EMC;
2. Develop the detailed BOQ with all equipment and major material lists.
4.
Review and comment SAT's design submission that all comments from stakeholders and third
4.Develop draft final design of the RAMS documents and BIM models.
party entities are closed; 5.To organize and manage internal and external interface among different disciplines;
5.Other (To be supplemented) .
6.
Review and comment SAT's design that any requirements arising from the Interventoria and ISA’s review is intergrated. With assist with SAT to obtain the approval
of the design. 7.Consolildate the RAMS analysis done by SAT and develop overall RAMS document.
8. Consolidate the BIM models done by SAT and develop overall BIM models.
9. Other (To be supplemented) .
1.Support and participate in the interface discussion.
2.Other (To be supplemented) .
1.
2.
1.
Comfirm the train parameters that provided .
Other (To be supplemented) .
2.
1.
Provide and confirm operation requirement and information for preliminary design.
Other (To be supplemented) .
2.
1.
2.
2.
3.
3.
1.
4.
2.
1.Support and participate in the interface discussion.
2.Other (To be supplemented) .
1.Provide and confirm operation requirement and information for detailed design.
2.Other (To be supplemented) .
Provide all necessary details and support documents, including manufacturing
drawings,construction drawings,installation method,testing specification, equipment
details, etc.
Update equipment 3D models for BIM.
2. Provide all necessary equipment parameters and calculations for RAMS.
4.Other (To be supplemented) .
1.
32
Provide all necessary details of equipment specifications;
Provide equipment 3D models for BIM;
Provide all necessary equipment parameters and calculations for RAMS;
Support in the interface discussion;
Other (To be supplemented) .
90%~100%
Detailed Design
Version: FINAL DRAFT_20200731
Revise the design submission and drawings to incorporate all agreed comments from Interventoria during 90%
submission;
Develop full final set of construction design, technical specifications, RAMS documents, BIM models,
updated design calcuations if needed.
2. Other (To be supplemented) .
Other (To be supplemented) .
16.
Review of the Technical Appendix of Concession Contract and "Reference Design”.
Include at least the following items:
1. Support and participate in the interface discussion.
Review of the Technical Appendix of Concession Contract and "Reference Design” by Systra.
2. Initial identification of the qualified potential suppliers based on the established design criteria, system
Organize and prepare the detailed internal & external interface.（For example：Interface with ASIR （The recommended interface is located at CCO or CCO-R system ）)
configuration, performance, functional specification and RAMS requirements, etc.
3.Design input data and information gathering.（For example：Passenger flow demand （quantity of equipment ）,the station equipment layout ）)
3. Support and participate in System optimization study.
4.Set the basis of design (design criteria, standards, codes, etc. that the Detailed Design will comply with). 5.Develop
4. Review the concept design work and give comments based on the potential Chinese equipment.
the overall AFC system design and system configuration.
5. Other (To be supplemented).
6. Develop a coordinated and integrated outline design solution (not a detailed design) that, following review and acceptance by EMB, will be subsequently developed into a detailed design.
7. Optimization study.
8. Establish system design criteria, performance and function al specifications.
9. Disaggregate and apportioned RAMS requirement and confirm equipment redundancy arrangements sufficient to meet RAMS requirements.
10. Start the development of an Assurance Strategy to assure AFC sysytem deliverables produced through to the 100% stage as well as enabling construction, will provide the required evidence for
acceptance of the metro system by EMB.
11. Review and identify any gaps and conflicts in relevant standards and requirements.
12.
Issue design outline, templates for each design stage 30%, 60%,90% and 100% which agreed by Interventoria and EMB.
13.Concept design of BIM;
15.
Other (To be supplemented) .
Other (To be supplemented) .
Design input data and information gathering （For example：Housing demand ，Station equipment layout space
Include at least the following items:
requirements，the ticket information demand ，Interface requirements with ASIR ）.
Technical review and advisorys,.
1. Develop the preliminary design solution, system composition, system functions, operation mode of the
Answer technical queries and coordinate with SAT to enable an integrated and compliant solution
system.
Review and comment SAT's design submission that all comments from stakeholders and third party entities are closed;
2. Develop and issue of performance and functional requirement and specifications of equipment ;
4.Organize and manage internal & external interface cooperation among different disciplines;
3. Drawings, scheme diagrams, reports and calculations for the main components, facilities and systems;
5.
Review and comment SAT's design that any requirements arising from the Interventoria and ISA’s review is intergrated. With assist with SAT to obtain the approval
4. Prepare the draft detail BOQ with major material lists;
of the design. 6.Consolildate the RAMS analysis done by SAT and develop overall RAMS document.
5. Prepare the Technical Specifications for Purcurement.
7.Consolidate the BIM models done by SAT and develop overall BIM models. 8.EMC
6. Provide proposed primary equipment details by supported from protential equipment suppliers.
analysis report ;
7. Contribute to determining the "final overall dimensions" for systems structure design by supported from
9.Other (To be supplemented) .
equipment suppliers.
8. Other (To be supplemented) .
Other (To be supplemented) .
Include at least the following items:
Technical review and advisorys;
Technical clarification discussions with SAT;
Review and comment SAT's design submission that all comments from stakeholders and third party entities are closed;
Review and comment SAT's design that any requirements arising from the Interventoria and ISA’s review is intergrated. With assist with SAT to obtain the approval of the design.
5. Other (To be supplemented) .
1.
2.
3.
4.
6.
Other (To be supplemented) .
Other (To be supplemented) .
1.
Concept Design
0~30%
Define the spatial demand information, including equipment rooms and operational areas,the station equipment
layout of the AFC system.
Provide operation requirement and information for the development and design of systems.
Other (To be supplemented) .
2.
Other (To be supplemented) .
Provide and confirm operation requirement and information for preliminary design.
Confirm the spatial demand information, including equipment rooms and operational areas,the station
equipment layout of the AFC system.
2. Propose maintenance management regime and personnel arrangement to match with system design.
4.Make Suggestions to parameter of equipment.
5.Other (To be supplemented) .
1.
1.
30%~60%
Preliminary Design
AFC
1.
Provide all necessary details and
support documents, etc. 2.Other (To be supplemented) .
1.
2.
1.5
Confirm the final detailed design.
Other (To be supplemented) .
1.
1.
2.
3.
33
Provide all necessary details of equipment specifications;
Provide equipment 3D models for BIM;
Provide all necessary equipment parameters and calculations for RAMS;
Support in the interface discussion;
4. Other (To be supplemented) .
1.
2.
3.
Version: FINAL DRAFT_20200731
(to be continued)
Version: Draft_E_20200720
34
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No. Discipline Scope of Services
（Per subdiscipline）
Design Contractor (DC)
Stages
System Advisory Team (SAT)
Signaling System Designer
60%~90%
Draft Detailed Design
1.5
Include at least the following items:
Technical review and advisorys;
Technical clarification discussions with SAT;
Detail desgin for the EMC;
4. Review and comment SAT's design submission that all comments from stakeholders and third party entities are closed; 5.To organize and
manage interface cooperation among different disciplines;
6.
Review and comment SAT's design that any requirements arising from the Interventoria and ISA’s review is intergrated. With assist with SAT to obtain the approval of the design.
7.Consolildate the RAMS analysis done by SAT and develop overall RAMS document.
8. Consolidate the BIM models done by SAT and develop overall BIM models.
9. Other (To be supplemented) .
10.
1.
1.
2.
2.
3.
3.
4.
Develop a complete, fully detailed, coordinated and integrated detailed design, including but not limited to fully dimensioned drawings, specifications, comprehensive design calculations.
System integration with detailes provided from equipment suppliers.
Develop the detailed BOQ with all equipment and major material lists.
Develop draft final design of the RAMS documents and BIM models.
Other (To be supplemented) .
Include at least the following items:
Technical review and advisorys;
Technical clarification discussions with SAT;
Review and comment SAT's design submission that all comments from stakeholders and third party entities are closed;
4 Review and comment SAT's design that any requirements arising from the Interventoria and ISA’s review is intergrated. With assist with SAT to obtain the approval of the design.
5.
Other (To be supplemented) .
6.
9
0%~100%
Detailed Design
2.
Control and
Supervision Systems
3.
2.
Station SCADA system
CCO or CCO-R system
Depot SCADA system
Training system
Maintenance system
Power SCADA
7.
90%~1 5. 60%~90%
30%~60%
00%
Draft Detailed Design Preliminary Design
Final Detailed Design
─
─
─
─
─
─
Provide and confirm operation requirement and information for detailed design.
Confirm the spatial demand information, including equipment rooms and operational areas,the station
equipment layout of the AFC system.
Participate in design liaison, review and approve detailed design materials, documents and drawings.
3. Other (To be supplemented) .
1.
2.
6.
1.
Other (To be supplemented) .
Support and participate in the interface discussion;
Other (To be supplemented) .
Other (To be supplemented) .
4.
1.
2.
5.
Provide all necessary details of installation, test data, reports, shop draw
Update equipment 3D models for BIM.
Provide all necessary equipment parameters and calculations for RAMS
Other (To be supplemented) .
Confirm the final detailed design.
Other (To be supplemented) .
1.
2.
1.
Support and participate in the interface discussion;
Other (To be supplemented) .
2.
4.
3.
1.Define the spatial demand information, including equipment rooms and operational areas; 2.Provide operation
requirement and information for the development and design of systems. 3.Support and participate in UTO
operation scenario analysis;
Other (To be supplemented) .
Include at least the following items:
Review of the Technical Appendix of Concession Contract and "Reference Design” by Systra.
Organize and prepare the detailed internal & external interface
3. Design input data and information gathering.
4. Optimization study.
5. Provide further development and detail of Requirement Specifications related to the TCT systems.
6. Establish the basis of design (Design Criteria, Standards, Codes, etc.) with which the Preliminary and Detailed TCT Designs will need to comply. 7.Develop and
optimise the overall concept design and system configuration to meet all stakeholder requirements.
8. Disaggregate and apportioned RAMS requirement.
9. Confirm the system configuration and redundancy arrangements are sufficient to meet RAMS requirements.
10. Review and identify any gaps and conflicts in relevant standards and requirements.
11. Issue design outline, templates for each design stage 30%, 60%,90% and 100% which agreed by Interventoria and EMB.
12. Application for the allocation of wireless frequency spectrum.
13. Determine the system technical scheme, networking scheme, equipment layout principles, key technical indicators and other contents of the telecommunication system and radiocommunication
system, and provide the networking diagram, main equipment and material list of each system.
14. Support and participate in UTO operation scenario analysis. 15.Concept
design of BIM
16.Other (To be supplemented) .
1.
Prepare the Technical Specifications for Purcurement.
Provide proposed primary equipment details by supported from protential equipment suppliers.
Review the Preliminary design and give comments based on the potential Chinese equipment.
Contribute to determining the "final overall dimensions" for system structure design by supported from
equipment suppliers.
4. Other (To be supplemented) .
12.
5.
1.
1.
2.
2.
3.
3.
Include at least the following items:
Technical review and advisorys;
Technical clarification discussions with SAT;
3. Detail desgin for the EMC
4. Review and comment SAT's design submission that all comments from stakeholders and third party entities are closed; 5.To
organize and manage interface cooperation among different disciplines;
7.
Review and comment SAT's design that any requirements arising from the Interventoria and ISA’s review is intergrated. With assist with SAT to obtain the approval
of the design. 7.Consolildate the RAMS analysis done by SAT and develop overall RAMS document.
8. Consolidate the BIM models done by SAT and develop overall BIM models.
9. Other (To be supplemented) .
10.
1.
2.
1.
2.
3.
4.
Develop a complete, fully detailed, coordinated and integrated detailed design, including but not limited to fully
dimensioned drawings, specifications, comprehensive design calculations.
System integration with detailes provided from equipment suppliers;
Develop the detailed BOQ with all equipment and major material lists;
Develop draft final design of the RAMS documents and BIM models;
Other (To be supplemented) .
Support and participate in the interface discussion;
Other (To be supplemented) .
2.
1.
Support and participate in the interface discussion;
Other (To be supplemented) .
4.
5.
1.
Support and participate in the interface discussion;
Other (To be supplemented) .
2.
1.
Support and participate in the interface discussion;
Other (To be supplemented) .
Include at least the following items:
Technical review and advisorys;
Technical clarification discussions with SAT;
Review and comment SAT's design submission that all comments from stakeholders and third party entities are closed;
4 Review and comment SAT's design that any requirements arising from the Interventoria and ISA’s review is intergrated. With assist with SAT to obtain the approval of the design.
6.
Other (To be supplemented) .
7. Revise the design submission and drawings to incorporate all agreed comments from Interventoria and ISA
during 90% submission;
1. Develop full final set of construction design, technical specifications, RAMS documents, BIM models,
updated design calcuations if needed.
2. Other (To be supplemented) .
Other (To be supplemented) .
Review of the Technical Appendix of Concession Contract and "Reference Design” by Systra.
Support and participate in the interface discussion
2. Initial identification of the qualified potential suppliers based on the established design criteria, system configuration, performance, functional specification and RAMS requirements, etc.
3. Support and participate in System optimization study
4. Review the concept design work and give comments based on the potential Chinese equipment. 6.Other (To be supplemented) .
1.
Support and participate in the
interface discussion; 2.Other (To be supplemented) .
1.
. Support and participate in the
interface discussion; 2.Other (To be supplemented) .
2. Define train service and operational timetable
information, train driving regimes under regular operation
and perturbations;
1. Provide operation requirement and information for the development and design of systems.
3.Support and participate in UTO operation scenario analysis;
4.
Other (To be supplemented) .
Prepare the Technical Specifications for Purcurement.
Provide proposed primary equipment details by supported from protential equipment suppliers.
Review the Preliminary design and give comments based on the potential Chinese equipment.
Contribute to determining the "final overall dimensions" for structure design by supported from
equipment suppliers.
1.
1.
1.
2.
3.
1.
2.
Other (To be supplemented) .
1.Provide and confirm operation requirement and information for preli
demand information, including equipment rooms and operational areas
analysis;
Other (To be supplemented) .
Provide and confirm operation requirement and information for detailed
Confirm the spatial demand information, including equipment rooms an
3.Develop the UTO operation scenario analysis;
4.
Other (To be supplemented) .
2.
1.
Confirm the final detailed design.
Other (To be supplemented) .
1.
0~30%
Concept Design
2.
Include at least the following items:
Develop and issue of performance and functional requirement and specifications of equipment ;
Drawings, scheme diagrams, reports and calculations for the main components, facilities and systems;
Prepare the draft detail BOQ with major material lists;
4. Develop the RAMS analysis and BIM models;
5. EMC analysis report .
6. Review of preliminary designs with the respective stakeholders;
7. Integration of any requirements arising from the Interventoria and ISA’s review of the applicable design and obtaining approval;
8. System integration design and liaison with third parties, including but not limited to municipalities, utility providers and stakeholders;
9. To organize and manage interface cooperation among different disciplines;
10. Transfer of preliminary design to SAT.
11. Other (To be supplemented) .
1.
─
Include at least the following items:
Develop a coordinated and integrated outline design solution.(include preliminary General Arrangement (GA) drawings, sections, schematics and a draft Bill of Materials and
specification, detailed technical indicators, functional specification,MNS reliability analysis, radio system coverage simulation ).
2. Confirm the allocation of wireless frequency spectrum.
3.Develop the interface with different disciplines.
5. Develop the RAMS analysis and BIM models;
6. Review of preliminary designs with the respective stakeholders;
7. Integration of any requirements arising from the Interventoria and ISA’s review of the applicable design and obtaining approval;
8. System integration design and liaison with third parties, including but not limited to municipalities, utility providers and stakeholders; 9.Prepare
the draft detail BOQ with major material lists
10. EMC analysis report .
11. Support and participate in further improvement of UTO operation scenario analysis.
12. Transfer of preliminary design to SAT.
13. Other (To be supplemented) .
1.
30%~60%
Preliminary Design
─ Multi-service network
system(MNS)
─ Chronometry system
─ User management system
─ Telephone system
─ Voice recording system
─ Broadband network system
─ Passenger information system
─ Advertising dissemination
system
─ Video surveillance system
─ Passenger advertising system
─ IHM commnunication system
─ Access control system
─ Radiocommunication system
14.
Review of the Technical Appendix of Concession Contract and "Reference Design” by Systra.
Support and participate in the interface discussion
2. Initial identification of the qualified potential suppliers based on the established design criteria, system configuration, performance, functional specification and RAMS requirements, etc.
Support and participate in System optimization study
4. Review the concept design work and give comments based on the potential Chinese equipment.
5. Other (To be supplemented)
1.
Other (To be supplemented) .
0~30%
Concept Design
3.
Telecommunication&Radiocom
munication
1.7
OPERATOR
─
1.6
Include at least the following items:
Review of the Technical Appendix of Concession Contract and "Reference Design” by Systra.
Organize and prepare the detailed internal & external interface.
Design input data and information gathering.
4. Set the basis of design (design criteria, standards, codes, etc. that the Detailed Design will comply with) 5.Develop the
overall SCADA system design and system configuration.
6. Optimization study.
7. Establish system design criteria, performance and functional specifications.
8. Disaggregate and apportioned RAMS requirement and confirm equipment redundancy arrangements sufficient to meet RAMS requirements.
9. Support and participate in UTO operation scenario analysis.
10. Review and identify any gaps and conflicts in relevant standards and requirements.
11. Issue design outline, templates for each design stage 30%, 60%,90% and 100% which agreed by Interventoria and EMB. 12.Concept design of
BIM
13.
Other (To be supplemented) .
1.
Other (To be supplemented) .
6. Revise the design submission and drawings to incorporate all agreed comments from Interventoria and ISA
during 90% submission.
1. Develop full final set of construction design, technical specifications, RAMS documents, BIM models,
updated design calcuations if needed.
2. Other (To be supplemented) .
1.
3.
Rolling Stock Designer
Previous Stage
A
F
C
1
35
14.
1.
2.
3.
Support and participate in the interface discussion;
Support and participate in the interface discussion;
2.Define operation control mode;
Support and participate in further UTO operation scenario analysis;
2. Provide and confirm operation requirement and information for prelimi
spatial demand information, including equipment rooms and operational a
maintenance management regime and personnel arrangement；
8.
Other (To be supplemented) .
1.
Version: FINAL DRAFT_20200731
90%~100%
5. 60%~90%
Final Detailed Design Draft Detailed Design
Include at least the following items:
Technical review and advisorys;
Technical clarification discussions with SAT;
Review and comment SAT's design submission that all comments from stakeholders and third party entities are closed;
4. Review and comment SAT's design that any requirements arising from the Interventoria and ISA’s review is intergrated. With assist with SAT to obtain the approval of the design. 5.Detail
design for voice and data network.(station, depot,OCC).
6. Detail desgin for the EMC.
7. Consolildate the RAMS analysis done by SAT and develop overall RAMS document.
8.Consolidate the BIM models done by SAT and develop overall BIM models.
9.
Other (To be supplemented) .
1.
2.
3.
1.
2.
3.
4.
5. Provide all necessary details . e.g. interface data, documents,etc.
Other (To be supplemented) .
1.
Revise the design submission and drawings to incorporate all agreed comments from Interventoria during 90%
submission;
Develop full final set of construction design, technical specifications, RAMS documents, BIM models,
updated design calcuations if needed.
2. Other (To be supplemented) .
3.
6.
1.
Provide all necessary details and support documents, etc.
Other (To be supplemented) .
2.
1.
2.
1.
Provide all necessary details . e.g. interface data, documents,installationetc.
Other (To be supplemented) .
1.Provide and confirm operation requirement and information for detailed
2.Other (To be supplemented) .
Provide all necessary details and support documents, etc.
Other (To be supplemented) .
1.
2.
Confirm the final detailed design.
Other (To be supplemented) .
1.
4.
5.
Include at least the following items:
Technical review and advisorys;
Technical clarification discussions with SAT;
Review and comment SAT's design submission that all comments from stakeholders and third party entities are closed;
Review and comment SAT's design that any requirements arising from the Interventoria and ISA’s review is intergrated. With assist with SAT to obtain the approval of the design.
Other (To be supplemented) .
10.
Develop a complete, fully detailed, coordinated and integrated detailed design,
including but not limited to fully dimensioned drawings, specifications, comprehensive designs.
1. System integration with detailes provided from equipment suppliers;
3.Develop the detailed BOQ with all equipment and major material lists.
4.Develop draft final design of the RAMS documents and BIM models.
4.
Other (To be supplemented) .
1)
Participate in factory testing. To be covered under construction rates.
1)
Participate in factory testing.
1)
Participate in factory testing.
1)
Participate in factory testing.
1)
Participate in factory testing.
1)
Participate in factory testing.
1)
Site service To be covered under construction rates.
1)
Site service
1)
Site service
1)
Site service
1)
Site service
1)
Site service
2)
1)
Participate in integrated testing and commissioning.
Solve problems during integrated testing & commissioning.
2)
1)
Participate in integrated testing and commissioning.
Solve problems during integrated testing & commissioning.
2)
1)
Participate in integrated testing and commissioning.
Solve problems during integrated testing & commissioning.
2)
1)
Participate in integrated testing and commissioning.
Solve problems during integrated testing & commissioning.
2)
1)
Participate in integrated testing and commissioning.
Solve problems during integrated testing & commissioning.
2.
2
Factory Testing Inspection
3
Construction and Installation
Supervision
4
Integrated Testing & Commissioning
2)
2)
Participate in integrated testing and commissioning.
1) Solve problems during integrated testing & commissioning. To be covered under construction rates.
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4.3
RAMS Responsibility Matrix
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5.1
RAMS Deliverables
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Submissions
The Consultant shall prepare and submit to EMB/Interventoría whatever number of electronic
and hard copies of documents and drawings in whatever format is agreed in each submittal for
approvals.
6
Authorities Approval
The Consultant shall apply for and obtain all required approvals from EMB/Interventoría and
from any/all relevant local Government Agencies/Service Providers as well as the BRT
Concessionaire having jurisdiction, although the Consultant shall not be responsible for applying
and obtaining approvals for those services listed under 2.2 - Additional Lump Sums of this
appendix to the extent that those services are not instructed by the Client to the Consultant.
The Consultant shall be responsible for all applications to the local authorities, including those
prepared initially by others in the design teams except for those services listed under 2.2 Additional Lump Sums of this appendix to the extent that those sevices are not ordered by the
Client from the Consultant.
All Applications to the Authorities shall be approved, prior to submission, by the Client, who
shall also assist in supporting the applications.
Drawings and documents shall be prepared initially in English by the preparing party.
Each preparing party shall retain responsibility for all drawings or documents prepared by itself,
41
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and shall sign or stamp all such documents as required.
After review and integration by the Consultant, drawings and documents shall be translated as
necessary to Spanish by the Consultant who shall sign/stamp together with the preparing parties
as required all drawings and forms prepared by the Consultant to meet the relevant Authority’s
procedures, and then file them with the appropriate regulatory agencies for approval. Where a
report or drawing is prepared by several parties every party must sign or stamp for their own
input on that deliverable.
In designing and procuring materials and equipment the Client, and/or the Consultant, shall seek
wherever possible to obtain from supplier’s detail drawings and Operation & Maintenance
manuals, including for use in approval processes.
Every effort shall be made by both Client and Consultant to persuade the Approving Authorities
to accept support documents prepared in English (and signed/stamped as appropriate in each
case by the originating party), in order to minimize translation. However, it shall be within the
Consultant’s scope to translate whatever proves to be required for such approval purposes.
Any amendment or compliance required by the Authorities shall be reviewed by the originating
party before incorporation, if the comments are accepted.
If a contradictory response is felt to be required, it will be prepared by the Consultant with
support from the originating party.
Deleted: works
Deleted: in case it is
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Coordination with the Construction Sub-Contractors
If Construction Sub-Contractors are engaged during Previous Phase, the Consultant shall take
their preferred construction sequences, workmanship, and methodologies into account in
relevant design of the permanent works., The Client shall coordinate the construction
sub-contractors to avoid the adoption of multiple different construction methods for individual
aspects of work. The Consultant shall not be required to develop construction sequences, design
launching gantries, or develop crane lifting patterns etc.
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Appendix 2
Personnel, Equipment, Facilities and Services of Others to be Provided
by the Client
NOT APPLICABLE
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Appendix 3
1
Remuneration and Payment
General
The agreed fixed lump sum price for the Early Works and Previous Phase design works as defined
in 2.1 of Appendix 1 of this Agreement shall be 82,433,000,000 COP and 16,037,000 USD plus
applicable VAT.
The breakdown of Agreed lump sum prices is listed in the Table 3-1 as follows:
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Table 3-1: List of Lump Sum Prices
No.
DESCRIPTION
PRICES (COP)
PRICES (USD)
1.1 DESIGNER’S MANAGEMENT AND APPROVALS TEAM,
COSTS such as INSURANCE,
$23,654,244,758
1.2 CIVIL WORKS DESIGN (including Civil, Structure,
Architecture, MEP for Stations and all other Buildings,
Road, and Urbanism)
$55,152,606,684
-
a.
Noise and Vibration (by WSP Canada)
-
$429,733
b.
U-Beam Design (by WSP Cananda)
-
$6,293,954
$3,626,148,558
-
1.3 BRT DESIGN
1.4 SYSTEMS DESIGN (excluding Rolling Stock and Signals/Train
Control) (including layout of Depot) by WSP UK supported
by System Advisory Team
-
$5,009,606
1.5 INTEGRATION (incl. Systems, Rolling Stock and
Signals/Train Control, and Civil) by WSP UK
1.6 RAMS by WSP UK
Total (Before VAT)
-
$2,707,832
-
$1,595,877
$82,433,000,000
$16,037,000
The Consultant shall be deemed to have satisfied itself of the accuracy and sufficiency of the
agreed fixed lump sum price for the Early Works and Previous Phase design works as shown in the
above Table 3-1. Any other services not listed in the table 3-1 but found necessary in relation to
the implematation of the Early Works and Previous Phase design services, which are directly
related to the scope of the services in this Agreement shall also be deemed to be included in the
agreed fixed sum price.
The Consultant also agrees to provide additional services beyond the services of the Previous
Phase design works lump sum listed in Table 3-1, if such are ordered by the Client, in which case
those services shall be paid for as follows:
(i) For the Additional Lump Sums (Provisional Sums) as defined in 2.2 of Appendix 1 of this
Agreement as ordered in writing by the Client during Previous Phase, and listed in the
Table 3-2 as follows:
Deleted: , and any
Deleted: works
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Table 3-2: List of Additional Lump Sums
No.
DESCRIPTION
2.a
Network Relocation
(i) Series 1 and 6 CODENSA and wet networks
PRICES (COP) (Before VAT)
(iii)
$5,613,387,470
(ii) Series 3 Projects
2.b
$3,506,637,919
Traffic Planning
(i) Previous Phase
(iii)
$9,514,999,863
(ii) Construction Phase
$13,728,023,667
$0
2.c Project Management Document
2.d Environmental and Social Specialists
$3,235,512,600
For variations/extra work ordered in writing by the Client during the Previous Phase, and for additional services
ordered in writing by the Client after the Previous Phase, lump sum prices shall be agreed wherever the scope can
be reliably defined and agreement reached but in the event that cannot be done, the Consultant shall be paid
under agreed Daily Rates determined in the open-book manner.
The Daily Rates shall be computed based on days worked by each person multiplied by their
actual monthly salary divided by 22 days per month and marked up by 2.5 for non-continuous
work in the Consultant’s own offices. Longer term work or that carried out in offices provided by
the Client, or at the cost of third parties, it shall be paid for at appropriately reduced rates to be
established to give a similar profit level. Invoices shall be submitted monthly in arrears.
Full definition of the open book daily rates shall be agreed by the Parties prior to work
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proceeding. To that end, the Consultant shall allow the Client access to all documentation related
to the manpower to be employed for the work, the overhead structure, the actual monthly or
annual salaries and the hours worked, as well as any other relevnt information that the Client
reasonably requests from the Consultant. Managerial staff whose costs are spread over other
staff in overhead calculations, shall not be paid for individually.
The Parties agree that those parts of the Scope of Services defined elsewhere in this Agreement,
including in Appendix 1 [Scope of Sevices], to be carried out by the Consultant’s affiliates in the UK
or Canada, will be paid for in USD to the Consultant’s foreign compensation account (cuenta de
compensación) from the Client’s foreign compensation account, as requested by the Consultant in
writing at least two (2) months in advance of the issue of each invoice.
Prices shall not be revised for any change in the Consumer Price Index (CPI) or underlying prices.
2
Bonuses for Timely Completion
An incentive payment of up to 2,061,000,000 COP and 400,000 USD shall be paid by the
Client to the Consultant in the proportions shown in the table below providing the key
milestones shown are met in accordance with the schedule incorporated therein:
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Table 3-3: Bonuses Payment Schedule
Bonuses Payment
30% Design Internal Review & Approval by
% of Bonuses Payment
Timings
20%
270 day
20%
450 day
90% Design Submission Review & Approval
40%
630 day
by EMB and Interventoría
(25% for Civils in COP and 15% for Systems in USD)
the Client
60% Design Submission Review & Approval
by the EMB and Interventoría
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100% Design Submissions & Approval by
EMB and Interventoría
720 day
20%
(10% for Civils in COP and 10% for Systems in USD)
Bonus payments shall generally be paid in COP, but those expressly marked as for Systems shall
be paid in USD instead if the Consultant so requests in writing at least two months before the
issue of each invoice by the Consultant. Any additional costs (including exchange costs and
additional taxes) incurred by the Client will be deducted from the payments made.
3
Payments / Bonuses for Optimization of Design
3.1 The Client recognizes that during the delivery of the Services there may well be opportunities to
optimize the Client’s proposals during tender stage to reduce the costs and/or time for the
Project.
As and when such opportunities are identified, if the Client wishes to proceed with them it will
instruct accordingly.
Generally, it will be the intention of the Client to incentivize the Consultant to carry out whatever
extra work is likely to be cost effective in allowing such cost benefits to be realized.
It is hereby confirmed that the Client intends to agree, at its sole discretion, incentivization
measures intended to reward and motivate the Consultant accordingly on a case by case basis.
A typical measure might be that the Client and Consultant agree that design effort be devoted to
an optimization scheme and that the Consultant shall be paid for the required work at an agreed
markup on basic daily rates with a bonus at a level to be determined case by case, generally in the
range of 25% to 75% extra, if the optimization of design is agreed by EMB.
Possibly other forms of incentivization will be agreed between the Parties dependent on whatever
particular circumstances might arise.
3.2 Notwithstanding the extra payment envisaged above, in entering the Agreement the Consultant
recognizes that except with the prior written consent of the Client no extension of Time for
Completion will accrue from Optimization of Design.
4
Advance Payment Guarantee
The Consultant shall, as a condition precedent to receiving the first advance payment specified in
the Payment Schedule provide in advance an approved, unconditional and irrevocable Advance
Payment Guarantee in the currency of the first advance payment.
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The Advance Payment Guarantee shall be provided from an internationally reputable bank with a
minimum credit rating of A- at Standard and Poor's or A3 at Moody's or an insurance company
duly incorporated in Colombia and authorized by the Superintendencia Financiera de Colombia.
The bank or insurance company must have been approved, prior to the issuing of the Advanced
Payment Guarantee, by the Client, and it shall be in the form and conditions agreed by the Parties
for an amount equal to 100% of the value of the advance payment.
The Consultant shall, as a condition precedent to receiving the second advance payment specified
in the Payment Schedule either:
provide in advance a second approved, unconditional and irrevocable Advance Payment
Guarantee in the currency and value of the second advance payments in the terms of the
requirements above;
or
adjust the value and term of the first Advance Payment Guarantee to the aggregate value of
both advance payments.
The Advance Payment Guarantee(s) will be returned one year after the whole amount of the
advance payment(s) covered by the guarantee(s) is/are made.
5
Performance Security
The Consultant shall, within 90 days from the Commencement Date, provide an approved,
unconditional and irrevocable bank bond or an approved insurance guarantee for the due
performance of the Services. This guarantee is to be obtained from an internationally reputable
bank with a minimum credit rating of A - at Standard and Poor's or A3 at Moody's or an insurance
company duly incorporated in Colombia and under the vigilance of the Superintendencia
Financiera de Colombia, which has been approved in advance by the Client. The guarantee shall
be in the form agreed by the Parties in an amount equal to 5% of the total amount of the Contract
value and in the same currency as payments are to be made in.
The Client shall return the Performance Security to the Consultant:
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(a) Within 21 days after 100% design approvals for Previous Phase design services by EMB
and the Interventoria, or
(b) Within 21 days of the date of termination if the Agreement has been terminated in
accordance with the 6.4.1 (d) or (e) or 6.4.2 under Sub-Clause 6.4 [Termination of
Agreement], and provided the Performance Security has not been called.
If the terms of the Performance Security specify an expiry date, and the Consultant has not
become entitled to the return of the Performance Certificate by the date 28 days before the
expiry date, the Consultant shall extend the validity of the Performance Security.
In the case that the Consultant is requested to continue its Services in daily rate basis after the
Previous Phase, the Consultant shall provide, prior to the return of the above mentioned
Performance Security, a new approved, unconditional and irrevocable bank bond or an approved
insurance guarantee for the due performance of the Services to be completed until the issuing of
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the Completion Notification and the
completion of the Tests, Certifications and
Commissioning Phase, what earlier occurs.
This new Performance Security shall be
obtained from an internationally reputable
bank with a minimum credit rating of A - at
Standard and Poor's or A3 at Moody's or an
insurance company duly incorporated in
Colombia and under the vigilance of the
Superintendencia Financiera de Colombia,
which has been approved in advance by the
Client. The guarantee shall be in the form
agreed by the Parties in an amount equal to
5% of 15 million USD in the same currency
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as payments are to be made in.
If the value for the Services after Previous Phase covered under the Performance Security is
expected to exceed 15 million USD, the Consultant shall increase the value of the Performance
Security by an additional 5% of 5 million USD. The value shall be modified in 5% of 5 million USD
increments every time the value of the Services ordered is expected to exceed the existing value.
6
Terms of Payment
The Consultant acknowledges that it has satisfied itself of the correctness and sufficiency of the
Contract Price and warrants, except as otherwise provided in the Agreement, that the Contract
Price covers all obligations of the Consultant under the Agreement.
The Contract Price shall not be subject to adjustment for any reason except in accordance with
the express terms of this Agreement.
No payment by the Client constitutes acceptance by the Client of the Services or any part thereof,
or releases the Consultant from any of its obligations or liabilities under this Agreement.
7
Time for Payment
Payment for the Early Works and the Previous Phase design works shall be made on the basis of
achievement by the Consultant of milestones as follows (Table 3-4):
Table 3-4: Lump Sum Payment Schedule
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% of
Payment Phases
No.
Expected Time /
Lump
Duration
Sum
1
Advance Payment
14 days after the
1.1 Advance Payment -1
5%
Commencement Date
for Early Work
1.2 Advance Payment -2
2
14 days after the
5%
Commencement Date
Monthly Payments (calculated from the Commencement Date)
2.1 Monthly payment at the end of each month over 30%
Submission/Internal Approval (9 month) –2% per
18%
month
2.2 Monthly payment at the end of each month over 60%
Submission/EMB Approval (6 month) – 3% per month
18%
1 - 9 Month
10 - 15 Month
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Payment Phases
No.
1
% of
Lump
Sum
Advance Payment
1.1 Advance Payment -1
1.2
No.
2
Expected Time /
Duration
Advance Payment -2
5%
14 days after the
Commencement Date
for Early Work
5%
14 days after the
Commencement Date
% of
Lump
Sum
Payment Phases
Expected Time /
Duration
Monthly Payments (calculated from the Commencement Date)
2.1 Monthly payment at the end of each month over 30%
Submission/Internal Approval (9 month) –2% per
month
18%
1 - 9 Month
2.2 Monthly payment at the end of each month over 60%
Submission/EMB Approval (6 month) – 3% per month
18%
10 - 15 Month
Monthly payment at the end of each month over 90%
18%
Submission/EMB Approval (6 month) – 3% per month
16 - 21 Month
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2.3
2.4 Monthly payment at the end of each month over
100% Submission/EMB Approval (6 month) – 3% per
month
3
9%
Milestone Payment (calculated from the Commencement Date)
22 - 24 Month
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3.1
30% Design Internal Review & Approval + BoQ + BIM
+ RAMS
2%
270 day
3.2
60% Design Submission & Approval by EMB + BoQ +
BIM + RAMS
7.5%
450 day
3.3
90% Design Submission & Approval by EMB + BoQ +
BIM + RAMS
7.5%
630 day
3.4
100% Design Submission & Final Approval by EMB +
BoQ + BIM + RAMS
10%
720 day (with bonuses)
or 810 day
Total
100%
The definition of the 30%, 60%, 90% and 100% stages of design listed in the table above shall be in accordance with the terms of the Concession Contract and this
Agreement including Appendix 1, as applied. The Parties acknowledge that the Concession Contract empowers the Interventoría to approve the stages of design and that
the procedures to be agreed with the Interventoría may necessitate adjustment of the table, albeit maintaining the agreed lump sum.
If payment 3.1 – 3.4 in Table 3-4 above are delayed for reasons the Consultant considers beyond its control, and
the Client
Deleted:
table considers that the Consultant
has made its best efforts to secure timely approvals, and has engaged with the Client in a joint management effort to deal at an early stage with potential
Deleted: .2
difficulties, the Client undertakes to review the reasons for delay in securing approvals, and to consider partial payment reflective of the relevant
completed services carried out by the Consultant itself.
Payment schedule for Additional Lump Sum Services in Table 3-2 of this appendix shall be subject to the detailsDeleted:
in the Client’s
instruction during Early Work
the
and Previous Phase.
Deleted: 4
8
Invoice
Each Invoice prepared and submitted by the Consultant shall include supporting documents as follows:
(a) an up-to-date progress report;
(b) a detailed statement of the interim or final completion in accordance with this Agreement of the milestones to which the Invoice is related; and
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(c) any other relevant and reasonable document required by the Client to support the invoice to be specified after the Commencement Date.
9
Currency of Payment
The currency of Payment under this Agreement shall be partly Colombian Peso (COP) and partly United States Dollars (USD) with all payments split
between the two currencies in proportion to the currencies stated in the Table 3-1, 3-2, and 3-3 of this Appendix for the Previous Phase.
the original
lump
sum fee
Payments in USD will be paid to the Consultant’s foreign compensation account (cuenta de compensación) fromDeleted:
the Client’s
foreign
compensation
account.
10 Taxation
The agreed lump sums and daily rates are stated exclusive of VAT which the Consultant will add to its invoices to the Client in accordance with the tax
regime of the Republic of Colombia. The Parties agree that all and any other taxes and all deductions thereof that arise out of the provision of services by
the Consultant out of or in relation to this Agreement are included in the agreed lump sums and daily rates. Furthermore, the Consultant will be entirely
and exclusively responsible for any taxes, arising from the execution, payments or any other matter related to the Contract regardless, among others, of
the jurisdiction, nature of the tax or tribute, amount
of the tax or individual responsible for the payment of said tax.
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The Consultant shall be solely liable for payment of, and warrants that it will pay, or ensure the payment of all taxes due. The Consultant hereby
indemnifies the Client, the Client's Affiliates, any company owning equity in the Client and that company's Affiliates, their successors and assigns from and
against any and all liability for payment of all taxes which the Consultant should pay and all liability arising in respect of any non-payment.
The Consultant shall cooperate with the Client by providing all reasonable assistance (relating to the Consultant’s own work) required to allow the Client to
obtain any tax benefit relating to this Agreement or to the Concession Contract. The cost of such reasonable assistance is agreed to be included in the
Previous Phase design works lump sum.
11 Financing Charge
In the event that the Client does not make payments properly due under the Agreement on the due date, the Client shall pay financing charges at an
annual rate of CPI plus 7% on the amount overdue and in its currency calculated from the due date for payment of the invoice to the actual date payment
is received from the Client. These financing charges will not affect the rights of the Consultant regarding the suspension of the services or the termination
of the Agreement.
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Appendix 4
Programme for the Lump Sum Design Stage design works
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1
General
The Consultant’s design programme shall include Early Works and certain specific advance commencements requested in AT-17 and in line with the Client’s
overall master programme. Adequate time shall be allowed for approval processes.
The schedule of achievement of tentative milestones for the Early Works and the Previous Phase design works which the Consultant shall aim to adhere to
is listed in following table (Table 4-1).
Table 4-1: Previous Phase Design Works programme
No.
1
2
Design Services
Milestones
Design Contract Signature
Effective date
Calculated from
Commencement Date
of Early Works
Early Works
2.1 Geotechnical Specifications
2.2
17 days
Geotechnical Exploration and Lab Test witness (Phase 1: Depot,
Underpass at Calle 72, Bridge at Av.68) (Phase 2: Others)
20 days
2.3 Other Design Optimization Studies
2.4 Design Management Plans
35 days
3
Notice to Proceed with Concession Contract (Previous Phase)
4
Early Design Approvals – 100%
Calculated from
Commencement Date
4.1 Depot
150 days
4.2 Underpass at Calle 72
150 days
4.3 New Bridge at Av.68
270 days
5
Design Submission & Approval – 30%
270 days
6
Design Submission & Approval – 60%
450 days
7
Design Submission & Approval – 90%
630 days
8
Design Submission & Approval – 100%
720 days (with bounces)
or 810 days
9
Time for Completion of Previous Phase
810 days
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2
Requirement of Programme
In amplification of sub-clause 4.3, a Programme shall be prepared by the Consultant in accordance with the following requirements:
(i)
To fulfil the requirements in Technical Appendix 3 (AT-3) of the Concession Contract
(ii)
To clearly indicate the critical path, and the float (slack) on other activities
(iii)
To be produced using the latest version of Primavera 6 programming software
(iv)
To employ a qualified planning engineer to monitor and update the programme
(v)
To clearly show the inter-relationship between all disciplines and to be in line with the interface key dates with procurement, fabrication,
construction, testing and commissioning provided by the Client
(vi)
The format of the programme shall be subject to review of the Client
(vii)
To identify and allow adequate time for the design submission consent process per the Concession Contract, relevant Technical Appendices (AT),
and the requirements of relevant government authorities/agents
(viii)
Each work heading shall be split into detailed deliverables, and the duration of activities to be undertaken by the Consultant shall be broken down
into periods not exceeding three weeks
(ix)
Each activity shall be uniquely referenced, and bar charts, logic diagrams/tables and any other necessary tabular and graphical reports shall be
submitted to show the following information, but not limited to these items, for each activity:
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(x)
3

Reference

Description

Duration

Relationship with other activities (predecessor and successor)

Early and Late Start and Finish Dates

Resources or Unit Production Time
A Programme Narrative shall be prepared, revised, updated and submitted with each version of the Programme
Progress
Notwithstanding the requirements of the Agreement, progress against the program shall be assessed and reported by the Consultant at monthly intervals
so that the progress of the Works can be adequately scrutinized by the Client. The assessment shall show comparisons of actual and planned progress
including details of any events or circumstances which may jeopardize the completion in accordance with the Agreement, and shall also show the measures
being (or to be)
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adopted to overcome delays. Trend graphs shall be included for the design works, major areas and
total works with a trended completion date for each.
In addition to the above, if any activity (or activities) is delayed, the Consultant shall submit within two weeks of being notified by the Client, all pertinent
details of how the Consultant intends to mitigate and overcome the delays along with its corresponding implementation.
Details within monthly assessments shall include, but not be limited to, resource allocation, working hour adjustments and equipment. The program shall
indicate the following:
(i)
Planned activities of the subsequent month
(ii)
An updated critical path programme with a projected completion date.
All reports from the Consultant shall be provided in electronic format as well as hard copy. Electronic versions shall use MS Word, Excel, Primavera P6 and
the like as approved by the Employer. All electronic files must be accessible on the Aconex platform per the requirement of EMB.
In addition to the requirements of the Agreement the Consultant shall supply monthly progress reports, in a format agreed with the Client, with a list
summarizing the tasks and work it is proposed to carry out in the coming month together with the list from the previous month showing the actual work
and tasks completed that month. The report for the previous month shall include daily records of progress, in detail by the number of personnel and other
resources employed and compared with planned, deliverables on which they are engaged, the hours worked, variations, planned activities for the
subsequent month, and any other particulars in relation thereto that the Client may additionally require.
Any failure by the Consultant to comply with this sub-clause shall, without prejudice to any other remedies and/or provisions of the Agreement, be taken
into account by the Client in any assessment of the Consultant's entitlement to an extension of the Time for Completion and/or any additional payment.
4
Progress Meetings
Progress meetings shall be held monthly or at such shorter intervals as may be instructed by the Client.
5
Internal Review Period
For each staged design submissions of 30%, 60%, 90%, and 100%, the internal review period on all deliverables between the Consultant and other parties
who have interfaces with the Consultant's Scope of Services shall aim at 10 working days as a general requirement. However, the final arrangement shall be
discussed with the other designers in the Early Work period, and then shall be included within the design management plan to be submitted for
EMB/Interventoria approval.
The internal review period may have to be discussed
and adjusted, either in general to meeting EMB/Interventoria requirement and/or in particular for
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Appendix 5
Rules for Adjudication
NOT APPLICABLE
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Appendix 6
Relevant requirements of the Concession Contract including the Technical Appendices
The full text of the Concession Contract including the Technical Appendices (which is voluminous) is publicly available at the link given below, and the
Consultant hereby confirms that it has downloaded it and accepts its obligations in full, as if it were physically bound into this Agreement.
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https://community.secop.gov.co/Public/Tendering/OpportunityDetail/Index?noticeUID=CO1.NTC.4 95736&isFromPublicArea=True&isModal=False
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Appendix 7 Compliance Requirements
Standard Terms of Compliance Protection
The both Parties agree that the terms and conditions under the Standard Terms of Compliance Protection constitute an important part of the contract
concluded by and between the Parties, and both Parties should abide by it.
I.
Definition of Public Official
“Public Official” specified in the Standard Terms of Compliance Protection is broadly defined and includes the followings:
II.
o
Officials, employees, representatives of governments, and any other person acting on behalf of government (or otherwise authorized to act under
official right);
o
Officials, employees, or representatives of public international organizations;
o
Officials, employees, or representatives of political organizations or members of royal families, who exercise public rights; and
o
Officials and employees of public enterprises, which are enterprises over which a government or governments exercise, directly or indirectly, a
controlling or dominant influence.
Compliance with Anti-Corruption Laws
WSP Global Inc. (WSP) represents, warrants, and covenants that, in relation to the activities or transactions contemplated by this Agreement WSP and its
affiliates, subsidiaries, directors, officers, employees, agents, consultants, contractors, designees, ultimate beneficial owners, and shareholders, and all
other persons or parties acting on WSP's behalf, directly or indirectly, have not violated and will not violate, or cause China Harbour Engineering Company
Ltd. and its successors, assigns, holding company, subsidiaries including METRO LINEA 1 S.A.S. and affiliates(in abbreviation, CHEC) to violate, the Criminal
Law of the People’s Republic of China, the United Nations Convention Against Corruption, the OECD Convention on Combating Bribery of Foreign Public
Officials in International Business Transactions (as implemented by its signatories), or any other applicable anti-corruption, anti-fraud, anti-collusion or fair
competition law (collectively, the “Anti-Corruption Laws).” Specifically, WSP represents, warrants, and covenants that neither WSP nor any of its affiliates,
subsidiaries, officers, directors, employees, agents, consultants, contractors, designees, ultimate beneficial owners and shareholders, nor any other person
or party acting on WSP's behalf have made and will not make the followings:
A. To any Public Official or to any other person or entity if such payments or transfers would have the purpose or effect of:
i.
Improperly influencing any act or decision of a Public Official;
ii.
Inducing any Public Official to do or omit to do an act in violation of that Public Official’s lawful duty;
iii. Inducing any Public Official to use his or her influence directly, or with a domestic or foreign government or instrumentality thereof, to affect or
influence any act or decision of such government or instrumentality; or
iv. Improperly assisting CHEC or WSP or the relevant Subsidiary to obtain or retain business or otherwise to secure any improper advantage; or
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B. To any person, whether or not a Public Official,
III.
i.
With the intention to bring about or reward the improper performance of a duty or obligation to which the person is subject; or
ii.
With the knowledge or belief that the acceptance of the payment or thing of value in itself constitutes the improper performance of the person’s
duty or obligation.
Continuing Obligations
WSP represents and warrants that WSP and its affiliates, subsidiaries, directors, officers, employees, agents, consultants, contractors, designees, ultimate
beneficial owners and shareholders, and all other persons or parties acting on WSP's behalf are and will remain in compliance with the Anti- Corruption
Laws for the duration of this Agreement.
IV.
Public Official Involvement
Other than those disclosed to CHEC, WSP does not have any current officers, directors, ultimate beneficial owners, shareholders (excluding for purposes of
this section shareholders of a publicly traded company) or employees who are, or whose immediate family members are, Public Officials, and should it
become aware of any such officer, director, ultimate beneficial owner, shareholder or employee becoming a Public Official, it shall inform CHEC within a
reasonable time.
V.
No Secret Funds
WSP does not have and shall not create or maintain any secret or unrecorded fund, account, or asset (regardless of whether it is relevant or irrelevant with
the transactions under the agreement), for the purpose of taking or facilitating any prohibited payment or other action under the Anti- Corruption Laws,
throughout the term of this Agreement.
VI.
Compliance Certification
Version: FINAL DRAFT_20200731
Within (30) days prior to each anniversary of the date hereof, WSP shall provide an annual certification of compliance with the Anti-Corruption Laws.
VII.
Indemnity
WSP undertakes to hold CHEC, its representatives, officers, directors, employees, and shareholders harmless in respect of all damages and consequences,
including without limitation to any penalties, damages, or pecuniary consequences which could affect any such person or party as a result of the violation
or breach of any of the obligations subscribed by WSP under this Agreement’s Anti- Corruption Representations, Warranties, and Covenants provisions.
VIII.
Cancellation Rights
According to reliable information source, including but not limited to WSP’s statement or any reliable news report, if CHEC deems that WSP has materially
violated its related statement, warrants and commitments in the appendix on obeying the anti-corruption law, it can be considered that WSP involves in a
substantial violation of this agreement. No matter whether WSP is convicted or punished due to any breach of the anti-corruption law, CHEC has the right
to terminate the agreement, without bearing the penalty or compensating WSP.
IX.
Audit Rights
WSP shall maintain all records necessary to confirm its compliance with the [above Clauses]. Upon receiving an prior notice from CHEC, WSP agrees to
provide reasonable access to all of its accounts, books, and records related to this Agreement, either to CHEC or to an internationally recognized audit firm
appointed by CHEC, for the purpose of allowing CHEC or such audit firm to review and audit such accounts, books and records. Access to the aforesaid
accounts, books and records and
Version: Draft_E_20200720
any such review or audit by CHEC and the audit firm it designated generally are deemed to be
strictly limited to the scope of work as stated in this Agreement for compliance audit. The price of
any audit under this Clause shall be at the sole cost of CHEC.
X.
Expenses
Any expenses incurred by WSP in the course of performing work for CHEC as contemplated under this Agreement shall be borne entirely by WSP unless
approved by CHEC in advance and fully supported by proper documentation.
XI.
Investigation Notification:
11.
WSP agrees to immediately notify CHEC should it become aware that it is under investigation by any enforcement or regulatory agency,
government body, international institution, securities exchange, or non-governmental organization related to any activities under this Agreement;
moreover, WSP will immediately inform CHEC should it become aware of any investigation by any enforcement or regulatory agency, government body,
international institution, securities exchange, or non-governmental organization related to Anti-Corruption Laws regardless of whether the conduct relates
to this Agreement.
Consultation Hotline: 0086-10-82017905, 0057-3174338717 E-mail: [email protected],
[email protected]
Version: Draft_E_20200720
57
Version: FINAL DRAFT_20200731
Declaration of Compliance
WSP Global Inc. (WSP) hereby represents, warrants, and certifies to China Harbour Engineering
Company Ltd. and its successors, assigns, holding company, subsidiaries and affiliates (in abbreviation,
CHEC) as follows:
1.
WSP has received a copy of, and been informed about, the CCCC Code of Conduct for the
employees in overseas business. WSP is familiar with and understands the provisions of the United
Nations Convention Against Corruption and other similar anti-corruption principles, as well as all
applicable laws in the Republic of Colombia relating to fair competition, bidding, and
procurement.
2.
While providing design works for CHEC, WSP agrees to abide by the CCCC Code of Conduct for the
employees in overseas business. Specifically, WSP has not and will not offer, promise, arrange for,
or pay, either directly or indirectly, anything of value to a Public Official for the purpose of
inducing a Public Official to perform or fail to perform his official duties to assist WSP or CHEC in
obtaining business, retaining business, or securing any improper advantage. WSP has not and will
not, through any act, omission, or misrepresentation, knowingly or recklessly mislead or attempt
to mislead another party to obtain a financial or other benefit or to avoid an obligation for itself or
CHEC. WSP has not and will not engage in any arrangements with other parties designed to
achieve an improper purpose, including colluding with another party to improperly influence a bid
process for CHEC.
3.
WSP is also familiar with and understands the provisions of all applicable anti-bribery, anticorruption, fair competition, bidding and procurement laws of the countries in which it does
business related to CHEC. WSP has not engaged in any conduct that violates any such laws of
these countries and will perform his duties in full compliance with such legislation.
4.
WSP declares that neither the corporate or other entity he represents, nor any of its executives or
employees, is under current criminal investigation or has been subject to any civil or criminal
enforcement actions, at home or abroad, for improper conduct relating to bribery, corruption,
collusion, false statements in bidding or procurement, or violation of the laws governing business
entities.
5.
WSP does not have any owners or other beneficiaries that have not been disclosed to CHEC in the
Questionnaire (aside from beneficiaries of public companies holding less than 5% ownership).
6.
The services WSP is providing or will provide to CHEC do not violate any commitments WSP has to
any other clients, including, but not limited to any confidentiality or exclusivity agreements WSP
has with other clients.
WSP agrees that if at any time the representations, warranties, and certifications herein are no longer
accurate and complete, WSP will immediately notify CHEC and provide a supplementary report
detailing such change.
Signature:
Date:
Name [please print]:
Title:
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