TRIPLICATE
Consultancy Contract
Wastewater Treatment System for Quezon Poultry and Livestock
Corporation, Philippines
No. ERDI 007/2558
This contract is made at 239 Huay Kaew Road, Suthep Sub-district, Muang District, Chiang Mai, Thailand on January 22, 2015, by and between: Tetra Products and Consulting Corporation Co., Ltd., whose address is 63 Athenee Tower 23rd Floor, Wireless Road, Lumpinee, Pathumwan, Bangkok, Thailand, represented by, Vijitporn Tinnajirangkul, Operations Manager, an authorized person, hereinafter called the “Hirer”, of the one part, and Energy Research and Development Institute – Nakornping, Chiang Mai University, whose address is 239 Huay Kaew Road, Suthep Sub-district, Muang District, Chiang Mai, Thailand, represented by Assistant Professor Dr. Pruk Aggarangsi, Director of Energy Research and Development Institute – Nakornping, Chiang Mai University an authorized person, according to the Power of Attorney dated April 24, 2015 attached to this contract, hereinafter called the “Consultant”, of the other part. NOW, THEREFORE, the consultant and the hirer (hereinafter collectively referred to as the “Both Parties”) hereby agree as follows:
1. Definitions
“Biogas System” shall mean Constructed objects/machines,
which consist of wastewater collection
system (Anaerobic Digester), assembly
equipment, water pipeline system, gas
pipeline system, biogas electrical controlled
system, measurement and control equipment, safety equipment, and storage tank with connection system.
“Biogas utilization system” shall mean Constructed objects/machines that convert biogas into energy such as gas burner or gas engine with connection system for energy utilization such as steam pipeline system, electrical control systems for energy generating equipment and renewable energy generating equipment, and power grid connected system.
“Post-treatment system” shall mean System that treats effluent wastewater to comply with Pollution Control Department regulations for wastewater disposal of chicken farm including recycled water storage pond or treated wastewater utilization in agricultural system.
“Design” shall mean Location survey, preliminary design, detailed construction design, pattern and regulatory determination for biogas construction and system installation, including Bill of Quantities (BOQ) estimation, which provides detailed cost breakdowns for systems and main equipment and can be adjusted to suit construction site conditions.
2. Objectives and Targets
The hirer agrees to hire the consultant to perform Inspection of the site,
Initial design, Technology Transfer, Approved drawing, Construction specifications, Construction and System installation consultation, Construction site visit to inspect and monitor construction and system
installation, System start-up, Training for system operation and control
officers, and System performance monitoring. The biogas system shall be constructed at Quezon Poultry and Livestock Corporation in Tiaong, Quezon, Philippines.
The biogas system shall be designed with 3,000 cubic meters digester volume to hold not more than 500 m3/day of farm wastewater flowing into the treatment system (average COD value of wastewater, measured when wastewater entering the biogas system, is not less than 15,000 mg/l). The system shall produce biogas at least 900 m3/day with 55% of methane composition by volume in compliance with the above mentioned condition and post-treatment system.
3. Terms of Contract, Commencement and Termination of Consultant’s
Services
The hirer and the consultant agree to proceed in accordance with the objectives referred to in Section 2. The consultant shall perform services in compliance with the Academic Principles of Engineering and relevant laws.
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The consultant shall commence its services the next day after the hirer
signs this contract. The consultant shall proceed with the performance of this contract until the biogas system operates effectively in accordance with objectives and targets referred to in Section 2. The consultant shall provide biogas system construction and relevant layouts to the hirer within 15 days after mutually signing the contract and receiving engineering survey information. The hirer shall complete the construction within 12 months after hiring a contractor.
Termination of consulting services shall be after the hirer receives consulting services over the telephone and e-mail and the site visit for system performance follow up (1 time) within 1 year starting from the date of system startup completion. The consultant shall provide written notification specified the consultant’s last working day.
4. Payment Terms
The hirer and the consultant agree to the terms of payments as follows. The total cost of consulting service is 293,000 Baht, which is divided into
6 installments as follows:
1st Payment: 91,000 Baht when the agreement is signed by both parties.
2nd Payment: 85,000 Baht upon acceptable completion of Inspection of the site (1 time) and Initial design. (1 time)
3rd Payment: 36,000 Baht upon acceptable completion of Detail
Design and Detail Drawing (2 times).
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4th Payment: 27,000 Baht upon acceptable completion of
construction site inspection (3 times) or civil construction that is related to biogas system.
5th Payment: 30,000 Baht upon acceptable completion of system start-up and operation control officer training.
6th Payment: 24,000 Baht upon completion of system monitoring trip (1 time) and tele-consultant service for a period of one year (counting from the date after completion of system start-up).
The consultant cost does not include transportation, accommodation, and other expenses.
The hirer shall transfer payments listed above to the consultant’s account within 30 days after the date specified in the consultant’s request payment letter. No withholding taxes shall be applied to all payments and transaction fees must be on the hirer’s responsibility. In case of payment delay on settlement date without appropriate notification, the hirer shall have the right to delay consultation on construction and unfinished works of this contract. The contract shall be effective until the end of the contract duration and the consultant shall obtain the payments in accordance with the payment terms of this contract.
In the event that the hirer requires more frequent site visit than referred to in Section 2, the consultant shall request for additional payment of
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15,000 Baht for engineering services. However, this price excludes
transportation, accommodation, and other expenses, which shall be informed prior to the commencement of the trip.
5. Responsibilities of the Consultant
5.1 Inspection of the site
- Inspection of the site.
- Duration: 5 days (2 travelling days and 3 working days)
5.2 Initial design
- Consultant and Hirer will work together on the layout and initial design, computation cover civil, equipment, utilization (partly) and operation.
- Duration: 9 days (2 travelling days and 7 working day)
5.3 Approval Detailed engineering drawing
- Detailed design and detailed engineering drawing will be done by Hirer which include: Design and estimate system and equipment installation cost (BOQ), provide engineering
computational details including civil work, mechanic work,
electric system and control system as well as standard specifications which indicate construction material details and technical specifications.
- Consultant responsible for approval and send correction/s if there is any, comments and recommendation.
- Duration: 3 days (2 travelling days and 1 working day)
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5.4 Drawings Clarification
- Clarify construction drawing details to the hirer or contractor
(One time).
- CONSULTANT is solely responsible for engineering
Clarification.
- Duration: 3 days (2 travelling days and 1 working day)
5.5 Construction and Equipment Installation Follow-up
- Follow up on the biogas system construction and installation by engineer teams to provide consultations to ensure that the biogas system construction conforms to academic principles and the approved design drawing.
- Consultant is solely responsible for Construction and
Equipment Installation Follow-up.
- Duration: 3 days (2 travelling days and 1 working day)
- Frequency: 3 times
5.6 System Start-Up and Commissioning
- Provide consultations and supports to the hirer on wastewater treatment commissioning including civil work, mechanic work,
electric system, and control system, wastewater treatment
system startup, a training course for system control officer, as well as system startup manual.
- Consultant is solely responsible for System Start-Up.
- Duration: 4 days (2 travelling days, and 2 days for system startup and training)
- Frequency: 1 Time
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5.7 System Monitoring
- Conduct system monitoring (1 time), collect wastewater and effluent water for testing, provide system operation report to the farm owner, and provide consultations via e-mail within 1 year.
- Consultant is solely responsible for System Monitoring.
- Duration: 3 days (2 travelling days and 1 working day)
- Frequency: 1 Time
6. Engineering Design
In the event that the consultant’s engineering design is found to be defective or irrelevant with objectives and targets referred to in Section 2
as a result of the consultant’s performance, which does not comply with
the Academic Principles of Engineering, the consultant shall immediately correct the engineering design within 7 days without additional charge and shall extend the construction period equivalent to the time spent in making correction.
7. Construction Supervision and Inspection