Model Consultancy Contract for HDD Crossing (MCC-HDD)
Table of Contents
PREFACE
The professional consulting service afford a very large section of this industry. This set of professionals are responsible for the planning, design construction and management of the infrastructure needed to meet the world’s ever increasing demand for food, water, sanitation, shelter, health, health services, transportation and energy.
The expression “Consulting Service” defines services of an intellectual management supervision and advisory nature provided by the consultant using their professional skills to study, design, plan and implement the projects. The consultants offer the client a more efficient allocation of resources by providing specialized services and independent advice on the most suitable approaches, methodologies and solutions for their projects. Knowledge transfer from the consultant also forms an important part of the assignment and Horizontal Directional Drilling (HDD) is one of their. It is essential therefore to address the concerns in terms of problems faced during the execution of works due to its complexity.
Dr. Niranjan Swarup
Director General
Indian Society for Trenchless Technology
Table of
Contents
Sl. No. |
Section |
Description |
Page No. |
i. |
|
Preamble |
5 |
ii. |
|
Standard Working Group Structure |
9 |
iii. |
|
Special nominees for Working Group on MCC-HDD Crossing |
13 |
iv. |
|
Model Consultancy Contact Form |
15 |
-
|
ARTICLE-1 |
Definitions |
17 |
-
|
ARTICLE-2 |
Term |
21 |
-
|
ARTICLE-3 |
Consultancy |
21 |
-
|
ARTICLE-4 |
Scope of Work |
22 |
-
|
ARTICLE-5 |
Commencement of work |
24 |
-
|
ARTICLE-6 |
Time of Completion |
24 |
-
|
ARTICLE-7 |
Ownership of documents rights, secrecy |
25 |
-
|
ARTICLE-8 |
Publicity |
26 |
-
|
ARTICLE-9 |
Liability of consultant, indemnification, standard of performance and effect of acceptance |
26 |
-
|
ARTICLE-10 |
Contract Price, taxes and duties |
26 |
-
|
ARTICLE-11 |
Owner’s right to with hold Payment |
28 |
-
|
ARTICLE-12 |
Payment |
28 |
-
|
ARTICLE-13 |
Delays and liquidated damages |
29 |
-
|
ARTICLE-14 |
Change in work |
29 |
-
|
ARTICLE-15 |
Claims for time extension and additional compensation |
30 |
-
|
ARTICLE-16 |
Right to inspect |
30 |
-
|
ARTICLE-17 |
Maintenance of records |
31 |
-
|
ARTICLE-18 |
Covenant against contingency fees |
31 |
-
|
ARTICLE-19 |
Conflict of interest |
32 |
-
|
ARTICLE-20 |
Subcontracting |
32 |
-
|
ARTICLE-21 |
Compliance with laws and regulations |
33 |
-
|
ARTICLE-22 |
Occupational safety and health standards |
33 |
-
|
ARTICLE-23 |
Consultant relationship to contractors |
34 |
-
|
ARTICLE-24 |
Staffing by consultant |
34 |
-
|
ARTICLE-25 |
Testimony |
35 |
-
|
ARTICLE-26 |
Applicable Laws & Rules |
35 |
-
|
ARTICLE-27 |
Indemnification |
35 |
-
|
ARTICLE-28 |
Termination & suspension |
36 |
-
|
ARTICLE-29 |
Independent contractor |
36 |
-
|
ARTICLE-30 |
Assignment |
37 |
-
|
ARTICLE-31 |
Entire contract modification |
37 |
-
|
ARTICLE-32 |
Resolution of inconsistencies |
38 |
-
|
ARTICLE-33 |
Waiver |
38 |
-
|
ARTICLE-34 |
Contract document & language |
38 |
-
|
ARTICLE-35 |
Metric System |
39 |
-
|
ARTICLE-36 |
Notices |
39 |
-
|
ARTICLE-37 |
Limitations of Liability |
40 |
-
|
ARTICLE-38 |
Force Majeure |
40 |
-
|
ARTICLE-39 |
Applicable law, conciliation and arbitration |
41 |
-
|
ARTICLE-40 |
Jurisdiction of the contract |
43 |
-
|
ARTICLE-41 |
Divisibility |
43 |
-
|
ARTICLE-42 |
Amendment |
43 |
-
|
ARTICLE-43 |
General Provisions |
44 |
Appendices |
-
|
Appendix-1 |
Detailed Scope of Work
(To be appended by Owner/Employer) |
|
-
|
Appendix-2 |
(Any major Document, if any) |
|
-
|
Appendix-3 |
Bar Chart (to be appended during Contract signing as finalized with CONSULTANT) |
|
|