Tài liệu Consultancy Agreement doc

CONSULTANCY AGREEMENT (hereinafter referred to as ‘the Agreement’) Project: Viet Nam Central Region Transport Networks Project - Consulting Services for Implementation Consultant: Name: Telephone: Fax: E-mail: xxxxxxxxxxxxxx Company: Consia Consultants Contact person: D T Hang c/o Consia Hanoi office Telephone: + 84 4 9428 104 Fax: + 84 4 9428 113 E-mail: hang@consia.dk Definitions: - “Consultant”: means the Resident Engineer - “Client”: means the PMU1 - “Company”: means Consia Consultants 1. THE ASSIGNMENT 1.1 The Consultant is hereby employed by Consia Consultants, hereinafter referred to as the Company, for a position as: Resident Engineer in Quang Binh Province on the: Viet Nam Central Region Transport Networks Project – Consulting Services for Implementation 1.2 The Consultant will provide services as per TOR (Annex 1) and agreed with the Project Manager/Regional Engineer and Regional Manager of Consia in Hanoi. With regard to all matters concerning the contract, the Consultant will report to the Project Manager/Regional Engineer and Regional Manager of Consia in Hanoi (or her assigned person later on) For technical matters related to daily duties on the project, as outlined in the TOR, the Consulant reports directly to the Regional Engineer, or through the Deputy Regional Engineer. For practical matters the Consultant is welcome to use the facilities at the Consia Representative Office in Hanoi. 2. PERIOD OF ASSIGNMENT 2.1 Subject to the Client’s approval, the assignment is expected to start on: 1 December, 2008. The mobilisation of the employee will be in agreement with Project Manager and based on the actual work requirements. 2.2 The Consultant’s assignment for fulfilling and completing tasks satisfactorily to the 1 Regional Engineer, the Project Manager and the Client’s requirements as agreed on the TOR. 2.3 Subject to the Client’s approval on the VO2 between the Company and Client, the input period is: 24 months. 2.4 Standard working hours: from 8am to 5pm (one hour for lunch time) from Monday to Saturday. However, the Consultant may have to work over-time or on the weekend when required by the Project Manager/Regional Engineer. Such added time will not have any additional extra payment. Equivalent time off in lieu will be given during a normal work day, as agreed by Project Manager/Regional Engineer. 3. ANNUAL LEAVE Not applicable. No work on Public and National Holidays 4. REMUNERATION FEE 4.1 For the period of this agreement, Viet Nam Central Region Transport Networks Project will pay for Consultant as follow: - Gross salary: USD 800 per month (based on 30 calendar days per month). - The Consultant will have 2 month probation. During this period, the Consultant will receive 80% of salary rate. After 2 months, the Company will review and sign official contract. Accommodation, vehicle and Office facilities will be provided by the Project. 4.1. The Consultant will be responsible for all social insurance, medical insurance and personnel income tax (PIT) during the time to work in the project. 4.2. Payment: The Company will pay to Consultant by cash or transfer to the bank account which nominated by the Consultant within 3 weeks since the submission of the timesheet to be certified by the Project Manager/Regional Engineer. Monthly Time Sheets shall be completed by the end of each month for the approval of the Regional Engineer and Project Manager, note if No Monthly time sheet is signed no payment will be made by the client. 5. PERSONAL INCOME TAX 5.1 As stated on clause 4.1 6. PERDIEM AND SUBSISTANCE ALLOWANCE 6.1 The Consultant will be paid USD 25/night for perdiem and subsistence allowance for working outside Quang Binh Province, which will cover for all food, accommodation and daily travel at site. The Consultant will inform and agree with the Regional Engineer in advance his/her travel plan of field trip. 2 6.2 The Consultant is required to submit all appropriate supporting receipts to the project accountant after the field trip. 7. PAYMENT TERMS 7.1 As stated on clause 4.2 7.2 Only fees, per diem and reimbursable agreed upon in this contract or in addenda to the contract will be accepted for payment. 8. TRAVEL 8.1 In case the consultant is required to travel to field trip for the project purpose by train or plane, the travel will be made by the most appropriate means of transport and the most direct, practicable route and shall be based on what corresponds to economy class using any existing discount schemes (e.g. excursion fare). The Consultant must deliver original ticket stubs and boarding cards in order for the project to invoice the travel expensive. 8.2 Project-related local travel, which has not been arranged/paid for by the project, will upon submission of original documentation be reimbursed by the Company within the agreed amount. Transport to and from airports will be reimbursed by the Company upon presentation of original documentation. 9. LOCAL TRANSPORTATION 9.1 During your assignment to work in Quang Binh, the Consultant will be responsible to cover all such cost from home to the project office daily. 9.2 The project will organise vehicle for consultant for field visit for the project’s purpose only. 10. OFFICE EQUIPMENT Provided by the project. 11. GENERAL CONDITIONS 11.1. The Consultant certifies that he is in excellent health conditions and has arranged for necessary vaccinations. 11.2. The working language is English and Vietnamese. Reports shall be sent to the Project Manager/Regional Engineer and the Company electronically and in English. 11.3 Throughout the duration of the assignment and following its completion, the Consultant shall maintain the strictest secrecy vis-à-vis third parties (including the press) in respect of information; data or documents acquired or brought to the notice of the Consultant in connection with the performance of the work. 11.4 In the course of the assignment, the Consultant shall not in any way participate in any political activity in the country of assignment if such activity may in any way violate the laws, ethical standards or public opinion in the country of assignment. Also in other aspects 3 of life - including religious matters – shall the Consultant make sure that his conduct and behaviour will in no way be an offence to the population or public opinion in the country of assignment. 12. VARIATION OF AGREEMENT The Company must approve in writing any change in this agreement prior to commencement of any additional working days. 13. TERMINATION 13.1 This agreement may be terminated by either party by giving 30 days’ notice in writing. If the consultant is incapacitated due to illness and cannot carry out the assignment within deadlines acceptable to the Client, this agreement may be terminated without notice. However, in the event of the Consultant being in breach of his obligations under this agreement, the Company may terminate the agreement without notice. 13.2 In the event that the project, or the part of the project to which the consultant is assigned, is concluded or terminated by the Client prior to this, the employment will cease without further notice at the date of the conclusion or termination of the project/part of the project to which the Consultant is assigned. 14. BREACH OF AGREEMENT 14.1 In the event of non-fulfilment of this agreement on the part of the Consultant or gross negligence in carrying out the services under this agreement, the Consultant may be discharged without notice and claimed for any damages. The same may be the case if the Consultant during the period of assignment: a) Gives interviews to mass media without prior permission; b) Takes paid or unpaid employment for a third party without prior permission from the Company; c) Fails to appear at work repeatedly without reason; d) Appears intoxicated during working hours; e) Shows provoking or improper behaviour; f) Violates safety regulations; g) Reveals Company secrets to outsiders; h) Fails to produce correct information on his health condition; i) Is expelled due to justified demand by Client or Recipient; j) Violates local legislation; k) Violates the ethical policy of the Company. The above items (a-k) do not necessarily cover all relevant issues of this nature. 14.2 If the Company terminates the agreement as a consequence of the above, the Consultant will not be eligible to paid homeward travel from the Country of Assignment back to the Country of Residence. 4 15. ARBITRATION 15.1 The parties will make all reasonable efforts to resolve any dispute arising under the terms of this agreement or its implementation. 15.2 Failing such resolution, such disputes between the Consultant and the Company or between the Consultant’s estate and the Company in respect of this Agreement shall be settled finally and with binding effect according to the "Rules of Procedure of the Danish Institute of Arbitration (Copenhagen Arbitration)". Each party shall appoint an arbitrator while the president of the court of arbitration shall be appointed by the Institute . In case a party has not within thirty (30) days of giving or receiving information that arbitration has been requested appointed an arbitrator, his/her arbitrator shall likewise be appointed by the Institute in accordance with the aforesaid rules. In case arbitration is requested by the Company, the Company shall provide the whole of the required security for the costs of the court. In case arbitration is requested by the Consultant, he shall provide a portion of the required security equaling court and scheduling fees for the claim, had the matter been brought before an ordinary court of justice. The remainder of the security shall be provided by the Company. The costs and the distribution thereof shall be finally determined by the court of arbitration, provided that the Consultant can never be required to defray arbitration costs exceeding court and scheduling fees plus legal costs corresponding to those that would have been imposed upon the Consultant by an ordinary court of justice. This Agreement is signed in two copies, one of which is held by the Consultant and the other by the Company. Date: Date: 2008 Dinh Thanh Hang Regional Manager (Signature, Consultant) Consia Consultants Enclosures: Annex 1: Terms of Reference of project and Detail Task Assigned Annex 2: Timesheet Annex 1: Terms of Reference of project and Detail Task Assigned VIET NAM: CENTRAL REGION TRANSPORT NETWORK PROJECT CONSULTING SERVICES FOR PROJECT IMPLEMENTATION 1. TOR of project: a copy Term of Reference of Project will be given to the Consultants 5 2. Detail Task for Resident Engineer: 1. Review and verifying the design of all work items presented in the working drawings and contract documents, and keep the Regional Engineer informed about any error in the documents 2. Ensure that all communication between the Contractors and the Supervisor Consultant’s Office of the Regional Engineer are routed through the RE first for review and comments. This also includes working drawings. 3. Ensure that Formats per the Supervision Manual are followed, and that official communication is issued in English. All transmittals to be submitted with a Standatd Transmittal Form 4. Record progress of work 5. Keep a Filing System as standard for the RO1 Office and agreed with Regional Engineer and admin staff 6. Issue Site Instructions as required. 7. Final Approval of works should be routed through the Regional Engineer. 8. If work must be stopped, for violation of quality, safety or other violation of Contract Documents or Specifications, Final Stop Order will be issued or directed by Regional Engineer after REs’ briefing. 9. Check and approve the setting out. 10. Follow up the contractor’s mobilization of field laboratory, including test equipment, stone crusher and asphalt mixing plant to ensure that the specified requirements for such equipment are fulfilled. 11. Supervise all laboratory and field tests. 12. Ensure that all material received on site has appropriate Quality Certificates, factory tests, Mill Certificates, etc and that date of arrival and quantities are recorded for further reference. 13. Supervise all earth work, sub base, base and asphalt work. 14. Prepare detailed quantity records together with the Contractor’s representative. 15. Check and approve “Minutes of acceptance of completed items”, see Supervision Manual. 16. Report to the Regional Engineer about Safety measures taken by the Contractor 17. He must keep the Regional Engineer informed in detail about any difficulties on Site or with the construction works in general. 18. Report all failed tests and recommend corrective actions. 19. When RE receives copies of letters/faxes to the contractors, they are responsible to follow up on it; i.e. confirm receipt and ensure that action is taken by the contractor and report back to REE’s office. 20. The Resident Engineer shall coordinate in writing with the Regional Engineer all decisions which are made. 21. Provide continuous on-site supervision of all approved day work. 22. Manage and coordinate Inspectors work on a daily basis 23. Keep a daily Log and ensure that Inspectors and Contractors maintain daily logs. 24. Review and make recommendations to the Contractor’s initial and revised work programs as required. 25. Collect relevant data regarding the contractor’s claims and variations. 26. Keep monthly site meetings with the Contractor’s in his Province. 27. Keep photo records of progress at site (see Supervision Manual). 6 28. Prepare Weekly Reports to the Regional Engineer. 29. Maintain monthly reports and ensure contractors are updating progress charts, cash flows, productivity reports, work programs etc on a monthly basis. 30. Ensure that all back up data for IPCs (Interim Payment Certificates) are checked and approved in compliance with the Contract Documents prior to cosigning and submitting to Regional Engineer for review. Annex 2: Timesheet format Use the project ‘s standard timesheet File: Contracts & Standards; Draft Contract RE 7 . CONSULTANCY AGREEMENT (hereinafter referred to as ‘the Agreement ) Project: Viet Nam Central Region Transport. the country of assignment. 12. VARIATION OF AGREEMENT The Company must approve in writing any change in this agreement prior to commencement of any additional