Standard Form of Contract For Engg Consultancy Services For Smaller Projects
Standard Form of Contract For Engg Consultancy Services For Smaller Projects
Standard Form of Contract For Engg Consultancy Services For Smaller Projects
FOR
ENGINEERING CONSULTANCY SERVICES
(For Smaller Projects)
First Edition
(Revised and reprinted on June 11, 2007)
Pakistan Engineering Council extends deep appreciations and acknowledges the tremendous
contribution in developing and finalizing this document by the following members of the
Standards and Quality Committee:-
PREFACE
(ii)
Pakistan Engineering Council being the Statutory Regulatory body entrusted to regulate the
engineering profession of Pakistan has undertaken among other, the standardization of
"country specific" documents to regulate and streamline the hiring of engineering consultancy
services and procurement of works. Standard Form of Contract for Engineering Consultancy
Services (For Smaller Projects) is one such document prepared by a team of experts
comprising Employers, Constructors and Consultants. It is expected that use of this document
will provide an equitable and just basis for execution of contract agreements for providing
Engineering Consultancy Services in line with the international practice and relevant PEC Bye-
Laws thus minimizing ambiguities and likely contractual disputes.
This document is primarily based on the standard formats being used in NESPAK for
execution of engineering consultancy contract on Time Based or Lump Sum or any other
mode agreed upon between the parties. This document is intended to be used for Small
projects with consultancy fee not more than Rupees two (2.0) Million. Detailed Instructions
for its use follow this page.
Pakistan Engineering Council wishes to place on record its deep appreciation for the
tremendous work done by the Standards and Quality Committee and M/s NESPAK in
finalizing this document. Various Engineering Organizations and Departments are requested to
use this document for procurement of Engineering Consultancy Services. Any suggestions to
improve this document are welcomed which may please be addressed to:
Registrar
Pakistan Engineering Council
Ataturk Avenue (East)
Sector G-5/2
Islamabad
Tel # 92-51-2276225
Fax # 92-51-2276224
E-mail: registrar @ pec.org.pk
(iii)
INSTRUCTIONS TO USERS OF THIS DOCUMENT
(Not to be included in the Contract Documents)
1. This document is designed for Engineering Consultancy Contract on Cost Plus (Time
Based), Lump Sum or any other method of remuneration stipulated in Appendix A of
"Conduct and Practice of Consulting Engineers Bye-Laws 1986 (SRO 809(1) /86)"
issued by the Pakistan Engineering Council. Two other documents for Engineering
Consultancy Contracts namely, (a) "Standard Form of Contract for Engineering
Consultancy Services (Time Based)” and (b) "Standard Form of Contract for
Engineering Consultancy Services on Lump Sum Assignment” are also separately
published. It is expected that most of the Engineering Consultancy contracts will
generally be covered by the above three documents, however, for any other mode of
remuneration to the consultants as stipulated in Appendix-A of the above referred PEC
Bye-Laws, the users are to tailor the relevant clause(s) to suit their requirements.
2. This simplified document is recommended for use on small projects where the
consultancy fee is not more than Rupees two (2.0) Million.
3. This document has been developed for use of consultancy services with payment of
remunerations in Pakistani Rupees only, however, if any foreign currency payment is
involved, it should be spelled out in Appendix-C.
4. Instructions to users are also provided in various places of this document within
parenthesis or as Note(s). Users are expected to edit and finalise this document
accordingly, by filling all the blank spaces and forms, deleting all the notes and
instructions intended to help the users.
(iv)
-----------------------------------------
(Client)
-------------------------------
-------------------------------
(Project Name)
--------------
(Month) (Year)
(v)
TABLE OF CONTENTS
Page No.
ARTICLE 1 : THE PROJECT 1
ARTICLE 7 : TERMINATION 3
7.1 End of Services 3
7.2 Termination by the Client 3
7.3 Termination by the Consultant 3
ARTICLE 12 : NOTICES 4
APPENDICES
(vi)
AGREEMENT FOR CONSULTANCY SERVICES
between
---------------------------------------------------------------------------------------------------------
--------------------------------------------------------- (herein referred to as the “Client”) of the
first part;
and
------------------------------------------------------------------------------------------------- (herein
referred to as “Consultant”), of the second part.
The Project for which Services are required to be performed under this Agreement
is described in the attached Appendix A.
2.1 The scope of consultancy and other professional services (herein referred
to as "Services") to be performed by the Consultant for the Project under
this Agreement are described in the attached Appendix A.
(1)
Extension of Time for completion of Services and the terms and conditions
thereof shall be mutually agreed between the Client and the Consultant as
and when required.
- The Consultant shall carry out the Services with due diligence and
efficiency and in conformity with sound engineering practices.
- The Consultant shall furnish the Client such information relating to the
Services as the Client may from time to time reasonably request.
- Except with the prior written approval of the Client, the Consultant
shall not assign or transfer the Agreement for Services or any part
thereof nor engage any other independent consultant or sub-
contractor to perform any part of the Services.
(2)
- The Client shall take all necessary measures to make timely payments
to the Consultant as stipulated in Article 5, hereof.
The remuneration for Services rendered by the Consultant and the mode of payment
shall be as described in the attached Appendix-C.
The Client may ask the Consultant to perform Additional Services during
the currency of this Agreement. Such Additional Services shall be
performed with the prior concurrence of both the Parties. the Consultant
shall submit an estimate of the additional time (if any) and the additional
remunerations for such Additional Services which shall be approved in
writing by the Client before the commencement of the Additional Services.
7. ARTICLE 7: TERMINATION
The Client may, by a written notice of thirty (30) days to the Consultant,
terminate this Agreement. All accounts between the Client and the
Consultant shall be settled not later than sixty (60) days of the date of such
termination.
(3)
The term "Force Majeure" as employed herein shall mean acts of God, strikes, lock-
out or other industrial disturbances, acts of public enemy, wars, blockades,
insurrection, riots, epidemics, landslides, earthquakes, storms, lightning, floods,
washouts, civil disturbances, explosions and any other similar events, not within the
control of either Party and which by the exercise of due diligence neither Party is
able to overcome.
Any dispute or difference arising out of the Agreement which cannot be amicably
settled between the Parties, shall be finally settled under the provisions of the
Arbitration Act, 1940 (Act No. X of 1940) and Rules made thereunder as amended
from time to time. The venue of arbitration shall be in Pakistan as given in Appendix
D, Special Conditions.
This Agreement shall, in all respects, be read and construed and shall operate in
conformity with the laws of Pakistan and the courts at the location indicated in
Appendix D, Special Conditions shall have exclusive jurisdiction for adjudicating
and interpreting the Agreement.
Any notice given by any of the Parties hereto shall be sufficient only if in writing
and delivered in person or through registered mail as follows:
(4)
or to such other address as either of these Parties shall designate by notice given as
required herein. Notices shall be effective when delivered.
IN WITNESS WHEREOF, the Parties have executed this Agreement, in two (2) identical
counterparts, each of which shall be deemed as original, as of the day, month and year first
above written.
Designation:---------------- Designation:--------------
(Seal) (Seal)
Witness: Witness:
(5)
APPENDIX A
THE PROJECT
&
SCOPE OF SERVICES
A-3 DATA/DOCUMENTS/REPORTS
(With reference to Article 4.2 list the data, documents and reports which are to be
provided by the Client and will be required by the Consultant for performing the
Services.)
(6)
APPENDIX B
TIME SCHEDULE
(The date on which this Agreement shall come into effect is the date when the
Agreement is signed by both the parties and the amount of advance payment due
upon signing of the Agreement is received by the Consultant.)
(With reference to Article 3.2 give time schedule of Services taking into account
data/documents required from the Client and the time of approval(s) by the Client.)
(7)
APPENDIX C
&
SCHEDULE OF PAYMENT
(8)
APPENDIX D
SPECIAL CONDITIONS
(9)
LIST OF PEC CONTRACT DOCUMENTS
Sr.
No. Name of the Document Status
(2) Standard Form of Bidding Documents for Procurement of Works (E&M) Completed
(to be used for estimated value of more than Rs. 25 Millions)
(8) Standard Procedure for Evaluation of Bids for Procurement of Works Completed
(10)