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W'R!!HD!) rl8**Avl
Ref: 6[L1h)/GM (P&CA/NHA /2olo I l2-7O
To
A11 Shortlisted firms (As mentioned below)
Subject: DET/ULED DESIGN FOR ROAD SECTION LOWER TCIPA TOKOHALLA BRIDGE I3sHMSI.
This is to inform you that your lirm has been short-listed for thesubject consultancy services.
2. You are therefore requested to download the Request for Proposal(RFP in PDF format) from the NHA website i.e. www.nba.gov.pk.
3. As per RFP, the proposal submission deadline is 21't December2O1O. The Pre-Proposal conference shall be held on 11s December 2O1O at11OO hours in the oflice of GM(P&CA), A11 the shortlisted firms are requestedto ensure presence of their technical representative in the meeting.
(rJAz AHMED)Deputy Director (P&CA)
Dlstrlbutlon to Flrms:
M/s A.A. AssociatesM/s NESPAK (Rrt.) Ltd.M/s Techno Consult International.M/s Asif A1i Associates + M/s Turkpak + M/s Noor Durrani +M/ s Jahangir AkhtarAssociates.M/s ILF Associates + M/s The EngineersM/s ACC (R/t.) Ltd.M/s SAMPAK International
Coov for klnd lnformatlon:
- Member (Planning)- GM(P&CA)
BY FAI(
NATIONAL HIGHWAY AUTHORITYProcurement & Contract Administration Section
28 Mauue Area, G-9/1, Islamabad I 051-9032732, E 051-9260419
4ur December20l0
1.
11.
111
- ;
v11,
I 6 (T't.+)
National Highway Authority
RTQUEST FOR PROPOSAL
F'OR
DETAILED DESIGN FOR SECTIONLOWER TOPA TO KOI{ALLABRIDGE (33 KMS) OF ISLAMABAD-MUZAFFARABAD
November,2010
tnifiia'r d$*Arl
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Table of Contents
LETTER OF IN\TTATION (LOD t
DATA SHEET
TECHNICAL PROPOSAL FORMS
10
l6
APPENDIX 8.....
MAN.MONTHAPPENDIX C
CLIENT'S REQUIREMENTS FROM Trrf CONSULTAUTS.......................................56
APPENDIX D
PERSONNEL, EQI]IPMENT, FACILITIES A}iD OTHERS SERVICES OF TO BEpRoyIDED BY THE CLmNT... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57
"-".".....'..58
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To,
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APPENDIXO)
GOVERNMENT OF PAKISTANNATIONAL HIGHWAY AUTHORITY
27-Mauve Area. G-9/1.Post Box No. 1205,
ISLAMABAI)Dated theRef No.
LETTER OF INVITATION (LOD
All short listed consultants
Gentlemen!
We extend warm welcome to you and invite you for participating in thisproject. We hopo that you will live up to your reputation and provide us accurate information sothat the evaluation is carried out 'Just and transparenf'. Please understand that the contents ofthis RFP, where applicable, shall be deemed part of the contract agreement. An example to thisaffect can be the oontents ofyour work plan and methodology which you shall be submifting inyour technical proposal. Since that is the basis of the selection, therefore, it shall become part ofthe conhact agreement subject to approvaVrevisions of the same by NIIA during thenegotiations. Similarly, all other services and the content contributing to services shall bedeemed part of the conhact agreement unless it is specified for any particular item up-front inyour technioal proposal which obviously will make your proposal a conditional proposalwhereby, authorizing NIIA to may or may not oonsider to evaluate your proposal. Pleaseunderstand that if no such mention appears up-front (i.e. on flont page of technical proposal)then it shall be deemed that the consultant is in 100% agreement to the above. You are alsoadvised to kindly read the RFP thoroughly as it oan drastically affeot the price structure forvarious services which may not be appearing direotly in the terms of reference. In the end weappreoiate your participation and hope that you will feed a good proposal to merit considerationbyNIIA.
1. INTRODUCTION
1.1 You are hereby invited to submit a teohnical and a finanoial proposal for oonsultingservices required for the assignment named in the attached LOI Data Sheet (referred to as"Data Sheet" hereafter) amexed with this letter. Your proposal could form the basis forfuture negotiations and ultimately a Contract between your firm and the Client named inthe Data Sheet.
1.2 A brief description of the assignment and its objectives are given in the Data Sheet.Details are provided in the attached RFP for design servioes provided in the Documents,and will become part ofagreement subsequently.
1.3 The assignment shall be implemented in accordance with the phasing specified in theData Sheet.
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The Client has been entrusted the duty to implement the Project as Exeouting Agency byGovemment ofPakistan (GoP) and funds for the project shall be arranged by the Client.
To obtain first-hand information on tho assignment and on the local conditions, you areencouraged to pay a visit to the Client before submitting a proposal and attend a pro'proposal conference if specified in the Data Sheet. Your representative shall meet thenamed officials on the date and time specified in the Data Sheet. Please ensure that thessofficials aro advised of the visit in advance to allow adequate time for them to makoappropriate arrangements. You must fully inform yourself of local conditions and takethem into aooount in preparing your proposal.
Please note that:
The oost of preparing the proposal and of negotiating the Contrac! including a visit tothe Client, are not reimbursable as a direct cost ofthe assignment, and
i. The Client is not bound to accept any ofthe proposals submitted.
ii. The Consultant may please note not to suggest names of key staff already proposodin other proposals with the Client or awarded reoently. This will affect adverselymarking of these professionals in evaluation of the technical proposal. Theirsecured points are liable to be reduced by 50% iftheir name appears in more thanI previous proposal in which they are ranked No.1. Also the existing load ofworkwith a firm shall be oonsidered as one ofthe factors for the consideration in theaward of the work,
iii. Form A3 is meant for comments on provision contained in RFP and Terms ofReference(TOR) and unless the observations are noted in this particular forms,any thing written elsewhere on this account including financial implications, ifany, shall be considerod ofno consequenoe in the evaluation prooess.
iv. The Client shall provide the inputs for this assignment as given in the Data Sheet.
We wish to remind you that in order to avoid oonflicts of interest:
a. Any firm providing goods, works, or services with which you are affrliated orassociated is not eligible to participate in bidding for any goods, works, or services(other than the services and any continuation thereof) resulting from or associatedwith the project of which this assignment foms a part; and
b. Any previous or ongoing participation in relation with the projeot by your firm, itsprofessional staff, its afflhates or assooiates under a Contract may result in rejectionofyour proposal. You should clarifu your situation in that respect with the Clientbefore preparing the proposal.
c. The final person-months of each expert is subject to adjustment at the stage ofcontract negotiation in line with demonstrated approaches methodology and needbases.
The names ofthe invited consultants aro siven in the Data Sheet.
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DOCUMENTS
To prepare a proposal, please use the Doouments specified in the Data Sheet.
Consultants requiring a clarification ofthe Documents must notiff the Client, in writing,not later than five (05) days beforo the proposal submission date. Any request forclarification in writing, or by cable, telex or tele-fax shall be sent to the Client's addressspecified in the Data Sheet. The Client shall respond by cable, telex or telefax to suchrequests and copies of the response shall be sent to all invited Consultants.
At any time bsfore the submission of proposals, the Client may, for any reason, whetherat its own initiative or in response to a clarification requested by an invited consultingfirm, modift the Documents by amendment. The amendment shall be sent in writing orby cable, telex or telefax to all invited consulting firms and will be binding on them. TheClient may at its discretion extend the deadlines for the submission ofproposals.
3. PREPARATIONOFPROPOSALIt will consist oftwo parts - Technical and Financial
3.1 Technical Proposal
3 . L I The Teohnical Proposal should be submitted using the format specified and shall includeduly signed and stamped forms appended with the RFP. This is a mandalory requirementfor evaluation ofproposals and needs to be filled up ca.refully.
3.I.2 For Teohnical Proposal, the general approach and methodology which you propose forcarrying out the services covered in the TOR, inoluding such detailed informationas you deem relevant, together with your appreciation of the Project from provideddetails and
a. A detailed overall work program to be provided with timing of the assignment ofeach expert or other staff member assigled to the projeot, This will also providothe Client an opportunity to effectively monitor work progress.
b. Your estimate ofthe total number ofman-months and project duration required.
c. Clear description of the responsibilities of each expert staff member within thooverall work program.
d. The Curriculum Vitae (CV) of all Key Staff members and an affidavit thatproposed staff shall be available for the assignment during the project durationand their present place ofduty may also be specified. The Consultants are advisedto suggest such names that shall bs available for the Assignment.
o. The technical proposal shall include duly filled in forms provided with this RFP.The name, baokground and professional experience of each expert staff memberto be assigned to the projec{ with particular referenoe to his experienco of workof a nature similar to that of the proposed assignment,
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Cunent commitmonts and past performance are the basic criteria of teohnicalproposal. You are required to provide the details of present commitrnents/on-goingjobs as refened in the form .A9 of technical proposal. Further, the basis forthe past performance is the report from Design Section and Construotion Wing ofthe Client.
3.1.3 In preparing the technical proposal you are expected to examine all terms andinstructions inoluded in the Documents. Failure to provide all requested informationshall be at yotu own risk and may result adversely in the scoring of your proposal. Theproposal should be prepared as per RFP and any suggestion or review of staff etc. shouldbe cloarly spelt out in form .4.3. This will be discussed at the time of negotiation meetingas and when called.
3.1,4 During preparation of the technical proposal, you must give particular attention to thefollowine:
a. The Firm needs to be registered with Pakistan Engineering Council (PEC).
Ifyou consider that your firm does not have all the expertise for the assignment youmay obtain a full range of experience by associating with other firms or entities.You may also utilize the services of expatriate experts but only to the extent forwhich the requisite expertise is not available in any Pakistani firm. You may notassociate with the other firms invited for this assignment unless specifled in the DataSheet. In case of Joint Venture, the proposal should state clearly partners will be"Jointly and Severally" responsible for performance under the Contract and oneparher will be "solely" responsible for all dealings with the Client on behalf oftheJoint Venture. His "Special Power ofAtlorney on this account is to be enclosed. JVwill be got registered by PEC. Lead parher shall retain full and undividedresponsibility for the performance of obligations and satisfactory completion of theconsultancy services works. A copy ofjoint venture agreement to be provided at thetime of finalizing the contract documents with specific responsibilities andassignments to be looked after by each partner.
Subcontracting part of the assignment to the other Consultants is not discouragedand Specialist Sub-Consultants may be included. This shall be a plus point in theevaluation process.
The key professional staffproposed shall be permanent employees ofthe firm unlessotherwise specified in the Data Sheet. The minimum stay with the firm for suchpersons is Six months please, No altemative to key professional staff may beproposed and only ono CV may be submitted for each position. The minimumrequired experionoe ofproposed Key Staff is specified in the Data Sheet.
The training shall be imparted during the cunency ofthe contract if specified in theData Sheet.
The technical proposal shall not include any financial information. The Consultant'scomments, if any, on the data, services and facilities to be provided by the Client andspecified in the TOR shall be included in the technical proposal.
Financial Proposal
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3.2.1 The financial proposal should be submitted using the format specified and enclosed withthis RFP. This is a mandatory requirement for evaluation of proposals and needs to befilled up carefully. The total cost is to be specified in the Form A-15.
3,2.2 The financial proposal should list the costs assooiated with the Assignment. Thesenormally cover remuneration for staff in the field and at headquarters, per diem, housing,tansportation for mobilization and demobilization, services and equipment (vehioles,oflice equipment fumiture and supplies), printing of documents, surveys andinvestigations. These oosts should be broken into foreign (if applicable) and local costs.Your financial proposal should be prepared using the formats attached as forms A10 toA t5 .
3.2.3 Tlt,e financial proposal shall also take into agoount the professional liability as providedunder the relevant PEC Bye-Laws and cost of insurances specified in tho Data Sheet.
3.2.4 Costs may be expressed in cunency (s) listed in the Data Sheet.
3.2.5 The evaluation oommittee will conect any computational enors. When conectingcomputational errors, in case of discrepanoy between a partial amount and the totalamount, or between word and figues the formers will prevail. In addition to the aboveconections, aotivities and items described in the Technical Proposals but not priced, inthe Finanoial Proposals shall be assumed to be included in the prices of other activities oritems. In oase an activity or item is quantified in the Financial Proposal differently fromthe Technical Proposal, the evaluation committee shall corroot the quantificationspecified in the Financial Proposal so as to make it consistent with that specified in theTechnical Proposal.
ST]BMISSTON OF PROPOSALS
You shall submit one original teohnical proposal and one original financial proposal andthe number of copies of each specified in the Data Sheet. Each proposal shall be in asepamte envelope indicating original or copy, as appropriate. All technical proposalsshall be placed in an envelopo olearly marked "Technical Proposal" and the fmancialproposals in tJre one marked "Financial Proposal", These two envelops, in tum, shall besealed in an outer envelop bearing the address and information specified in the DataSheet. The envelope shall be olearly marked, "DO NOT OPEN, EXCEPT INPRESENCE OF TFIE EVALUATION COMMITTEE."
In the event of any discrepancy between the copies of the proposal, the original shallgovem. The original and eaoh copy of the technical and financial proposals shall beprepared in indelible ink and shall be signed by the authorized Consultant'srepresentative. The representative's authorization shall be oonfrmed by a written powerof attomey accompanying the proposals. All pages of the technical and financialproposals shall be initialed by the person or persons sigrring the proposal.
The proposal shall contain no interlineations or overwriting exoept as necessary to conectorrors made by the Consultants themselves. Any such oorrections shall be initialed by theperson or persons signing the proposal.
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5.1
The oompleted technical and financial proposals shall be delivered on or before the time,date, and the loeation specifred in the Data Sheet.
The proposals shall be valid for the number of days stated in the Data Sheet ftom the dateof its submission. During this period, you shall keep available the professional staffproposed for the assignment. The Client shall make its best effort to completenegotiations at the location stated in the Data Sheet within this period.
PROPOSAI, EVAIUATION
A Single-Stage-Two-Envelope prooedures shall be adopted in ranking of the proposals.The technical evaluation shall be canied out first, followed by the finanoial ovaluation.The Consultants shall be ranked using a combined technicaVfinancial score.
Technical Proposal
5.2.1 The evaluation committee appointed by the Client shall carry out its evaluation for all theprojects as listed in Para 1.1, app$ing the evaluation criteria and point system speoifiedin the Data Sheet. Each rosponsive proposal shall be given a technical score: St. TheConsultants scoring less than seventy (70) percent points shall bo rejected and theirfinancial proposals retumed un-opened.
5.3 Financial Proposal
5.3.1 The frnancial proposals of the qualiSing Consultants on the basis of evaluation oftechnical proposals shall be opened in the presence of tho representatives of theseConsultants. who shall be invited for the occasion and who oare to attend. The Clientshall inform the date, time and address for opening of financial proposals as specified inthe Data Sheet. The total cost and major components of each proposai shall be publiclyannounoed to tle attending representatives ofthe firms.
5.3"2 The evaluation committee shall determine whether the financial proposals are completeand without computational errors. The lowest financial proposal (Fm) among all shall begiven a furancial score: Sfof 1000 points. The financial soores of the proposals shall becomputed as follows:
Sf= (1000 x Fm)/F
(F : amount of specific finanoial proposal)
5.3.3 Proposals, in the Quality Cum Cost Based Selection (QCBS) shall finally be rankedaccording to their combined techlioal (St) and financial (S1) scores using the weights (T-the weight given to the technical proposal, P = the weight given to the financial proposal,and T+P=l) stated in the Data Sheet:
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6. TIEGOTIATION
S=StxT%+S. fxP%
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6.5
Prior to the expiration of proposal validity, the Client shall notify the successfulConsultant who submitted the highest ranking proposal in writing by registerod letter,oable telex or facsimile and invite it to negotiate the Contract.
Negotiations normally take from two to five days. The aim is to reach agreement on allpoints and initial a draft contract by the oonclusion ofnegotiations.
Negotiations shall commence with a disoussion ofyour technical proposal. The proposedmethodology, work plan, staffing and any suggestions you may have made to improvethe TOR. Agreement shall then bo reached on the final TOR, the staffing, and the barcharts, which shall indicate activities, stafl periods in the field and in the home office,staff months, logistics and reporting.
Changes agreed upon shall then be reflected in the financial proposal, using proposed unitrates (no negotiation of tho staffmonth rates).
Having selected Consultants on the basis o{ among other things, an evaluation ofproposed key professional staff, the Client expects to negotiate a contract on the basis ofthe staff named in the proposal. Prior to contract negotiations, the Client shall requireassurances that the staffmembers will be actually available. The Client shall not considersubstitutions of key staff except in cases of un-expected delays in the starting date orincapacity of key professional staff for reasons of health.
The negotiations shall be concluded with a review ofthe draft form of the contract. TheClient and the Consultants shall finalize the contract to oonclude negotiations. Ifnegotiations fail, the Client shall invite the Consultants that received the second highestscore in ranking to Contract negotiations. The proceduro will continue with the third incase the negotiation process is not successful with the seoond ranked consultants.
AWARD OF CONTRACT
The contract shall be awarded after successful negotiations with the selected Consultantsand approved by the competent authority. Upon successful completion ofnegotiations/initialing of the draft contract, the Client shall promptly inform the otherConsultants that their proposals have not been seleoted.
The seleoted Consultant is erpected to commenoe the assignment on the date and at thelocation specified in the Data Sheet.
CONFIRMA'TION OF RECEIPT
Please inform the Client by telex/facsimilo oourier or any other means:
That you received the letter of invitation;Whether you will submit a proposal; andIf you plan to submit a proposal, when and how you will transmit it.
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k4z=-----JGeneral Manager (P&CA)National Highway AuthorityMinistry of Communioations
Govemment of Pakistan28-Mauve Area G-9l1, Islamabad
E-mail [email protected]: www,nha. gov,pk
Telephone : +92-5 1, -9032727Fax: +92-51-9260419
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DATA SHEET
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LOIClause No DESCRIPTION OF THE CLAUSE
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The na:ne of the Assignment is:
Detailed Dcsign for Section Lower Topa to Kohalla Bridge (33 Kms) oflslamabad-Muzaffarabad,
The name ofthe Client is: National Ilighway Authority
1.2 The descliption and the objectives ofthe assignment are: As pcr TOR
1.3
Phasing ofthe Assignment (ifany): Nil
The Consultant shall commence the Assignment upon receipt of Letter of Acceptance(LoA).
1.5
Pre'Proposal Conference; Yes -{- No -
'fhe narnc(s) and address(es) ofthe Official(s) is (are):
General manager (P&CA)National HighwaY Authority28, Mauve Area, G-9/lIslamabad
Date and Tinrc ofPre-proposal Conference: December 11' ?010 at ll00 hrs.
1 .6 The Client shall provide the following inputs: As per TOR and Appendix D
1.8
The Invited Consultants are:
l. M/s A.A.Associates2. M/s NESPAK (P\t.) Ltd.3, M/s Techno Consult International.
, M/s Asif Ali Associates * M/s Turkpak + M/s Noor Durrani +' M/s Jahangir Akhtar Associates.5. M/s ILF Associates + M/s The Engineers.6. M/s ACC (Pvt.) Ltd.7. Mls SAMPAK lnternational
2,1 The Documents are: TOIVBackground information, Draft Form of Contract' SampleFormats/Appendiceso Technical and Financial Forms (Al to Al5) as cnclosed inRFP.
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The address for seekins clarification rs;
GM (P&CA)National Highway Authority28, Mauve Area, G-9l1,IslamabadE-mail : ggpg31@4!g.ggy.p!
3.1.4
b. Shofi - listed fims may associate with alother short-listed firm:Yes - No -{-
d. Proposcd key staffshall preferably be permanent employees who areernploycd wilh the consultants at least six months prior to subnissionol'Proposal.
Yes r/ No
d. The minimum required experience ofproposed Key staffis:
- Team Leader Minimum BE Civil preferably MSCCivil plus 20 ycars relevant experience.
- Other professionals Relevant Professional Dcgree plus l0-15Years relevant Experience.
e. l raining is an important feature olthis Assignment:
Ycs'- No _!-
If Yes, details of training are given in TOR.
1 ? 1
Professional liability, insurances (desuiption or reference to appropriate documentation):
i. The Consultants shall be responsible for Professional IndemnityBond of the required amount at their own cost. This bond shall be inthcjoint name ofConsultant and the Client'
i i, Thc Consultants are required to insure their Employees andProfessionals for Hospitalization/ Medical, Travel and AccidcntCovcr for the duration of the Contract. The details provided in Para3.5 of Spccial Conditions of Contract in Model Contract.
3.2.4
The number of coples ofthe Proposal required is:Technical Proposal: One Original and Three copies.Financial Proposal: One Original with CD in sealed envelope.
The address for wliting on the proposal is:General Manager (P&CA)National Ilighway Aulhority28' Mauve Area G-9/1 IslamabadTelephone: +92-51-90f2727Facsimile +92-51-9260419
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4.4
The date and time of proposal submission is: 21" December,20l0 at 1130 hours.
Location ol Submission :
General Manager (P&CA)National Highway Authority28, Mauve Area G-9/l IslamabaLTelephone: +92-51-9032727Facsimile +92-51-9260419
4.5
Validity period ol'the proposal is: 120 days.
The localion lor negotiation ofproposal is:
General Manager (P&CA)National Ilighway Authority28" Mauve Area G-911 IslamabadTefephone: +92-51-9032727Facsimife +92-51-9260419
{ t
The evaluation of technical proposal shall be based on following criteria:
t .
11 .
i i i .iv.
Description/ltems
Quali lication of the ConsultantApproach & MethodologyWolk PlanQualification and competence ofthe KeyStalT for the AssignmentPresent commitment and past performmce of the firm
Points
l l00lls0lt50l
t7001[100]
r000
70v.
'Iotal Points;
1'he minimum qualifying technical score
a The poinls earmarked for evaluation sub criteria (iv) above for suitabilifL of key staff are:
Description/Items
i. Academic and General Qualificationsii. Professional experience related to the Projectiii. Status with the firm (Stay with the firm)
Total Points:
Points (7o)
3 0 %60 n/o
t 0 % -lI
t00 0t --,
5.3.1The datc, lime and address ofthe financial proposal opening are: Afterevaluation and approval oftechnical proposals (TO BE INFORMEDLAl']JR).
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5.3.3
The weights given to th€ Technical and Financial Proposals are:
Technical: 80VoFinancial t Zto/o
,1 7 The assignment is expected to commence in( date) : January, 201 I
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Eic.ttdt-100'/d Verj Good -90p,6 Abwe Aversgc - 800,6 Aver|ge-r0o/o Below Av€rag€ - 501/. Non-complyidg - 09/oScore Mallmum Weight X nting / 10OMirimum qurliMng score is ?096 or 700 markr.
SUMMARY EVALUATION SIIEET FOR FULL TECHMCAL PROPOSALS (QCBS)
EVALUATION CRITERIA MaL
Weisht*
Consulta0t I Consult nt 2
Ratine Scorc Rating Score
L Consult nt F-rDerience 100Geneml E\Derience of the Consultant 25SDecific ExDerience of the Consultant
IL A0prosch sod Mettodolog/ 50IIL Work PlaB (itrctuditr! strfilsp)
lV. Personnel (Anas ofDxD€rtire) IO rlific{tion rnd (--nmnetence ofKev/P.onm€d st8frl 700a) Proiect Coordinator/ Teen kader 150b) Structural Engineer 100c) High*ay Enqin€€r l md ) ceoteclmicalEnsineer 50e) Contsacl Engineer 50
fl Ouantity Surveyor 100g) Geologist 50h) Hydrologist 50
i) Environmental Engineer 50V. Pr€ent commitrnent ard Dost oefformrnce of the Cont|rl&nL 100
The basis for tbis b the report from Desiga section of tlrc Clien under whose dir€ction the works have b€etrcaried oul The cur€nt oonrrnitlnents arc io be asB€ssed as p€! lorks fur haod by the consultant.
TOTAL 1000
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Rrting: - Exceflerf - 100y. yery good, - 9oo/o Above Avemge - 8o%Avenge - 70%Scor€ = Mlximum Weight X rNfitrg /100
Ph.D.lo0% M.Sc- 80o/o B.Sc - 700lo Diplorna - 60010FulltiBe - 100% Part time with previous associations - 50% Part time only forthis assignment - 0%
Ir-
Below Avemge - 50Yo Non-complyin94o/o
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PERSOFI}IEL EVALUATION SHEETPOSMON / AREA OFE)(PERTISE
Name Academic and GenemlQualificationW€icht 30%
Project relatedErperienceWei!&t 60%
Statrs with tho Firmlv/o
OVERALL RATTNG(Sum of weiehtedRatins)
(Show all expertsto b6 €valuated)
Percentage Rating WeightedRaring (A)
Perc€rfageRating
WeightedRatine (B)
PercentageRating
WeightedP,atins (C)
(AiB+C)
a) Proiectcoordinator/Team lraderb) Smctulal Engineet
c) Highway Eneineef,d ) C€oteclmical Enein€€r
e) Conb'ac;t Ergineer
D Owntity Suweyorg) Ceoloeisth) Hydrologistj) Environmental Bneineer
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TECHNICAL PROPOSAL FORMS
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Form A 1CLIEIYT'SREFERENCE
Relevant Services( as per EOI notice) Carried Out in the Last Ten YearsWhich Best Illustrate Qualifications
Using in the format below, provide information on each reference assignment for whichyour firm, either individually as a corporate entity or as one of the major oompanies within aconsortium,was largelycontracted.
Consultants'Name:
Assignment Namo: Country:
Location within Country: Professional Staff Provided bvYour Firm:
Name of Client: No of Staff:
Address: No of StaffMonths:
Start Date (Month/Year): Completion Date(Month./Year):
Approx. Value of Services (inCunent USD/Rs.)
Name of AssociatedFirm (s), if any:
No. of Months of hofessionalStaff Provided by AssociatedFirm(s)
Name of Senior Staff @ojeot Director/Coordinator, Team Leader) involved and functionsoerformed:
Narrative Description of Project
Description ofActual Services Provided by Your Staff
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Form A 2
APPROACII PAPER ON METIIODOLOGY PROPOSED FOR PERFORMING TIIEASSIGhIMENT - DETAILED DESIGN T'OR SECTION LOWER TOPA TO KOHALLABRTDGE(33 KMS) OF ISLAMABAD-MUZAFFARABAD.
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COMMENTS/SUCGESTIONS OF CONSULTANT
On the Terms of Reference (TOR)
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3.
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6.
Etc.
On the data, services and facilities to be provided by the Client specified in the TOR.
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5.
Etc.
Form A 3
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Form A 4
FORMAT OF CTJRRTCULUM !1ITAE (CV) FOR PROPOSED KEY STAFF - DETATLEDDESIGN BOR SECTION LOWER TOPA TO KOHALLA BRIDGE(33 KMS) OF'ISLAMABAD-MUZAF'T'ARABAD.
Proposed Position:
Name of Firm:
Namo of Staff:
Profession:
Date of Birth:
Years with Firm:
Nationality:
tIItIIIIIIIIIIIIIITI
Membership in Professional Societies:(Membership of PEC is Mandatory)
Detailed Tasks Assigned on the Project:
10. Key Qualifications:
[Give an outline of staff member's experience and training most pertinent to tasks on assignment.Describe degree of responsibilif held by staff member on relevant previous assignments and givedates and locations. Use upto one page].
11. Education
[Summarize college/universif and other speoialized education of staff member, giving names ofinstitutions, dates attended and degrees obtainedl.
12. Employment Record
[Starting with present position, list in reverse order every employment held. List all positions heldby stalfmember since graduation, giving dates, names of employing organizations, title ofpositionsheld and location of assignments, For experience in last ten years, also give types of aotivitiesperformed and Client roferonoes, where appropriate].
Page 20 of 96
13. Languages
[Indicate proficiency in speaking reading and writing of each language: excellent, good fair, orpoorl.
14. Certification
I, the undersigned certifr that to the best of my knowledge and belief, these bio-data oorreotlydescribe myself, my qualifications and my experience.
Date:Sienature of Staff Member Day/IVlonth/Year
Authorized official from the firm
Page 21 of 96
I ' I - I I I I I I I I I I I I I I I I
Form A5COMPLETION A}ID ST]BMISSION OF REPORTS AS PER TOR,
Reports Date
l .z .
4.) -6.
8.9.
Pag€ 22 of 96
lrr I I I I I I I ITI I I I I I ITI
Form A 6COMPOSITION OF TIIE TEAM PERSONNEL AND THE TASKS TO
BE ASSIGIIED TO EACH TEAMMEMBER- DETAILED DESIGN FOR SECTION LOWER TOPA TOKOIIALLA BRIDGE(33 KMS) OF ISLAMAB{)-MUZAT'FARABAD.
l. Technical/lVlatragerialStaff
NamePosition Tasks
AssignmentPresentlocation
Name ofassignment
involved andclients name
Page 23 of 96
IT 'T ' I I I I I I I ' I I I I I I I
Form A 7WORK PLAN/ACTIVITY SCIIEDIJLE
Items of Work/Activities Monthly Program from date of assignment (in the form ofa Bar Chart)
I 2 3 4 5 6 8 9 l0 l t t2 13 l4 15
Page 24 of 96
I I I - I I I I I I I I - ITI I I I I
Form A 8
WORK PLATI AND TIME SCHEDT]LE FOR KEY PERSON}IEL
FullTime:Part Time: Activities Duration
Yours faithfully,
Signature(Authorized Representative)
Full NameDesignationAddress
Name PositionMonths (in the form of a Bar Chart) Number of Months
3 4 5 6 1 8 9 10 t1 12 13 14 15
Page 25 of 96
- I I - I I I I I I I - I I I I - I I I
Form A 9CI]RRENT COMMITMENTS OF THE F'IRM
from clients other than NIIA as
Start date of the project
Page 26 of 96
96 'o lE a6ed
st^tuoJ -lvsodoud -lvt9NVNH
IIItttITITIIIIIIIITI
hoject:
Form A I0
BRTAI(DOWN OF' RATES T'OR CONSTJLTANCY CONTRACT
Consultant:
Basic salary shall include actual gross salary before deduction oftaxes. Payroll sheetfor each proposed personnel should be submitted at the time ofnegotiations.Social charges shall include Client's oonftibution to social security, paid vacation,average sick leave and other standard benefits paid by the company to the employee.Breakdown ofproposed percentage charges should be submitted and supported (seeForm .A11).Overhead shall inolude general administration cost, rent, clerical andjuniorprofessional staff and business getting expenses, etc. Breakdown ofproposedpercantage charges for overhead should be submitted and supported (see Form A12).Fee shall include company profit and share of salary ofpartners and direotors (ifnotbilled individually for the project) or specified in overhead costs ofthe Company.Normally payable only in case offield work under hard and arduous oonditions.The minimum percentage of itern (1) should be preferably 50% of(8).The consultant is to provide appointrnent letter and affidaviVundertaking duly signedby each ofthe individual staff members showing salary rates as above. Further duringexecution each invoice will also be provided showing that the professionals have beenpaid their salaries as per basic rates specified therein. Failing to whiolU the Client willtake punitive action against the consultant and shall deduot the deficient amount fromhis monthly invoice. Moreover, it will bo oonsidered as a negative mark on hisperformance that will be considered for futuro projeots.
Full Name:Signature:
Notesr
Item No. 1
Item No. 2
Item No. 3
Item No. 5
Item No. 7Note 1Note 2
Title:
Name Position BasicSalaryper Cal.Month
SocialCharges(%oage of1)
Overhead(o/oage of1,+2)
Sub-Total(1+2+3)
Fee(Voageof4)
Rate perMont}lforprojectOffice
FieldAllow.(o/oage of1)
Rate perMonthfor FietdWork
(1 ) a) (3) (4) (5) (6) (7) (8)
Page 28 of 96
Sr,No.
Detailed Ilescription As a %oage of Basic Salary
ItIItItIIIIITIIItItI
IIIIIIITIIlttIIII
Form A 12
BREAKDOWN OF OVERIIE{) COSTS - DESIGN SERVICES
Sr,No.
Detailed Description As a o/oage of Basic Salary andSocial Charees
ESTIMATED LOCAL CURRENCY SALARY COSTSIREMTJNERATION _ DESIGNSERVICES
Sr. No. Name Position Staff-Months
Monthly BillitrgRat€
Total EstimatedAmount (Rs.)
I. Professional Strff
Sub-Total:
Form A 13Page 2 of?
ESTIMATED LOCAI CT]RRENCY SALARY COSTS/REMTJNERATION - DESIGNSERVICES
Note: The Consultant is to propose staff man-months for the non-technical staff here & providea lump sum cost in item No. 10 of Form A-14 that should tally with the above stated amount(cost effect should be taken only once in Form A14).
Sr. No. Position Staff-Months Monthly BillingRate
TotalEstimated
Amount (Rs.)
I Non-Technical Staff
Sub-'Total:
Pag€ 32 of 96
Form A 14Page 1 of2
DTRECT (NON-SALAR9 COSTS
S.No. Nomenclature Unit Quantity Unit Price Total Amount
1 . Rent for Office Accommodation L.S
z . Office Utilities Costs L.S
Cost/rental ofFumiture/Furnishings
L.S
4. Cost (rentals) of Office/OtherEquipment
i) Computers andaccessories
ii) Photo copy machinesiii) Communication
equipmentiv) Draft ing/Engineering
equipmentv) Surveyinginstruments
(rentals)vi) Cost of laboratory
testing etc.vii) Transport
Vehicles(Rentals)
L.S
Page 33 of 96)E
IItTItIIIIIII
Form A 14Page 2 of2
S.No. Nomenclature Unit Quantity Unit Price Total Amount
5 . Communication expenses Permonth
6 . Cost for Suwey L.S
7. Drafl ing,rReproduction of Reports L.S
8 . hofessional liabilitv cost/Premium This is to bepaid by thoConsultant fromits overheadsand hereamount payableis only to bespecified.
O{fioe/Drafting Supplies L.S
10. Support Staff as needed for keyprofessional staff along withnumber, charge rate and categoryfor rsview
L.S
11. Others not covered above to complywith TOR requirement.
L,S
Total:
IItItII
Page 34 of 96 />t
IItIItItItIIIIIIIItIt
Form A 15
SUMMARY OF COST OF CONSULTANT FOR DESIGN SER\'ICES
Sr.No.
Description Amount (Rs.)
I Salary Cost/Remuneration
2. Direct fl'ron-Salary) Cost
J .
Provisional Sum for ComputerHardware and Software as per TOR
250,000
+. Grand Total
Note: 1- This cost is supposed to be built up in bid price and ifany thing is left blank it shallbe deemed to be included in cost except for items provided through constructioncontract,
2- The dues and salaries of staff are payable by the consultant in time and not laterthan 10'n of the preceding month positively, In case of failure to do so the Clientshall intervene and pay these dues and salaries of the concerned staff member(s)and recover liom the invoicc of the consultant at actual charges paid plus 17o ofthe amount, This will also be accounted for adversely in making assessment of theConsultant in the next cvaluation process of forthcoming projects/assignments ofthe Client,
Page 35 of 96
APPENDIX A
TERMS OF REFERENCE (TOR)
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IIIIITIItIItI
1.
SCOPE OF SERVICES /TERMS OF REFERENCE
DETAILED DESTGN OF SECTTON LOWER TOPA TO KOHALA BRTDGE (33KM)
BACKGROUND
National Highway Authority intends to appoint Consultants forDetailed Design for Section Lower Topa to Kohala Bridge(33kms) of lslamabad-Muzaffarabad Road Project (E-75). ltshall be constructed as per NHA Standards. Construction ofRoad from Convention Centre to Saha Mile (Dualization ofexisting carriageway) has been completed in 2002 while fromSatra Mile to Lower Topa (new alignment; dual carriageway)has been substantially completed.
The proposed existing road being taken up for Widening &Strengthening as part of Development Package, which focuseson the development of the road network of the area. Thelmproved Road will provide the commuters of the area withgood travel facility between lslamabad and Kohala.
The scheme provides for the Widening & Strengthening of theexisting road from Lower Topa to Kohala bridge section to a7.3m wide carriageway (2Jane). The overall objective of theProject is to provide a good travel facility between lslamabad toKohala through reduction in the travel, time and vehicleoperating costs at the most economical and financiallysustainable level. With the improvement of this section, thetraffic is also expected to increase considerably.
PROJECT WORKS
It is envisaged that the Projects shall be constructed as 2-lanehighway with 1-2m shoulders as applicable in mountainoustenain with bridges over nallas. Culverts shall be constructedfor cross drainage works. Road furniture comprising of lanemarkings, traffic signs, guardrails and reflectors shall beprovided, where required, pioper intersections shall bedesigned. Detailed TOR is outlined in the following paragraphs.
SCOPE OF WORKThe scope of work for the project shall consist of the followings:
DETAILED DESIGN OF THE PROJECT:Page 37 of 96_ ,:\E
3.
IITIItT
3,1
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4.
4.1
NHA intends to engage Consultant to provide services for Detailed Design andPreparation of PC-1, Bidding Documents and Utility Folders of the Project. TheConsultant shall perform the following tasks to the satisfaction of the Client andstandard engineering practices as outlined below (but not limited) to achieve theobjective:
1 . Project definition plan.2. Traffic Survey, Present and Post Project Capacity Analysis for design life.3. Economic analysis leading to feasibility of the project.4. Hydraulic Study report for design of structures.5. Design of intersections, structures and toll plazas.6. Pavement Design.7. Environmental lmpact Assessment (ElA) Study8. Highway safety audit report.9. Preparation of Land Acquisition and Utility Folder.10. Preparation of PC-1 as per actual Cost Estimate.1'l. Bidding Documents and Cost Estimates.12. ConstructionDrawings.13. Traffic management plan during construction.14. Detailed report on construction machinery required during construction
phase.
TOPOGRAPHIC SURVEY AND MAPPING
GENERAL
A credible topographic survey is one of the basic requirements for design of anyHighway Project. However topographic band survey of 40 m has been carried outby the Design Consultant, M/S NESPAK using modern instruments and latesttechniques by the experienced Survey Engineers, Surveyors and plotted by (CADOperator) for which design consultant will assure its accuracy. Client will providetopographic survey for Roadway. Regarding design of drainage structures (culverts& Bridges) and major landslides areas additional survey will be carried out as perthe site conditions, by the design consultants.
TRAFFIC SURVEYS
The Consultant shall collect data from concerned agencies and carry out 24 hourstraffic volume count on the Project site. The traffic counts should be taken atimportant junctions. lt should be noted that the traffic counts shall representrepresentative sample of the week and corrected for variations over the_year.
SOIL AND MATERIAL INVESTIGATIONS
The Consuliant shall carry out the essential soil/geotechnical investigations alongthe Project alignment. Necessary laboratory testing will be carried out to accuratelyassess the engineering properties of the soil strata for detailed design of roads.Adequate soil testing shall also be carried out as required for the pavement design.
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5,
tIIIIIIIIIIIIIIIIIII
Soil samples will be collected and tested at selected sites as per ASTMiAASHTOproce0ures.
The deep soil boring and detailed Soil Investigation for Bridges will be part ofconstruction contract and the design for Bridge substructure will then be finalizedaccordingly.
7. MATERIAL'S SURVEY AND TESTING
a) The Consultant shall carry out the survey and testing of the constructionmaterials for embankment material as well as for pavement and concretestructures.
b) Location of the quarries pertaining to aggregates, granular and borrowmaterials shall be properly documented. Distances of the quarries from thestart and end point of the project shall also be provided.
c) Water sources for use in construction shall be properly tested for harmfulsubstances. These sources shall be properly indicated,
d) Concrete and Aggregates borrow test and study shall be undertaken.Similarly samples of water, soil and borrow shall be taken and tested for theirproperties for concrete mixes.
e) Data of previous studies made by the consultant in Project area of proposedquarry sites may also be used.
8. DESIGN STANDARDS AND CRITERIA
8.1.1
Following Design Standards and Codes shall be followed:
Design Parameters
No, Description Roads1. Design Speed 40(kph)2. Median Not Applicable
Road Cross Section (Attached) Annexure-1Widths
a) Caniageway Width 7.3 m (2-Lanes each of3.65 m)
b) Lane Width (m) 3.65c) No. of Lanes z
d) Paved Shoulde(m) 1-2Drainage Side hill saucer drain,
cross-drainage culverts,chutes.
QafLaqeway Cross Slopea l Pavement 2.5o/o
Pag€ 39 of 96
ttItIIIIIIIIIIIIIIII
4. Horizontal Alignmenta) i) Minimum radius (m)
ii) Minimum Curve radius at turnings /channelizinq lslands (m)
4 E
b) Max. Relative Gradient 0.70Maximum super-elevation 6%Vertical AliqnmentRulinq Gradient 4o/oMaximum Gradient 6o/oExceptional Gradient As per the actual road,
shall be followedK Value for vertical curve
a t Min. K Value for Crest Curve 4b) Min. K Value for Sag Curve I
8.1,2 Design Standards
The following Design Standards would be followed:
a) For Geometric and Pavement Design:
Geometric Design Standards "A Policy on Geometric Design of Highway &Streets 2004"
British Road Note 31 (Latest Edition) for Pavement Design.
b) For Materials and Testing:
i) ASTM - American Society for Testing & Materials.
iD AASHTO - American Association of State Highway and TransportationOfficials.
c) For Structuresi
MSHTO - Standard Specifications for Highway Bridges (Latest Edition).
d) Vehicles Live Load
West Pakistan Code of Practice for Highwayspecifies more severe loads to be consideredloads such as dead load etc. as follows:
i) Tank Loading
The 70-Ton tracked military vehicle to beWPCHB to give maximum stresses.
Bridges 1967 WPCHB)in combination with other
placed in accordance with
Page 40 of 96
tIttlIITIIIIIIItIIII
i i )
i i i )
Class A Loading
The 54.5 Ton train of trailers (with different axle loads) to be placed inaccordance with WPCHB to give maximum stresses.
Check Deck Slab for Punching Shear
Additionally the bridge deck slab shall be checked in Punching Shearfor a Wheel Load of 21,000 Pounds [95 KN] on 0.3 x 0.6 m2 tirecontact area.
Other Loads
i) Sidewalk Live Load
A load of 5 KN/m2 (1OO psf) of walkway between side barrier/ railingand shoulder, applied continuously or discontinuously over bothIengths and width of structure in order to produce maximum stressesin the member under consideration.
ii) Horizontal Live Load on Railing/Posts of Side Barrier
These depend upon the configuration of the railing/posts/ barriersystem. The position and the magnitude of the horizontal loads aretaken according to Article 2.7 of MSHTO.
iii) lmpact Load
lmpact loading on the bridge superstructure is taken in accordancewith WPCHB.
iv) Wind Loads
Wind loads are taken in accordance with the provision of WPCHB.
v) Seismic Design
Uniform Building Code (UBC) and Seismic Zones Map (latest) ofPakistan. Earthquake forces are calculated according to AASHTO.
Bridge/Girder Cross-Section
Deck width geometric cross-section and girder cross-sections of prestressedbridges will be according to NHA Standardization of Bridge Structures.
Embankment Design:
e)
s)
Page 41 of 96
zyY
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ln areas of high water table, filter cut-off layer shall be provided to protect thepavement structure. This should include provision of day lighting drainagegallery at bottom of pavement over subgrade top. Surface drainage shallalso be designed properly with defined disposal points with specialconsideration in the builf up area.
PAVEMENT DESIGN
Pavement Design shall be done according to guidelines of Road Note 31 (LatestEdition) with load factors from NTRC Report and confirm the Design withmechanistic design methodology. The pavement design will be based on existingtraffic keeping overload factors in view. Design life 10 years shall be proposed withan overlay for another 5 years. Traffic growth factor shall be established throughthe study of available traffic
i. Asphalt Concrete:
Design shall be based predominantly on minimum asphalt layer thickness asdetermined by AASHTO des'gn.
ii. Ease Course.'
Combination of crushed aggregate base couise and asphalt layers shall beadopted for pavement structure. lt shall be specified that aggregate basecourse shall be laid with paver.
ii i. Subiase;
Sub-base if provided shall be day lighted for effective drainage
iv. Subgrade:
From in-depth study, testing, characterization and evaluation of potentialborrow sources available within the projects vicinity, the subgrade CBR forthe road bed be determined accordingly.
EXISTING STRUCTURES
The Consultant shall carry out detailed inspection of existing structures and shallrecommend if existing structures can be retained, need to be replaced or design forwideningi extension. These shall be carried out with structures of proper size and tobe commensurate with NHA standards for cross-section of the road and structures.
8.4
a. Hydrology
CROSS DRAINAGE STRUCTURES
Page 42 of 96
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8.6.
8.7.
10.
11.
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a) ldentify and design all necessary drainage works like side catchments,protection bunds, rock fill gabions, both longitudinal and cross drains, and allother possible methods for protection of carriageway with least interruption tothe traffic.
b) Detail all drainage works with dimensions, grades and other particulars. Thebasis of design and calculations shall form a part of the Final Design Report.
STRUCTURAL DESIGN CALCULATION REPORT
Structural Analysis shall preferably be performed using STAAD Pro or SAP2000. Allinput files shall be included in the Design Report. The design calculations anddrawing will be reviewed by NHA and corrected by the Consultant if required. Thefinal drawings of structures along with the calculations and computer model ofstructures will also be submitted on computer CDs also.
ROAD SIDE DESIGN STANDARDS
Roadside design pertains to the area between the outside shoulder edge and ROWlimits. lt involves safe design of features like embankment slopes, cut slopes, roadside drainage slopes, design of road signs and structures railings if required etc.The AASHTO Road side design Guide (latest) shall be followed.
HIGHWAY SAFETY AUDIT
Consultant shall prepare a Highway Safety Report on existing Road, Mitigate allSafety issues in Design of the project and then prepare Safety Audit Report of theproposed Design and submit to NHA.
ECONOMIC AND FINANCIAL ANALYSIS
Based on topographic survey, soil and materials survey investigation, preliminarydesign, cost estimates, the technical specifications, Social & Environmental lmpact.The Consultant shall carry out economic analysis of the Project to arrive at thebenefiVcost ratio and other economic indicators.
DESIGN REPORT
A Complete Design Report shall be prepared to cover all the aspects given above.i.e. consisting of the final alignment, design of pavement structures, containing allrelevant tables, calculations, computer analysis, interpretation of the computerresults, conclusions, references etc, all compiled and complete with sketchesrelevant to the preparation of construction drawings properly cross referencedbetween the drawings and the calculation sheets.
12. EtA
(Attachment-1)
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13.REPORT
LAND ACQUISITION AND UTILITY INFRASTRUCTURE
The Consultant shall identify land and property falling in theRight-of-Way (ROW) to be acquired, if available. TheConsultants shall submit ROW plans showing the alignmentwith 5 copies thereof to NHA to facilitate timely action foracquisition of land to deflne the right-of-way. Provision andFixation of ROW permanent markers shall be part ofconstruction contract. The Consultant shall also DreDareestimate for acquiring any additional and removal of structuresand utilities, particularly in the built-up areas. Folders shall besubmitted in soft format in CAD with reference to gridcoordinates.
14. PREPARATION OF PC-{
The Consultant shall prepare PC-1 Performa for Project including EconomicAnalysis and Environmental lmpact Assessment (ElA) on Performa of PC-1prescribed by Planning Commission.
15. TENDERDOCUMENTS
15,1 Tender Documentrs shall comprise the following:
a) Volume-l: Instructions to Bidders, Conditions of Contract (Part-l:General Conditions of Contract; Partll: Conditions ofParticular Application; Part-lll: Supplementary Conditions),Forms and Aooendices.
b) Volumell: GeneralSpecifications.
c) Volume-lll: Particular Specifications, Special Provisions and Bills ofQuantities.
d) Volume-lV: Set of Drawings with following details.
The set of drawings shall include:
(i) Cover sheetKey plan: Province and Project site indicated.
Typical cross section of Road
Plan and profile of the existing and proposed road, with details of allcurves, super-elevations, levels locations of Bench Marks, locations ofbridges and culverts etc;
Plan, elevation, section and structural details of elements of bridges,culverts and other structures.
(iv)
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(vD Typical Drawings of protective and ancillary works including retainingwalls, road marking, traffic signs and other necessary roadside furnitureetc.
15.2 CONTRACT CONDTTTONS (LEGAL PART)
NHA has prepared Standard Tender Documents sections on Instructions toBidders, Conditions of Contract, Bid Forms etc. and has used them for similarproject in the past. Consultant shall study these standardized contract conditionsand amend them in accordance with the requirements of this project. The SpecialConditions of Contract can be added pertaining to the Project as supplement to theGeneral Conditions of Contract.
15,3 TECHNICALSPEGIFICATIONS
The Consultant shall study the NHA Specifications and prepare particularspecification for the project for speclfied items not covered in the GeneralSoeciflcations.
15.4 BILL OF QUANTITIES
Consultant shall prepare comprehensive Bill of Quantities to be calculated toaccuracy of t t0% encompassing all the items of work (including C factors),properly cross referenced to the Technical Specifications. Standard format of Bill ofQuantities shall be adopted based on NHA General Specifications 1998. TheConsultant shall prepare taking off sheets of the quantities and submit the same toNHA along with BOQ.
15.5 CONSTRUCTION DRAWINGS
The Consultant shall prepare Construction Drawings (Contract Plans) in a clear,concise and uniform manner in Digital Format using AutoCAD and shall submit finalcopy of complete drawings to NHA.
I5.6 ENGINEER'S ESTIMATE
Consultant shall prepare the Enginee/s Estimate of the project based on thedetailed design, drawings and final Bill of Quantities, using NHA Schedule of RatesCSR-2009. Total project value based on fair local market prices, materials, workmethodology, machinery and equipment required and on the basis of 90%management efficiency shall also be worked out for items not specified in NHACSR-2009; rate analysis shall be provided based upon market price.
15.7 SUBMISSION OF DOCUMENTS
The Consultant shall prepare the following documents for theproject and submit to the Employer within the period specified:StageJ:
: (03) Hard + (01) Soft copy
IIIIIt
A Inception Report
Page 46 of 96
16.
17.
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T
B Alignment Study (Consultant will get the : (03) 11s6 + (01) Soft copyapproval before carrying out the design)
C Traffic Study Report : (03) Hard + (01) Soft copyStage{l:
a Topographic Survey & Geometric Design : (04) Hard + (01) Soft copyReoort.
b Materials Report including Geotechnicat : (04) Hard + (01) Soft copyinvestigations.Hydraulic and hydrology ReportPavement Design ReportPreliminary Structural Design Report
Land Acquisition & Utility Folders(Based on the proposed ROW after
: (04) Hard + (01) Soft copy: (04) Hard + (01) Soft copy: (04) Hard + (01) Soft copy
: (04) Hard + (01) Soft copy
approval of NHA)g Environmental & Social Impact : (10) Hard + (01) Soft copy
Assessment ReportStageJll:
a Final Design Report (including Detailed : (05) Hard + (01) Soft copyStructural / Pavement Calculations),
b Tender Documents (Volume 1- 4) : (10) Hard + (01) Soft copyc Engineer's Estimate : (10) Hard + (01) Soft copyd PC-l performa(in stages) : (80) Hard + (01) Soft copy
All documents/ drawings shall be subject to review and checking by NHA's Experts.Consultant will incorporate any comments/ modifications made by the Experts.
Consultant will provide two additional sets of the tender documents and reports tothe Client at a later stage at no extra cost to the Client. Additional number of sets (ifrequired) shall be provided at a cost of Rs. 10,000/- per set.
PROVISION OF COMPUTER HARDWARE AND SOFTWARE ALONGWITHACCESSORIEST
A provisional sum of Rs. 250,000i- is kept for provision of computer hardware andsoftware along with accessories for design phase, which the consultants will useduring the design phase and will become the property of NHA after completion ofdesign phase.
PROVISION OF DATA ON COMPACT DISCS
The Consultant shall submit complete set of documents and drawings listed aboveon three (03) digital CD-ROMs. Files (Word, Excel, AutoCAD, Graphical lmages,and Photographs etc.) shall be properly indexed/ catalogued for record purposesand use/ reproduction at a later stage by NHA, AutoCAD files shall be provided in'pdf ' or 'dwg' format.
TIME OF START18.
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III
The services shall be commenced immediately after the signing of the ContractI Agreement.
!t 19. TIME PERIoD
I The services specified in the TOR shall be completed and all relevant reportsr submitted in the form and format acceptable to the Employer, within six (06) months
from the date of signing of Contract Agreement.
I
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a.
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Attachment-1ENVIRONMENTAL AND SOCIAL ASSESSMENT
1. Environmental and Social Assessment (EAiSA) studies will be carriedout for the project road. The environmental and social aspects will be integratedinto all stages of the project i.e. planning, design, preconstruction, construction andpost construction. The objectives of these detailed EA/SAs is to ensure that designdecisions for the proposed road are environmentally sound and socially acceptableand contribute to development of environmental assets and in cases of involuntaryresettlement, satisfactory relocation and restoration for incomes and otherresources are completed before civil works are undertaken on particular locations /stretches of road. The environmental and social studies will include consultationwith stakeholders and mitigation measures shall be prepared through consensus.Environmental analysis involves undertaking an Environmental impact Assessmentand Social Assessments (ElAsiSAs), in such a manner as to ensure compliancewith GOPi EPA and World BanUADB environmental and social guidelines,regulations and safeguards. The analysis, studies and reporting requirements to beundertaken under the TOR must conform to these guidelines and regulations:
D,
In the case of GOP, these comprise, inter alia; the Pakistan EnvironmentalProtection Act (of December 1997 and its implementing regulation, and theEIA Guidelines, Review of IEE and EIA Regulations, 2000), the LandAcquisition Act (of 1894).
In the case of the World Bank / Asian Development Bank, these compriseinfer alia, Operational Policies OPi BP 4.01 : Environmental Assessment, 1999,OD 4.30 on involuntary Resettlement and OD 4.20 on lmpacts on indigenouspopulations; Operational Policy OP 4.02, best practice BP 4.O2, and GoodPractice GP 4.Q2: Environmental Action Plans, 1994, Operational PolicyOP/BP 4.04 Natural Habitats, 2001; Operational Policy / Best PracticesOP/BP 4.36 Forests, 2002 Environmental Assessment Source Book, 1991;Roads and the environmental: A Handbook. 1997: and OPN 1 1 .03 on CulturalProperty.
c. In case of other donor agency the respective guidelineswill be followed.
Environmental Analysis:
Detailed project-level environmental assessment / analysis forthe entire project shall consist of the following:a. Project Description
Concise description of the project's geographic, economic, social andtemporal context, including any off-sites investments, that may be required(e.9.; access roads, resettlement, etc.) and clear definitions of spatial andtemporal boundaries for the EA.
b. Baseline Data
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)-v
g.
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Data collection and assessment of the dimensions of corridor of impact andthe study area (ROW adjacent areas), description of relevant physical,biological, socio-economic conditions, existing environmental damage fromexisting road (e.9. water contamination, noise pollution, etc.) including anychanges anticipated before the works commence; identification ofenvironmental hotspots.
c. lmpacts Matrix
ldentification and assessment of positive and negative impacts likely to resultfrom the proposed project interventions, suggest mitigation measures andany residual negative impacts that cannot be mitigated should be identified.Opportunities for environmental enhancement will be identified / estimated. Asummary table of negative and positive environmental impact will beproduced along with an assessment of the potential magnitude / severity.
d. Analysis of Alternatives
In the case of minor impacts, which can be successfully mitigated within theROW and without change in alignment, there will be no need for the analysisof alternative, in all other cases, and especially in the case of major or criticalissues, a systematic comparison will be undertaken of the proposedinvestment design, site technology and operational alternatives in terms of:
i) Their potential environmental and social impacts;ii) Capital and recurrent costs;iiD Suitability under local conditions; andiv) Institutional,trainingandmonitoringrequirements.
For each alternative, the environment cost and benefits will be quantified tothe extent possible, and economic values will be attached where feasible.The basis for the selection of alternative proposed for the project designmust be stated.
f. Mitigation Measures
The consultant will develop an Environmental Management Plan (EMP) toeliminate, minimize or mitigate the impacts resulting from the design,construction and operation of the project and to provide specific guidelinesfor long-term monitoring by identifying roles and responsibilities of Client,supervision Consultant and the Contractor. Each mitigation measureproposed will be costed and itemized through quantification for its inclusionin the BOQ of tender documents. For the proposed mitigation measuresdifficult to quantify - a set of corrective actions will be suggested in case oftheir non-compliance.
The Consultants will prepare the reports and documents within the approvedframework and format for Highway Rehabilitation Project, and alsoconforming to the suggested contents outlined in Annexure B of the bank'soP 4.01.
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3.
d .
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b.
Social Assessment:
The consultant shall undertake a social impact assessment ofthe project. The project level social assessments will include:
ldentification of stakeholders and stakes and impacts. if anv on localpopulations.
ldentification of poor and vulnerable groups and strategies to ensure that suchgroups benefit from the project.
Socio-economic analysis and design of social strategies, while ensuringadequate stakeholder consultation and participation.
Census: A full census shall be undertaken to register and document thestatus of the potentially affected population in the entire length of the project,their assets, and sources of livelihood. The census shall register all householdmembers and individuals within the potential ROWimpacted corridor.Absence of legal title does not disqualify people from support; thus peopleoccupying privately owned land as well as those currently occupying parts ofthe ROW for shelter, business purposes, or other sources of livelihood shouldbe covered in the census (i.e. private and owners, tenants, squafter andencroachers within the ROW will be covered in the census). The followingguidelines shall be followed:
i) Where it is likely that dislocation of people will be required, suitableresettlement sites in relocation to the current locations of the affectedpersons should be recorded.
ii) All encroachments within the ROW, as well as private holding of land andother assets in area along the corridor to be improved shall bedocumented. Land ownershipi holding record shall be provided byNational Highway Authority.
iii) Assets within ROW such as siructures, land holdings, trees etc. shall bedocumented and recorded on strip maps.
iv) This information will be compared with available revenue departmentrecords as provided by National Highway Authority (NHA) of landownership/holding to verify the boundaries of the legal Right-of-Way, aswell as boundaries within and in the likely area of project impact.
The date of the census survey will be considered as the cut-off date forentitlements under the projeci, to determine who may be entitled to support.People mobbing into the project area after this cut-off date will not be entitledto support.
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f. Resettlement Action / Mitigation Plans (RAP):
Where needed, sub-project specific time - bound RAP with appropriatecompensation for assets shall be developed on the basis of the generic policy,entitlement framework already evolved under the Highways RehabilitationProject. The RAP shall give detailed guidance on how to implement theprovisions in the policy framework including institutional arrangements andbudgets based on enumeration of the numbers of project affected people withentitlements under the framework. lt shall also cover Monitoring andEvaluation procedures and grievances redressal arrangements.
S. lmplementationPlan:
The implementation plan shall contain details related to the RAP. This shallinclude but not be limited to:
i) Details about affected population with numbers and key characteristics.
ii) Detailed budget and time - bound implementation schedule.
iii) Legal framework and additional support mechanisms.
iv) ldentification of responsible agencies and individuals.
v) Monitoring and evaluation procedures, based on identified indicators forinputs, outputs and impacts.
vi) Grievances Procedures
The consultant will obtain Regulatory Clearance of the works at all locations inaccordance with the procedures specified by Pakistan EnvironmentalProtection Agency in its PEPA Act 1997 as well as lEEiElA 2000 regulations.
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Annexure-1PROPOSED MAN MONTHS FOR THE HIGHWAY DESIGN:
Sr,No.
Designation
Project ManagerHighway EngineerStructural EngineerGeotechnical EngineerQuantity SurveyorAuto-CAD operatorContract EngineerSurveyorMiscellaneous
Designation
Environmental ScientistEnvironmental EngineerFlora Fauna ExpertHydrologistGeologistGIS ExpertNOC Processing
No.
(01)(01)(01)(01)(02)(02)(01)(02)Lump-Sum
No.
(01)(01)(01)(01)(01)(01)(01)
Man Months
0603n?
01vz
02 each0102 each
Man Months
l .
2.
4 .
o .
d .
9.
Note:
z -
o .
Note:
All the expertise required for the design of the project will be deemed to be includedin the Financial bid.
PROPOSED/TENTATIVE MAN MONTHS FOR THE ENVIRONMENTAL STUDIES
Sr.No,
010101010101a2
Total period required to prepare Environmental Assessment Report and toattain no objection certificate will be Four months. Initial Two months will be used toprepare EIA report while the later Two months will be required for the processing to obtainNOC.
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IIIII
Annexure-2
SUMMARY OF MAN MONTHS:
Sr.No, Designation No. Man Months Rate/Month
Highway Design1 . Proiect Coordinator 01 UO
z . Highway Engineer n2
Senior Structural Engineer n 1 034. Geotechnical Enqineer 01 01
Quantity Survevor vzA Auto-CAD oDerator 02 each
Contract Engineer 01 01
L Surveyor 02 02 each
!r . Miscellaneous Lunp sum
Environmental lmpact Assessment:(ErA)10 Environmental Scientist 01 0111 Environmental Enqineer 01 0112 Flora and Fauna Expert 01 01I J Hvdroloqist 01 0114 Geoloqist 01 0115 GIS Expert 01 0116 NOC Processing 01 02
Total 18 32
Note:
1. All the expertise required for the design of the project will be deemed to beincluded in the Financial bid.
2. Total period required to prepare Environmental Assessment Report and to attainno objection certificate will be Four months. Initial Two months will be used to prepare EIAreport while the later Two months will be required for the processing to obtain NOC.
tII
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APPENDIX B
MAN-MONTH AND ACTIVITY SCHEDULE
To estimate Consultant's inputs and costs for the assignment, man-month and activity schedules are to be provided as per enclosedformat (Forms A7 and A8). These two schedules should correlate.
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II
CLIENT'SREQUTREMENTSF'ROM TIIECONSULTANTS
APPENDIX C
CLIENT'S REQIIIREMENTS FROM TIIE CONSULTAI\TS
Some important requirements are:
I. Selecting a Consulting Engineer is one of the most importantdecisions an owner or Client makes. The most importantstandards for this are technical competence, managerial ability,professional integrity and faimess of fee structure. The Clientwill seek information on all these aspects by:a. Obtaining comprehensive written information from the the
Consultant in form of RFPs and should be completed infull providing all details as correctly known as possible. Ithas been experienced that some Consultants try to hidetheir deficiencies viz-a-viz the requirements of TOR bymaking unclear and vague statement. It will be policy ofevaluators that vague statement and lack of clarity inproposals on specifio issues may be reason to downgradethe rating.
b. Talking to the senior personnel ofthe Consultants.c. Consulting their Clients.d. Viewing the projects that they have accomplished and visit
the users.e. Visiting the premises of the Consultant and examining
systems and method of works as well as hardware andsoftware abilities available, Senior Management(minimum Director level) shall regularly visit the site atleast once a month and hold meeting with the Client'sfepresentative.
f. The approach and methodology proposed inoluding workplan, activity and man-month schedule should bemeaningful and fully coordinated to judge theunderstanding of the proposed assignment by theConsultant.
For Items (b) to (e), the inspection can be held any timeprior to or after award of work to the Consultants. During
o the inspection if the scenario found is not compatible with-' what is presented during presentations or as per Contract,the Consultant is Iiable for action debarring for two (2)years for future projects which may or may not includeblack listing action.
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DE
III!tTIIIIIIttIIIItI
APPENDIX D
PERSONNEL, EQUIPMENT, FACILITIES A}ID OTHERS SERVICES TO BEPROVIDED BY THE CLIENT.
ASPERTOR
Pase57of96 Zfr
APPENDIX E
COPY OF MODEL AGREEMENT(To be finalized during Negotiations)
page SB of 9C &
Contract for Engineering Consultancp{ervices(Lump Sum) /Ah(\17
rNAME OF' TIIE CONSULTANTS)
For
(BRIEF SCOPE OF SERVICES)
(NAME OFPROJECT)
Page 59 of 96*_
l .
I
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1.
l . l1 .21 .3t .41 .5t .61 .71 .8
,
2.12.2z.)2.42.52.62.72.7.12.7.22.7.32.7.42.82.92.9.12.9.22.9.3
TABLE OT'CONTENTS
FORM OF CONTRACT
GENERAL COI\'DITIONS OF CONTRACT
GENERAL PROVISIONS
DefinitionsLaw Govoming the ContractLanguageNoticesLooationAuthorized ReoresentativesTaxes and DutiesLeader ofJoint VenfiJre
COMMENCEMENT, COMPLETION, MODIFICATION,AI|ID TERMINATION OF CONTRACT
Effectiveness of ContraotTermination of Contract for Failure to Beoome EffectiveCommenoement of ServicesExpiration of ContraotModificationExtension of Time for CompletionForce MajeureDefinitionNo Breach of ContractExtension of TimePaymentsSuspension of Payments by the ClientTorminationBy the ClientBy the ConsultantsCessation of Services
2.9.4 Payment upon Termination2.9.5 Disputes about Events of TDisputes Events of Termination
3. OBLIGATIONS OF THE CONSI]LTANTS
3.1 General3.2 Consultants Not to Benefit from Commissions, Discounts, eto.3.3 Confidentiality3.4 ProfessionalLiability3.5 Othor lnsurance to be taken out by the Consultants3.6 Consultants' Actions Requiring Clienfs Prior Approval3.7 ReportingObligations3.8 Documents Prepared by the Consultants to be the Propeffy
ofthe Client3.9 Equipment and Materials Fumished by the Clienl3.10 Accounting, Inspection and Auditing
4. CONST]LTANTS'PERSOI\NELA}{DSI]BCONSULTANTS
4.1 DescriptionofPersonnel
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4.2 Removal and/or Replacement ofPersonnel
5. OBLIGATIONSOFTHECLIENT
5.1 Assistance, Coordination and Approvals5.1.1 Assistanoe5.1.2 Co-ordination5.1.3 Anorovals5.2 Aiiess to Land5.3 Changes in the Applicable Law5.4 Services and Facilities5.5 Pa],ments
6.
6 .1o.2o .Jo.r+6.56.6b . l
8.
9.9.19.29.39.49.5uI.
IV
PAYMENTS TO THE CONSULTA}ITS
Lump Sum RemunerationContract PricoTerms and Conditions of PaymentPeriod of PaymentDelayed PaymentsAdditional Services
n
.7 1
1 1
Consultants' Entitlement to Suspend Servicesr/)\
sETTLEMENT o F DrsPlurr;S rrz_((T
Amicabre settlemenr
'"4
DisputeSettlement Z
INTEGRITYPACT
v
THE RIGHTS AND DUTIES OF THE CONSIJLTANTSObligationsIndireot PaymentsRoyaltiesProvision of Expert Technical AdvicePenaltySPECIAL CONDITIONS OF CONTRACT[Details to be finalized by the users]
APPENDICES
Appendix A-Description of the ServicesAppendix B-Reporting RequirementsAppendix C-Key Personnel and Sub oonsultantsAppendix D-Breakdown of Contract Prioe in Foreign CurrencyAppendix E-Breakdown of Contraot Price in Local CunencyAppendix F-Servioes and Faoilities to be Provided by the ClientAppendix G-Integrity Pact
ALTERNATE TITLE PAGE IN CASE OF JVALTERNATE FORM OF CONTRACT IN CASE OF'JV
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(a)(b)(c)
ItIIIItTITtIIIItTITII
[Notes:1.
.'
FORMOFCONTRACT
Use this Form of Contract when the Consultants pedorm Services asSole Consultants.
In case the Consultants perform Semices as a Member of the jointyenture, use the Form ircluded at the end.
3. AII notes should be deleted in the Jinal text.l
This CONTRACT (hereinafter called the is made onmonth) of_ (year), betweon, on the one hand(Hereinafter called the "Client" whioh expression shall include therepresentatives and permitted assigns) and, on the
(hereinafter oalled the "Consultants" which expressionlegal representatives and permitted assigns).
(a) the Client has reouested the Consultantsas defined in the General Conditions(hereinafter oalled the "Services"); and
(b) the Consultants, having represented they have the requiredprofessional skills, and personnel ?esources, have agreed toprovide the Services on the set forth in this Contract;
NOW TffiREFORE the Parties
l. The following shall be deemed to form an inteffalpart of this Confact:
the General
Appendices are not used, the words "Not Used"below/next to the title of the Aopendix and on the
carryW the title of that Appendk.J
Description of the ServicesReporting RequirementsKey Personnel and Sub consultantsBreakdown ofContract Price in Foreign CunencyBreakdown of Contract Price in Local CurrencyServices & Faoilities to be Provided by the ClientIntegrity Pact (for Services above Rs.i0 million;
the
Page 62 of 96
2. The mutual rights and obligations of the Client and the Consultants shall be asset forth in the Contract, in particular:
(a) the Consultants shall carrv out the Services in accordance with theprovisions of the Contract;
-and
(b) the Client shall make palments to the Consultants in accordanoe withthe provisions ofthe Contract.
IN WITNESS WHEREOF, the Parties hereto have oaused this Contract to be signed intheir respective names in two identical counterDarts. each of which shall be deemed asthe original, as of the day, month and year first above writien.
For and on behalf of
Witness
Signatures
Name
(CLIENT)
Signatures
Title
Name
Title
(Seal)
For and on behalfof
Witness (coNSTiLTANTS)
Signatures Signatures
Name
Title
Name
Title
(Seal)
TT
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tIIIIIITTIIIIIIIItIt
(e)
(0
II. GENERAL CONDITIONS OT' CONTRACT
1. GENERALPROVISIONS
Definitions
Unless the context otherwise rcquires, the following terms whenevor used inthis Conhact have the following meanings:
(a) "Applicable Law" means the laws and any other instruments having theforce oflaw in the Islamic Republio of Pakistan, as those may be issuedand in force from time to time;
"Contract" means the Confact signed by the Parties, to which theseGeneral Conditions of Contract (GC) are attached, together with all thedocuments listed in Clause 1 of such signed Contract;
"Contract Price" means the price to be paid for the performance of theServices, in accordance with Clause 6;
"Effective Date" means the date on which this Contract comes intoforce and effoot pursuant to Sub-Clause 2. l;
"GC" means these General Conditions of Contraot;
"Govemment" means the Government of the Islamic Republio ofPakistan and/or Provincial Government(s);
"Foreign Cunency" means currency other than the curency of IslamicRepublic ofPakistan.;
"local Cunency" means the currency of the Islamic Republio ofPakistani
"Member" in case ths Consultants consist of a joint venture of morethan one entity, means any of the entities, and "Members" means all ofthese entities;
"Party" means the Client or the Consultants, as the case may be, andmeans both of them;
"Personnel" means persons hirod by the Consultants or by any Subconsultant as employees and assigned to the performance of theServices or any part thereof;
(b)
(c)
(d)
(g)
(h)
(i)
c)
(k)
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1.2
1.3
IITIIIItIIIIIITIIIII
0) "SC" means the Special Conditions of Contraot by which the GC areamended or supplemented;
(-) "Services" means the work to be performed by the Consultants pursuantto this Contract, as described in Appendix A;
(n) "Sub consultant" means any entity to which the Consultants subcontractany part of the Services in accordanoo with the provisions of Sub-Clause 3.6;
(o) 'Third Party' moans any person or entity other than tlte Client, theConsultants or a Sub oonsultant; and
(p) "Project" means the work speoified in SC for which engineeringconsultancy services are desired.
Law Governing the Contract
This Confact, its meaning and interpretation, and the relation between theParties shall be govemed by the Applioable Law.
Language
This Contract has been executed in the English language which shall be thebinding and controlling language for all matters relating to the meaning orinterpretation of this Contract. All the reports and communications shall be inthe English language.
1.4 Notices
Any notice, request, or consent made pursuant to this Contract shall be inwriting and shall be deemed to have been made when delivered in person to anAuthorized Representative of the Party to whom the oommunication isaddressed, or when sent by registered mail, telex, or faosimilo to suoh Party atthe address of the Authorized Representatives specified under Sub-Clauso SC1.6. A Party may ohange its address for notice hereunder by giving the otherParty notice of such change,
1.5 Location
The Services shall be performed at such locations as are specified in AppendixA and where the looation of a particular task is not so specified, at suchlocations as mutually agreed by the Parties.
1.6 AuthorizedRepresentatives
Any action required or permitted to be taken, and any dooument required orpermitted to be executed, under this Contract by the Client or the Consultants
Page 65 of 96
1.7
TIITtIIIIIIIItIIIII
shall be taken or executed by the Authorized Representatives specified in thesc.
Taxes and Duties
Unless specified in tho SC, the Consultants, Sub consultants, and theirPersonnel shall pay such taxos, duties, fees, and other impositions as may belevied under the Applicable Law, the amount of which is deemed to have beenincluded in the Conhact Price.
Leader of Joint Venture
In case the Consultants consist of a joint venture of more than one entity, theConsultants shall bejointly and severally bound to the Client for fulfillment ofthe terms of the Contract and designate tho Member named in the SC to act asleader of the Joint Venture, for the purpose of receiving instructions from theClient.
2. COMMENCEMENT, COMPLETION, MODIF'ICATION,AND TERMINATION OF CONTRACT
Effectiveness of Contract
This Contract shall come into force and effect on the date (the "EffectiveDate") of the Client's notice to the Consultants instruoting the Consultants tobegin carrying out the Services. This notioe shall oonfirm that the effectivenessconditions, if any, listed in the SC have been mot.
Termination of Contract for Failure to Become Effective
If this Contract has not become effective within such time period after the dateof the Contract signed by the Parties as shall be speoified in the SC, eitherParE may, by not less than twenty eight (28) days written notice to the otherParty, declare this Confact to be null and void, and in the event of such adeclaration by either Party, neither Party shall have any claim against tho otherParty except for the work (if any) already done or costs already incuned by aParty at the request ofthe other Party.
Commencement of Services
The Consultants shall begin carrying out the Services at the end of suoh timeperiod after the Effeotive Date as shall be specified in the SC.
Expiration of Contract
Unless terminated earlier pursuant to Sub-Clause 2.9, this Contract shall expirewhen, pursuant to the provisions hereof, the Services have been oompleted and
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the payments of remunerations including the direot costs if any, have beenmade. The Services shall be completed within a period as is speoified in theSC, or such extended time as may be allowed under Sub-Clause 2.6.
The term "Completion ofServices" is as specified in the SC.
2.5 Modification
Modification of the terms and conditions of this Contract, inoluding anymodification of the scope of the Services or of the Contract hice, may only bemade in writing, which shall be signed by both the Parties.
2.6 Extension of Time for Completion
Ifthe scope or duration ofthe Services is increased:
(a) the Consultants shall inform the Client of the circumstances andprobable effeots;
(b) the increase shall be regarded as Additional Services; and
(c) the Client shall extend the time for Completion of the Servioesaccordingly.
2.1 Force Majeure
2.7.1 Definition
(a) For the purposes of this Contract, "Force Majeure" means an eventwhich is beyond the reasonable control of a Party and which makes aParry's performanoe of its obligations under the Contract impossible orso impractical as to be considered impossible under the circumstances,and includes, but is not limited to, war, riots, civil disorder, earthquake,fire, explosion, storm, flood or other adverse weather conditions,strikes, lockouts or other industrial actions (except where such strikes,lookouts or other industrial actions are within the power of the Partyinvoking Force Majeure to prevent), confiscation or any other action bygovemment agencies.
(b) Force Majeure shall not include (i) any event which is caused by thenegligence or intentional action of a Party or such Party's Suboonsultants or agents or employees, nor (ii) any event which a diligentParty oould reasonably have been expected to both (A) take intoaccount at the time of the oonolusion of this Contract and @) avoid orovercome in the carrying out of its obligations hereunder,
(c) Force Majeute shall not include insufficiency of funds or failure tomake any payment required hereunder.
Page 67 of 96
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eullJo uolsuelxI E'L'7
'lueAe rr€ qcnsJo ecue.r.mcco eq13rnlro11o.; s,{ep (91) ueegg ueql reluy1ou 8q4rar u1 fued reqlo eql peruroJul seq (q) pue :tc€4uoJ slqlJo suolllpuocpuu su[el eql lno d.n€c o] Jepro ur sems€eu eall€rrloll€ elqsuosuer pu€aJ€r onp 'suollnuceJd olq€uoseoJ II€ ua{q s€q (e) :luo o ue qcns .{q pelceg;e,{1re6 eq1 1eq1 pepprold 'a:nefe1r1 ocroC Jo luele ue ruo+ seslru .{tqrqeur qcnss€ J€Josul lc?4uoC slql Joprm llneJep ro to qcea:q E eq ol pereplsuoc eq louIleqs p€4uoJ or{1 roprm suor1u311qo strJ 3o ,{uu llglq ot $n4 e tro ernp.E oqJ
IlIItIIIIIIIIItIIIII
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(b)
tTITITI
(0
(b)
(d)
tTItlIIIIIIII
(e)
2.9,2 By the Consultants
The Consultants may terminate this Contract, by not less than thirty (30) dayswritten notice to the Client, such notice to be given after the occunence of anyofthe events specified in paragraphs (a) through (d) ofthis Sub-Clause 2.9.2:
notified or within any further period as the Client may havesubsequently approved in writing;
if the Consultants bsoome (or, if the Consultants oonsist of more thanone entity, if any of their Members bocomes) insolvent or bankrupt orenter into any agreements with their creditors for relief of dobt or takoadvantage of any law for the benefit of debtors or go into liquidation orreceivership whether compulsory or voluntary;
if the Consultants fail to comply with any final decision reached as aresult of arbitration proceedings pursuant to Clause 7 hereof;
if the Consultants submit to the Client a statement which has a materialeffect on the rights, obligations or interests ofthe Client and which theConsultants know to be false;
if, as the result ofForoe Majeure, the Consultants are unable to performa material portion ofthe Services for a period of not less than sixty (60)days;
ifthe Client, in its sole discretion, decides to terminate this Contract.
if the Client fails to pay any monies due to the Consultants pursuant tothis Contract and not subjoct to dispute pursuant to Clause 7 withinforty-five (45) days after receiving written notioe from the Consuttantsthat such payment is overdue;
if the Client is in material breach of its obligations pursuant to thisContraot and has not remedied the same within forty-five (45) days (orsuch longer period as the Consultants may have subsequently approvedin writing) following the receipt by the Client ofthe Consultants' notiosspeciSing such breach;
if, as a result ofForce Majeure, the Consultants are unable to perform amaterial portion of the Services for a period ofnot less than sixty (60)days;
if the Client fails to comply with any final decision reached as a resultof arbitration proceedings pursuant to Clause 7 hereof.
(c)
(d)
(")
(o)
2.9.3 Cessation of Services
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Upon receipt of notice of termination under Sub-Clause 2.9.1, or giving ofnotice of termination under Sub-Clause 2.9.2, Ihe Consultants shall take allnecessary steps to bring the Services to a close in a prompt and ordorly mannerand shall make every reasonable effort to koep exponditures for this purpose toa minimum. With respect to documents prepared by the Consultants, andequipment and materials fumished by the Client, the Consultants shall proceedas provided, respectively, by Sub-Clauses 3.8 or 3.9.
2.9.4 Payment upon Termination
Upon termination of this Contract pursuant to Sub-Clauses 2.9.1 or 2.9.2, theClient shall make the following payments to the Consultants:
(a) Remuneration and reimbursable direct costs expendifure pursuant toClause 6 for Services satisfactorily performed prior to the effective dateof termination. Effective date of termination for puposes of this Sub-Clause means the date when the prescribed notice period would expire;
(b) except in the case of termination pursuant to paragraphs (a) through (d)of Sub-Clause 2.9.1, reimbursement ofany reasonable oost inoidental tothe prompt and orderly termination of the Contraol including the costof the retum travel of the Personnel, according to Consultants TravelingAllowance Rules.
In order to compute the remuneration for the part ofthe Services satisfactorilyperformed prior to the effeotive date of termination, the respectiveremunerations shall be proportioned.
2.9.5 Disputes about Events of Termination
If eithor Party disputes whether an event specified in paragraphs (a) through (e)of Sub-Clause 2.9.1 ot n paragraph (a) through (d) of Sub-Clause 2.9.2 hereofhas occuned, such Party may, within forty-five (45) days after receipt of noticeof termination from the other Party, refer the matter to arbitration pursuant toClause 7 hereof, and this Contract shall not be terminated on account of suchevent except in accordance with the terms of any resulting arbitral award,
3, OBLIGATIONS OF TIIE CONSI]LTA}ITS
3,1 General
The Consultants shall perform the Services and carry out their obligations withall due diligence, efficiency, and economy, in accordance with genorallyaooepted professional techniques and practices, and shall observe sorurdmanagement practices, and employ appropriate advanced technology and safemethods. Tho Consultants shall always act, in respect of any matter relating tothis Confact or to the Services, as faithful advisers to the Client, and shall at alltimes support and safeguard the Client's legitimate interests in any dealingswith Sub consultants or third oarties.
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Consultants Not to Benefit from Commissions. Discounts. etc.
The remunemtion of the Consultants pursuant to Clause 6 shall constitute theConsultants' sole remuneration in connection with this Contract or the Services,and the Consultants shall not accept for their own benefit any tradeoommission, disoount, or similar payment in conneotion with aotivitiespursuant to this Contract or to the Services or in the discharge of theirobligations under the Contract, and the Consultants shall use their best effortsto ensure that the Personnel, any Sub consultants, and agents of either of themsimilarly shall not receive any such additional remuneration.
Confidentiality
The Consultants, their Sub consultants, and the Personnel of either of themshall not, either during the term or after the expiration ofthis Contract, discloseany proprietary or confidential information relating to the Project, the Services,this Contract, or the Client's business or operations without the prior writtenoonsent ofthe Client.
Professional Liability
The Consultants are liable for the consequence of enors and omissions on theirpart or on the part of their employees in so far as the design of the Project isconcemed to the extent and with the limitations as specified herein below.
Ifthe Client suffers any losses or damages as a result of proven faults, enors oromissions in the design of a project, the Consultants shall make good suchlosses or damages, subject to the conditions that the maximum liability asaforesaid shall not exceed twice the total remuneration of the Consultants fordesign phase in accordance with the terms ofthe Contract,
The liability of the Consultants expires after one (l) year from the stipulateddate of completion of construction or after three (3) years from the date offinalcompletion ofthe design whichever is earlier.
The Consultants may, to protect themselves, insure themselves against theirliabilities but this is not obligatory. The extent of the insuranoe shall be up tothe limit specified in second para above, The Consultants shall procure thenecessary cover before commencing the Services and the cost of procuringsuch cover shall be bome by the Consultants up to a limit ofone percent of thetotal remuneration of the Consultants for the design phase for every year ofkeeping such cover effective.
The Consultants shall, at the roquest ofthe Client indomnifu the Client againstany or all dsks arising out of the fumishing of professional services by theConsultants to the Client, not covered by the provisions contained in the firstpara above and exceeding the limits set forth in second para above provided the
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actual cost ofprocuring such indemnity as well as costs exceeding the limits setforth in fourth para above shall be bome by the Client.
Other Insurance to be taken out by the Consultants
The Consultants (a) shall take out and maintain, and shall oause any Subconsultants to take out and maintain, at their (or the Sub consultants', as thecase may be) own cost but on terms and conditions approved by the Client,insurance against the risks, and for the coverage, as are specified in the SC; and(b) at the Client's request, shall provide evidence to the Client showing thatsuch insurance has been taken out and maintained and that the cunentpremiums have been paid.
Consultantsr Actions Requiring Clientrs Prior Approval
The Consultants shall obtain the Client's prior approval in writing before takingany of the following aotions:
(a) appointing such Personnel as are listed in Appendix-C merely by titlebut not by name;
(b) entering into a subcontract for the performance of any part of theServices, it being understood (i) that the selection of Sub consultantsand the terms and conditions of the subcontraot shall have beenapproved in witing by the Client prior to tho execution of thesubcontract and (ii) that the Consultants shall remain fully liable for theperformance of the Services by the Sub consultants and its Personnelpursuant to this Contract;
(c) any other action that may be specified in the SC.
Reporting Obligations
The Consultants shall submit to the Client the reports and documents specifiedin Appendix B in the form, in the numbers, and within the periods set forth inthe said Appendix.
Documents Prepared by the Consultants to be the Property ofthe Client
All plans, drawings, specifications, reports, and other documents and softwareprepared by the Consultants in accordance with Sub-Clause 3.7 shall becomeand remain the proporty ofthe Client, and the Consultants shall, not later thanupon termination or expiration of this Contrao! deliver (if not alreadydelivered) all such documents and software to the Client, together with adetailed inventory thereof. The Consultants may retain a copy of suchdocuments and software.
Restriction(s) about the future use ofthese documents is specified in the SC.
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3.9 Equipment and Materials Furnished by the Client
Equipment and materials rnade available to the Consultants by the Client, orpurchased by the Consultants with funds provided exclusively for this purposeby the Clien! shall be the property of the Client and shall be markedaocordingly. Upon termination or expiration of this Contraot, the Consultantsshall make available to the Client an inventory ofsuch equipment and materialsand shall dispose of such equipment and materials in accordance with theClient's instructions or afford salvage value of the same. While in possessionof such equipment and materials, the Consultants, unless otherwise instructedby the Client in writing, shall insure them at the expense of the Client in anamount equal to their full replacement value,
3,10 Accornting, Inspection and Auditing
The Consultants (i) shall keep acourate and systematic accounts and reoordsin respect of the Services hereunder, in accordance with intemationallyaccepted accounting principles and in such form and detail as will clearlyidenti$ all relevant time charges, and cost, and the basis thereof, and (ii) shallpermit the Client or its designated representatives periodically, and up to oneyear from the expiration or termination of this Contract, to inspect the sameand make copios thereofas well as to have them auditedby auditors appointedby the Client.
4. CONST]LTAIiITSI PERSO}INEL A}ID SI]BCONSULTA}ITS
Description of Personnel
The titles, agreed job descriptions, minimum qualifications, and estimatedperiods of engagement in the carrying out of the Services of the Consultants'Key Personnel arc described in Appendix C. The Key Personnel and Subconsultants listed by title and./or by name, as the case may be, in Appendix Care deemed to be approved by the Client.
Removal and/or Replacenent of Personnel
(a) Except as the Client may otherwise agree, no changes shall be made inthe Key Personnel, If, for any reason beyond the reasonable oontrol ofthe Consultants, it becomes necessary to replace any of the KeyPersonnel, the Consultants shall provide as a replacement a person ofequivalent or better qualifications;
(b) Ifthe Client, (i) finds that any ofthe Personnel have oommitted seriousmisoonduot or have been oharged with having oommitted a oriminalaction; or (ii) has reasonable cause to be dissatisfied with theperformance of any of the Personnel, then the Consultants shall, at theClient's written request speciffing the grounds therefore, provide as areplacement a person with qualifications and experience acceptable tothe Client.
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(c)
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(") Exoept as the Client may otherwise agree, the Consultants shall; (i) bearall the additional travel and other costs arising out of or inoidental toany removal and/or replacement; and (ii) bear any additionalremuneration, to be paid for any of the Personnel provided as areplacement to that ofthe Porsonnel being replaced.
5, OBLIGATIONS OF THE CLIENT
5,1 Assistance, Coordination and Approvals
5.1.1 Assistance
The Client shall use its best efforts to ensure that the Client shall:
(a) provide at no oost to the Consultants, Sub consultants and Personnelsuch documents prepared by the Client or other consulting engineersappointed by the Client as shall be necessary to enable the Consultants,Sub consultants or Personnel to perform the Services. The documentsand the time within which such documents shall be made available, areas speoified in the SC;
assist to obtain the existing data pertaining or relevant to the oarryingout of the Services, with various Govemment and other organizations.Such items unless paid for by the Consultants without reimbursementby the Client, shall be retumed by the Consultanis upon completion oftle Services under this Contact;
issue to offioials, agents and representatives of the ooncemedorganizations, all suoh instructions as may be neoessary or appropriatefor prompt and effective implementation ofthe Services;
assist to obtain permits which may be required for right-of-way, entryupon the lands and properties for the purposes of this Contract;
provide to the Consultants, Sub consultants, and Personnel any suohother assistance and exemptions as may be specified in the SC.
5.1,2 Co-ordination
The Client shall:
(a) co-ordinate and get or expedite any necessary approval and clearancesrelating to the work from any Govemment or SemiGovemmentAgency, Department or Authority, and other concemed organizationnamed in the SC.
co-ordinate with any otler consultants employed by him,
(d)
(e)
(b)
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5.4
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5.1.3 Approvals
The Client shall accord approval of the documents within such time asspecifled in the SC, whenever these are applied for by the Consultants.
5.2 Access to Land
The Client warrants that the Consultants shall have, free of oharge, unimpededall land of which access is required for the performanoe of the
Changes in the Applicable Law
If, after the date of this Contract, there is any change in the Applicable tawwhioh increases or decreases the cost of the Services rendered by theConsultants, then the remunerations and direct costs otherwise payable to theConsultants under this Contraot shall be increased or decreased accordingly,and conesponding adjustment shall be made to the amounts refened to in Sub-Clause 6.2 (a) or (b), as the case may be.
Services and Facilities
The Client shall make available to the Consultants, Sub consultants and thePersonnel, for the purpose of the Services and free of any charge, the services,facilities and property described in Appendix F at the times and in the mannerspecified in said Appendix F, provided that if such services, facilities andproperty shall not be made available to the Consultants as and when sospecified, the Parties shall agree on; (i) any time extension that it may beappropriate to grant to the Consultants for the performance of the Services; (ii)the manner in which the Consultants shall procure any such services, facilitiesand property ftom other sources; and (iii) the additional payments, if any, tobe made to the Consultants as a result thereofDursuant to Clause 6 hereinafter.
Payments
In consideration of the Services performed by the Consultants under thisContract, the Client shall make to the Consultants such payments and in suchmanner as is provided by Clause 6 ofthis Contract.
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6.4
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6. PAYMENTS TO THE CONSULTANTS
Lump Sum Remuneration
Tho Consultants' total remuneration shall not exceed tho Contract Price andshall be a fixed lump sum including all staff costs, incuned by the Consultantsin carrying out the Services described in Appendix A. Other reimbursabledirect costs expenditure, if any, is specified in the SC. Except as provided inSub-Clause 5.3, the Conffact Price may only be increased above the amountsstated in Sub-Clause 6.2 if the Parties have agreed to additional payments inaooordanoe with Sub-Clauses 2.5. 2.6. 5.4 or 6.6.
Contract Price
(a) Foreign currency payment shall be made in the curency or currenciesspecified as foreign currency or currencies in the SC, and local cuffencypayment shall be made in Pakistani Rupees.
(b) The SC shall speci$ the break up of remuneration to be paid,respectively, in foreign and in local currencies.
Terms and Conditions of Payment
Payment will be made to the account ofthe Consultants and aooording to thepayment schedule stated in the SC. Payments shall be made after theconditions listed in the SC for such payments have been met, and theConsultants have submitted an invoice to the Client specirying the amount due.
Period of Payment
(") Advance payment to the Consultants shall be affected within tho periodspecified in the SC, after signing of the Contract Agreement betweenthe Parties.
(b) Any other amount due to the Consultants shall be paid by the Client tothe Consultants within trrenty-eight (28) days in oase of looal ourrencyand fifty six (56) days in case of foreign cunency after tho Consultants'invoice has been delivered to the Client.
Delayed Payrnents
If the Client has delayed payments beyond the period stated in paragraph (b) ofSub-Clause 6.4, frnanoing oharges shall bo paid to the Consultants for each dayof delay at the rate specified in the SC.
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7.1
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Additional Services
Additional Services means :
(a) Services as approved by the Client outside the Scope of Servicesdescribed in Appendix A;
(b) Services to be performed during tho period extended pursuant to Sub-Clause 2.6, beyond the original sohedule time for completion of theServices; and
(") any re-doing of any part of the Services as a result of Client'sinstruotions,
If in the opinion of the Client, it is necessary to perfotm Additional Servicesduring the currency of the Contract for the purpose of the Project, suchAdditional Services shall be performed with the prior concunence of both theParties. The Consultants shall inform the Client of the additional time (if any),and the additional remuneration and reimbursable direct costs expenditure forsuch Additional Services. If there is no disagreement by the Client within twoweeks of this intimation, such additional time, remuneration and reimbursabledirect costs expenditure shall be deemed to become part ofthe Contract. Suchremuneration and reimbursable direct costs expenditure shall be determined onthe basis of rates provided in Appendices D and E, in case the AdditionalServices are performed during the scheduled period ofthe Servioes, otlerwiseremuneration for Additional Services shall be determined on the basis ofConsultants' billing rates prevailing at the time of performing the AdditionalServices.
Consultantsr Entitl€ment to Suspend Services
If the Client fails to make the payment of any of the Consultants' invoice(excluding the advance pa).ment), within twenty-eight (28) days after theexpiry of the time stated in paragraph (b) of Sub-Clause 6.4, within whichpayment is to be made, the Consultants may after giving not less than fourteen(14) days'prior notioe to the Client, suspend the Services or reduce the rate ofcarrying out the Services, unless and until the Consultants have received thepayment.
This action will not prejudice the Consultants entitlement to financing chargesunder Sub-Clause 6.5.
7. SETTLEMENT OF DISPUTES
Amicable Settlement
The Parties shall use their best efforts to settle amioably all disputes arising outofor in connection with this Contract or its interpretation.
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Dispute Settlement
Aly dispute between the Parties as to matters arising pursuant to this Contractwhich cannot be settled amicably within thirty (30) days after receipt by oneParty of the other Party's request for such amicable settlement may besubmitted by either Party for settlement in accordance with the provisions ofthe Arbitration Act, 1940 (Aot No x of 1940) and of the Rules made thereunder and any statutory modifications thoreto,
Services under the Conhact shall, if reasonably possible, continuo during thearbitration proceedings and no payment due to or by the Client shall bewithheld on account ofsuch proceedings.
8. INTEGRITYPACT
If the Consultant or any of his Sub consultants, agents or servants is found tohave violated or involved in violation of the Integrity Pact signed by theConsultant as Appendix-G to this Form of Contract, then the Client shall beentitled to:
(a) recover ftom the Consultant an amount equivalent to ten times the sumof any commission, gratification, bribe, frnder's fee or kickback givenby the Consultant or any ofhis Sub oonsultant, agents or servants;
(b) terminate the Contract; and
(c) recover from ths Consultant any loss or damage to the Client as a resultof suoh termination or of any other comrpt business practices of theConsultant or any ofhis Sub consultant, agents or servants.
On termination of the Contract under Sub-Para (b) of this Sub-Clause, theConsultant shall proceed in accordance with Sub-Clause 2.9.3. Payment uponsuch termination shall be made under Sub-Clause 2.9.4 (a) after havingdeducted the amounts due to the Client under Sub-Para (a) and (c) of this Sub-Clause,
trI. SPECIAL CONDITIONS OF CONTRACT
No. I Amendments of, and Supplements to, Clauses in the General ConditionsofGC lofConhactClause
1,1 Definitions
(p) "Projecl"means.. . . . . . . . . . . . . . . .
1.6 AuthorizedRepresentatives'./.._
e Authorised Representatives are the following:
For the Client:. . ' . ' " ' ] . , \ .. : ! l , i " t . ' - " ta," i'
,: . ". f'."t)"j* ,. " . , ; . . - ' t \J: . :1r
" . - , . , - . . - : . - : ' . ' - i q i t . . ' r
r * " ';.i,ll
'- ' .,.e.-,1
. . - . . . , -
- - r . . - . : i : . " -+ '; - ' ' ' - - ' . , . :
1:.:?.3.:a.l{.rr'
. - ' - ' : , , . , \ .
. : ! l , i " t . ' - " t4," !:*,'si -!\-"l}'i 'ii"-. . ' : . . ! . . r . - . . "Y '* . \ -* l
the resoonsibilitv ofthe Consultants in accordance
be deleted in Jinal text. All blanlc should be flled in-J
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Leader ofthe Joint Venture
Tho leader of the Joint Venture is .................................... (name of tle Memberofthe Joint Venture).
[Note: If the Consultants do rnt consist of more than one entity, the S:ub-Clause-L.8 should be deleted.l
Effectiveness of Contract
This contract shall come into effect after signing ofthe conhact.
Termination of Contract for Failure to Become Effective
The time period shall be thirty (30) days,may agree in writing.
Commencement of Services
or such other oeriod as the Parties
The Consultant shall commence the servioes forof Letter Of Acceptanoe (LOA).
Expiration of Contract
from theas the Parties may
The Consultants shall le and accountable for the:(a) Non tulfillment to the Employer on account of
of his duties and care in theproblems withperformance,* fog on, (d) Non-provision of oontractadministrati Payment Certificate etc. The consultantsare of errors and omissions on their part or on thepart of far as the Design of the project is concemed to the
as specified herein below. lf the Employeras a result of oroven faults. errors or omissions in the
duties oerformed bv the oonsultant in oonneotionwhioh have boaring on the safety, security and performance of
consultants shall make good such losses or damages, subject tothat the maximum liability as aforesaid shall not exceed twice
remuneration of the consultants under professional liability insurance.insurance shall remain in force for a oeriod of three calendar vears after
I
Completion ofthe Services.
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Insurance to be taken out by the Consultants
The risks and the coverage's shall be as follows:
(a) Professional Indemnity Bond for twice the Feasibility and DesignRemuneration, in the joint name of client and consultant shall beprovided as PEC regulations. The oonsultant is to cover this cost in hisoverheads.
o)
(c)
5.1.1 Assistance
(") The Client shallCommencement
Insurance against loss ofor damage to equipment purchased in whole orin part with funds provided under the Contract.
The Travel, MedioaU Hospitalization and accident cover for allEmployeos and professional staff of Consultant and as approved by theEmployer.
The Client and the Consultants shall not use theseunrelated to this Contract without the prior written
*.*S*Documents prepared by the consuuants to be rhe properrydll_iffiTjl
makeDate,
This list if wananted shall be
(e) Other be provided by the Clientare..
shall accord approval of the documents immediately but not laterthan fourteen (14) days from the date of their submission by the Consultants.
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ttItTItI
Lump Sum Remuneration
[Note: In case there are other expenditures in respect ofwhich reimbursementis allowed in addition to the lump sum remuneration, details of suchreirnbursable direct costs e4tenditure which may include Subconsultants' costs, pfint@, communication4 ttat)el, accommodationetc., mtry be indicated herein. Each item shall be specifud whether it ispayable on the basis of (a) Iump sum monthly rate; or (b)reimbursement of actual expenditure s.lThe payment of Mobilization advance up to 10% of feasibility anddesigl oost remuneration, if approved, shall be made against a validBank Guarantee from an approved schedule bank on an approvedformat,
Contract Price(a) The amount in foreign cunency is ........... u** *,j
A lump sum amount in local currencies asainstshall be paid to the Consultants for the
AS PER TOR
Period of Payment(a) The time period for shall be .......................( ) days
after bv both the Parties. fFill in the
= ------ percent (_%) per annum.- eight percent (%) per annum.
the parties as to the matters pursuant to this contractbe settled amicably with in thirty days after receipt by one party
party's request for such amicable settlement may be submitted byeither party for settlement in accordance with the provisions of Arbihation Act1940 as amended from time to time and the rules thereafter. Services under thecontract shall continue during the Arbitration proceedings. The venue ofarbitration proceedings shall be in Islamabad (Pakistan) and the conclusions ofarbitration committee shall be bindins on both narties.
Delayed
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9. THE RIGHTS AIID DUTIES OF'TIIE CONSULTANTS
9.1 The Consultants shall fulfill their obligations under this Contract using the bestteohnical knowledge and accoding to the accepted professional standards. Itshall exercise all reasonable skill, care and diligence in the discharge of thoduties to be performed and shall always act as the faithful advisor to and in thebest interest of the employer.The Consultants personnel shall at all times endeavor to observe and respectall laws, rules, regulations and customs prevailing within the Islamio Republicof Pakistan.
9,2 Indirect Payments:The Consultant shall throushout the Services not have nor oermithave, any direct or indirect financial participation inconstruction contracts for the Work to be suoervised undershall ensure that no payments are accepted by it or itsthe Contraot other than under this Contract. Anv suchevidence shall construe as act of default and thelegal action against the Consultant or their staff
9.3 Rovalties:
The Consultant shall save harmless and and againstall olaims and proceedings for on of any patent rightdesier trademark or name or other to any patenteddesigns features or equipment carrying out tle servicesand shall pay all royalties
9.4 Provision of ExpertThe Consultant time during the project to provide
Client who may ask and need suchfeature of t}te Project. The Consultant will
all such services not covered in the orisinal
fails to comply with the time to completion as given in thoClient will impose a penalty at the rate of 0.05% of the fee as
Appendix-C for each day of delay up to a maximum of 10% of the
10, In case ofDispute, the priority order ofthe documents in contraot is asfollows:
i. Contract agleementii. LetterofAooeptanoe
iii. Minutes of negotiations meetingiv. Special Condition of Contraot
.sEmce on an,5pnseparaftly-..oo-foptu,1.
"t' r .'..-, - '' .:
"fu$,n
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v. General condition of Contractvi. Any other dooument requiring being part of the contract.
11. Disclosure Clause:
Consultant hereby declares that it has not obtained or induced the procurementof any contraot, right, interest, privilege or other obligation or benefit fromGovemment of Pakistan (GoP) or anv administrative subdivisionthereof or any otler entity ownod or oontrolled by it (GoP) throughbusiness practice. hWithout limiting the generality of the foregoing,Consultantwarrants that it has fully declared the brokerage,payable to anyone and not given or agreed to give andto give to any over within or outside Pakistan eitherthrough any natural or juridical person, includingbroker, consultant, director, promoter, shareholdercommission, gratificatiorq bribe, finder'sconsultation fee or otherwise. with theprocurement of a contract, right,
described asincluding theobligation or
has been exoresslv
firll disclosure of allrespect of or related to the
or will not take any action to
benefit in whatsoever form fron;GoPdeclared pursuant hereto. *-*Consultant certifi catesagreements andtransaotion with GoP
obto
in *&bride,
oiroumvent tho or warranty.Consultant
'and strict liability for making any false
declaration,. not rc, misrepresenting facts or takrng anyof this deolaration. representation andaction
contract, right, interest, privilege or otheror prooured as aforesaid shall, without prejudice
remedies available to GoP under anv law. oontraot orvoidable at the ootion ofGoP.
any rights and remedies exercised by GoP in this regard,to indemnity GoP for any loss or damaged incuned by it on
its corrupt business practices and further pay compensation to GoPequivalent to ten time the sum of any commission, gratification,
finder's fee or kickback given by the Consultant as aforesaid for thepurpose of obtaining or inducing the procurement of any contract, right,interest, privilege or other obligation or benefit in whatsoever form from GoP.
Page 84 of 96
96 Jo S8 e6pd
SgJIqNtrd.[Y AI
Appendix A
Description of the Services
[Give detailed descriptions of the Services to be provided, dates for completion ofvarious tasks, place of performance for different tasks, specific tasks to be approvedby Client, eto.l
Pase 86 of 96 Z'W
Appendix B
Reporting Requirements
Pursuant to Sub-Clause GC-3.7, the Consultants shall submit the following reports:
[List forma! frequency, and contents of reports; persons to receive them; dates ofsubmission and the number of oopies of eaoh submittal; etc, If no reports are to besubmitted, state here "Not applicable".]
Page 87 of 96
[Listunder: C-l
c-2
Appendix C
Key Personnel and Sub consultants
Title [and names, if already available], activities of jobdescriptions of key Personnel to be assigned to work andstaff-months for each.
List of approved Sub oonsultants (ifalready available); sameinformation with rospect to their Personnel as in C-l.1
Page 88 of 96
Appendix D
Breakdown of Contract Price in Foreign Currency
ll-ist here the elements of cost used to arrive at the breakdown ofthe Contract Price-foroign ourrency portion:
1. Remuneration for various items on the basis ofrates
2. Other reimbursable direct costs
Page 89 of 96
96 Jo 06 36ed
[.5'S CS asnolJ-qns qt!& acuoprocco ut sachras puolltryv,tot uogotaunwat 8u1u1wapp lot pasn aq Qatlsnlcxa 1pu npuaddo su11 'Z
'sa"nltpuadxa pryao lotuaaas"&qalat (q) fi :atot,Q4luoa nns dwnl @) lo slsoq aqt uo alqo,bd s1 1tnqlaqu pagllcads aq yoqs a,mypuadxa s$oc tra. p a1qnstnqwtat lo ua qcDg 'I
:aloN
'(Z + I) = elntrpuedxe qsoc 1ce.up elq?srnqrurer pue uorpreunurer 'leloJ '€
stsor reqlo (r)
'c1e 8u11erre;1 (p)
:slsocpolslcossp Jorltro pue 'ecupuelureur pue Suumr 3u1pnlcur godsue.rl (")
'ssl1ddns eclgo'ernllrutupue lusurdmbe ocrJlo 'ecrJlo
Jo ocrreuolul€tu pue uolle,redo (tDllueurdrnbe pue SulqsFrry (lD
:sluluer (D
:ol petuler somlpuedxe acg;6 (q)
tyels pe8reqc >1.ro.r pue 'ge1s uoddn5 (e)
:ol pe1elor erqlpuedxe slsoc purp elqssmqwroJ reqlo 'Z
'pss.r8e ,(1pn1nru w soleJ Jo srseq eql uo suelr snorJ€A JoJ uo]lerermwe1 'I
:uoygod Kcue,rmc yecoy-eclJd lc€4uoJ sqlJo u \op{€oJq oql tu eAIJr€ ol pasn lsocJo slueurale eq1 ereq p11]
aruerrnJ IEcoT tr! eclrd lctr'troJ Jo trraop{€erg
IIIIIIIIIIIIIlIIIIII
g x;puaddy
Appendix F
Services and Facilities to be Provided by the Client
IIItII
Page 9l of 96
ZE
ttIlItIIIIIIIIIIII
Appendix G
(INTEGRITY PACT)
DECLARATION OF FEES, COM]VtrSSION AND BROKERAGE ETC.PAYABLE BY TIIE SUPPLIERS OF GOODS. SER\'ICES & WORKS IN
CONTRACTS WORTII RS. IO.OO MILLION OR MORE
Conhact No. DatedContract Value:Contact Title:
[narne of Supplied hereby declaxes that it has notobtained or induced the procurement of any contract, right, interest, privilege or otherobligation or benefit from Goyerffnent of Pakistan (GOP) or any administrativesubdivision or agency thereof or any other entity owned or contolled by GOPthrough any comrpt business practice
Without limiting the generality of the foregoing, [name of Supplier] represents andwaffants that it has fully declaxed the brokerage, commission, fees etc. paid orpayable to anyone and not given or agreed to give and shall not give or agree to giveto anyone within or outside Pakistan either directly or indirectly through any naturalor juridical person, including its affiliate, agent, associate, broker, consultantdirector, promoter, shareholder, sponsor or subsidiary, any commission,gratificatioq bribe, frncler's fee or kickback, whether described as consultation fee orotherwise, with the object of obtaining or inducing the procurement of a contract,right, interest, privilege or other obligation or benefit in whatsoever fonn from GOP,except that which has been expressly declared pursuant hereto.
[name of Supplier] certifies that it has made and will make full disclosure of allagreements and arrangements with all persons in respect of or related to thetrarsaction with GOP and has not taken any action or will not lake any action tocircumvent the above declaration, representation or warranty.
[name of Supplier] accepts fi.rll responsibility and stict liability for making any falsedeclaration, not making full disclosure, misrepresenting facts or taking any actionlikely to defeat the purpose of fhis declaration, representation and warranty. It agreesthat any conftact, righl interest, privilege or other obligation or benefit obtained orprocured as aforesaid shall, without prejudice to any other rights and remediesavailable to GOP under any la% contract or other instrument, be voidable at theoption of GOP,
Notwithstanding any rights and remedies exercised by GOP in this regard, lname ofSupplier] agrees to indemnifr GOP for any loss or damage incurred by it on accountof its comrpt business practices and frrther pay compensation to GOP in an amountequivalent to ten time the sum of any commission, gratification, bribe, finder's fee orkickback given by fname of Supplier] as aforesaid for the purpose of obtaining orinducing the procurement of any conftact, right, interest, privilege or other obligationor benefit in whatsoever form from GOP.
Name ofBuyer:Signature:
ISeal]
Name of Seller/Supplier: ...,....,..,S igna tu re : . . . . . . . . . . . . . . . . , . . . , . . . . , . . . .
ISeal]
It
Page 92 of 96
CONTRACT FOR ENGIIIEERING CONSIJLTAIICY SER}TCES
between
(NAME OF THE CLIENT)
and
(NAME OF TIIE JOINT WNTURE OF THE CONSULTAI\TS)
for
(BRTEF SCOPE OF SER\{CES)
(NAME OF PROJECT)
Month and Year
CNAME OF TIIE JOINT VENTIJRE OF THE CONSULTANTS)(Name of Individual Consultants)(Name of Individual Consultants)
OF
Page 93 of 96
NO
1.
IIIItIItIIttIItItItI
FORM OFCONTRACT
[Note: Use this Form of Contract when the Consuhants perform Sewices as a JointVenture.
This CONTRACT (hereinafter called the "Contract") is made on the(month) of (year), between, on the
day of
(hereinafter called the "Client" which expression shallrepresentatives and permitted assigns) and, on the otheqconsisting of the following entities, eaoh of whiohto the Client for all the Consultants' oblisations under
(hereinafter collectively which exoression shall include itssuccessors, legal ) .
WHEREAS
(a) the Consultants to provide oertain consulting servicesConditions of Contract attached to this Contract
"Services"); andrepresented to the Client that thev have the required
and oersonnel and technical resources. have asreed toServices on the terms and conditions set forth in this Contractl
the Parties hereby agree as follows:
The following documents attached hereto shall be deemed to form an integralpart of this Contract:
(a) the General Conditions of Contract;(b) the Speoial Conditions ofContraot;(c) the following Appendices:
If any of these Appendices are not used, the words "Not Used" shouldbe inserted below next to the title of the Appendix and on the sheetattached hereto carrying the title of that Appendix.JAppendix A: Description of ServicesAppendix B: Reporting RequirementsAppendix C: Key Personnel and Sub-consultantsAppendix D: Breakdown of Contract Price in Foreign Cunency
Page 94 of 96
Appendix E: Breakdown ofConhact Price in Local CurrencyAppendix F: Services & Facilities to be Provided By the Client and
Counterpart Personnel to be Made Available to theConsultants by the Client.
Appendix G:Integrity Pact (for Services above Rs. l0 Million)The mutual rights and obligations ofthe Client and the Consultants shall be asset forth in the Contract, in particular:(a) the Consultants shall carry out the Services in accordance with the
provisions ofthe Contract; and(b) the Client shall make payments to the Consultants in
the provisions ofthe Contract. tt,
IN WITNESS WHEREOF, tho Parties hereto have causedin their respective names in two identical parts each oforiginal, as ofthe day, month and year first above written.
(Seal)
it,r or and on behalf of
' *flF. . . ,
' i , , ' r ' j
'?1:l::t 'rar*'t*,Yll -
Witneff
VENTURE OF TIIE CONSULTANTS
Name of Member No. I
SignatureName
(Seal)
Name of Member No. 2
SignatureName
SignatureNameTitle
SignatureNameTitle
Page 95 of 96
Witness
SignatureName _Title