Design and Supervision Consultant Agreement Template

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S p e c i a l
A s s i s t a n c e
O f f i c e
(Form-5)
Agreement with Consultant
for Design and Supervision of
______________________________________________
THIS AGREEMENT is made this _____ (day) of _____ (month) _____ (year) between:
(1) (Beneficiary Name and Address…) (hereinafter referred to as “the Beneficiary”);
(2) (Consultancy Firm Name and Address…) (hereinafter referred to as “the Consultant”)
WHEREAS, the Beneficiary wishes to have the Consultant for engineering consultancy services
(Design and Supervision) for the (Project name, address and brief description of its components….
....................................................................................) (hereinafter referred to as “the Project”);
WHEREAS, the Consultant is willing to perform these services;
NOW THEREFORE the Beneficiary and the Consultant agree as follows:
ARTICLE – I
DUTIES OF THE CONSULTANT
1.1 The Consultant shall be responsible for the Complete Design and Supervision of the Project
specified in Annex I of this Agreement “Terms of Reference”, which is considered as an
integral part of this Agreement (hereinafter referred to as “the Services”).
1.2 The Consultant undertakes to perform the Services with the highest standards of professional
and ethical competence and integrity.
1.3 The Consultant shall assist the Beneficiary in securing approval of all related legal documents
form concerned Government Authorities relative to the implementation of the Project.
1.4 The Consultant shall not, during the term of this Agreement and within one year after
its expiration, disclose any part or confidential information relating to the Services of this
Agreement or the Beneficiary’s business or operations without the prior written consent of the
Beneficiary.
1.5 The Consultant shall, at the completion of the Project, provide the Beneficiary, free of charge,
a copy of the “As-Built drawings” of the Project.
1.6 Any designs, drawings, documents, reports and other materials, prepared by the Consultant
for the Beneficiary under this Agreement, shall belong to and remain the property of the
Beneficiary. The Consultant may retain a copy of such documents, but has not right to give
them to other party.
1.7 The Consultant undertakes to provide Site Engineer to supervise the work done on the
Project on daily basis in order to ensure that the work is being carried out according to the
specifications.
ARTICLE – II
CONSULTANCY FEES AND MODE OF PAYMENT
2.1 The Consultancy Fees for the Project will be ______________________.
2.2 The above state Fees include plan fees to concerned Government Authorities and printing
costs of drawings.
32
II. Post - approval: Consultancy Agreement
S p e c i a l
A s s i s t a n c e
O f f i c e
(Form-5)
Agreement with Consultant
for Design and Supervision of
______________________________________________
THIS AGREEMENT is made this _____ (day) of _____ (month) _____ (year) between:
(1) (Beneficiary Name and Address…) (hereinafter referred to as “the Beneficiary”);
(2) (Consultancy Firm Name and Address…) (hereinafter referred to as “the Consultant”)
WHEREAS, the Beneficiary wishes to have the Consultant for engineering consultancy services
(Design and Supervision) for the (Project name, address and brief description of its components….
....................................................................................) (hereinafter referred to as “the Project”);
WHEREAS, the Consultant is willing to perform these services;
NOW THEREFORE the Beneficiary and the Consultant agree as follows:
ARTICLE – I
DUTIES OF THE CONSULTANT
1.1 The Consultant shall be responsible for the Complete Design and Supervision of the Project
specified in Annex I of this Agreement “Terms of Reference”, which is considered as an
integral part of this Agreement (hereinafter referred to as “the Services”).
1.2 The Consultant undertakes to perform the Services with the highest standards of professional
and ethical competence and integrity.
1.3 The Consultant shall assist the Beneficiary in securing approval of all related legal documents
form concerned Government Authorities relative to the implementation of the Project.
1.4 The Consultant shall not, during the term of this Agreement and within one year after
its expiration, disclose any part or confidential information relating to the Services of this
Agreement or the Beneficiary’s business or operations without the prior written consent of the
Beneficiary.
1.5 The Consultant shall, at the completion of the Project, provide the Beneficiary, free of charge,
a copy of the “As-Built drawings” of the Project.
1.6 Any designs, drawings, documents, reports and other materials, prepared by the Consultant
for the Beneficiary under this Agreement, shall belong to and remain the property of the
Beneficiary. The Consultant may retain a copy of such documents, but has not right to give
them to other party.
1.7 The Consultant undertakes to provide Site Engineer to supervise the work done on the
Project on daily basis in order to ensure that the work is being carried out according to the
specifications.
ARTICLE – II
CONSULTANCY FEES AND MODE OF PAYMENT
2.1 The Consultancy Fees for the Project will be ______________________.
2.2 The above state Fees include plan fees to concerned Government Authorities and printing
costs of drawings.
32
II. Post - approval: Consultancy Agreement
S p e c i a l
A s s i s t a n c e
O f f i c e
2.3 The Consultant shall not ask for more amount of fee from the Beneficiary and it shall be
commensurated with the value of the work done and executed.
2.4 The Consultant undertakes to pay all professional taxes that may be due by reasons of this
Agreement.
2.5 The professional fees will be paid as follows:
(a) Twenty five percent (25%) of the total fees after the preparation of all necessary designs
and tender documents as per the “Terms of Reference” specified in Annex I of this
Agreement and obtaining all necessary approvals/ construction permit.
(b) Fifteen percent (15%) of the total fees after completion of the tender process and signing
agreement with the selected contractor.
(c) Out of the remaining sixty percent (60%) of the total fees, 55% shall be paid progressively
completion of the Project.
according to the progress on site and till the
(d) The balance of 5% of the total fees shall be paid on completion of the defects liability
period of the project.
ARTICLE – III
IMPLEMENTATION PERIOD
3.1 The Consultant shall perform the Services from the date of signing of this Agreement and
will continue until the completion of the Construction Works of the Project and its Defects
Liability Period agreed upon between the two parties.
ARTICLE – IV
TERMINATION OF ENGAGEMENT
4.1 The appointment of the Consultant shall be on the understanding that no other consultant
is currently engaged on the same work and that any previous appointment has been properly
terminated.
4.2 The Agreement entered into between the Consultant and the Beneficiary may be terminated
by either party upon reasonable notice being given and without assigning reasons thereof.
The two parties agree with the above Terms and Conditions on _____/_____/_______.
FOR AND ON BEHALF OF THE BENEFICIARY
_____________________________
FOR AND ON BEHALF OF
THE CONSULTANT
_____________________________
33
II. Post - approval: Consultancy Agreement

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