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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.

Prof. Niranjan Swarup
Executive Director
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

  1.  

ARTICLE-1

Definitions

17

  1.  

ARTICLE-2

Term

21

  1.  

ARTICLE-3

Consultancy

21

  1.  

ARTICLE-4

Scope of Work

22

  1.  

ARTICLE-5

Commencement of work

24

  1.  

ARTICLE-6

Time of Completion

24

  1.  

ARTICLE-7

Ownership of documents rights, secrecy

25

  1.  

ARTICLE-8

Publicity

26

  1.  

ARTICLE-9

Liability of consultant, indemnification, standard of performance and effect of acceptance

26

  1.  

ARTICLE-10

Contract Price, taxes and duties

26

  1.  

ARTICLE-11

Owner’s right to with hold Payment

28

  1.  

ARTICLE-12

Payment

28

  1.  

ARTICLE-13

Delays and liquidated damages

29

  1.  

ARTICLE-14

Change in work

29

  1.  

ARTICLE-15

Claims for time extension and additional compensation

30

  1.  

ARTICLE-16

Right to inspect

30

  1.  

ARTICLE-17

Maintenance of records

31

  1.  

ARTICLE-18

Covenant against contingency fees

31

  1.  

ARTICLE-19

Conflict of interest

32

  1.  

ARTICLE-20

Subcontracting

32

  1.  

ARTICLE-21

Compliance with laws and regulations

33

  1.  

ARTICLE-22

Occupational safety and health standards

33

  1.  

ARTICLE-23

Consultant relationship to contractors

34

  1.  

ARTICLE-24

Staffing by consultant

34

  1.  

ARTICLE-25

Testimony

35

  1.  

ARTICLE-26

Applicable Laws & Rules

35

  1.  

ARTICLE-27

Indemnification

35

  1.  

ARTICLE-28

Termination & suspension

36

  1.  

ARTICLE-29

Independent contractor

36

  1.  

ARTICLE-30

Assignment

37

  1.  

ARTICLE-31

Entire contract modification

37

  1.  

ARTICLE-32

Resolution of inconsistencies

38

  1.  

ARTICLE-33

Waiver

38

  1.  

ARTICLE-34

Contract document & language

38

  1.  

ARTICLE-35

Metric System

39

  1.  

ARTICLE-36

Notices

39

  1.  

ARTICLE-37

Limitations of Liability

40

  1.  

ARTICLE-38

Force Majeure

40

  1.  

ARTICLE-39

Applicable law, conciliation and arbitration

41

  1.  

ARTICLE-40

Jurisdiction of the contract

43

  1.  

ARTICLE-41

Divisibility

43

  1.  

ARTICLE-42

Amendment

43

  1.  

ARTICLE-43

General Provisions

44

Appendices

  1.  

Appendix-1

Detailed Scope of Work
(To be appended by Owner/Employer)

  1.  

Appendix-2

(Any major Document, if any)

  1.  

Appendix-3

Bar Chart (to be appended during Contract signing as finalized with CONSULTANT)