CONTRACT AGREEMENT

This agreement is made on ________________________2000 between the Executive Engineer,

Communication & Works Department, Highway Division Charsadda (hereinafter referred to as the
Employer, which terms shall include his successor in Office and assigns) on the one part and
M/S Khyber Consulting Engineers, 194/E-1, Street 8, Phase-I, Hayatabad Peshawar (hereinafter
referred to as the Consultants which term shall include their administrators and legal
representatives) on the other part.
WHEREAS the employer is desirous of engaging the Consultants for providing Engineering
services for Design of RCC Bridges on Minor No. 6 RD No. 40837 at Sarki Titara Marwandai and
Haji Gul Killi Bridge Union Council Behlola district Charsadda (hereinafter referred to as the
works) and the Consultants have agreed to perform the work, subject to the terms and conditions
hereinafter mentioned.
NOW, THEREFORE, this agreement witnesses as follows:

GENERAL CONDITIONS
ARTICLE 1-

ENGINEERING SERVICES

The employer engages the services of the Consultants and the Consultants agree to provide the
services for Design of RCC Bridges on Minor No. 6 RD No. 40837 at Sarki Titara Marwandai and
Haji Gul Killi Bridge Union Council Behlola district Charsadda, all in accordance with the terms
and conditions of this agreement. The Consultants agree to use their efforts to provide services
for the work as described in the Article 9 Scope of work.
ARTICLE 2-

PERSONNEL

The Consultants shall employ duly qualified personnel to perform their duties under this
agreement. The Employer shall have the right to direct the Consultants to remove and /or replace
any personnel employed by the Consultants in the execution of work.
ARTICLE 3-

FACILITIES TO BE PROVIDED BY THE EMPLOYER

The Employer shall take all necessary measures to facilitate the works of the Consultants under
this Agreement, especially the following matters:
3.1

In obtaining existing data pertaining or relevant to the works, with various Government
Departments. Such items unless paid for by the Consultants without reimbursement, shall
be returned by the Consultants upon completion of the works under this agreement.

3.2

The Employer shall coordinate with, and expedite any necessary approvals relating to the
works from all other Government or Semi-Government Agencies, Departments or
Authorities.

3.3

The Employer shall be responsible for the right of entry and acquisition of lands
necessary for the execution of the works.

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3.4

If relocation of utilities is required the Employer shall provide assistance to the

Consultants in carrying out this assignment. The expenses incurred by the Consultants
for this activity shall be reimbursed by the Employer as per actual.

ARTICLE 4- TERMINATION
4.1

Termination for Cause or Convenience

The Consultants shall mobilize immediately after signing of the Contract and show
satisfactory progress. In case of unsatisfactory mobilization, the Employer may terminate
the Contract and require the Consultants to refund the amount advanced. The Employer
or the Consultants, may on ninety- (90) days written notice, at any time, terminate this
Agreement for cause, stating the grounds for termination. In addition, the Employer may
at any time terminate this Agreement for convenience upon ninety (90) days written
notice. Upon issuance of termination notice by the Consultants, the Consultants shall
stop work and deliver to the Employer all the incomplete work, documents, drawings,
supplied materials and other property procured as part of the work and shall terminate all
existing employment contract orders and sub-contracts.

4.2

Payment Upon Termination

Upon proper termination for cause, the Employer shall be refunded any portion of the
fees already paid to the Consultants if in opinion of the Employer it does not represent
remuneration for service performed prior to such termination. Similarly the Employer shall
pay the dues if any, of the Consultants for work done up to termination date along with
any extra expenses incurred for completing job by way of payments for staff or other
employment contracts.

4.3

Termination After Completion

The Agreement shall stand terminated three calendar months after the official completion
of Works.

4.4

Payment Upon Termination After Completion

The payment for Engineering Services stipulated in Article 11, shall be considered the
appropriate total remuneration and reimbursement of cost for the Agreement terminated
after satisfactory completion of the Works.

ARTICLE 5- FORCE MAJEURE

Neither party hereto shall be responsible for any failure to fulfil any obligation imposed on it under
this Agreement if and so far as, and so long as, such performance is delayed or prevented by any
circumstances such as War, Civil Commotion, plague, Insurrection, Earthquake or similar disaster
being an act of God which is beyond the control of either party and could not have been avoided
or mitigated by that party by exercise of due care and diligence. If the performance of any
obligations or responsibility of the Consultants is delayed or totally prevented as here in before
provided, the terms of this Contract shall be deemed to have been extended for such period of
delay or suspension unless terminated and such termination shall be governed by Article 4 of this
Agreement here in before provided.

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ARTICLE 6 - TAXES
Under this Agreement the Consultants undertake responsibility for payment of income tax or any
other taxes levied upon them or in connection with their employees and services under this
Agreement.
ARTICLE 7 MISCELLANEOUS
7.1

Language and Standard

All reports and other communications pertaining to this agreement shall be in the English
Language and all measurements shall be in the International System of Units (metric
system).

7.2

Ownership of Designs
All designs, drawings and Technical data in connection with Work shall become the
property of the Employer after completion or termination of the Works under this
Agreement.

ARTICLE 8 SERVICE OF NOTICES

8.1

Official Notices to the Employer shall be addressed to:

Executive Engineer,
Communication & Works Department,
Highway Division, Charsadda.

8.2

Official Notices to the Consultant shall be addressed to:

The Managing Partner,
Khyber Consulting Engineers,
194 E 1/ Street 8, Phase 1, Hayatabad Township,
Peshawar.

8.3

The notices to be given under the terms of this Agreement shall be served by sending the
same by registered post to or leaving the same at the addresses given above after
securing receipt.

ARTICLE 9 SCOPE OF WORK

9.1

General
i)

Coordination
The Consultants shall coordinate his work with any adjoining Consultant and
other agencies (e.g. WAPDA, Highway Department, District Council, T & T
Department etc.) operating in the area of the project on their own.

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ii)

Sound Engineering
The work shall be carried out in a manner compatible with sound engineering
and economic practices in work of this nature.

9.2

Topographic Survey
The consultants shall identify the bridge location. The location thus proposed shall be
approved by the employer. Detailed topographic survey consisting of traverse, B.M.
leveling, R.O.W. and picking up all essential details, buildings, utilities shall be carried out
by the consultants.

9.3

Structural Design
The structural design of bridge shall be based on Pakistan code of practice for Highway
Bridges 1967 (PCPHB).

9.4

Bridge structures
Super structure and Sub structures of bridge shall be designed keeping in view the
following factors.

Requirements of vertical clearance above the high flood level.

Type of soil and slope stability of the riverbanks.

Availability of sound strata for foundations.

Vertical and horizontal alignment in coordination with approach roads.

9.5

Preparation of Documents
The Consultants shall prepare and submit the following contract plans and documents.
1.

Tender Documents including:

a.
b.
c.
d.
e.
f.
g.
h.

Cover sheet
Layout/Location plan
General arrangement
Structural drawings of bridges
Technical Specifications
Special Provisions
Item wise Bill of Quantities
Conditions of Contract

The conditions of contract shall contain the following:

i.
ii.
iii.
iv.
v.
2.

Instructions to Tenderer.
Form of Tender Bond
Form of Performance Guarantee
Form of Tender
Condition of Contract.

Engineers Estimate and PCI

Engineers Estimate for the project shall be prepared to an accuracy of + 10 percent.

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9.6

Submission of Documents
The Consultants shall submit the following reports and documents all in English to the
Employer:
1. Tender Documents Including: Cover sheet, Layout/Location
plan, General arrangement, Structural drawings of bridge,
Technical Specifications, Special Provisions, Conditions of
Contract and Bill of Quantities)

5 Copies

2. PC-I Proforma and Engineers Estimate

5 Copies

ARTICLE 10 TIME OF COMMENCEMENT AND COMPLETION

A.

Time of Commencement
The effective date of commencement of the design work shall be the date on which
agreement is signed.

B.

Time of Completion
Work shall be completed in 30.0 days from the effective date of commencement, which
will not include the time of mobilization and approvals.

ARTICLE 11 - PAYMENT SCHEDULE

11.1

Design Fee
In consideration of the due performance of the services to be provided as set forth in
Article 9, the Employer shall pay to the Consultants Rs. 200,000 (Rupees Two Hundred
Thousand Only).
The Consultants fee shall include No. of copies of each document/drawing as stated in
Article 9.7. Extra documents/drawings required by the Employer shall be charged at the
rate of Rs. 50.0 per page of drawings and Rs. 5.0 per page of the documents.

11.2

Mode of Payment
1.

2.

Submission of Tender Documents Including:

Cover sheet, Layout/Location plan, General arrangement,
Structural drawings of bridge, Technical Specifications,
Special Provisions, Conditions of Contract, and Bill of Quantities

70 %

Submission of PC1 Proforma and Engineers Estimate

30 %

ARTICLE 12 ARBITRATION
In the event of any question or dispute arising under or in connection with this Agreement
between the Consultants and the Employer, the same shall be referred to a sole arbitrator to be
agreed upon within thirty (30) days by both the parties hereto or failing that, to two arbitrators one
to be nominated by each party. In case the two arbitrators cannot agree within the period
stipulated by law or agreed upon between the parties, the dispute shall be referred to an umpire
to be appointed by the said two arbitrators in writing before proceeding on the reference. The

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decision of the sole arbitrator, the said two arbitrators or of the Umpire so appointed by them, as
the case may be, shall be final and binding on the parties and the provision of the Arbitration Act
1940 and of the rules thereunder and any statuary modification thereto shall be deemed to apply
to and be incorporated in this Agreement. Upon every and any such reference, the assessment of
costs incidental to the reference and the award respectively shall be in the desertion of the sole
arbitrator the two arbitrators or the Umpire, as the case may be. Work under this Agreement shall,
if reasonably possible, continue during the arbitration proceedings and no disputed payment due
to or by the Consultant shall be withheld on account of such proceedings. Reference to arbitration
shall be a condition precedent to any action of law. The venue of arbitration shall be at Peshawar.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year
above written.

Mian Mohammad Ali,

Managing partner,
Khyber Consulting Engineers.

Chairman District Development Unit/

Deputy Commissioner
Charsadda.

Executive Engineer,
C & W Department,
Highway Division Charsadda.

WITNESS 1
_________________

WITNESS 2
___________________

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