Engineering services contract (C 2)

2006
To supervise the project execution of:
__________________________________________________

The Department:
___________________________________________________________

The First party: the employer:

_______________________________________________________

The Second party: the consultant:

___________________________________________________

Tender Number:
___________________________________________________________

Date of signing the contract:

________________________________________________

Duration of the Contract:

___________________________________________________

The acceptable value of the contract:

________________________________________

*NOTE: In the event of any difference in interpretation between the

English and Arabic text, the Arabic text shall prevail.

Engineering services contract (c2)

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 Table of contents

SUBJECT PAGE NO.

Table of Contents 2

Contract agreement 4

General conditions of Engineering Services Contract 6

Article (1) – Definitions 6

Article (2) – The Scope work of the Contract 7

Article (3) – Language and Law adopted 7

Article (4) – Taxes and fees 7

Article (5) – Performance Guarantee 8

Article (6) – Level of performance 8

Article (7) – Validity and Commencement of the contract 8

Article (8) – Duties of the Consultant 8

Article (9) – Waiver and sub-contracts 9

Article (10) – Site survey Investigations 9

Article (11) – Variations and additional works 9

Article (12) – Failure by the consultant 9

Article (13) – Termination of contract by the Employer 11

Article (14) – Termination of contract by the Consultant 11

Article (15) – Responsibilities of the Employer 12

Article (16) –stages and periods of work 12

Article (17) –remuneration Fees 12

Article (18) – Training of the Employer's personnel 12

Article (19) – Settlement of disputes between employer and the consultant 13

Article (20) – Amendment of legislations 14

Article (21) – Notarial Notifications 14

Article (22) – General provisions 14

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Article (23) – Discharge Statement 17

Article (24) – Notifications 17

Appendix of the contract No. - (1) Responsibilities of the consultant during 18

the supervision stage

Appendix of the contract No. (2) - Form of Performance Guarantee 21

Appendix of the contract no. (3) Consultant remuneration fees during the 22
supervision stage

Appendix of the contract no. (3/A) Consultant remuneration fees during the 23
supervision stage

Appendix of the contract no. (3/B) Abstract of the consultant remuneration 24

fees during the supervision stage

Appendix of the contract No. (4) Statement of other payments 25

Appendix of the contract No. (5) Statement of prohibited payments 26

Schedule No. (1) Awarded Government Tenders 27

Schedule No. (2) The institutional status 28

Schedule No. (3) Heads of Specializations and their assistants 29

Schedule No. (4) Analysis of the monthly remuneration fees of the cadre 30

Schedule No. (5) Analysis of the remuneration fees of the office support 31

Form of

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 Contract Agreement of Engineering Services for

The supervision of project execution

Project: ____________________________________________________________________

___________________________________________________________________________

Tender No.: ________________________________________________________________

This agreement was made on …….. Day ……….Month........……..year ….......

between the:

Employer: ………...............................................… as a First party,

Represented by …………………….........…....................………………

And the Consultant: ……….........…………………….as a second party,

Represented by …………...........................…………………………

Whereas the first party is willing to acquire technical services

(Supervision) on the execution of the project and whereas he had

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accepted, the offer submitted to him by the second party, it was agreed
between the two parties on the followings:

1. The words and phrases mentioned in this contract shall have the
same meanings set forth in the unified Contract Agreement
Book for the construction projects in addition to the definitions
provided in article (1) of the general conditions of this contract .
In the event of any dispute, the definitions of this contract shall
prevail.
2. The documents listed here-in-below are an integral part of this
contract, and as a whole, they shall be considered an integrated
unit and the order of priority of the documents shall be
according to the following sequence:
A. The Letter of Acceptance containing the decision of award.
B. Tender's offer
C. Instructions for the participants in the tender, Tender Invitation
and appendixes that are issued prior to the signing of contract.
D. The special conditions of the contract.
E. Bases of reference
F. General conditions.
3. A. The accepted value of the contract in figures: ( )
Dinars.
In writing: ( ) Dinars.

B. Duration of the contract: ( ) days.

In writing: ( ) days

4. The second party undertakes to carry out the engineering

services required from him under this contract and
accomplishes same in accordance with this contract.
5. The first party undertakes to pay the second party the value of
the contract (remuneration fees) in the dates and manners

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 specified in Appendix no. (3), hereto for the provision of the
Engineering Services required by the second party under this
contract.
According to what has been stated here-in-above, this contract was
signed in the above mentioned date.

First part Second party

Employer Consultant

Signature -------------------------- Signature ----------------------

Name -------------------------------------------- Name -----------

Profession----------------------------------------- Profession--------------

Witnesses:

Signature --------------------------------------- Signature ------

Name -------------------------------------------- Name -----------

Profession----------------------------------------- Profession--------------

General conditions of the engineering services contract

Article (1)

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- Definitions:

The following words and phrases wherever mentioned in this contract

shall have the same meanings assigned to them here-in-below, and the
words that refer to persons or parties is including companies and other
legal entities, unless the context otherwise requires:

The Government : The Government of the Hashemite Kingdom

of Jordan.

The Employer : The party referred to as a first party in this

contracts, as well as his legal successors who
contracts with the consultant to accomplish the
engineering services covered by the contract,
or any other party delegated by the employer
to exercise the powers and responsibilities of
the first party provided that the consultant
should be notified of this in writing.

The Employer's representative : The person who is appointed by the

employer to follow-up the work of consultant
under this contract and has the powers that
have been identified by the employer and the
consultant should be notified of this in writing.

The Consultant : Office (engineer office, engineering office or

firm, consulting office or firm), or a joint-
venture referred to hereto in the contract as a
second party and who was contracted by the
employer to perform engineering services in
accordance with this contract.

The Engineering services : Providing the required technical

services to supervise the project in accordance

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 with what has been specified in this contract,
appendices and special conditions hereto.

Bases of reference : The objectives, goals, the scope of the

required tasks, studies, basic data and
information that provide a clear idea about the
nature of the required engineering services.

Tender's offer : The offer submitted by the consultant to the

employer for accomplishment of engineering
services under this contract.

Letter of acceptance : The Employer's official acceptance of the

tender's offer along with any additional
conditions agreed by the two parties prior to
signing of contract in accordance with the
decision of award.

Accepted value of the contract: The total amount mentioned in the

letter of acceptance for the performance of the
required engineering services in accordance
with the contract.

Value of the contract : The accepted value of the contract in addition

to any increase or decrease may occur on the
contract.

Approval : The written or oral approval that followed by

a written confirmation.

Duration of the contract: The duration specified in the contract for each
specialization stated in Appendix No (3/A) of
this contract by the employer.

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Documents : The documents that are contained in this
contract, which shall be considered an
integrated part thereto.

Location : Lands, premises and the areas presented or

designated by the employer to execute the
permanent works within it, as well as any other
places stated in the contract specifically
considered as part of the site.

Provisional sum : The amount(s) included in the summary of

remuneration fees and specified for
expenditure on any works or other services
identified in the contract. A separate item shall
be specified for any of them in the summary of
remuneration fees.

Employee : The official, employee, representative or

agent who works for the employer or whom he
represent, including employees of
governmental institutions or companies that
the government has shares in.

Others : The persons of non-staff members.

Other payments : All commissions, consulting fees, agents or

any other fees whether direct and indirect or
anything of a financial value paid or agreed to
be paid by consultant or agreed to pay for
"others", which includes but not limited to, a
detailed description of these payments,
whether it was paid or would be paid directly
or indirectly by the consultant or on his behalf,
or by his consultants or on their behalf or by

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 any of their employees, agents or
representatives, with respect to the invitation
to submit offers for the execution of this
contract or the Bidding/ Auctioning process
itself or award to the consultant or the
negotiations in progress in order to conclude
the contract for its actual execution.

Prohibited Payments : All amounts whether they were commissions,

fees of consultations, agents fees or else have
been paid, directly or indirectly, or anything of
a financial value, promises, commitments to
pay such amounts, the offer of these things,
whether directly or through a mediator
regardless whether it was done by the
consultant or on his behalf, or by his sub-
consultants or on their behalf, or any of their
employees, agents or representatives, which
being paid to any "employee" whether he has
acted in an official manner or not, with respect
to the invitation to submit offers for the
execution of this contract or the Bidding
/Auctioning process itself, or award to the
consultant or the negotiations in progress in
order to conclude the contract for actual
execution.

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Article (2)

- The scope of work in the contract:

Supervising the execution of the project through out the support of the
main office and/or permanent supervision as provided later on in this
contract.

Article (3)

- The language and the law adopted:

A. The contract shall be in Arabic, including all correspondence and

relevant conditions, however, the specifications, drawings,
schedules of quantities and technical reports might be in English
and if a contract was made in Arabic and English, and a
discrepancy occurred over the interpretation, then the text in
Arabic shall prevail.
B. The Jordanian provisions of the laws, by- laws and instructions in
force, shall be applied upon the signing of this contract and they
should be referred to when applying its conditions.
Article (4)

- Taxes and fees:

1. Parties to the contract are subject to all laws, by- laws and
instructions in force in the Kingdom with respect to taxes and fees
unless the context of the contract provides otherwise.

2. The consultant shall pay the Revenue Stamps fees and fees of the
University prior to the signing of the contract in accordance with
the applicable laws, by- laws and instructions.

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Article (5)

- Performance Guarantee:

Prior to the signing of the contract and after receiving the decision of
award, the consultant shall provide the employer with a performance
guarantee to ensure the execution of the engineering services and fulfill
the obligations set forth under the contract for a period three months
subsequent to the duration of the contract. The guarantee shall be by
10% of the accepted value of the contract issued by a bank or financial
institution formally authorized and according to the Guarantee Form
contained in the appendix no. (2). In the event that it was necessary to
extend the duration of the guarantee, the employer shall have the right
to do so at the expense of consultant for three months, subject to
renewal for similar periods as the exigencies of the work. The employer
shall release guarantee as soon as he approves the final discharge
submitted by the consultant.

Article (6)

- Level of performance:

A. The consultant shall do his utmost care and diligence to perform

the duties required of the highest standards of professional
practice and the use of qualified people in their respective fields
of competence and experience, and he shall inform the
employer with the names and experience of engineers who will
be providing the engineering services.
If the employer found out that the level of professional
performance of the technical staff is not compatible with the
required level, he has to inform the consultant in writing, and the
consultant has to hire new technical cadres, if necessary, to
rectify the situation and he has to re-organize the working staff
in conformity with this requirement. The consultant shall take

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 into account the observations required or guided by the
employer or his representative in all matters related to the
implementation of the engineering services the subject of this
contract.

B. If the consultant failed to provide the required level of

professional services, he shall be considered in default, in this
case, the employer shall have the right to take the essential
action to rectify the failure and correct the errors after giving
the consultant a warning. This procedure shall be conducted in
accordance with Article (12) hereto.
Article (7)

- Validity of the contract and commencement

A. Validity of the contract: The contract shall enter into force as

soon as signed by the two parties.
B. Date of commencement: The commencement of the
supervision works shall be determined by a written letter issued
by the employer to the consultant in which he states the date of
commencement and the dates of work for the supervising staff
pursuant to a mutual agreement between the employer or
whoever representing him in writing and the consultant. The
employer shall take into account when issuing the order of
commencement to be within a period of not less than one week
prior to the commencement of execution activities for the
purpose of studying the drawings and the tender documents
and giving opinion thereon.
Article (8):

- Duties of Consultant:

The consultant shall perform the duties provided for in Appendix no. (1),
attached to this contract.

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Article (9):

- Waiver and sub-contracts:

A. The consultant has no right to waive any part of this

contract to others or to entrust to any sub-consultant to
carry out any part thereof unless stated in the contract
documents or consultant’s offer and the employer shall be
entitled to terminate the contract as a result of any such
conduct if proved and in accordance with the provisions of
Article (12) of this contract.
B. In all cases, the consultant shall obtain prior consent from
the employer to carry out any work by any sub-consultant
and he shall provide the employer with the information
required for any proposed sub-consultant in terms of
qualifications, experience and competence to carry out
such work, as well as to submit the sub-contract of
assignment that have been signed between him and the
sub-consultant. The consultant shall be fully responsible for
all engineering services, and any default or omission
resulting from the work of the sub-contractor or his
employees.
Article (10)

- Site survey investigations:

If a Site Survey Investigations have been carried out during the

stage of studies and design, the consultant shall review the reports
of Site Survey Investigations and compare them with what is on the
ground and make sure of the conformity between the report and
what is on the ground in coordination with the consultant of the
site survey. In the case of any inconformity, the employer should be

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 informed and call the consultant who performed the site survey
investigations for explanation, if necessary, and follow up the
required modifications on the drawings with the employer,
designer and the contractor.

Article (11):

- Variations and additional works:

A. The employer shall have the right to perform any modification

he deems necessary to the engineering services in respect of
quality, quantity or request to provide additional engineering
services, and an agreement between the employer and the
consultant should be made on the remuneration fees which may
result from such variations or additional works.
B. A consultant shall be committed to make the modifications
required, after a written order by the employer and defines a
temporary remuneration fees for the consultant of such
modifications, until a final agreement reached on remuneration
fees.
Article (12):

- Failure by the Consultant:

(12/A) : The consultant shall be considered in default if any of the

following cases occurred during the execution of this
contract:

1. Any unjustified delays occurred in the execution of the

work, duties and execution of the required services.
2. If he has submitted a work of a level does commensurate
with the practices and the norms of the profession of
engineering or negligence in the performance of his
functions.

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3. Failed to replace any of his employees contrary to the
instructions specified in article (6) of this contract.
4. If he has entrusted internally any part of the duties
entrusted to him without the consent of the employer.
5. If did not adhere to the submission of a work that meets the
basic requirements of the project.
6. If he became bankrupt, not financially solvent, or made a
discharge for the benefit of his creditors.
The employer shall, in any of the cases provided for in
paragraph (12 / A) above, have the right to terminate the
contract under the following procedures:

I : Direct of a preliminary warning to the consultant

and offering him a period of time of (21) days to
correct the violation.

II : In the case of non-correction of the violation by the

consultant, a second warning should be given and
offering him period of (14) days to correct the
violation

III : If the second warning period has passed without

correcting the situation or taking serious and
convincing actions to eliminate the reasons of the
violation, the employer may terminate the contract
and confiscate of the performance guarantee or part
of it to commensurate with the left-over work and
complete the services required by his own staff or
entrust to other consultants to carry out such
services.

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 The consultant shall get paid for what he has
completed of services up to the date of contract
completion and deduct thereof any differences in
remuneration fees and the cost incurred by the
employer for the remaining period within the stated
period in the remuneration fees and any extensions
issued prior to finalizing the contract by consent of
both parties. These differences shall be calculated by
the Committee mentioned in paragraph (12/B) of this
article.

IV : The employer shall have the right, in some special

and emergency cases set forth in paragraph (12/C) to
terminate the contract immediately and without
directing warnings, and the consultant shall get paid
according to what provided for in paragraph III above.

(12/B) : If the employer, during the execution of the works

covered by this contract or after its completion found
out that the consultant:

A. Did not discover significant defaults and errors, which

could have been discovered without performing design
calculation to the original designs and he agreed on the
execution of the works as set out in these designs with its
errors and/or

B. Issued instructions or made amendments to the designs,

specifications, schedules of quantities or any of the
Tender's documents that led or could lead to fundamental
changes thereof, which could cause a hazard to the
building or a significant unjustified increase in the cost

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 over that of the tender's value of execution, this would be
considered a default by the consultant and his staff, then
the employer shall address the Minister of Public Works
and Housing demonstrating the failure of the consultant
and requesting to form a technical committee to
determine his responsibility comprising of some
experienced and competent members as follows:
1. The Director General of the Government Tenders
Department or whoever representing him in writing –
Chairman of the Committee.
2. An engineer representing the Ministry of Public Works and
Housing.
3. An engineer representing the Jordanian Engineers
Association.
4. An engineer representing the engineering offices panel in
the Jordanian Engineers Association.
5. An engineer from the Audit Bureau.
This committee would examine all the dimensions of the problem and
make communication and coordination with the concerned authorities
and submits its recommendations to the Minister of Public Works and
housing stating the responsibility of the consultant. If the decision of the
committee was adopted, in a majority or unanimously, holding the
consultant responsible for the errors and defects, the Minister
accordingly shall issue a decision binding the consultant to correct the
failure and also holding him responsible for all the financial
consequences thereof.

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(12/C) : The special and emergency cases set forth in paragraph
(12 / A / IV) shall be specified in the following:

1.
2.
3.

(These items were left blank to be filled out by the employer, if needed
and according to the nature of the project).

Article (13):

- Termination of the contract by the employer:

The employer may, at any time, terminate the contract for reasons other
than those contained in article (12/A). In this case, he would notify the
consultant and giving him period of (30) days to suspend the work of the
contract and after suspention, the two parties may agree on the
calculation method to compensate for the actual costs and losses
incurred by consultant as a result of the contract termination.

Article (14):

- Termination of the contract by the Consultant:

A. If the employer did not issue the order of commencement

within (90) days from the date of signing the contract.
B. In the event that the employer did not comply with his
commitment to pay the consultant his installment after (60)
days from its due date.
C. If the employer bankrupted or suffered from an economic crisis
prevented him from continuing to execute the contract.

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Accordingly, the consultant shall request the employer to issue an order
of commencement or fulfill the due payment within ten days of the
expiration of the period specified in paragraph (A) or paragraph (B)
above. If the employer did not issue an order of commencement and
direct due payment to the consultant during the ten days or bankrupted
pursuant to paragraph (C) above, the consultant shall have the right to
terminate the contract and ask the employer for an adequate
compensation as a result of the breach of the contract by the employer
and the reactivation of this contract shall be subject to the consent of
the two parties.

Article (15):

- Responsibilities of the employer:

1. Provides the consultant with his due payments on the

dates specified under this contract.
2. Provides the consultant with the available information
and documents and three copies of the contract
documents of execution , but he is not obliged to
provide any drawings or documents entrusted to be
obtained by the consultant under the contract.
3. Nominates an engineer to represent him in the
coordination process with the consultant and assist the
consultant in obtaining the information mentioned
above.
4. Assists the consultant in obtaining the permits of entry
and permits of work of any of his employees whose their
contracts of employment require doing so.
5. Paying the remuneration of the site survey's consultant
fees (unless otherwise agreed under this contract).
6. The employer shall, through the contractor, provide
offices for the use of the resident supervising staff at

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 work site and these office should be furnished and
supplied with a computer set, printer, document copying
machine, water, electricity, sewerage and with air-
condition and heat system, if required, as well as the
required service, maintenance and operation thereof for
the duration of the work unless the tender's documents
otherwise state.
7. Handover of the project site with its full boundaries to
the consultant in a manner enabling him to start his
mission.

Article (16):

- Duration of work:

It is the actual period that the execution contractor would take to

complete the project and hand over the works including the
amendments approved by the employer in addition to the period
required to accomplish the deficiencies and deliver thereof according to
the report of the committee appointed to receive the works. Period will
be extended for each work or specialization specified in Appendix no.
(3/A) of the contract, according to the exigencies of the work in the
project and the consent of the employer.

Article (17)

– Remuneration fees:

A. The consultant's remuneration fees in the stage of supervision

shall be defined in accordance with Appendix no. (3), attached
to this contract and taking into consideration what has been
stipulated in the items (H, I) of article 22 in this regard.

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 B. If circumstances had occurred during the lifetime of this
contract and led to an amendment in the wages and/or costs of
the technical personnel identical to the staff required according
to this contract, the Minister of Public Works and Housing shall
form a technical committee to determine the proportion of the
amendment to the wages and the remuneration fees of the
technical staff, specified in Appendix no. (3/A), shall be amended
by a resolution from the Minister of Public Works and Housing.
Article (18):

- Training of the employer's personnel:

The employer shall have the right to select an appropriate number

of employees and send them to work with the consultant's staff
for training on the works of supervision according to a program
agreed upon between the two parties and the employer shall pay
their salaries and allowances.

Article (19)

- Settlement of Disputes between the Employer and Consultant:

Any dispute or disagreement arising from this contract shall be settled

by one of the following methods:

(19/1)

- Amicable settlement:

A. If a notice was issued by any of the two parties wishing to settle

the dispute amicably, the other party shall, within the period of
(14) days from the date of receipt of the notice, send a written
response to the sender of the notice in which he expresses his
acceptance for an amicable settlement or to reject thereof.

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B. The amicable settlement proceedings shall begin when the other
party agrees to accept the invitation to amicable settlement.
C. If the other party refused the amicable settlement, or if he did
not send any reply to the sender of the notice during the period
of (14) days set forth in item (A) of this paragraph, the request
for an amicable settlement shall be considered as if it does not
exist. In this case, both parties may start the arbitration
proceedings.
D. The amicable settlement could be handled by one conciliator or
more having an experience in the same field of work of this
contract and in accordance with what the two parties agreed
upon. In the case that the two parties did not come to an
agreement on the name of the conciliator(s), they may agree
that a person or an institution appoints the conciliator(s).
E. The conciliator may, in all stages of the amicable settlement,
request from any of the two parties to provide the necessary
information, facts, causes, records, documents, or any other
evidences, and the conciliator shall assist the two parties to
reach amicable settlement for their dispute in a manner of an
independent, impartial, and should be guided by the principles
of objectivity, honesty and justice.
F. The two parties and the conciliator shall maintain the
confidentiality with respect to the amicable settlement
procedures, including the settlement agreement, unless
publishing it is necessary for the purposes of implementation
and application.
G. If two parties reached an agreement to settle the dispute
amicably, they shall prepare and sign the agreement, and the
amicable settlement agreement shall become binding to both
them after signing it.

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 H. The procedures of the amicable settlement shall come to an end
upon signing of the agreement by the two parties, or passing
(30) days on the date of acceptance of the parties to the
proceedings of the amicable settlement without having a
consensus on the conciliator, or passing (60) days from the date
of the agreement on the conciliator, or the date of his
appointment without reaching a settlement agreement, or a
written notice issued by the conciliator, indicating that there
was nothing to justify the continuity in efforts of the amicable
settlement, a written notice issued by the two parties or either
one of them to the other and to the conciliator asking to end
the amicable settlement procedures. In all cases, the conciliator
shall submit a report containing all the facts and evidences on
the dispute subject during his work as a conciliator and hand it
over to the two parties along with the minutes of the sessions of
the conciliation.
I. The two parties may not, during the amicable settlement
procedures, to proceed to any arbitral or judicial proceedings.
(19/2)

- Arbitration

In the case of failure to reach an amicable settlement in

accordance with the provisions of Article (19/1) here-in-above,
then the arbitration shall be an option for the dispute settlement
in accordance with the Jordanian Arbitration Law in force.

Article (20):

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- Amendment of Legislations:

A. Any additional amounts due to the State Treasury and required

to be paid by the consultant as a result of the amendments of
legislations or imposing new fees or taxes after the date of
depositing tender offers, should be paid to him.
B. If any official reduction has been made on any of the duties and
taxes mentioned in paragraph (A) above after the date of
depositing tender offers, then the first party shall have the right
to deduct these reductions from the benefits of the consultant.
Article (21):

- Notarial notifications:

There is no need for the exchange of notarial notifications between the

two parties to exercise any of the contractual or legal rights, and any
registered letter sent from either party to the other's address stated
hereto shall be considered, in all cases, as a notarial notification.

Article (22):

- General provisions:

A. The consultant shall comply with the requirements of codes in

force at the commencement of work.
B. All the drawings, tender documents and information relating to
the project are property of the employer and the consultant is
not entitled to dispose any of them in any form without a
written consent of the employer to do so.
C. If any error or lack in the drawings or in the tender documents
during the stage of the actual execution stage of the project, the
consultant shall urgently notify the employer and the design
engineer via the employer, of the nature of such errors and
follow up with the designer in this regard.

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D. The consultant shall abide by the adoption of local materials and
industrial products provided for in the execution tender
documents.
E. The headings: -the Headings stated in this contract shall not
form an integral part of the contract, and they shall not be taken
into account when interpreting the provisions of the contract or
their content.
F. Singular and plural: - The singular could be referred to the plural
and vice versa in accordance with the (Presumption)
appropriate context.
G. Sales tax: The price offered shall include the General Sales Tax
and no separate item will be allocated for the tax.
H. The consultant shall, upon the submission of his offer, fully
comply with the minimum of the monthly salaries of the
engineers involved in this contract, which is determined by the
Jordanian Engineers Association in addition to expenses and
profits, and any consultant does not comply with this or set the
salaries of these engineers to less than that, his offer shall be
rejected.
I. The local consultant is requested to fill out the attached tables
(1, 2, 3, 4, 5) concerning to the volume of commitment,
institutional status, heads of specialization, analysis of the
monthly remuneration fees of the technical cadre and the office
support.
J. The conditions of qualification and technical evaluation of this
project shall be defined by the special conditions ( if requested )
K. The employer shall have right to verify by the manner he deems
appropriate, the authenticity and the accuracy of the
information and documents provided by the consultant.

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L. The consultant shall comply with instructions issued by the
Jordanian Engineers Association with respect to the structural,
architectural, electrical, mechanical works and otherwise.
M. The civil and legal responsibility of the designing and/or
supervising engineer shall be in accordance with what stated in
the articles (788), (789), (790) of the Jordanian Civil Law No (43),
for the year 1976 regardless to what is contained in this contract
in this regard.
N. The employer may replace the supervisors with new graduate
engineers in the different specializations of engineering in the
fields of specializations required.
O. The consultant shall study the preparation of the required
resident numbers and provide the employer with a list
containing the numbers needed along with the program of work
execution by the contractor. The staff members shall be
appointed according to the actual need by increasing or
decreasing it with the consent of the employer. The number of
the staff shall be reconsidered whenever needed by increasing
or decreasing it subject to the mutual approval of the two
parties and in the event that the project needs more resident
supervision staff and the employer has approved it, the
recruitment would be made and the remuneration fees shall be
paid pursuant to what has been specified in appendix no. (3/A)
hereto.
P. Other Payments:

1. The consultant declared in appendix no. (4) attached

hereto of the "Other payments" that he has paid or
agreed to pay to "Others" and the consultant shall
present a detailed description of these other payments
and the reasons of such payment whether paid of

27
 intended to be paid directly or indirectly by him, on his
behalf, by sub-consultants or on their behalf or any of
their staff, agents or representatives in connection with
the Invitation to submit the offers for the execution of this
Contract, the Bidding/Auctioning process itself, the award
to the consultant, the negotiations to sign the Contract or
for its actual execution. The consultant also undertakes to
promptly give the first party a written permit in case if
there are other payments for example but not limited to,
a detailed description explaining the reasons of these
other payments on the date of payment or on the date of
his commitment to pay such payments whichever earlier.
2. In case of any violation or breach of the provisions of
paragraph (P/1) of this article, the first party at his own
option and discretion may take all or any of the following
actions:
A. Terminate this contract taking into consideration the
provisions of article (12/A) of this Contract.
B. Deduct from the moneys due to the consultant under this
contract, an amount equals to (two times) the amount of
the prohibited payments.
C. The consultant shall be demanded to pay promptly to the
first party an amount equal to (two times) the amount of the
other payments and the Consultant declares in accordance
with this Clause that he irrevocably agrees to promptly
respond to such claim taking into consideration paragraph
(P/4) below, the two parties declare that the total amounts
to which the First Party is entitled to receive under this
paragraph (P/2), shall not exceed (two times) the sum of all
other payments.

28
 3. The consultant agrees that he ensures all agreements he
makes with the sub-consultants or suppliers relating to
this contract and such contracts shall contain articles
similar to those provided for in paragraphs (P/1) and (P/2)
hereinabove, (provided that these article not to be less
intensity than the two articles referred to) and on
condition that these provisions shall clearly indicate to the
right of the first party in the application of the provisions
of these articles directly against any of those sub-
consultants or suppliers. The consultant further
undertakes to promptly provide the first party with true
and complete copies of such agreements directly upon
signing such agreements and to present what approves
that such agreements are included such articles.
4. No one may allege that the text of the here-in-above
mentioned article legalizes any of the other payments if
such payments are prohibited by the applicable laws and
regulations, and the rights of the first party stated under
the article hereinabove are in addition to any other rights
may be the duties of first party toward the consultant or
any other party under the applicable laws and regulations
in the Kingdom.
5. The text of the abovementioned article and all its
paragraphs shall be valid and operable even after the
termination of this contract.
Q. Prohibited payments:
1. The consultant fully declared and undertaken to the first
party in appendix no. (5) that he did not pay or promised to
pay any of the Prohibited Payments directly or indirectly
regardless whether paid by the Consultant or on his behalf
or by his sub-consultants or on their behalf or any of their

29
 staff, agents or representatives to the First Party, this
includes without limitation any "Employee" regardless
whether he is acting in an official capacity or not, in
connection with the Invitation to submit the offers for the
execution of this Contract, the Bidding/Auctioning process
itself, the award to the Contractor, the negotiations to sign
the Contract or for its actual execution. The consultant also
undertakes not to give or promise to give such prohibited
payments directly or indirectly whether made by the
contractor or his sub-consultants or their staff, agents or
representatives to any "Employee" in connection with the
amendment, renewal, extension or execution of this
contract.
2. In case of any violation or breach of the provisions of
paragraph (Q/1) the first party at his own option and
discretion may take all or any of the following actions:
A. Terminate this contract taking into consideration the
provisions of article (12/A) of this Contract.
B. Deduct, from the moneys due to the consultant under this
contract, an amount equals to (two times) the amount of
the prohibited payments.
C. The consultant shall be demanded to pay promptly to the
first party an amount equal to (two times) the amount of
the prohibited payments and the Consultant declares in
accordance with this Clause that he irrevocably agrees to
promptly respond to such claim. Taking into consideration
paragraph (Q/4) below, the two parties declare that the
total amounts to which the First Party is entitled to receive
under this paragraph (Q/2), shall not exceed (two times) the
sum amount of the prohibited payments.

30
 3. The consultant agrees that he ensures all agreements he
makes with the sub-consultants or suppliers relating to this
contract and such contracts shall contain articles similar to
those provided for in paragraphs (Q/1) and (Q/2)
hereinabove, (provided that these article not to be less
intensity than the two article referred to) and on condition
that these provisions shall clearly indicate to the right of the
first party in the application of the provisions of these
articles directly against any of those sub-consultants or
suppliers. The consultant further agrees to promptly
provide the first party with true and complete copies of
such agreements directly upon signing such agreements.
4. No one may allege that the text of the here-in-above
mentioned article legalizes any of the prohibited payments
if such payment are prohibited by the applicable laws and
regulations, and the rights of the first party stated under
the article hereinabove are in addition to any other rights
may be the duties of first party toward the consultant or
any other party under the applicable laws and regulations in
the Kingdom.
5. The text of the abovementioned article and all its
paragraphs shall be valid and operable even after the
termination of this contract.
Article (23):

- Discharge Statement:
Upon the submission of the final payment, the consultant shall give
the employer a Discharge Statement proves that the statement of
the final payment is considered as a full and final settlement of all
amounts due under the contract. The discharge statement is
required not to take effect only after receipt of the amounts
payable to him under this installment.

31
Article (24)

- Notifications:

All notifications and correspondence issued by the employer to the

consultant and those of the consultant sent to the employer shall
be executed in accordance with the provisions of the contract,
either by registered mail, deposited in the main office of each
party, or to be sent to any other address designated by each party
for this purpose. The addresses should be written down as follows:

Employer's
address: ..............................................................................................
...............

............................................................................................................
.

Consultant’s
address: ..............................................................................................
...............

............................................................................................................
.

32
 Appendix no (1)

The Consultant Duties in the Stage of Supervision

1. Staff of Supervision:
The consultant shall provide a technical staff to supervise the
project works in accordance with the qualifications and conditions
contained in appendix no (3/A). This appendix specifies the
cadres, numbers, years of experiences required for the permanent
resident staff, supporting staff and the non-residents as well as
the head office support.

2. Transportation:
The consultant shall provide the transportation means required
for the resident, non-resident staff and the office personnel and
he shall incur all costs, fees, custom fees, permits, insurance,
drivers, fuel and maintenance thereof unless the tender's
document stated otherwise.

3. The Head Office Support:

The main office shall be responsible for administrating the
supervision staff and is entitled to practice the duties of the
(Engineer) stipulated in the Unified Contract Agreement Book for
the Construction projects and in this contract. It is entitled also to
send the required number of engineers from the head office, who
are specialized in the work currently being carried out, to visit the
project during the execution period, whenever needed, or at least
every two weeks to check on the progress of work and make sure
that the work is in conformity with the terms and conditions and
carried out according to the highest levels of professional
practices. The consultant shall attach a report on these visits
within the monthly reports

33
4. Reviewing the drawings and the tender's document submitted by
the designer to the employer and to express an opinion with
respect to comprehensiveness and the practicability of same prior
to and during the execution process. If some errors and shortage
were found, he shall inform the employer in writing in order to
rectify such deficiencies and errors.
5. Supervising the execution of the project according to the
engineering and technical requirements, according to the Unified
Contract Agreement for construction projects and pursuant to the
directions of the employer and in cooperation with the designer
through the employer before making any major amendments to
the designs and reject any works contravene the tender's
document of execution.
6. Review the execution drawings submitted by the contractor and
approved thereof and command the contractor to complete the
detailed drawings necessary to execute the works.
7. Checking the accuracy of the dimensions of the site.
8. Supervising the lab tests needed for the gravel, Asphalt, Concrete
and any other materials and ascertain their conformity with the
relevant specifications in order to maintain the standard of works
and inform the contractor of any defects need to be handled, as
well as to confirm the accuracy of the tests of the site survey in
accordance with Article (10) of this contract.
9. The consultant shall discuss matters relating to work with the
employer during the course of action and keep him aware of the
progress of the work.
10.Study the technical suggestions submitted by the contractor and
provide the employer with the technical advice and the
appropriate recommendations in respect to the materials and
samples stated in the specifications and bill of quantities.

34
11.Supervision and scrutiny of the procedures of measurement of the
completed works in coordination with the employer and
recommend to accept or reject any part of the accomplished
works.
12.Check the periodic and final statements of payment of the
contractor and ratification of same for payment after ensure their
conformity with the technical specifications and contractual
terms.

13.Discuss and negotiate with the contractor the prices of the new
works that may arise during the execution and which are not
included in the tender as well as study and analysis same, as
required, in accordance with Chapter no (13) of the Unified
Contract Agreement Book for the construction projects.
14.Study and preparation of the variation orders and make the
required and necessary amendments to the original drawings and
documents to suit the nature of the new work in accordance with
Chapter (13) of the Unified Contract Agreement Book for the
construction projects and in coordination with the employer.
15.Provide a technical opinion on any disagreement that may occur
between the employer and the contractor and give advice to the
employer to demonstrate the correct position and to enable him
to follow up the subject. If these services provided after the
expiration of the work, an agreement between the two parties
should be made on the fees that may ensue thereof, including
allowances for the visits paid in excess of what is contained in
paragraph (18) of this appendix.
16.Make a report of the deficiencies of work performed and the
recommendation in terms of acceptance or rejection of any part
of the work performed.

35
17.Checking the final designs of the project (As Built Drawings) that
were prepared by the contractor and to be submitted to the
employer.
18.Inspect the works before the expiration of the notice to repair
defects without the need for extension of the Performance
Guarantee and to inform the contractor of the works that may
need to be repaired, then to prepare the certificate of
performance after the completion of repairs, as well as to oversee
any works required by the projects during the period of the notice
to repair the defects of any kind or nature free of charge and shall
not take more than three visits.
19.Maintain records of the daily and periodic reports indicating the
status of the weather, staff members of the contractor,
equipments, quantities of materials supplied to the site,
laboratory tests and any other works and to furnishes five copies
of periodic reports and the reports of the meetings in order to be
submitted to the employer.
20.Prepare and submit (3) copies of the monthly reports include the
following:
- Photographs entrusted to be taken by the contractor.
- A brief report on the weather conditions to serve the purposes
of the project
- The accomplished works up to date in details in terms of
percentages and values.
- To comment on the progress of work and compare what is
actually happening with that the approved program of work.
- The variation orders issued up to date.
- The problems, deficiencies, constraints and the means of repair.
- A list of equipments used and materials prepared.
- Number of skilled and ordinary workers and their work
schedule.

36
 - Payments received by the contractor up to date.
- A list of laboratory examinations, comment on thereof and the
actions taken in terms of the materials contrary to the
specifications.
- Number of the working engineers and technicians (Residents).
21.Participate in any committees relating to the supervision of the
project.
Remark:

1. If the working conditions required special requirements that are not

stipulated in the duties, the employer shall determine these requirements
as well as the duties of the consultant.

37
 Appendix of the contract no (2)
Form of good performance guarantee
To Messrs: ………………...…………………………………

We are pleased to inform you that our bank…… has agreed to give a
Financial Guarantee to the consultant: …………………
In respect of Tender no. .………………………………………..............

Related to the supervision of ……..……………………...…………..…

In An amount of: (……………. ) Jordanian Dinars

As a security for a good performance to ensure that the consultant

provides the engineering services for the supervision in accordance
with the conditions of the contract for the above tender.
We undertake to pay you right after receiving your first demand the
said amount without warning or reservation, or any other condition
and regardless to any objection from the consultant side.
This guarantee shall remain valid from the date of its issuance and for
three months from the date of expiration of the contract,
which is initially to be on the.......................... Day of the month
of ......................... of the year of...................................unless
extended or renewed upon the employer’s request.

Guarantor's signature / Bank: -------------------------------------------------

The Authorized to sign: ---------------------------------------------------------

In the presence & witness of: ---------------------------------------------------

Date: --------------------------------------------------------------------

38
 Appendix of the contract no. (3)

Remuneration fees of the Consultant during the Stage of Supervision

1. Remuneration fees of the resident supervising staff:

Comprehensive Monthly Fees, Basic Salaries, Leaves,
Compensations, Social Security taxes, transportation Fees,
Administrative Fees, Profits and unforeseen expenses.

The consultant shall commit himself to provide an alternative

for any of the supervising staff who are on leave for more than
(3) days and in the event of not doing so, the wages of the
supervising personnel who are on leave shall be deducted as
defined in appendix no (3/A).

2. All payments shall be paid by the employer within (30) days

from the date of submission of the statements of payments.
3. Reduction of the supervising staff number and remuneration
fees for each site or the head office shall not be done unless a
mutual agreement between the employer and the consultant is
reached, and in the light of the actual achievement and progress
of work on various projects. If the two parties couldn't reach an
agreement, the consultant shall retain the technical staff as set
out in the contract until resolve the dispute.
4. Payment method:
A. Remuneration fees of the head office shall be paid as a
monthly lump sum for the entire duration of the work and
the value of the allowance for the office support shall be
fixed for the entire period contained in appendix No (3 / A).
After the expiration of the period of office support
specified in the same appendix, the value of the monthly
office support would be reduced due to the reduction of
staff members, according to the following:

39
 Total value of office support

Proportion of office support = ------------------------------------------------------------ X 100%

Tender's value without provisional sum & sales tax

Reduction of proportion of the monthly office support =

proportion of office support X the monthly salaries of the fired
cadre.

The consultant shall carry out any works relating to the project
he is supervising after the receipt of works and until the
expiration of the notice period to repair the defects, which
shall not exceeds three visits * without having the right to
claim any costs for that. The costs of such works are included in
the prices of the engineering services tender for supervision.

B. The remuneration fees for the resident staff which was

agreed on to stay shall be paid according to the schedule
contained in appendix no (3/A) and such allowance shall
stay fixed for the whole time of the project.

* An explanation was added to the paragraph no. 15 of appendix to contract no. 1

40
 Appendix no (3/A)

Remuneration fees of the Consultant during the Stage of Supervision

NO. DISCRIPTION, EXPERIENCE & CADRES NUMBER DURATION MONTHLY TOTAL

IN MONTH REMUNERATION IN JDS.
FEES IN JD.

FIG. AND
WORDS FIG.
AND
WORDS

1 Project Manager: with experience

2 Resident Eng.: with experience

3 Site engineer: with experience

4 Specialization Eng.: with experience

5 Quantity surveyor: with experience

6 Surveyor: with experience

7 Technician : with experience

8 Administrative: with experience

9 Head office support

The total transferred to page ( )

The total value of tender for supervision including

the Sales Tax

In
words: ....................................................................
............

Remark:

1. The employer may add technical and administrative

personnel other than those above or print out another

41
 similar table covering all specializations required for the
project.
2. The monthly remuneration fees should be written down in
JD. In figures and words.

THE CONSULTANT
NAME: ..................................................................................................................................................................

THE AUTHORIZED TO SIGN: ..............................................POSITION: .......................................................................................

ADDRESS: ....................................................................................................................................................................................

TELEPHONE: .................................................FAX: ...................................P.O.BOX: .................................................................

CONSULTANT'S SEAL AND SINGATURE: ........................................................

42
 Appendix no (3/B)

Abstract of the remuneration fees of the Consultant during the Stage

of Supervision

NO. DISCRIPTION TRANSFERRED TOTAL VALUE

FROM PAGE

DINAR FILS IN WORDS

1 The cost of supervision including Sales Tax

2 A provisional sum to cover the supervision of the

execution of the environmental and heritage studies
of the project. This amount shall be spent by the
knowledge and approval of the Employer and with
coordination with the supervising consultant to pay
out the salaries of the personnel specialized in the
environment and heritage and those who will be
appointed during the stage of supervision.

3 A provisional sum ( As needed)

4 The total value of the tender including the provisional

sum and the Sales Tax.

The total in Fig: ........................................................

..............................................................................JD.

The Consultant name: .........................................................................................

The Authorized to sign: ...................................................position: ...............................................................................

Address: ..........................................................................................................................................................................

43
Telephone: ............................................................. Fax: ...................................................P.BOX: ..............................

Consultant Seal & Signature: .......................................................................................................................................

Remark:

1. The total value would be written down in Fig. and words.

2. In the case that there is no need for supervision for the
environmental and heritage studies for some project, this
item shall be cancelled.
3. If there is a need for provisional sums, it must be filled in
this schedule by the employer.

44
 Declaration for Other Payments
I, the undersigned and fixing my seal below -----------------------------------
We, the undersigned and fixing our seals below -------------------------------

-------------------------------------------------------------------------------------------------------

We declare that we are aware of the provisions under article (22-P) of the General
provisions of the Contract Agreement of the Engineering Services (T2) and in
compliance with this article; we enclose a properly signed declaration disclosing all
direct or indirect commissions, consulting fees, agent fees or others and anything of
a financial value paid or agreed to be paid to “others” we also attach a detailed
description of this Other Payments and to whom they were paid to and the basis
thereof whether made or to be made directly or indirectly by us or on our behalf or
by our Sub-Consultants or on their behalf or by their staff, agents or representatives
in connection with the Invitation to submit offers for the execution of this Contract
or the Bidding / Auctioning itself or the award to the Consultant or the negotiations
to sign the Contract or for its actual execution.

We also undertake to promptly present a written declaration to the First Party of the
existence of any Other Payments including, for example, a detailed description of the
reason thereof, on the date of paying or forced to pay, whichever occurs first. We
also agree that the First Party to take the procedures mentioned under the
aforementioned article at the event of any violation or breach by us of the provisions
of article (1) thereof, and we abide ourselves to all what provided for in this article.

Accordingly, we sign on: ---------------------------------------------------------

Consultant’s name: -----------------------------------------------------------------
Name of authorized person to sign ---------------------------------------------
Signature of authorized person to sign ---------------------------------------
Seal-----------------------------------------------------------------------------------

 The Consultant shall submit the Declaration for Other Payments. In the event that he
did not pay any commissions, fees or any of the matters stated in article (22-P) he
shall mention so in the submitted Declaration. Any one does not submit such

45
 Declaration, his offer will be rejected. Consultant shall put the declaration in a
separate sealed envelop.
Appendix of contract no (5)

Declaration for Prohibited Payments

I, the undersigned and fixing my seal below

---------------------------------------------------------------
We, the undersigned and fixing our seals below
----------------------------------------------------------

------------------------------------------------------------------------------------------------
------------------------------

We declare that are aware of the provisions under article (22-Q) of the
General provisions of the Contract Agreement of the Engineering
Services (T2) and in compliance with this article; we enclose a properly
signed declaration disclosing that we did not pay any direct or indirect
commissions, consulting fees, agent fees or others and anything of a
financial value or give promises or pledges to pay or offer such things
whether directly or in directly regardless whether this was made by us or
on our behalf or by our Sub-Consultants or on their behalf or by their
staff, agents or representatives to the First Party including without
limitation any "employee" whether or not acting in an official capacity, in
connection with the Invitation to submit offers for the execution of this
Contract or the Bidding / Auctioning itself or the award to the Consultant
or the negotiations to sign the contract or for its actual execution.

We also undertake not to pay or promise to pay such payments whether

directly or indirectly regardless whether this was made by us or on our
behalf or by our Sub-Consultants or on their behalf or by their staff,
agents or representatives to any "employee" in connection with the
amendment, renewal, extension or execution of this Contract.

46
Accordingly, we sign on: ---------------------------------------------------------
Consultant’s name: -----------------------------------------------------------------
Name of authorized person to sign ---------------------------------------------
Signature of authorized person to sign ---------------------------------------
Seal -----------------------------------------------------------------------------------

* The Consultant shall submit the Declaration for Prohibited Payments. In the event
that he did not pay any commissions, fees or any of the matters stated in article (22-Q)
he shall mention so in the submitted Declaration. Any one do not submit such
Declaration, his offer will be rejected. Consultant shall put the declaration in a
separate sealed envelope.

47