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Section 3 - Sample of Contract

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(1)

GOVERNMENT OF

THE DEMOCRATIC REPUBLIC OF TIMOR-LESTE

CONTRACT NO. 07-05-C-71427 CONTRACT

NAME

Design and Construction supervision for Ministry of

Public Work RFP NO.

CONTRACT FOR CONSULTING SERVICES

Small Assignments Lump-Sum Payments

between

RDTL Ministry of Planning & Finance

Procurement Service

and

VOX DA VINCI Consultant

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CONTRACT FOR CONSULTING SERVICES SMALL ASSIGNMENTS - LUMP-SUM PAYMENTS

THIS CONTRACT (“Contract”) is entered into by and between RDTL Ministry of Planning & Finance Procurement Service (“the Client”) having its principal place of business at Palacio do Governo Building No. 5 Ground Floor No.3A Dili Timor Leste , and

VOX DA VINCI Rua Cidade de Beja Vila Verde Dili 11 May 2007

(“the Consultant”) having its principal office located at on this day

WHEREAS, the Client wishes to have the Consultant perform the services hereinafter referred to, and WHEREAS, the Consultant is willing to perform these services,

NOW THEREFORE THE PARTIES hereby agree as follows:

1. Services

The Consultant shall

a.

perform the services and provide the deliverables specified in Annex A, “Terms of Reference and Scope of Services,” which is made an integral part of this Contract (“the Services”).

b. provide the personnel listed in Annex B, “Consultant’s Personnel,” to perform the Services.

c. submit to the Client the reports in the form and within the time periods specified in Annex C, “Consultant’s Reporting Obligations.”

2. Term

The Consultant shall perform the Services during the period

commencing 14 May 2007 and continuing through 14- November -2007 or any other period as may be subsequently agreed by the parties in writing.

3. Payment

A. Ceiling

For Services rendered pursuant to Annex A, the Client shall pay the Consultant an amount not

to exceed

USD 97,878.75 Ninety seven thousand Eight hundred seventy Eightpoint seventy five

This amount has been established based on the understanding that it includes all of the Consultant's costs and profits as well as any tax obligation that may be imposed on the Consultant.

B. Schedule of Payments

Payments to the Consultant shall be in accordance with the Schedule of Payments, Annex 2 following C. Payment Conditions

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4. Project Administration

A. Coordinator

The Client designates Director Flavio Ximenes 7276584 Ministry of Publick Work Directorate of Building & Urban Planning

as Client's Coordinator; the Coordinator will be responsible for the coordination of activities under this Contract, for acceptance and approval of the reports and of other deliverables by the Client and for receiving and approving invoices for the payment.

B. Reports.

The reports listed in Annex C, “Consultant's Reporting Obligations,” shall be submitted in the course of the assignment, and will constitute the basis for the payments to be made under paragraph 3.

5. Performance Standards

The Consultant undertakes to perform the Services with the highest standards of professional and ethical competence and integrity. The Consultant shall promptly replace any employees assigned under this Contract that the Client considers unsatisfactory.

6. Confidentiality

The Consultants shall not, during the term of this Contract and within two years after its expiration, disclose any proprietary or confidential information relating to the Services, this Contract or the Client's business or operations without the prior written consent of the Client.

7. Ownership of Material

Any studies reports or other material, graphic, software or otherwise, prepared by the Consultant for the Client under the Contract shall belong to and remain the property of the Client. The Consultant may retain a copy of such documents and software and shall not such document for other purposes without the express written consent of the Client

8. Consultant Not to be Engaged in Certain Activities

The Consultant agrees that, during the term of this Contract and after its termination, the Consultant and any entity affiliated with the Consultant, shall be disqualified from providing goods, works or services (other than the Services and any continuation thereof) for any project resulting from or closely related to the Services

9. Insurance

(4)

10. Assignment

The Consultant shall not assign this Contract or sub-contract any portion of it without the Client's prior written consent.

11. Law Governing Contract and Language

The Contract shall be governed by the laws of Timor Leste and the language of the Contract shall be

English

12. Dispute Resolution4

Any dispute arising out of the Contract, which cannot be amicably settled between the parties, shall be referred to adjudication/arbitration in accordance with the laws of Timor Leste currently in force

FOR THE CLIENT FOR THE CONSULTANT

Signed by :Gregorio F. da Silva Signed by :Fernando Monis

Title: Director procurement Services

Ministry of Planning and Finance Title: Director Consultant VOX DA VINCI

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LISTOF ANNEXES

Annex 1 : Terms of Reference and Scope of Services

Annex 2 : Schedule of payments

Annex 3 : Breakdown of Remuneration & Reimbursable Expenses

Annex 4 : Consultant’s Reporting Obligations

Annex 4 : Consultant’s Staffing Schedule

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ANNEX 1

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ANNEX 2

SCHEDULE OF PAYMENTS

1. DESIGN SERVICES

DELIVERABLE QTY TIMING AMOUNT

A. INCEPTION REPORT

o Inception report containing : site assessment outcomes ; preliminary site & building design; floor layouts; & preliminary cost estimate

o Drawings A3 & soft copy CD-RW

5 sets

5 sets WEEK 4 20 % contract price (INSERT AMOUNT)

B FINAL REPORT

o Final report containing final design drawings; engineering cost estimate; bills of quantity; specifications special

provisions; work-plan; technical briefing for pre-bid meeting and bidding document

o Bidding document with final design drawings, bills of quantity & specifications special provision

5 sets

15 sets WEEK 12 80 % contract price (INSERT AMOUNT)

Provision of assistance in bid

evaluation 10 hoursnom. TBA At cost – hourly rates &reimbursable items Provision of technical guidance to

Construction Supervision Consultants 40 hoursnom. TBA

At cost – hourly rates &

reimbursable items

NOTE – DRAWING REQUIREMENTS

Description Required Scale

Floor plan, elevation, sections 1:100

Roof structure 1:50

Construction detail drawings 1:5 to 1:20 Plumbing & sanitation 1:20 & 1:50 Electrical, communications, IT – approved by certified electrical

engineer 1:20 & 1:50

Air conditioning & ventilation – approved by certified ACMV

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2. CONSTRUCTION SUPERVISION SERVICES

DELIVERABLE QTY TIMING AMOUNT

Commencement Report – Contractor’s Work Program/ Facilities/ Equipment/

Per-sonnel; site cleanup & preparation 5 set Month 1

10% Contract Price (INSERT AMOUNT)

Monthly reports (4), monthly payment cer-tificates (4 ), Completion Certificate,

Com-pletion Report 5 set Month 4

40% Contract Price (INSERT AMOUNT)

Monthly reports (4), monthly payment cer-tificates (4 ), Completion Certificate,

Com-pletion Report 5 set Month 8

40% Contract Price (INSERT AMOUNT)

As built drawings, Defects Liability Certifi-cate (DLC), approval of Contractor’s Final

Account (CFA) & Final Report 5 set

On issue DLC & CFA

(9)

ANNEX 3

BREAKDOWN OF REMUNERATION & REIMBURSABLE EXPENSES

3.1 REMUNERATION

Information contained in this table shall only be used to establish payments to the Consultant for possible additional services requested by the Client

NAME POSITION STAFF MONTHLY RATES (USD) FIELD HOME OFFICE

3.2 BREAKDOWN OF REIMBURSABLE EXPENSES

Information contained in this table shall only be used to establish payments to the Consultant for possible additional services requested by the Client

No DESCRIPTION UNIT UNIT COST

Daily allowances (per diems) day

Vehicle expenses km Communications – between …… and

………. minutes

Computer & software use hour

Laboratory tests (list) test

Drawing – A3 sheet

Drawing – A2 sheet

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ANNEX 4

CONSULTANT’S REPORTING OBLIGATIONS

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FORM T5.1 – CONTRACT ANNEX 5/1

CONSULTANT’S TEAM COMPOSITION & STAFFING ASSIGNMENTS

PROFESSIONAL STAFF

NAME OF STAFF FIRM AREA OF EXPERTISE POSITION ASSIGNED TASKS ASSIGNED

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ANNEX 5/2

CONSULTANT’S STAFFING SCHEDULE

No. Name Position

STAFF INPUT - BAR CHART (MONTHS or WEEKS) Person Months

1 2 3 4 5 6 7 8 9 10 11 12 Field HomeOffice Total

1

2

3

4

5

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ANNEX 6

CONSULTANT’S WORK PROGRAM

No. ACTIVITY WORK PROGRAM - BAR CHART (MONTHS or WEEKS)

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