CONTRACT AGREEMENT FOR BOUNDARY RESTORATION
AND DETAILED TOPOGRAPHICAL SURVEY
TABLE OF CONTENTS
1.0 GENERAL CONDITIONS概述
2.0 DURATION OF THE CONTRACT. 协议有效期
3.0 CONSULTANT OBLIGATION 服务方的义务
4.0. EMPLOYER’S OBLIGATION 雇主的义务
5.0. REMUNERATION 费用
6.0 SUPERVISION AND INSPECTION OF THE WORK 工程的监督
7.0 FORCE MAJEURE 不可抗力
8.0 TERMINATION OF THE CONTRACT AGREEMENT. 协议的终止
9.0 PENALTY AND LIQUID DAMAGE 违约处罚金和损害赔偿金
10.0 DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION
争议解决方式、管辖法和司法管辖地
11.0 Assignment 权利与义务的转让
12.0 Variation of contract 协议的变更
13.0 Communication. 通信
ANNEX: 附件
This AGREEMENT is made on this day between CRJE Of P.O.BOX DAR ES SALAAM (Hereinafter referred to as EMPLOYER) and GEOCATCH INTERNATIONAL CO. LTD of P.O.BOX 24138 DAR ES SALAAM (hereinafter referred to as CONSULTANT). The employer is willing to engage with the consultant for the purpose of carrying out BOUNDARY RESTORATION AND DETAILED TOPOGRAPHICAL SURVEY AT DAR ES SALAAM, and the consultant is ready and willing to accept this engagement of service with the EMPLOYER on the said terms and conditions.
1.0 GENERAL CONDITIONS概述
(a) The Consultant will carry out and complete the work in conformity with the requirements of this agreement on the given scope, quality and time. The attached detailed TOR forms an integral part of this agreement (See annexes attached).
(b) The Employer hereby agrees to engage and pay the Consultant in due time provided he is satisfied with the work done by the consultant as per specifications, necessary instructions and in specified time.
2.0 DURATION OF THE CONTRACT. 协议有效期
The duration of this contract is for the period of 7 days and will come into effect immediately upon both party signing this contract.
3.0 CONSULTANT OBLIGATION 服务方的义务
The Consultant should ensure that the work is carried out strictly according to the terms of reference [TOR], necessary instructions as shall be provided by the employer and also he shall perform the following:
3.1. Recruit laborers and all kinds of staffs under his own cost and risk
3.2. Taking insurance policy or any other necessary measures to protect the consultant and all his laborers against accidents and risks.
3.3 Conduct professional activities and strictly follow all occupation standards and government regulations and laws
3.4 Provide quality service to the employer and unconditionally guarantee the correctness and accuracy of the result issued by him.
3.5 Specially in aspect of picking height data in adjacent plots, to avoid doubt the consultant should try his best level to obtain that, which means he should get consent from the owner before carry out activities in their premise. In case such consents are not granted, the consultant should to best of his knowledge provide estimated height for such plots and buildings which could be used as references in the employer's designing.
4.0. EMPLOYER’S OBLIGATION 雇主的义务
Employer’s responsibility will be as follows:-
4.1. Issuing of necessary instructions, extra terms of references in time
4.2. Supervision and inspection of work in collaboration with the Consultant to Insure speedy and quality of work.
4.3. The employer will have the right to terminate the agreement by giving the Consultant a written notice of the intension to do so.
4.4. Effecting due interim payments to the consultant in due time after being satisfied with the work performed.
5.0. REMUNERATION 费用
The total contract sum for the purpose of this contract should be fixed amount of Tanzania shillings 3,370,500 VAT exclusive, (Three Million three hundred and seventy thousand five hundred only.) For the Withholding Tax, the employer should deduct from the consultant's payment and pay to the Tanzania Revenue Authority, while a withholding tax certificate should be issued to the consultant. The payments should be effected in two installments
5.1. The first installment shall be 40% of the contract sum and shall be paid upon signing of the contract. The value shall be Tshs 1,348,200 /= (One million Three hundred and forty eight thousand two hundred only).
5.2 The second installment shall be 60% of the contract sum and shall be paid upon submission of the final survey report. The value should be Tshs 2,022,300 /= (Two million twenty two thousand three hundred only).
6.0 SUPERVISION AND INSPECTION OF THE WORK 工程的监督
The employer or any other authorized agent shall have unlimited communication with the consultant at any time for the purpose of supervising and inspection of the work as well as issuing the necessary instructions.
7.0 FORCE MAJEURE 不可抗力
(a) If a force majeure situation arises, the Consultant shall promptly notify the EMPLOYER or, as the case may be, the EMPLOYER shall notify the Consultant, in writing of such conditions and the cause thereof. Unless otherwise directed by the party notified in writing each party shall continue to fulfill the obligations not prevented by force majeure under the contract as far as is reasonably practicable. Provided that there shall not be a force majeure event when there is an alternative means of performance.
(b) For the purpose of this clause, force majeure is defined as an event beyond the control of either party (Employer or Consultant) such event may include, but not limited to; acts of employer or Consultant in its sovereign capacity, wars or revolutions, fires, acts of God, acts of foreign enemies, quarantine restrictions and freight embargoes.
8.0 TERMINATION OF THE CONTRACT AGREEMENT. 协议的终止
This agreement shall be terminated upon:
8.1 Completion of the work
8.2 Discontinuation of the contract caused by some disputes, Disagreement between the employer and the consultant for some reasons and consideration by the employer for the Public interest.
8.3 contract period was delayed more than 10( ten )days.
8.4 Force majeure as per clause 7 above.
9.0 PENALTY AND LIQUID DAMAGE 违约处罚金和损害赔偿金
9.1 The parties herein agree that for any breach of condition which substantially affects the workability of this contract and leads to termination of the contract, the breaching party undertakes to pay to the injured party 30% (thirty percent) of the contract sum as a penalty for such breach.
9.2 Notwithstanding of the contents in clause 7 , if the consultant fails to complete the work within the contract period, a liquid damage should be paid by the consultant to the employer at 2%(two percent) per day. Provide such delays exceed ten days, the contract should be terminated and the above penalty in clause 9.1 should be performed.
10.0 DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION
争议解决方式、管辖法和司法管辖地
10.1 The validity, construction and performance of this Agreement shall be governed by the Laws of the United Republic of Tanzania.
10.2 All disputes, claims or proceedings between the parties relating to the validity, construction or performance of this Agreement shall be subject to a court of competent jurisdiction in Tanzania.
10.3 Prior to the institution of a suit to the Court as above provided, the Parties shall seek to resolve in the first instance any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, amicably. If any such dispute, controversy or claim (“Dispute”) between the parties is not resolved within 30 (thirty) days from the date such notice is issued by the aggrieved party, such party will be entitled to institute a suit.
11.0 Assignment 权利与义务的转让
The CONSULTANT shall not assign, in whole or in part, its obligations to perform under this contract, except with CLIENT’s prior written consent.
12.0 Variation of contract 协议的变更
Any site variation or modification to this contract shall be effective by written agreement dully signed by person authorized on behalf of the parties.
13.0 Communication. 通信
Any notice or request required or permitted to be given or made under this CONTRACT shall be in writing in the English Language.
IN WITNESS WHEREOF the EMPLOYER and CONSULTANT have hereunto subscribed their hands on this day, month and year first above stated.
Signed and delivered by
Representative of CRJE for and on behalf of the EMPLOYER.
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Signed by Mr. Benjamine Emmanuel Seni
Managing Director of GEOCATCH INTERNATIONAL CO.LTD for and on behalf of the CONSULTANT
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ANNEX:TERMS OF REFERENCES (TOR ATTACHED) TOPOGRAPHICAL SURVEYS AND EXPECTED OUTPUTS
Boundary restoration
To recovery/restore lost boundary of the plot using legal coordinates from the municipal concerned as per survey regulations.
Establishment of Survey Benchmarks
• A network of coordinated benchmarks should be established in the project at safe places along side of all major points and other major structures together before any survey work starts. They should be established at approximately distance less than 20m apart.
• Benchmarks should be located on permanent features, which are unlikely to be altered or destroyed during the construction stage.