national highway authority

Say No to Corruption

National Highway Authority

REQUEST FOR PROPOSAL

qoK

CoxsuLTANCv SanvrcEs

FOR

DnsrcN AND CoxsrRUCTroN SupnnvrsroNOF INTELLIGENT TNAXSPORTATION

SvsrnM (ITS) IxsrALLArroN ArHarr,A-D. f. Kuax MoroRwAY

Tender No. 6(499)

(Aage 1 to 124)

JaNuany12020

Fnifno'r ri$r.,..Ars

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Say No to Corruption Table of Contents

Table of Contents

Description Page No.

Letter of Invitation (LO! (ii)

Attachments (iiD

Instructions to Consultants 01

Data Sheet 09

Technical Proposal Forms 20

Financial Proposal Forms 36

Appendix A (Terms of Reference) 47

Appendix B (Person-Months and Activity Schedule) 70

Appendix C (Client's Requirements from the Consultants) 7l

Appendix D (Personnel, Equipment, Facilities, and 72other services to be provided by the Client)

Appendix E (Copy of Model Agreement) 73

Design and Construction Supervision of ITS Installation at Hakla-D. I. K. Motorway

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Say No to Corruption Letter of Invitation

GOVERNMENT OF PAKISTAIINATIONAL HIGHWAY AUTHORITY

28-Mauve Area, G-9/1, Post Box No. 1205,ISLAMABAD

Dated theRef No.

LETTER OF INVITATION

To,

Gentlemen!

All consultants

We extend warm welcome to you and invite you to participate in this project. Wehope that you will live up to your reputation and provide us accurate information so that theevaluation is carried outoojust and transparent". Please understand that the contents of this RFP,where applicable, shall be deemed part of the contract agreement. An example to this affect canbe the contents of your work plan and methodology which you shall be submitting in yourTechnical Proposal. Since that is the basis of the selection, therefore, it shall become part of thecontract agreement subject to approval/revisions of the same by NHA during the negotiations.Similarly, all other services and the content contributing to services shall be deemed part of thecontract agreement unless it is specifically mentioned for any particular item up-front in yourTechnical Proposal which obviously will make your Proposal a conditional proposal whereby,authorizing NHA to may or may not consider to evaluate your Proposal. Please understand that ifno such mention appears up-front (i.e. on front page of Technical Proposal) then it shall be deemedthat the consultant is in 100% agreement to the above. You are also advised to kindly read the RFPthoroughly as it can drastically affect the price structure for various services which may not beappearing directly in the terms of reference. In the end, we appreciate your participation and hopethat you will feed a good proposal to merit consideration by NHA.

Your attention is particularly drawn towards paragraph 1.10. 3.1.1" subparagraph 3.1.2 (d).paragraphs 3.1.3. 3.1.5. 5.2.1 and 6.5 of Instructions to Consultants (Annex A) as well assubparagraphs 1.7 (v)" 1.7 (vii). 1.7 (viii). 1.8 (a) and 1.8 (b) in Data Sheet (Annex B) and Noteunder the Table for check list of Required Forms (in Technical Propsal) to avoid the risks ofDisqualification/ Rejection/ loosing marks/ Penaltv.

However. the Client at its own discretion reserves the right to EITHER seek clarification on non-compliance of the Instructions and rectifu or not the shortcomings only in Technical Proposals[rnder similar treatment to each consultant). OR not. prior to opening of Financial Proposals(which shall be kept unopened till complete evaluation of Technical Proposals). No alteration inFinancial Proposals shall be made except during the negotiations subject to Procurement ofConsultancy Services Regulations 2010 as notified by Public Procurement Regulatory Authority.

General Manager (P&CA)Telephone: +92-5 1 -9032727,

Fax: +92-51 -9260419E-mail : [email protected],

Website: www.nha. eov.pk

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Design and Construction Supervision of ITS Installation at Hakla-D. L K. MotorwayTI

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Say No to Corruption Attachments

ATTACHMENTS

Instructions to Consultants

Data Sheet

Technical Proposal Forms

Financial Proposal Forms

Appendix A (Terms of Reference)

Appendix B (Person-Months and Activity Schedule)

Appendix C (Client's Requirements from the Consultants)

Appendix D (Personnel, Equipment, Facilities, and other services to be provided by theClient).

Appendix E (Copy of Model Agreement)

Design and construction Supervision of ITS Installation at llakla-D. I. K. Motorway

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1 .1

1.2

1 .3

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1 .5

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1 .7

Say No to Corruption Instructions to Consultants

1 .

INSTRUCTIONS TO CONSULTANTS

GENERAL

Desiring consultants are invited to submit a technical and a financial proposal forconsulting services required for the assignment named in the attached Data Sheet (Annex

B). The proposals could form the basis for future negotiations and ultimately a Contractbefween the selected Consultant and the Client named in the Data Sheet.

A brief description of the assignment and its objectives are given in the Data Sheet which

are elaborated in Appendix A (Terms of Reference) to this RFP.

The assignment shall be implemented in accordance with the phasing indicated in the DataSheet. (When the assignment includes several phases, continuation of services for the nextphase shall be subject to satisfactory performance of the previous phase, as determined by

the Client).

The Client (NHA) has been entrusted the duty to implement the Project as ExecutingAgency by GOP and funds for the project have been approved and provided in the budgetfoi utilization towards the cost of the assignment, and the Client intends to apply part of

the funds to eligible payments under the Contract for which this LOI is issued.

To obtain first-hand information on the assignment and on the local conditions, you are

encouraged to pay a visit to the Client before submitting a proposal and attend a pre-

proposul confeience if specified in the Data Sheet. Your representative shall meet the

officiat named in the Data Sheet. Please ensure that the official is advised of the visit in

advance to allow adequate time for him to make appropriate anangements. You must fully

inform yourself of local conditions and take them into account in preparing your proposal.

The Client shall provide the inputs specified in the Data Sheet, assist the Consultants in

obtaining licensei and permits needed to carry outthe services, and make available relevantproject data and reports.

It is notified that:

The cost of preparing the proposal and of negotiating the Contract, including visit

to the Client, are not reimbursable as a direct cost of the Assignment, and

ii. The Client is not bound to accept any

An invitation to submit proposals has beenSheet.

Conflict of Interest

or all of the proposals submitted.

sent to the firms as li

\Y.'ii,"*- . -

The Consultant is required to provide professional, objective, and impartial dd$i.tpg, at,all

times holding the Client's interests paramount, strictly avoiding conflicts with other

assignments or its own corporate interests, and acting without any consideration for future

work.

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b.

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Say No to Corruption lnstructions to Consultants

The Consultant has an obligation to disclose to the Client any situation of actual or potential

conflict that impacts its capacity to serve the best interest of its Client. Failure to disclose

such situations may lead to the disqualification of the Consultant or the termination of its

Contract andl or debarring by the Client.

Without limitation on the generality of the foregoing, and unless stated otherwise in the

Data Sheet. the Consultant shall not be hired under the circumstances set forth below:

Conflicting activitiesConflict between consulting activities and procurement of goods. works or non-

consulting services: a firm that has been engaged by the Client to provide goods,

works, or non-consulting services for a project, or any of its Affiliates, shall be

disqualified from providing consulting services resulting from or directly related to

those goods, works, or non-consulting services. Conversely, a firm hired to provide

consulting services for the preparation or implementation of a project, or any of its

Affiliates, shall be disqualified from subsequently providing goods or works or

non-consulting services resulting from or directly related to the consulting services

for such preparation or implementation.

Conflicting assignmentsConflict among consulting assignments: A Consultant (including its Experts and

Specialist Sub-consultants) or any of its Affiliates shall not be hired for any

assignment that, by its nature, may be in conflict with another assignment of the

Consultant for the Client.

Conflicting relationshipsRelationship with the Client's staff: a Consultant (including its Experts and

Specialist Sub-consultants) that has a close business or family relationship with a

professional staff of the Client, who are directly or indirectly involved in any part

of (i) the preparation of the Terms of Reference forthe assignment, (ii) the selection

process for the Contract, or (iii) the supervision of the Contract, may not be awarded

a Contract, unless the conflict stemming from this relationship has been resolved in

a manner acceptable to the Client throughout the selection process and the

execution of the Contract.

d. Any other types of conflicting relationships as indicated in the Data Sheet.

I .10 A firm may submit its proposal for the Assignment either as an independent Consultant or

as a Member of a JV Consultants but participation of a firm occurring in more than oneproposal for the Assignment is not allowed. In case a firm participates in mproposal, all such proposals shall be disqualified and rejected. However,does not apply for individual Specialist Sub-consultant(s).

)

2.1

DOCUMENTS

To prepare a proposal, please use the attached Forms/Documents listed in the

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2.2

2.3

3.

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Consultants requiring a clarification of the Documents must notiff the Client, in writing,

not later than Fourteen (14) days before the proposal submission date. Any request for

clarification in writing, or by cable, telex or tele-fax shall be sent to the Client's addressindicated in the Data Sheet. The Client shall respond by cable, telex or telefax to such

requests and copies of the response shall be sent to all invited consultants.

At any time before the submission of proposals, the Client may, for any reason, whether at

its own initiative or in response to a clarification requested by an invited consulting firm,

modifythe Documents by amendment. The amendment shall be sent inwriting or by cable,

telex or telefax to all invited consulting firms and will be binding on them. The Client may

at its discretion extend the deadlines for the submission of proposals.

PREPARATION OF PROPOSAL

Desiring consultants will submit a Technical and a Financial Proposal. The proposals shall

be written in English language.

3.1 Technical Proposal

3.1.1 The Technical Proposal should be submitted using the format specified and shall include

duly signed and stimped forms appended with the RFP. This is a mandatory requirement

for evaluation of proposals and needs to be filled up carefully.

The proposals should be bound in the hard book binding form to deny the possibility of

removaf or addition of page(s). All the pages of proposals must be signed and stamped in

original by authorized-representative of the firm/W. All the pages must be numbered

starting from first page to iast. Any proposal found not adhering to these requirements may

be rejected.

3.1.2 In the Technical Proposal, the general approach and methodology shall be proposed.for

carrying out the seivices covered in the Term of Reference, including such detailed

information as deemed relevant together with consultant's appreciation of the Project from

provided details and

b.

A detailed overall work programme to be provided with timing of the assignment

of each Key Personnel or other staff member assigned to the Project.

An estimate of the total number of person-months and Project duration required'

Clear description of the responsibilities of each Key Personnel within the overall

work programme.

The Curriculum Vitae of all Key Personnel and an Affidavit on stamp paper duly

attested by Oath Commissioner to the effect that the proposed personnel shall be

available ior the assignment in the project duration and their present place of duty

must also be mentioned. Failure to provide the Affidavit may result in to no further

evaluation of the proposal. The consultants are advised to suggest such names that

shall be available for the Assignment.

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a.

d.

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The Technical Proposal shall include duly filled in forms provided in thi

name, background, and professional experience of each Key Persf

besign and construction Supervision of ITS Installation at l{akla-D. I. K. Motorway

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his experience of work of aassigned to the Project with particular reference tonature similar to that of the proposed assignment.

f. Current commitments and past performance are the basic criteria in evaluation ofTechnical Proposal. Consultants are required to provide the details of presentcommitments/ongoing jobs as referred in the Form TECH-9 of Technical Proposal.Further, the basis for considering the past performance is the report from DesignSection and Construction Wing of NHA.

3.L3 While preparing the Technical Proposal, consultants are expected to examine all terms andinstructions included in the RFP. Failure to provide all requested information shall be atconsultant's risk and may result adversely in the scoring of the proposal. The proposalshould be prepared as per RFP and any suggestion or review of staff etc. should be clearlyspelt out in Form TECH-4. This will be discussed at the time of negotiation meeting asand when called.

Penalty against non-compliance with the maximum page requirement based in the'CHECKLIST OF REQUIRED FORMS'provided inthe Section ofTechnical ProposalForms will be one (01) score point per excess page to be deducted from the total technicalscore. The consultants are instructed to submit the CVs of Key Personnel by truly followingthe format attached at Form TECH-S. The CV's submitted on format in deviation to thatspecified are susceptible of scoring low.

3.1.4 During preparation of the Technical Proposal, consultants must give particular attention tothe following:

Consultant may utilize the services of expatriate experts but only to the extent forwhich the requisite expertise is not available with any Pakistani firm. In case of JV,the proposal should state clearly partners will be "Jointly and Severally" responsiblefor performance under the Contract and One (Representative) partner will be solelyresponsible for all dealings with the Client on behalf of the JV. Its Power ofAttorney on this account is to be enclosed. The Representative partner shall retainthe responsibility for the performance of obligations and satisfactory completion ofthe consultancy services. PEC registers a foreign consulting firm for issuing licenseto provide consultancy services in Pakistan, which is based on formation of JV withthe condition that the foreign consulting firm shall provide only that share ofconsultancy services by the JV for which expertise is not available with Pakistaniconsulting firms. A copy of JV agreement to be provided at the time of finalizingthe contract documents with specific responsibilities and assignments to be lookedafter by each partner.

Subcontracting part of the assignment to the other consultants is discouraged andonly individual Specialist Sub-Consultants (having unique expertise which is notavailable with others) may be included.

The Key Personnel proposed shall preferably be permanent employees of the firmunless otherwise indicated in the Data Sheet.

The estimated number of Key Personnel person-months requiredAssignment is stated in the Data Sheet. The proposal should be basedof Key Personnel person-months substantially in accordance wi

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number. However, consultants may propose changes in the light of their experiencethrough particular comments on the TOR.

v. Proposed personnel should have experience preferably under conditions similar tothose prevailing in the area of the Assignment. The minimum required experienceof proposed Key Personnel shall be as listed in the Data Sheet.

vi. No alternative to Key Personnel may be proposed, and only one curriculum vitae(CV) may be submitted for each position.

vii. If the Data Sheet specifies training as a major component of the Assignment, adetailed description of the proposed methodology, staffing, budget and monitoringis to be provided.

3.1.5 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 andindicated in the TOR shall be included in the Technical Proposal. A Technical Proposalcontaining any financial information will be treated as non-responsive resultinq in torejection of the proposal.

3,2 Financial Proposal

3.2.1 The Financial Proposal should be submitted using the format specified and enclosed rviththis RFP. This is a mandatory requirement for evaluation ofproposals and needs to be filledup carefully. The total cost is to be mentioned in the Form FIN-7 and accordingly in FormFIN-I too.

3.2.2 The Financial Proposal should list the costs associated with the Assignment. Thesenormally cover remuneration for staff in the field and at headquarters, per diem, housing,transportation for mobilization and demobilization, services and equipment (vehicles,office, equipment, furniture, and supplies), printing of documents, surveys, andinvestigations. These costs should be broken into foreign (if applicable) and local costs.The Financial Proposal should be prepared using the formats attached as Forms FIN- I toFIN- 7.

3.2.3 The Financial Proposal shall also take into account the professional liability as providedunder the relevant PEC Bye-Laws and cost of insurances specified in theData Sheet.

3.2.4 Costs may be expressed in currency (s) listed in the Data Sheet.

4. SUBMISSIONOF'PROPOSALS

4.I Consultants shall submit one original Technical Proposal and one original FinancialProposal and the number of copies of each indicated in the Data Sheet. Each proposal shallbe in a separate envelope indicating original or copy, as appropriate. All TechnicalProposals shall be placed in an envelope clearly marked "Technical Proposal" and theFinancial Proposals in the one markedooFinancial Proposal". These two envelopes, in turn,shall be sealed in an outer envelope bearing the address and information indicated in theData Sheet. The envelope shall be clearly marked, "DO NOT OPEN, EXCEPT INPRESENCE OF THE EVALUATION COMMITTEE.''

4.2 In the event of anygovern. The original

discrepancy between the copies of the proposal, theand each copy of the Technical and Financial

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Design and Construction Supervision of ITS Installation at Hakla-D. L K. Motoruray

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Say No to Coruption Instructions to Consultants

prepared in indelible ink and shall be signed by the authorized representative of theconsultant. The representative's authorization shall be confirmed by a written power ofattorney accompanying the proposals. All pages of the Technical and Financial Proposalsshall be signed by the person or persons signing the proposal.

The proposal shall contain no interlineations or overwriting except as necessary to conecterrors made by the consultants themselves. Any such corrections shall be initialed by theperson or persons signing the proposal.

4.4 The completed Technical and Financial Proposals shall be delivered on or before the timeand date stated in the Data Sheet. The location for the submission of proposals is indicatedin the Data Sheet.

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5.1

5 .1 .1

The proposals shall be valid for the number of days stated in the Data Sheet from the dateof its submission. During this period, consultants shall keep available the Key Personnelproposed for the Assignment. The Client shall make its best effort to complete negotiationsat the location stated in the Data Sheet within this period.

PROPOSAL EVALUATION

Evaluation Procedure and Criteria

A quality cum cost based procedure shall be adopted in ranking of the proposals. Thetechnical evaluation shall be carried out first, followed by the financial evaluation. Firmsshall be ranked using a combined technical/financial score.

5.1.2 The evaluation committee will conect any computational errors in Financial Proposals.When correcting computational errors, in case of discrepancy (i) between a partial (sub-total) amount and the total amount, or (ii) between the amounts derived by multiplying unitprice with quantity and the total price or (iii) between words and figures, the formers willprevail. However, items described in the Technical Proposals but not priced, in theFinancial Proposals shall be assumed to be included in the prices of other activities or itemsand no corrections are made to the Financial Proposal. In case an activity or item isquantified in the Financial Proposal differently from the Technical Proposal, the evaluationcommittee shall correct the quantification indicated in the Financial Proposal so as to makeit consistent with that indicated in the Technical Proposal for further correction by applyingthe unit price included in the Financial Proposal to the consistent/ corrected quantity.However, the proposals that quote higher than the required input of person-months as perthis RFP will not be adjusted. Whereas the proposals quoting lesser than the required inputof person-months as per this RFP shall be adjusted as follows. If unit price for the subjectperson-month is available, the same shall be applied; and if the unitprice forthe subjectperson-months is not available, highest unit price for an activity or item of the samecategory [international or national (Key Personnel or other Personnel)] as provided in theFinancial Proposals shall be applied. The Reimbursable direct cost shall not be adjustedand the same shall be capped for the Assignment.

5.2 Technical Proposal

5.2.I The evaluation committee appointed by the Client shall cany out its evaluation for theproject(s) as listed in Para 1.1, applying the evaluation criteria and point system specifiedin the Data Sheet. Each responsive proposal shall be attributed atechnical scorcffi,4scoring less than seventy (70) percent pointsretumed un-opened.

Desien and Construction Supervision of ITS Installation at Hakla-D. I. K' Motorway

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5.3 Financial Proposal

lnstructions to Consultants

5.3.1 The Financial Proposals of the three top-ranking qualifuing consulting firms on the basisofevaluation ofTechnical Proposals shall be opened in the presence ofthe representativesof these frrms, who shall be invited for the occasion and who care to attend. The Clientshall inform the date, time and address for opening of Financial Proposals as indicated inthe Data Sheet. The total price and major components of each proposal shall be publiclyannounced to the attending representatives of the firms.

5.3.2 The evaluation committee shall determine whether the Financial Proposals are completeand without computational errors; all errors/discrepancies and deviations from respective

' Technical Proposals as well as RFP shall be dealt with for subsequent scoring in

accordance with procedure and criteria given in Para 5.1.2 herein above. The lowestFinancial Proposal (Fm) among all shall be given a financial score (Sf) of 1000 points. Thefinancial scores of the proposals shall be computed as follows:

Sf: (1000 x Fm)ff

(F : amount of specific Financial Proposal)

5.3.3 Proposals, in the quality cum cost based selection shall finally be ranked according to their

combined technical (St) and financial (Sr) scores using the weights (T: the weight given

to the Technical Proposal, P: the weight given to the Financial Proposal; and T+P:l)indicated in the Data Sheet:

S: St xT Yo+Sf xP%;o

NEGOTIATION

Priortotheexpirationofproposalvalidity,theClientshallnoti$lthesuccessfulconsultantthat submitted the highest ranking proposal in writing, by registered letter, cable telex or

facsimile and invite it to negotiate the Contract. The proposed Chief Resident Engineer/

Resident Engineer shall also be invited to attend the negotiations.

Negotiations normally take from two to five days. The aim is to reach agreement on allpoints and initial a draft contract by the conclusion of negotiations.

Negotiations shall commence with a discussion of consultant's Technical Proposal

inciuding proposed methodology, work plan, staffing and any suggestions which may have

been made to improve the TOR. Agreement shall then be reached on the final TOR, the

staffing, and the bar charts, which shall indicate activities, staf{ 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 unitprices (no negotiation ofthe person-month rates).

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6.2

6.3

6.4

6.5


6.6

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Say No to Comrption Instructions to Consultants

substitution (equal or better) as exception only may result in rejection of Consultant'sproposal.

1

7 .1

The negotiations shall be concluded with a review of the draft form of the contract. TheClient and the Consultant shall finalize the contract to conclude negotiations. Ifnegotiations fail, the Client shall invite the consultant that received the second highest scorein ranking to Contract negotiations. The procedure will continue with the third in case thenegotiation process is not successful with the second ranked consultant (and so on).

AWARD OF CONTRACT

The Contract shall be awarded after successful negotiations with the selected Consultantand approved by the competent authority. Upon successful completion of negotiations/initialing of the draft contract, the Client shall promptly inform the other consultants thattheir proposals have not been selected.

The selected Consultant is expected to commence the Assignment on the date and at thelocation specified in the Data Sheet.

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Say No to Comrption Data Sheet

Annex BDATA SHEET

LOI Clause #

1.1 The name of the Assignment is:

Consultancy Services for Design and Construction Supervision of IntelligentTransportation System (ITS) Installation at IIakIa -D.I. Khan Motorway.

The name of the Client is:

National Highway Authority (NHA)

1.2 The description and the objectives of the assignment are:

As per TOR

1.3 Phasing of the Assignment (if any):

-N i t -

No

be held on:

r .7l l l .

22d Jantary,2020 at 1100 Hoursin NHA Auditorium, National Highway Authority,28 Mauve Area, G-9/1, Islamabad.

Name of the official is:

Hafrz Muhammad Tahir Nadeem(General Manager P&CA)E-mail : smpca.nha@ gmail.com

The Client shall provide the following inputs:

As per TOR and Appendix D

Following sub-clauses are added:

The supervision of the project shall commence upon undertaking of the constructionworks by the contractor and shall be notified through issuance of commencement noticeto the selected consultant by NFIA. Any inordinate delay or cancellation of theconstruction work for any reason including non-availability of funds shall not entitle theconsultants to any financial or legal claims. However, when the project shall commencethe supervisory consultants shall maintain the right subject to availability of proposedKey Personnel (professional staff) based on which the consultant was selected or if thedelay is beyond six months then equally competent Key Personnel with equal or higherqualification and experience shall be pre-requisite for consideration of issuance ofcommencement notice by NHA. In case the work is delayed or abandoned for any reasonwhatsoever, the consultant shall not have any legal recourse.

The consultant shall be responsible to have the whole construction work completed inall aspects through the contractor in a professional manner so that all items ofconstruction work are completed from one end to the other including paying attention tosite clearance of debris or any other leftover material. All signs of construction workdispensed with. To achieve this objective consultant may include the price for such

Pre-Proposal Conferences:

Yes {

Pre-proposal conference will

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incidental or ancillary service which will lead to the final completion of the assignmentin the price quoted by the consultant who shall remain liable for making finalmeasurements of the Works and to issue Final Payment Certificate ofthe Contractor. Noseparate costs are payable as extra costs for this service. All such costs shall be includedin these rates submitted by the consultant in its financial proposal. The consultant has tobasically ensure that contractor has completed entire construction work as per WorksContract with particular reference to site clearance before taking over the project oncompletion.

v. (a) The consultants may better not to propose names of Key Personnel aheady proposed inother proposals which are being evaluated by NHA or contract(s) awarded recently. Thiswill affect adversely marking of these Personnel in evaluation of the technical proposal.Their secured points are liable to be reduced by 50% if their names appear in more thanone previous proposal in which they are ranked No.1. Further the existing load of workwith a firm shall be considered as one of the factors for the consideration in the awardof the contract. No CV of any alternate Personnel shall be accepted during evaluation.

v. (b) While inserting particulars of the Key Personnel (and Specialist Sub-consultant, if any)in Form TECH-6, the consultants must keep in view that each individual is likely to befree from its present task (location), within four months of submission of the Proposal,by completion of the present task of each individual. In case any individual is found tobe kept engaged beyond the said period, for completion of that task, its secured pointsare liable to be reduc ed @ 25% per month of belated completion of its task beyond thesaid period of four months.

vi. Form TECH-4 is meant for comments on provisions contained in RFP and TOR andunless the observations are noted in this particular Form, anything written elsewhere onthis account including financial implications, if any, shall be considered of noconsequence in the evaluation process and award ofthe contract'

vii. Consultants may form a Joint venture (JV) to qualiS'for the Assignment in which casethe contract will be signed between the Client and all members of the JV on theprescribed Form included in Appendix E (copy of Model Agreement) subject to theranking and successful negotiations' A JV ma)' include at the most four members' Topromote the consultancy industry in the country, 50 marks (out of 1000 for Evaluation)ire allocated for Transfer of Knowledge in the form of JV with a new / less experiencedfirm by sharing at least 20% of Assignment with them.

viii. The term associates, if used in the proposal or otherwise shall not be considered as analternative of JV member. Any personnel proposed for the Assignment but belonging tothe so called associates shall not be marked in evaluation of technical proposal like in

case of Sub-consultants (except individual Specialist Sub-consultants having uniqueexpertise which is rarely available OR an expatriate Personnel) who are not supposed tocontribute in qualification of their main consultants.

Consultant's Head Office Support will be mandatory during Supervision; the firm shallbe bound to provide design input required on the Site or advice on contractual matters;the cost for the same must be built in the financial proposal. Responsibility for the teamin field will be backed by the Consultant's Head Office; the Head Office will assumefull responsibility for the team in field. Any key position that remains vacant for morethan one month that was required to be filled for that period, a compensation equivalentto the charge rate of that individual will be imposed. For clarification, the invoice willnot include the charge rate of the missing individual and additionally, the charge rate of

one month for that individual will be deducted from the invoice. This will be rep)4for all missing key personnel. For the 2nd month, the compensation payme

doubled. For the 3'd month, an additional warning will be issued. If the issue


(a)

(b)

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the fourth month, the firm can be penalized by invoking conditions of contract and evento the extent of consideration for blacklisting.

1.8 The invited firms are:

Any firm meeting the following requirements:

Valid Registration Certificate of Pakistan Engineering Council withrelevant Project Profile Codes. Foreign consulting firms shall make JV inaccordance with Bye-Law 6(2) and Bye-Law 9 of the PakistanEngineering Council (Conduct and Practice of Consulting Engineers)Bye-Laws 1986. Failure to provide valid Registration Certificate (license)of the firm (each member in case of JV) by the PEC will entitle the Clientto reject the proposal. The validity of PEC Registration Certificate willalso be checked from PEC official website. In case of difference betweenhard copy and web copy, the later will prevail.

Affidavit in original bearing the subject with project name on stamp paperduly attested by the Oath Commissioner to the effect that the firm hasneither been blacklisted nor any contract rescinded in the past for non-fulfillment of contractual obligations (By all partner firms in case of JV).Non submission of the affidavit may be treated as disqualificationresulting in to no further evaluation of the proposal.

Facilities available with the consultant to perform their functionseffectively (proper office premises, software, hardware, record keepingetc.)

Client's satisfaction certificates (Performance Reports) for the last threerelevant assignments from the respective Clients. Moreover any adversereport regarding performance of consultant on NHA projects receivedfrom NHA's any relevant quarter may become basis for itsdisqualification from the Assignment above named in clause 1 .1 .

Signing and certification of the Checklist for Completeness of theProposal as per attachment at the end of Data Sheet.

Person-months of staff and Project Duration as per TOR.

2.1 The Documents are:

(D Letter of Invitation,

(iD Instructions to Consultants,

(iii) Data Sheet,

(iv) Technical Proposal Forms,

(v) Financial Proposal Forms, . "

(vi) Appendix-A: Terms of Reference (including Background information),

(vii) Appendix-B: Person-Months and Activity Schedule,

(viii) Appendix-C: Client's Requirements from the Consultants,

(ix) Appendix-D: Personnel, Equipment, Facilities and other Services to beprovided by the Client, and

(x) Appendix-E: Copy of Model Agreement (Draft Form of Conttact &Appendices etc.)

(c)

(d)

(e)

(0

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Design and Construction Supervision of ITS Installation at Hakla-D. I' K' Motorway Page ll of 124

No

vl1.

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2.2 The words "Fourteen (14)" is deleted in its entirety and replaced with "Five (05)"

The address for seeking clarification is:

General Manager (P&CA)National Hi ghway Authority28 Mauve Area, G-911, Islamabad.Phone: +92-51-9032727Fax: +92-51-93260419E-mail: [email protected]

3.r .4iii. Proposed Key Personnel shall preferably be permanent employees who are employed

with the consultants at least six months prior to submission of Proposal.

Yes

lv. The minimum number of person-months of Key Personnel is:

Total Expatriates: - Person-Months (Not used)

Total Local Key-Experts: 30 Person-Months

Total Local Non Key-Personnel: 188.5 Person-Months

The minimum required qualification and experience of proposed Key Personnel is givenin Appendix - A 'oTerms of Reference".

Training is a major component of this Assignment:

Yes No{

3.2.3 Professional liability, insurances (description or reference to appropriatedocumentation):

i. The consultants shall be responsible for Professional Indemnity Bond of therequired amount at their own cost. This bond shall be in the joint name of

Consultant and the Client'

ii. The consultants are required to insure their Employees and Professionals forHospitalization/ Medical, Travel and Accident Cover for the duration of the

Contract.

iii. Other details provided in Para 3.5 of Special Conditions of Contract in ModelAgreement (APPendix E).

3.2.4 Consultants shall quote the rates of remuneration for local personnel in Pak. Rupees,whereas only the rates of remuneration for expatriate personnel shall be quoted in USdollar currency. The payment however, to the Consultant for both the local as well as

the expatriate personnel will be made in Pak Rupees by converting US$ into Pak. Rupeesby applying USD TT/ OD Selling Rate of National Bank of Pakistan on the prevailing

date -(i.e.

the Date of Payment) as per TT/OD Selling Rate from website:http ://www. forex. com. pk/ for Inter B ank Rates.

For comparison of the Financial Proposals of consultants the US dollar's component ofFinancial Proposals will be converted to Pak Rupees as per following exchange rates:

The official source of the Selling (exchange) Rate is: National Bank of Pakistan as per

TT/OD Selling Rate from the website: http://www.forex.com.pkl for Inter Bank

The date of the exchange rate is: The date of submission of proposals.

Design and construction supervision of ITS Installation at Hakla-D. I. K. Motorway

- r ' ^ \

o')-

IIIIITIIITTIIIIIIII


4.1 The number of copies of the Proposal required is:

Trcnxrcar, PRoPoSAL:

Data Sheet

Oxn OnTcINAL AND Tnnnn coPIEs wrrn CD (sorr FoRM oFgoMPLETE Trcuxrcar, Pnoposlr- rx PDF Fonu) rx snar,nn ENVELOPE

Frxlxcrar, Pnoposar,:

ONr OTcINAL wITH CD (sorr FoRM oF coMPr,nrn Frxaxcr,l.r,Pnoposar, rx PDF As wELL as MS Wono/ Excnl, Fonus) IN SEALEDENVELOPE

The address for writing on the proposal is:

General Manager (P&CA)National Highway AuthoritY28,Mauve Area G-9/1 IslamabadTelephone: +92-51-9032727Facsimile: +92-51-9260419Email: [email protected]

4.4 The date and time of proposal submission is:

1130 hours on 4th FebruarY,2020

The location for submission of proposal is:

National Highway Authority Auditorium2od Floor,27 Mauve Area, G-g/lr lslamabad

4.5 Validity period of the proposal is:

180 days

The bid shall remain valid upto:

2nd Augustr2020

Location for Negotiation is:

National Highway Authority Auditorium2nd Floor,27 Mauve Area, G'g/lr lslamabad

5.2.1 The evaluation of Technical Proposal shall be based on following criteria:

Description/ Items

1. Experience of the Firml-a. General Experience in road Transport Sector1-b. Specific Experience related to Assignment* (Design and

Construction Supervision of at least one ITS Project)

0 Experience in conducting similar assignmentsDesign of ITS Solution

(i, Experience in Construction Supervision of ITS Solution(iii). Optical Transmission & ITS NW Planning(iv). Experience in procurement of ITS Solution

2, Approach & MethodologY

2-a Appreciation of the Project(r. Clarity of the appreciation(ir. Comprehensiveness of appreciation

Points100ailga

20

2020I5250

Q_9)(3 5)(3 5)

II

Design and construction supervision of ITS Installation at Hakla-D. L K. Motorway Page 13 of 124

a.

IIIIIIIIItIIIIIIIII


€0)(30)(20)

G0)(30)(20)(30)

G_0)(20)

{29)450r0050

2-b(r.(ir.. t ^

(r.(ii).(iir.2-d2-e2-f

3.4.f,.

6.

Problem Statement/ Understanding of Obj ectivesIdentification of Problems/ Understanding of Obiectives of RFPComponents of Proposed Services

MethodologyProposed Solutions for this ProjectQuolity of MethodologtConciseness, clarity and completeness of proposal

Suggested changes for improvement in TOR

Work ProgramStaffing ScheduleKey PersonnelPerformance Certificate from clients

Present Commitments (current engagement and availablestrength - j ustification)

Transfer of Knowledge ** (Methodology/ Plans) 50

Total Points: 1000

Minimum qualiffing technical score 70oh

Performance Certificate/ Assignment Completion Certificate (All completedprojects mentioned under TECHNICAL PROPOSAL FORM TECH-2BCON SULTANT' S EXPERIENCE/ CLIENT' S REFERENCE).

Note: Any project mentioned completed under Form TECH-2B will not beconsidered for evaluation unless Performance Certiftcate/ AssignmentCompletion Certificate with satisfactory remarks by the client's representative isnot attached' The client NFIA reserves the right to verif,i the Performance/Assignment Completion Certifi cates.

!t* Transfer of knowledge would be in the form of joint venture with new/ lessexperienced firm(s) by sharing at least 20Yo of Assignment with them forpromoting the consultancy industry in the country.

The percentage distribution of weightage earmarked for evaluation sub-criteriafor suitability of Key Personnel are:

Design and Procurement Assistance l'eam:

Description/ Items

i. Academic and General Qualifications

ii. Professional experience related to the Project

iii. Status with the firm (Permanent & duration with Firm)

b. Supervision Phase Team:

Description/ Items

i. Academic and General Qualifications

ii. Professional experience related to the Project

iii. Status with the firm (Permanent & duration with Firm

Percentage

Percentage

3A%

60%

t0%

II

Design and Construction Supervision of ITS Installation at Hakla-D' Pase 14 of 124

6.3

6.5

7.2

TIIIIIIIIIIIItIIItI


Form of Summary Evaluation and Personnel Evaluation Sheets for Technical Proposal(QCBS) is attached at the end of Data Sheet.

5.3.1 The words "three top-ranking qualifying consulting firms" is deleted in its entirety andreplaced with the words "qualifuing consultants".

The date, time and address of the Financial Proposal opening are:

After evaluation and approval of Technical Proposals (to be informedlater).

5.3.3 The weightages given to the Technical and Financial Proposals are:

Technical: 80oA

Financial: 20oA

Add following at the end of this Para:

The final person-months of each personnel are subject to adjustment at the stageof contract negotiation in line with demonstrated approach & methodology andneed basis.

Add following at the end of this Para:

The Consultant is bound to replace all the Key Personnel proposed who scoredless than 70Yo marks in the Personnel Evaluation, if the Client so requests. If theConsultant refuses to replace such Key Personnel, the Client reserves the right toreject its proposal and invite the Consultant that received the second highest scorein ranking to Contract negotiations.

The Assignment is expected to commence in:

March,2020

II

Design and Construction Supervision of ITS Installation at Hakla-D. I. K. Motorway Pase 15 of 124

TIIIIIItIIIlIIIttItt

Say No to Coruption Checklist

Checklist for Completeness of proposal

S.No, Description

Must attach Documents

In case of Single Entity In case ofJV/ Sub-ConsultantsI Power of Attorney to submit the proposal

(Original, scanned copy is not acceptable)a. By the owner/owners of Firm

to authorized representative,

b. In case of more than oneowner, legal authority ofissuing Power of Attorney ofExecutant itself.

a. By the owner/ owners of eachFirm to authorizedrepresentative.

b. In case ofmore than one owner,legal authority of issuing powerof Attomey of Executant itself

c. Power of Attorney by the dulyauthorized representative(s) ofmember firm(s)/ sub-consultant(s) to the authorizedrepresentative of Lead Firm) Power of Attorney to sign the proposal

(Original, scanned copy is not acceptable)a. By the owner/owners of Firm

to authorized representative.

b. In case of more than oneowner, legal authority ofissuing Power of Attorney ofExecutant itself

a. By the owner/ owners of eachFirm to authorizedrepresentatlve.

b. In case ofmore than one owner.Iegal authority of issuing powerof Attorney of Executants itself.

c. Power of Attorney by the dulyauthorized representative(s) ofmember firm(s)/ sub-consultant(s) to the authorizedrepresentative of Lead Firm3 . Letter of Intent to form JV on firm\

letterhead,/ IY agreement on stamp paper(Original, scanned copy is not acceptable) N.A.

Each Firm (all JV members),including the Lead Firm, to signthrough its authorizedrepresentative (along with Letterof Authorization)

4. TECHMCAL PROPOSAL FORMSTECH-I to TECH-9 duly completed as perInstructions to Consultants/ Data Sheet andrequirements of TOR (To be attached withTechnical Proposal)

Must provide Must provide

5 .Valid Registration Certificate of pakistanEngineering Council with relevant proiectProfile Codes

Must provide

Valid PEC License of all themember firms including JV Leadmust be attached fo technicalnrnnosnl

o . Foreign consulting firms shall make JV inaccordance with Bye-Law 6(2) and Bye-Law 9 of the Pakistan Engineering Council(Conduct and Practice of ConsultinsEngineers) Bve-Laws 1986

Musf provide

Valid PEC License(s) must beattached to the technical proposalat the time of submission of theproposal

7. Affidavit on stamp paper duly attested bythe Oath Commissioner to the effect that thefirm has neither been blacklisted nor anycontract rescinded in the past for non-fulfillment of contractual oblieations

Must provide

Must be provided by all memberfirm(s) including the Lead frm(and sub-consultant(s) ifapplicable)

8 . Lists of facilities available with theConsultant to perform their functionseffectively (proper office premises,software, hardware, record keeoine etc.)

Must provide Must provide (only lead firm)

o Affidavit on stamp paper duly attested bythe Oath Commissioner to the effect that theproposed Personnel shall be available as pertheir proposed inputs in the personnelSchedule and TOR

Must provide

Must be separately provided byeach JV member including the JVLead who have proposedPersonnel. In case ofinvolvementof Specialist sub-consultant(s),the affidavit will be signed by thei n d i w i d r r c l h i m c p l f , " # =

t 0 . Integrity Pact Document duly filled in theblank spaces with requisite information andsigned/ stamped

Must provide Xil:n:',""'r11.i:ffimember firm includltY-lQ Leacl

|esign and construction supervision of ITS Installation at Hakla-D. I. K. Motorwayz

6 ofl24

T

tIIIItIItIIIIIIItIIt

Say No to Corruption Checklist

s.No.

DescriptionMust attach Documents

In case of Single Entity fn case ofJV/ Sub-Consultants

l l FINANCIAL PROPOSAL FORMS FIN-Ito FIN-7 duly completed as per Instructionsto Consultants/ Data Sheet and requirementsof TOR (To be attached with financialnronosal)

Must provide Must provide

t2. Audit Reports of the firm for past threeyears duly certified by CharteredAccountant (To be attached with financialnrooosal)

Must provide

Must be provided for each fnmwho proposes Personnel for theAssignment

13, Sequential page numbering of Proposal.Signing and stamping ofproposal (technicaland financial) wherever indicated as well asinitial/ signature and seal on all other pagesofproposals. The Proposal is bound as hardbook to deny addition/ removal ofpaqes

Must fulfill the requirement Must fulfill the requirement

Certification: -I, the undersigned, certii/ to the best of my knowledge and belief that all above

mentioned documents (as applicable), Sr. No.1 to 12have been attached to our proposal (technical/ financial as applicable) and signed and stamped as per requirements mentioned against Sr. No.13above. In the event of any sort of falsification of this certification, the Client NHA may at its solediscretion disquali$, our firm/ W from bidding for the Assignment named under Data Sheet Sub-Clause 1.1.

Signature of authorized representative of the firm(s) Date:DayAvlonth/Year

Full name of authorized representative:

For and on behalfof: {Name of the bidder}

(Seal)

Note: coDv or scanned signatures are not allowed


tPagelT ofl24

I I ITISay No to Corruption

r I I I I I I I I I - I

SUMMARY EVALUATION SHEET FOR TECHNICAL PROPOSAL (QCBS)

Excellent-l00oh VeryGood-90to99o/o AboveAverage-80to897o Average-70to79o/o BelowAverage-lto69oh Non-complying-0%o

Score: Maximum Weightage X rating / 100.

Minimum qualifying score is 70o/o or 700 marks.

Note: The minimum required qualification and experience of proposed Key Personnel is given in Appendix - A ..Terms of Reference"

I I IEvaluation Sheets

na i

I

EVALUATION CNTTRIAMax.

Weirhleqe*

Fiim 1 finir2i::'l

Ratino'r.l Scorc.''Ratine I

I. Experience ofthe Firm 100

General Exoerience in road Transport Sector 25

Specific Experience related to particular Assignment t )

II. Approach and Methodolow 250III. Kev Personnel 4s0

Desisn Phase:

a) Project Manager 65b) ITS Applications Expert 50c) Design Manager J f

d) Power Works/ Sensors Expert 35e) IT/ Communication Systems Expert 350 TransportationEngineer 35Procurement Phase:

g) ProcurementCoordinator 45h) ITS Applications Expert J ]

Suoervision Phase:

D Project Manager 65j) ITS Applications Expert 50

IV. Performance Certification from clients 100V. Present Commitments (current engasement and available strensth - iustification) 50VI. Transfer of Knowledge (Methodology/ Plans) 50

The Joint Venture (JV) shall be evaluated in the same manner as a single entity, since they function as one unit.

TOTAL 1000

Design and construction Supervision of ITS Installation at Hakla-D. I. K. Motorway Page lStof 124

PERSONNEL EVALUATION SHEET

(Show all expertsto be evaluated)

PercentageRating

WeightedRating (A)

PercentageRatine

Weighted Rating(B)

PercentageRatine

WeightedRating (C)

(A+B+C)

Desisn Phase:

a) Project Manager

b) ITS Applications Expert

c) Design Manager

d) Power Works/ Sensors Expert

e) IT/ Communication Systems Expert

0 Transportation Engineer

Procurement Phase:g) ProcurementCoordinator

h) ITS Applications Expert

Supervision Phase:

i) Project Manager

) ITS Applications Expert

I I I ISay No to Conuption

I I r Ir I

Rating: -.Excellent - 100% Very good - 90-99% Above Average - 80-89% Average - 70-79% Below Average - l-69% Non-complying - 0o/o

* M. Sc. with trainine - 100% M. Sc. -90% B. Sc. with trainine - 80% B. Sc. - 70%

*:t Regular Employee - 100%;

First time for this assienment- 0olo

Note: The minimum required qualification and experience of proposed Key Personnel is given in Appendix - A "Terms of Reference"

I I I I I I I I IEvaluation Sheets

II

Design and Construction Supervision of ITS Installation at Hakla-D. I. K. Motorway Pasel9 ofl24

Say No to Corruption Technical Proposal Forms

TECHNICAL PROPOSAL FORMS


tIIIITtItIIIItIItIItI


Technical Proposal - Forms

{Notes to Consultanl shown in brackets throughout this Section provide guidance to the Consultantto prepare the Technical Proposal; they should not appear on the Proposals to be submitted.)

Checklist of Required Forms (subparagraph 3.1.3 of ITC)

Note: Failure to provide required attachments withthe proposal.

Form TECH-I will entitle the Clie

I The total number of pages for combined forms TECH-3 and TECH-4 should not exceed 50. A page-is

defrned as one printed side of A,4 or letter-size with font size of 10 or more.

Required' ("r/) FORM DESCRIPTION PageLimii

TECH.l Technical Proposal Submission Form

TECH-1Attachment

Proof of legal status and eligibility

"r/" If applicableTECH-1Attachment

If the Proposal is submitted by a jointventure. at\ach a letter of intent or a

copy of an existing agreement.

"r/" If applicable

TECH-IAttachmentPower ofAttorney

No pre-set format/form. In the case of aJoint Venture, several are required: apower of attorney for the authorized

representative of each JV member and aSpecial power of attorney for the

representative of the lead member toreoresent a[ fV members.

TECH-2Consultant's Organization and

Experience.As given below

TECH.2A A. Consultant's Organization 5

TECH-2BB. Consultant's Experience/ Client's

Reference20

TECH-3 Approach Paper on Methodologyproposed for Performing the Assignment

50

TECH-4 Comments/ Suggestions of Consultant [See footnote ]1

TECH-4,A A. On the Terms of Reference nla

TECH-48 B. On the Counterpart Staff andFacilities

2

TECH-5 Format of Curriculum Vitae (CV) fororooosed Kev Personnel

8 pages each CV

TECH-6 Composition of the Team Personnel andthe Tasks to be Assigned to each Team

Member

nla

. l TECH-7 Work Plan I Activity Schedule nla

TECH-8 Work Plan and Time Schedule for KeyPersonnel

n/a

TECH-9 Current Commitments of the Firm nla

Design and construction Supervision of ITS Installation at Hakla-D. I. K. Mototway Page 2l of 124

tlIIITtIIIIIITTltIItI

Say No to Coruuption Technical Proposal Forms

CHECKLIST OF OTHER DOCUMENTS

Valid Registration Certificate(s) of PEC [subparagraph 1.8(a) of Data Sheet].

Affidavit in accordance with subparagraph 1.8(b) of Data Sheet.

Page numbered, signed, stamped, and duly bound proposal (paragraph 3.1.1 of ITC).

Affidavit in accordance with subparagraph 3.1.2(d) of ITC.

Technical proposal not to include any financial information (paragraph 3.1.5 of ITC).

Letter of IntenV JV Agreement (Form TECH - 1).

Integrity Pact [subparagraph (h) of Form TECH - l].

Signed and stamped checklist for completeness of proposal.

Design and Construction Supervision of ITS Installation at Hakla-D. I. K. Motorway Pase22 of L24

Say No to Coruption Technical Proposal Forms

TECH-1

TncnNrcar, PRoposAL SuBMrssroN Fonu

IIIIIIIIIItITITtIIII

{Location, Date}

To: [Name and address of Client]

Dear Sirs:

We, the undersigned, offer to provide the consulting services for [Insert the Project Name]in accordance with your Request for Proposals dated [Insert Date]. We are hereby submitting ourProposal, which includes this Technical Proposal and a Financial Proposal sealed in a separateenvelope.

[{If the Consultant is a joint venture, insert the following:

We are submitting our Proposal in a joint venture comprising: {Insert a list with full name and thelegal address of each member, and indicate the lead member). We have attached a copy {insert: "ofour letter of intent to form a joint venture" or, if a JV is already formed, ooof the W agreement")signed by every participating member, which details the likely legal structure of and theconfirmation ofjoint and severable liability of the members of the said joint venture.)l

IAND

{If the Consultant's Proposal includes individual Specialist Sub-consultant, insert thefollowing:

Our Proposal includes: {Insert full name and country of the individual Specialist Sub-consultant)l

We hereby declare that:

(a) All the information and statements made in this Proposal are true and we accept thatany misinterpretation or misrepresentation contained in this Proposal may lead toour disqualification and/or may be sanctioned by the Client in compliance of Rulel9 of the Public Procurement Rules, 2004.

Our Proposal shall be valid and remain binding upon us for thespecified in the Data Sheet, Clause 4.5.

We have no conflict of interest in accordance with ITC Clause 1.9.

We meet the eligibility requirements as stated in Data Sheet Clause

Neither we, nor our JV member or any of the proposed individualconsultant prepared the TOR for this consulting assignment.

(b)

(c)

(d)

(e)

Design and Construction Supervision of ITS Installation at Hakla-D. I. K. Motorway Page23 of 124

IIIIIIIIIIItII


(0 Within the time limit stated in the Data Sheet, Clause 4.5, we undertake to negotiatea contract on the basis of the proposed Key Personnel. We accept that thesubstitution of Key Personnel for reasons other than those stated in ITC, Clause 6.5may lead to the termination of Contract negotiations.

(g) Our Proposal is binding upon us and subject to any modifications resulting from theContract negotiations.

(h) In compliance (and, if the award is made to us, in execution) of Contract, weundertake to obey the Integrity Pact (attached herewith duly signed by authorizedrepresentative and stamped).

(i) Our Head Office Support will be mandatory during Supervision; our firm shall bebound to provide design input required on the Site or advice on contractual matters;the cost for the same has been built in our financial proposal. Responsibility for theteam in field will be backed by our Head Office; our Head Office will assume fullresponsibility for the team in field.

0) Our firm/ each member of our JV is not participating in any other proposal for thisAssignment.

We undertake, if our Proposal is accepted and the Contract is signed, to initiate the Servicesrelated to the Assignment not later than the date mentioned in Data Sheet 4.5 (or the date extendedwith the written consent of Consultant in case of delay in procurement process).

We understand that the Client is not bound to accept any or all Proposal(s) that the Clientreceives.

We remain,

Yours sincerely,

Authorized Signature in full:Name and Title of Sisnatory:Name of Consultant (firm's name or JV's name):

and initials:

In the capacity of:

Address:

IItII

Contact information (phone and e-mail):

{For a joint venture, either all members shall sign or only the lead member, in which case the powerof attorney to sign on behalf of all members shall be attached)

t Design and Construction Supervision of ITS Installation at Hakla-D. L K. Motorway Page2{ of 124

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Say No to Conuption Technical Proposal Forms

TECH.2A

CONSULTANT'S ORGANIZATION

[1. Provide here a brief description of the background and organization of your Firm, and - in caseof a joint venture - of each member for this Assignment.

2. Include organizational chart, a list of Board of Directors, and beneficial ownership2.]

2 Beneficial ownership shows all owners and major shareholders of the cornpany, including any person or entity who

enjoys the benefit ofownership including, but not limited to power ofcontrol and influence ofthe business transactions,receiving dividends or profit share. This includes direct or indirect ownership of the company (e.g. ownership by closerelatives)

IllIIII

\T


ltItIIIIItIIIIITIII


TECH.2B

CONSULTANT'S EXPERIENCE/ CLIENT'S REFERENCE

Relevant Services Carried Out in the Last Ten Years (by each member in case of JV) and bySpecialist Sub-consultant, if any, Which Best Illustrate Qualifications

[1. Using the format below, provide information on each successfully completed referenceassignment for which your firm, either independently or as one of the member of Joint Venture(JV), was largely contracted by indicating the share of the firm itself in the JV.

2. Assignments completed by the Consultant's individual Experts working privately or throughother consulting firms or that of the Consultant's Specialist Sub-consultant, cannot be claimedas the relevant experience ofthe Consultant, but can be claimed by the Experts or the SpecialistSub-consultants themselves in their CVs. The Consultant should be prepared to substantiate theclaimed experience by presenting copies of relevant documents and references if so requestedby the Client.l

Consultants' Name:

Assisnment Name: Country of Assignment:

Location within Country: Key Personnel Provided by YourFirm:

Name of Client: No. of other personnel providedbv vour Firm:

Address: Total No of Person-Months ofstaff of your Firm:

Start Date (Month/Year): Completion Date(Month/Year):

Approx. Value of Services (inEquivalent / Rs.) provided bystaff of your Firm

Name(s) of Member

Firm(s), in case of JV:

No. of Person-Months of KeyPersonnel Provided by memberFirm(s), in case of JV

Name of Senior Staff (Project Manager / Coordinator, Team Leader) involved and functionsperformed:

Narrative Description of Project

Description of Actual Services Provided by Staff of your Firm

II


ItIIItIIIIIItIIIIIItt


TECH.3

APPROACH PAPER ON METHODOLOGY PROPOSED F'OR PERFORMING THEASSIGNMENT

In this part of the Technical Proposal, explain understanding of the objectives of the Assignment,approach to the services, methodology for carying out the activities and obtaining the expectedoutput, and the degree of the detail of such output. You should explain your methodology tocomplete the project within time and budget.

The approach must be indigenous project specific approach of Consultant and not a generic one orcopy of the TOR.

Based on the specific approach, describe Work Plan which is consistent with inputs provided inForms TECH -7 and TECH - 8.

In case of JV, the role of each member must be clearly highlighted. Likewise, role of SpecialistSub-consultant, if any, along with necessity must be highlighted.

Design and Construction Supervision of ITS Installation at Hakla-D. I. K. Motorway Page21 of L24

TIIIIItIIIIIIItIIIIt

A.

1 .


TECH.4AandB

COMMENTS / SUGGESTIONS OF CONSULTANT

fProvide here comments and suggestions on the Terms of Reference that could improve the quality/effectiveness of the Assignment; and on requirements for counterpart staff and facilities, which areprovided by the Client, including: administrative support, office space, local transportation, equipment,dat4 etc., separately under Forms TECH-4A and TECH-4B respectively.l

On the Terms of Reference (TOR)

2.

a

Etc.

B. On the Counterpart Staff and Facilities (data & services to be provided by the Clientas indicated in the TOR):

1.

2.

3 .

Etc.

Note: l . The Consultant may propose ateam of experts to best achieve the scope of serviceand activities and to deliver outputs as required in TOR. Proposed changes inposition/individual inputs should be indicated and reasoned in the TechnicalProposal but incorporated only in the Financial Proposals (showing excess/saving,in datum Price as worked out with the person months indicated in the RFP, whichmust be clearly bifurcated and marked red at each place for acceptance orotherwise by the Client at its prerogative during negotiations),

(i) The Proposal may assign person-month inputs differently from TOR.However, Key Personnel input totals in the Proposal should not be less thanthe minimum totals of person-months inputs mentioned in Data Sheet Sub-Clause-3. 1 .4 respectively.

Design and Construction Supervision of ITS Installation at Hakla-D. I. K. Motorway Pase28 of 124

IIJIIIIIIIIIIItIIIITt


(ii i)

(iv)

(ii) The Proposal may include additional expert position/s. However, additionalexpert will be considered Non Key Personnel for the purpose of proposalevaluation.

If the Proposal drops or replaces a Key Personnel position with a differentone, the original position will receive zero score in the technical evaluationand the new position added in the Proposal will be considered Non Key andwill not be evaluated.

DO NOT INCLUDE EXCESS/SAVING INFORMATION IN TECHNICALPROPOSAL. If Technical Proposal includes financial information, theProposal will be rejected under Clause-3.1 .5 of ITC.

When the Consultant suggests a change in scope of service. activities or output.the Consultant must describe the details in Form TECH-4A and the change shouldnot be incorporated in the Proposal. Enumerate each suggestion in Form TECH-4A with incremental cost as a separate attachment to Financial Proposal indicatingbreakdown into individual remuneration and expenses for each suggestion. FormsFIN-I to 7 should be prepared without incorporating the changes.

(i) If Financial Proposal provides no separate attachment about incremental costto a suggestion, the suggestion will be considered at no additional cost to theClient and no negotiations for an incremental cost shall be done;

(iD DO NOT INCLUDE INCREMENTAL COST INFORMATION INTECHNICAL PROPOSAL. If Technical Proposal includes financialinformation, the Proposal will be rejected under Clause-3 .1 .5 of ITC.

Design and Construction Supervision of ITS Installation at Hakla-D. I. K. Motorway Page29 of12!


TECH.5

FORMAT OF CURRTCULUM VrTAE (CD FOR PROPOSED KEY PERSOI\NEL AI\DSPECIALIST SUB-CONSULTANT (IF ANY)

Proposed Position:

Name of Firm proposing the Key Personnel:

Name of Person:

Profession:

IIIIIIItITItIIIIIIIII

Date of Birth:

Years with Firm:

Nationality & CNIC Number:

Cell Number:

Membership in Professional Societies:(Membership Certificate of PEC is Mandatory for Engineers)

10. Detailed Tasks to be Assigned on the Project:

11. Key Qualifications:

{Give an outline of the person's experience and training most pertinent to tasks on assignment.Describe degree of responsibility held by the person on relevant previous assignments and givedates and locations. Use up to one page).

12. Education

{Summarize college/university and other specialized education of the person,institutions, dates attended and degrees obtained).

13. Employment Record

names of

{Starting with present position, list in reverse order every employment held. List all positions heldby the person since graduation, giving dates, names of employing organizations, title of positions


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Say No to Coruption Technical Proposal Forms

14. Languages

{Indicate proficiency in speaking, reading, and writing of each language: excellent, good, fair, orpoor).

15. Certification

I, the undersigned, certiff to the best of my knowledge and belief that:

(D(ii)(iiD

(iv)

(v)

(vi)

Signature of Key Personnel or authorizedRepresentative of the Firm(s)

Full name of authorized Representative:

{Note: copv or scanned signatures are not allowed}

This CV correctly describes my qualifications and experience;I am not a curent employee of the Executing or the Implementing Agency;In the absence of medical incapacity, I will undertake this Assignment for the duration andin terms of the inputs specified for me in Form TECH-5 provided team mobilization takesplace within the validity of this Proposal;I was not part of the team r.vho wrote the Terms of Reference for this consulting servicesAssignment;I am not currently debarred by any departmenV organization/ (semi-autonomous/autonomous) bodies or such like institutions in Pakistan; andI have been informed by the Firm that it is including my CV in the Proposal for the {nameof project and contract). I confirm that I will be available to carry out the Assignment forwhich my CV has been submitted in accordance with the implementation anangements andschedule set out in the Proposal.

[If CV is signed by the Firm's authorized Representative:

I, as the authorized representative of the Firm submitting this Proposal for the {name ofproject and contract), certi$r that I have obtained the consent of the named Key Personnelto submit his/her CV, and that s/he will be available to cany out the Assignment inaccordance with the implementation arrangements and schedule set out in the Proposal, andconfirm his/her compliance with paras (i) to (v) above.l

I understand that any willful misstatement described herein may lead to disqualification ordismissal, if engaged.

Date:DaylMonth/Year

I Design and Construction Supervision of ITS Installation at Hakla-D. I. K. Motorway Page 3l of 124

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I I I

COMPOSITION OF THE TEAM PERSOI\NEL AND THE TASKS TOBE ASSIGNED TO EACH TEAM MEMBER

1. Key Personnel (and Specialist Sub-consultant, if any) *

r-

Technical

I I

Proposal FormsTECH-6

IT

' ' , . ]

: : '

. : ' . , i : - : , De ta i l s o f Cu r ren t Commi tmen ts , ' '',N"."6f

"isignment involved and clienis namds at present:

1Nafie,'6f ctient' . - , i l : : , : . , , . :

Expected date.,bfrelievind : :

* Refer to ITC, Data Sheet, Sub-Clause 1.7 v (b).

2. Other Personnel

J Substantiate with documentary evidence- Substantiate with documentarv evidence


r ' |T I I I I I I I I I - I

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I I I I

Technical Proposal FormsTECH.7

I I

WORK PLAN/ ACTIVITY SCHEDULE

I 2 aJ 4 5 6 7 8 9 10 11 t2 t3 T4 l 5


,,Name '',rPosition r

I 2 3 4 5 r 6 ,, ,,1, 8 9 10 11 12, l3 :14 15

I ITI

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Continuous:Intermittent:

r I I I rrI I

WORK PLAN AND TIME SCHEDULE FOR KEY PERSONNEL (AND SPECIALIST SUB-CONSULTAI\T,IF AIIY)

Activities Duration

Yours faithfullv.

Signature(Authorized

Full NameDesignationAddress

Representative)

I I I I I I

Technical Proposal FormsTECH-8

I I


I I I I - r I I I I I I


I I I I

Technical

I I

Proposal Forms

TECH.9

I I

CTTRRENT COMMITMENTS OF THE F'IRM

[OF EACH MEMBER IN CASE OF JV AND THE SPECIALIST SUB.CONSULTAI\T, IF ANY]

List must be comprehensive including project from clients other than NHA as well

Name of project Single or JV Task assignment Start date ofthe project Expected date ofcompletion

K-\


TIIIItIIIItIIIIIIItII

Say No to Corruption Financial Proposal Forms

FINANCIAL PROPOSAL FORMS


TtIt

Say No to Coruption Financial Proposal Forms

FIN.l

FrnaNcr,tl, PRoposAL SuBMrssroN Fonvr

ItIIIItIIIITIIT

{Location, Date}

To: [Name and address of Client]

Dear Sirs:

We, the undersigned, offer to provide the consulting services for [Insert the ProjectName] in accordance with your Request for Proposal dated [Insert Date] and our TechnicalProposal.

Our attached Financial Proposal is for the amount of {Insert amount in words andfigures), including all Federal, Provincial and Local taxes applicable as per law of theland. {Please note that all amounts shall be the same as in Financial Proposal Form FIN-7}.

As indicated and reasoned in Form TECH-4 of our Technical Proposal, inaccordance with Note 2 under Form TECH-4 of the RFP, a separate affachment forincremental cost(s) is included/ not included in our Financial Proposal [if attached, strikeout "not included" andviceversaJ

Our Financial Proposal shall be binding upon us subject to the modificationsresulting from Contract negotiations, up to expiration of the validity period of the Proposal,i.e. before the date indicated in Clause 4.5 of the Data Sheet (or the date extendedwith thewritten consent of consultant in case of delay in procurement process).

We confirm that we have no condition to state thatmay have frnancialover and above the amount quoted above.

We understand you are not bound to accept any Proposal

We remain,

Yours sincerelv.

Authorized Signature {In fullName and Title of Sisnatory:

and initials):

In the capacity of:Address:E-mail:

{Forajointventure,eitheral lmembersshallsignoronlytheleadmember,inwhichcase the power of attorney to sign on behalf of all members shall be attached.) ., , _,.:K

T Design and Construction Supervision of ITS Installation at Hakla-D. I. K. Motorway Page37 ofl24

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FIN.2

BREAKDOWN OF RATES FOR CONSULTANCY CONTRACT

Project: Firm:

Notes:

Item No. 1 Basic salary shall include actual gross salary before deduction of income tax.The highest ranked Consultant shall provide payroll sheet for each proposedpersonnel at the time of contract negotiations,

Item No. 2 Social charges shall include Client's contribution to social security, paidvacation, average sick leave and other standard benefits paid by the firm to theemployee. Breakdown of proposed percentage charges should be submitted andsupported {see Form FIN-3}.Overhead shall include general administration cost, rent, clerical staff andbusiness getting expenses, corporate tax and insurances, etc. Breakdown ofproposed percentage charges for overhead should be submitted and supported{see Form FIN-4}.Fee shall include firm's profit and share of salary of partners and directors {ifnot billed individually for the project) or indicated in overhead costs ofthe firm.Normally payable only in case of field work under hard and arduous conditions.The minimum percentage of item (l) should be preferably 50% of (8).The Consultant is to provide appointment letter and affidavit/undertaking dulysigned by each of the individual Personnel showing salary rates as above.Further during execution each invoice will also be provided showing that thePersonnel have been paid their salaries as per basic rates mentioned therein;failing to which, NHA will take punitive action against the Consultant and shalldeduct the deficient amount from its monthly invoice. Moreover, it will beconsidered as a negative mark on the Consultant's performance that will beconsidered for future projects.

Item No. 3

Note 3 The Consultant shall provide its audited financial statements of latest threefiscal years, during negotiations, w.r.t. second paragraph under SC 6.2 (b) ofthe Model Agreement (APPENDIX-E).

Full Name:Signature:Title:

Item No. 5

Item No. 7Note 1Note 2

Name Position BasicSalary

per Cal.Month

SocialChargeq(%agr.of

l )

Overhead(o/oage of

r+2)

Sub-Total

1t+z+11

Fee(o/oageof 4)

Raie perMonth

forl lprojectOffice

FieldAllow.

(i"afiof1 ) . ,

Rate perMonth

for,FieldWork

( l ) (2) (3) (4) (5) (6) (7) (8)

Design and Construction Supervision of ITS Installation at Hakla-D. I. K. Motorway Paee 38 of 124

tIITItIIttItIITtIItI


FIN.3

BREAKDOM{ OF SOCIAL CIIARGES

Sr.No.

Detailed Description As a Toage of Basic Salary.



BREAKDOWN OF OVERIIEAD COSTS


Sr.No. Detailed Description

As a Toage of Basic Salary,andSocial Charses


FIN.5Page I of3

A - ESTIMATED T,OCAT, CURRENCY SALARY/ REMUNERATION COSTSEQTIIVALENT IN US DOLLARS

'Refer also to Notes under Form TECH-4

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.,1:i-i;:- .':' ',''' ;',.

iti"'{ ''!.I ',,

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Design and Construction Supervision of ITS lnstallation at Hakla-D. L K. Motorway Page 4l of 124


FIN-5Page 2 of3

B-I ESTIMATED LOCAL CURRENCY SALARY COSTS/REMUNERATION

Refer also to Notes under Form TECH-4

Nlonthly BillingRate (Rs.)

B-I. All Local Key Personnel and Specialist Sub-consultant (if any)



FIN.5Page 3 of3

B-II ESTIMATED LOCAL CURRENCY SALARY COSTS/ REMUNERATION

IIIlIIlIITIIt

lrlllrlrll

lt

Refer also to Notes under Form TECH-4

B-II. Non-Key and other Personnel (Local)

Sub Total:

Design and construction Supervision of ITS Installation at Hakia-D. L K. Motorway

I I I - I I I I II I I r I I I rrr II r II I


FIN.6DIRECT/ NON-SALARY COSTS FOR DESIGN AND SUPERVISION SERVICES

[Refe, also to Notes under Form TECH-4]

Sr. No. Nomenclature Unit Qty.Unit Price(Pak Rs.)

Total Amount,fP"k.nsil

I Rent for Office Accommodation L.S

2. Office Utilities Costs L.S

3 . Cost / rental of Furniture / Fumishinss L.S

4. Rental costs of Office/ Other Equipment L.S

i. Computers and accessories

ii. Photo copy machines

i i i . Communicationequipment

iv. Drafting / Engineering equipment

5 . Communication expenses (Transport Cost) Per Month 13.0

6. Drafting/ Reproduction of Reports L.S

n Office/ Drafting Supplies L.S

8 . Others not covered above to comply with TOR requirement*

Total

* Any additional iten/ cost quoted against th$e lin€ it€ms must be support€d by soli tenable justification(s) detailed in Technical Pmposal Submission FormA-4 'Commefis on TOR" without hdicating linrncial value ther€in. The n€gotiation cornmitte€ ofthe Client may negotial€ this cost on the basis ofjustificationpmvided in the fofm A-4 with th€ prospective successfi. bidder in the light of Claus€ ITC 6.6 of RFP. Mor€over, ifno justific$ion is gven or Ctent does notZNEiN-agre€ to 'the juslificationn the Cli€nt in both the cas€s shell tot include ltis cost io the total cost ofered by the Consultants for this assiglmen! panicularly $@/--<d)..,case any amount against these line items is deemed to have been covered in other pay items.

I


aL -

3-

4-

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Say No to CorruPtiott

SUMMARY OF COST OF CONSULTANT FOR DESIGN REVIEW ANDSUPERVISION SERVICES

Note: 1- The dues and salaries of staff are payable by the Consultant in time and not later

than 10th of the following month positively. In case of failure to do so Client

shall intervene and pay these dues and salaries ofthe concerned Personnel and

recover from the invoice of the Consultant at actual charges paid plus IYo of the

amount. This will also be accounted for adversely in making assessment of the

Consultant in the next evaluation process for selection of consultants with report

of such defaults.

The grand total is inclusive of all the applicable Federal, Provincial and Local

taxes-. All these taxes (except the Sales Tax) are required to be built in the quoted

rates and not be mentioned separately.

Relevant documents are attached at the end of RFP.

Consultant's Head Office Support will be mandatory during Supervision; the

Financial Proposal Forms

FIN-7

[Refer also to Notes under Form TECH-4J

Sr. No. Description Amount (Pak Rs.)

I Salary Cost

2, Direct (Non -Salary Cost)

3. Sub Total:

4 .Sales Tax @ 16% on item 3 above whichshall be kept as Provisional Sum in theContract Agreement

Not Applicable till finaldecision of the Court of Law (3)

5 . Continsencies

Grand Total:

II

O"rign and Construction Supervision of ITS Installation at Hakla-D' I. K. Motorway Pase 45 of 124

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5- Any key position that remains vacant for more than one month that was requiredto be filled for that period, a compensation equivalent to the charge rate of thatindividual will be imposed. For clarification, the invoice will not include thecharge rate of the missing individual and additionally, the charge rate of onemonth for that individual will be deducted from the invoice. This will bereplicated for all missing key personnel. For the 2"d month, the compensationpayment will be doubled. For the 3'd month, an additional warning will beissued. If the issue persists in the fourth month, the firm can be penalized byinvoking conditions of contract and even to the extent of consideration forblacklisting.

,\

II


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Say No to Ccrruption

APPENDIX - A

TERMS OF REFEREI{CE(Including Description of Services)

l-errcs o1'Refbreitcr:

Design and Construction Supervision of ITS Installation at Hakla-D. L K. Motorway Page 47 of 124

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1. Project Overview

NHA is planning to deploy a state-of the-art Intelligent Transport System (ITS) alongHakla - D.I. Khan Motorway for improving road safety, traffic efficiency, passengerfacilitation, automated toll collection, logistic management and other applications.Some of the ITS applications are already operational along existing motorways andNHA has prepared a set of requirements for ITS solution for other motorways in thepipeline. These include:

o Traffic Control Center (TCC)

o Closed circuit television cameras;

r Weather information system;

o Variable message signs;

o Emergency roadside telephones;

o Electronic traffic and toll management system;

o Weigh-in motion detection system;

o Motorway FM radio for motorists; and

o Communication System

. Any other ITS activity to be performed by the contractor as per contract.

NHA is interested in further improving the efficiency of the above ITS applications andintroducing new applications which add significant value to NHA and motorway users.Hence, current ITS will only serve as a starting point for planning and design of an ITSsolution for Hakla - D.I. Khan Motorway. Vehicle-to-vehicle applications are not underconsideration at this stage.

Complete ITS solution will include detectors/sensors, displays, application andmanagement software, IT infrastructure, power infrastructure, and OFC basedcommunication backbone for ITS applications. As far as communication infrastructurefor ITS solution is concerned, NHA plans to build its own optical fiber cable basedtransmission infrastructure along the motorway and it is part of the EPC contract forMotorway Construction. An ITS solution will be procured under a separate contract.NHA has no plans to build a wireless access layer of its own at this stage but it willconsider using 3G/ 4G networks of licensed cellular mobile operators for ITSapplications requiring mobility.

NHA is seeking consultancy which will design ITS solution, assist NHA inprocurement and implementation supervision of ITS solution.

2. Objectives of Consultancy

The key objectives of this consultancy are as follows:

Design and Construction Supervision of ITS Installation at Hakla-D. I. K, Motorway Page 48 of-124

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oi li.eference

2.L Development of ITS design for Hakla-DI Khan Motorway

2.2. Review of existing ITS applications, infrastructure design, O&M manuals, andrecommendations for improvement and standardization;

2.3. Study of new ITS applications and recommendation of applications most suitedto Pakistani environment and NHA requirements;

2.4. Infrastructure planning and design of a modular ITS solution for Hakla-D.I.Khan Motorway with approved applications as per relevant industry standardsand international best practices;

2.5. Assistance in vendor(s) selection for Hakla-D.I. Khan Motorway ITS solution;

2.6. Implementation supervision of ITS along Hakla-D.L Khan Motorway;

Scope of Work

The scope of work shall include the following list of tasks:

3.1. Project Inception and Data Collection

3.1.1. Review of Design and Operation & Maintenance

As a first step the consultant will review the employer's requirementsand contract specifications. Then the consultant will review the designdocuments, specifications, of existing ITS applications andinfrastructure, currently available and planned along NHA Motorways.The review will cover all the components of the ITS infrastructuredefined in the project overview. The consultant will be expected toreview the ITS infrastructure keeping in view the employer'srequirements, local and international standards, local environment andthe budset.

3,1.2. Stakeholder Management Plan and Coordination

In the second step the consultant will prepare stakeholder managementplan and obtain feedback from relevant stakeholders, who use, operateand maintain the ITS applications and infrastructure, for impactassessment, improvements, and standardization. During thisconsultation process with the relevant stake holders the consultant willalso discuss new applications that the stakeholders consider valuable.After consultation with NHA and relevant departments, the consultantwill consolidate the inputs from all the relevant departments anO

$"ft.p^5"a presentation to NHA. .{p)::.::"-:,t:


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ol'l{eference

3.1.3. Field Visit

In the third step the consultant will conduct a field visit to a selected

number of sites to develop an insight into implementation of the design,

operation and maintenance of the ITS infrastructure. Finally, consultant

will recommend improvements and standardization of existing and ITS

applications and infrastructure for future motorways including Hakla-

D.I. Khan Motorway based on review of documents, consultation with

relevant stake holders, and field visit. NHA will deliberate upon these

inputs and fnalize a set of recommendations for improvement and

standardization for ITS applications and infrastructure.

3.2. Functional and Operational Framework of New ITS System:

The consultant shall conduct a study of new ITS applications which are not

planned/ deployed in NHA so far. Consultant will study two or more feasible

ITS solutions and their consequences in line with the project objectives and give

recommendations accordingly and secure approval from NHA for prefened

option. The consultant should speci$r the functional, interface, technical,

performance, safety, testing, training and operational requirements for all ITS

components associated with the preferred option. The study shall be delivered

in the form of a report and presentation to NHA officials. The consultant will

provide the following requirements for the prefened option but not limited to:

o ITS Architecture requirements;

Functional requirements, including description of the main

the system and its operation

Interfaces requirements,

Performance requirements

Operation requirements;

Testing requirements;

functions of

o Documentation and training requirementso Local Environment Feasibility

3.3. Detailed Design and Specification for ITS Deployment

3.3.1. Development of Design '!

The consultant will develop a scalable and modular high-level design of

the ITS solution which will allow growth in traffic and addition/

integration of new applications. The design will include a consolidated

list and deployment map of all the detectors/ sensors, electronic

signboards, application management and analysis software, IT

infrastructure, communication requirements, electrical power

requirements. Any control center requirements and locations will also


VII

Pase 50 of 124

.''*: i : *'ii?.

3.4.

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be proposed in the high-level design. A single control center for all ITS

applications will be preferred. In this task the consultant will define ITS

requirements for wireless access layer and optical transmission layer.

The consultant shall design the complete ITS architecture and prepare

all ITS and communications layout drawings, including but not limited

to the following;

o Control center layout

o System and Subsystems block diagrams

o Wiring diagrams and Fiber optic cable splicing diagrams

. Standard Drawings

o Design calculations, including Communications bandwidthrequirements; Power load requirements

. Specifications of Equipment

o Software functional and performance specifications and their

licenses

. BOQs and Estimates

o Tender Documents

3.3.2, Specifications of ITS Solution Components

In this task the consultant will prepare/ examine the consolidated high-

level design requirements ofthe ITS solution and generate specifications

of the complete solution as well as all the components of the ITS

solutions defined in the Project Overview. Site-wise BoQs and

budgetary cost estimates of sensors, electronic signboards, application

management and analysis software, IT infrastructure, communication

infrastructure and civil works for control centers.

ITS Infrastructure Planning and Design

3.4.1. Survey: The consultant shall conduct a joint survey with the contractor

along the Hakla-D.I. Khan Motorway from the point of view installation

of oFC along the motorway, other ITS infrastructure, availability of

utility power and 3G or 4G network coverage. The survey report shall

include characterization of soil types along the motorway and provide

route drawings for OFC installation, identiff locations with utility

power, and coverage maps of 3 G /4 G networks of all four servi

providers along the motorway.

lr\l

Design and Construction Supervision of ITS Installation at Hakla-D. L K. Motorway

IItIIItIltIIIIIIII

Sa1, No to (Jorrupt iot t

3.4.2.

3.4.3.

3.5.

'l'erms of Refbrence

Outside Plant (OSP) Design Codes: Based on the survey, road

construction environment, and industry practices the consultant shall

review the design codes proposed by the contractor and recommend

modifications. NHA would like to reduce the cost of installation by

taking advantage of digging during road construction. The consultant

shall develop an NHA oSP Design code which will be followed for

OFC installation. The design code shall include installation

specifications, installation technique and processes, joittt pits, handholes

if required, and any other civil works requirements for OFC or its

accessories.

Specifications for OFC and Accessories: Consultant shall propose/

review specifications for OFC keeping in view the laying technique

proposed in OSP Design code, relevant ITU and industry standards and

best practices. The optical fiber specifications will meet both short-haul

transmission needs of ITS and long-haul transmission requirements of

telecom sector. The speci{ications will include cable construction,

optical fiber specifications, splicing specifications, type approval tests,

routine acceptance tests and any other requirements deemed necessary

by the consultant. Similar specifications shall be provided for joint

boxes, cable duct if necessary, and any other accessories.

Preparation of RFP(s), Assistance in Vendor Selection and Implementation

Phasing Plan:

3.5.1. Procurement Strategy and RFP(s) Preparation: A procurement

strategy will be provided by the consultant for procurement of IT

infrastructure, communication infrastructure equipment, civil works for

control centers and an ITS solution comprising of sensors/ detectors and

application management/ analysis software independently or as a

turnkey solution. The cost benefit analysis will be presented to NHA and

NHA will take a final decision. The consultant will prepare a single or

multiple RFPs based on the specifications generated for complete ITS

solution and each ITS component depending upon NHA',s decision. The

RFPs shall comply with PPRA Rules.

J.5.2. Bidcling Assistance: Consultant will assist NFIA in conducting bidders'

conference, responding to bidders' queries, technical evaluation of

proposals, and commercial evaluation as per the criteria defined in the -;RFP(s). Consultant will be expected to provide recommendations fori,l

vendor selection. The final decision rvill be taken by NHA. ,

3.5.3. Implementation Phasing Plan: Consultant will propose a methodology

for implementation phasing and supervision of the ITS infrashucture for

ensuring the quality of build during implantation phase. Consultant shall

develop quality assurance and reporting processes, procedures, check

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lr\rDesign and construction supervision of ITS Installation at Hakla-D. I. K. Motorrvay 52 of 124

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3.6.II

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lists, and forms, which will be used for implementation supervision afterapproved by NHA. Consultant shall supervise also participate in theimplantation supervision and acceptance testing of the ITS solution.

Consultant shall deploy an experienced field team with vehicles for fieldactivities which will be responsible for implementation supervision.

Contract Administration & Construction Supervision

The scope of construction supervision and contract administration services ofthe Consultants shall include but rvill not be limited to the following tasks:

1) The consultant shall provide Construction liaison services whereconsultant will provide specialized services during system installation,testing and commissioning such as Factory Acceptance Test (FAT), SiteIntegration Test (SIT), Site Acceptance Test (SAT), OperationAcceptance Test (OAT), Performance Acceptance Test (PAT)

2) Prepare the Pre-Construction meeting agenda, and conduct the Pre-construction meeting, record and distribute the minutes;

3) Appoint various members of the Engineer's construction supervisionteam as the Engineer's Assistants (Resident Engineer/ AssistantResident Engineers, Material Engineers, Inspectors, etc.) and notiff theContractor and the Employer, and approve the Contractor'sRepresentative;

4) Interpret the specific provisions of the contract related to the Employer'sobligation to give possession of the Site, and the Contractor's WorkProgram, assess the contractual consequences of any specific landacquisition issue and advise the Employer on the appropriate mitigationmeasures;

5) Obtain the Parties' confirmation that all conditions in relevant clause ofthe Conditions of Contract pertaining to possession of Site are fulfilled;

6) Issue instruction to the Contractor to commence the Works;

7) Veriff whether the form and substance of the evidence of theContractor's insurances is satisfactory, whether insurance premiums

have been paid and the required insurances are effective on the datesrequired by the Contract;

8) Veriff that the terms of the Contractor's insurance policies fully complywith the requirements of the contract;

9) Monitor whether the Contractor maintains adequate insurance in thecourse of performance of the contract, particularly if t!ffoii'@-btorprovides insurances for a fixed period which is shorteq,'ihqktiilieliod :,required under the contract; i it\. t'.

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Advise the Employer on the appropriate action and contractual remediesin case that the Contractor does not perform its insurance obligations inaccordance with contract;

Without relieving the Contractors oftheir obligations under the contract,review and approve the traffic management and safety plan, and ensurecompliance such that the Works are carried out at all times in a safe andsecure manner and damage or injury to persons or property is avoided;

Obtain the bench marks and other information from the NHA DesignSection as required for commencement of construction activities;

ensure that the Contractors have all necessary data for setting out andcheck the Contractors' setting out including staking the right-of-waylimits, centerline, and grade and confirm permanent monuments in theconstruction area;

carry out the following duties related to environmental managementwith particular reference to the technical requirements of soundenvironmental standards on the basis of the Environmental Assessmentand Review Framework (EARF), the Initial EnvironmentalExaminations (IEEs), and the Environmental Management Plans duringconstruction: (i) review and endorse site specific EnvironmentalManagement Plans (EMPs) for the projects sections, prepared by theContractors; (ii) ensure that all the environmental mitigation measuresrequired to be implemented are incorporated into the contractdocuments; (iii) ensure that the Contractors comply with the measuresand requirements relevant to the Contractors set forth in each IEE andEMP, and any corrective or preventative actions set out in EnvironmentMonitoring Reports; (iv) conduct environmental monitoring and ensurethat the day-to-day construction activities are carried out in anenvironmentally sound and sustainable manner; (v) prepare and submitsemi-annual environmental monitoring reports on the implementation ofthe 'Environmental management Plan (EMP) to PIU within 14 days aftera completion of the monitoring period;

with respect to the prevention of HIV/AIDs and Human Trafficking,monitor that the Contractors comply and carry out required actions asprovided in the respective contract documents, such as awareness andeducation of laborers and workers;

ensure that the Contractors do not involve child labor for the executionof the Works contracts in accordance with the provisions of the contractagreement;

without relieving the Contractors of their obligations under th%pfltfact--check and approve the Contractors' Working Drawiffi.jr4'ffhAd...Statements and Temporary Works proposals; ii;;1

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13)

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17)

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Design and Construction Supervision of ITS Installation at Hakla-D. L K. Motorway Pag'e*tq{*

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18) review the Contractor's Work Program and notify the Contractor if theprogram does not comply with the contract;

2e)

monitor the progress against the Work Program and the cash flowestimate and request revisions, if required;

report in the Consultants' Monthly Report the work progress against theContractor's Work Program and the cash flow estimate;

verify whether the progress charts in the Contractor's Monthly ProgressReport reflect the actual progress and correspond to the latest revisionof the Work Program and the cash flow estimate, and instruct theContractor to correct the report, if required;

if required, determine the Contractor's entitlements to time extensionsbased on the Contractor's Work Program;

determine the Employer's entitlement to Delay Damages on the basis ofthe Work Program and advise the Employer of the relevant contractualremedies if the Contractor's progress is behind schedule;

veriff the Contractor's Monthly Progress Reports and notiff theContractor of any incorrect or inconsistent information;

conduct regular weekly site meetings and monthly progress reviewmeetings, record and distribute the minutes;

perform quantity take-offs from drawings to veriff BoQ quantities;

issue regular notices to the Contractors of intended field measurements,measure the Works, compute the quantities for payment, and determinethe amounts due to the Contractor within the period specified in thecontract;

carry out any subsequent design changes, and expeditiously issuesupplementary drawings, site instructions, variation orders and day workorders to avoid delay to the works and to ensure that the works areexecuted in accordance with contract;

establish and maintain throughout the Works contracts a structuredsystem of meaSurement records, supporting documents and calculationsfor the payment of all BOQ items, that is transparent for auditingpurposes;

provide all necessary assistance to the Employer and external auditorsfor conducting regular quarterly audits of the measurement records,supporting documents and calculations for the payment of all BOQitems;

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31) verifu the sources of indices or prices for price adjustment,provisional value of an index/reference price until it is pu

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the index is not published in certain period(s), apply the last availablepublished value;

establish with the Contractor a standard format for the Contractor'sStatement and the Interim Payment Certificates;

issue the interim certificates to PIU for payment to the Contractors inaccordance with the Conditions of Contract, having regard to anycontractual provisions for advance payment, variation of price, andexchange rate fluctuation etc. Certify the completion of the Activities/Works or parts thereof and process final payments to the Contractors;

Prepare and maintain the Estimates of Cost of Works to Completioncontinuously, update the Estimates after each Variation instruction or aVariation Order issue and after each IPC, and present the latest Estimatein the Consultants' Monthly Progress Reports;

initiate and process variations promptly, when it is necessary for theconstruction of the Works;

request the Contractor's technical and cost proposal, as required, consultboth parties in all matters in connection to variation work;

Value variations, obtain the Employer's approval of any variation, issuevariations under the contract, keep record of allvafiations issued underthe contract and report the summary of the variations in the Consultants'Monthly Progress Reports;

discharge fully the Engineer's obligations with respect to approval ofmaterials and workmanship, approval and auditing of the Contractor's

Quality Assurance System and the QA Personnel and the compliancetesting by the Engineer;

inspect quarries and borrow pits, and crushing plants, and order tests ofmaterials and ensure adherence to specifications, and approve thesources of materials;

give notice to Contractors of any defects and deficiencies, and issueinstructions for the removal and substitution of the improper works,where provided under the contract. If required, order suspension of theWork(s) and/or recommend to PIU other recourse available under thecontract;

when the Works are completed in accordance with the contract, issue aTaking Over Certificate to the Contractor(s);

undertake an inspection of the Works at the completion of the respectiveroad sections, and certiSthe Contractor(s)' final accounts;

obtain the Employer's specific approval before taking anydetermination of extension oftime. additional costs and the

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claims for additional time or costs, for all events for which theEmployer's express approval is required under the Conditions ofContractl

4s)

assess objectively the Conhactor's claims and give professional andobjective advise to the Employer, consult both parties beforedetermining an extension of time;

determine Contractor's claims on the basis of the Contractor's WorkProgram, the impact of the delay(s) event on the Critical Path and theparticulars submitted by the Contractor, and not to act as theContractor's advisor in this matter;

prepare standard Daily Diary fotms and ensure that all supervision staffmaintain daily diaries of Contractor's and its own activities;

maintain an Events Log starting at beginning of contract;

assist the parties establish Dispute Board, if required under theConditions of Contract, provide all necessary information to DBmembers and attempt to facilitate amicable settlement of the disputebetween the Employer and the Contractor;

establish and maintain an effective documents management system inthe Engineer's office, which provides for separate filing of incoming andoutgoing correspondence and documents, as well as the filing by subjectmatter;

carry out detailed inspections of the Works during the DefectsNotification Period and prepare detailed inspection andrecommendation reports for the Employer after each inspection;

ensure that the Contractor(s) provide a safe workplace for theirworkforce, supervisory personnel and for members of the publicrequiring access through the Sites in full conformity with Health and

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Safety regulations;

52) ensure that the Contractor(s) comply fully with contractual obligationsrelating to care of the environment (both specified and legislated) andprovide all reports and obtain all permits and permissions required inrelation to spoil areas, borrow areas quanies and the like;

53) keep and maintain daily records of labor, equipment and weatherconditions on the Site along with records of activity, progress and otherevents happening on the Site and having relevance to the Works;

54) ensure the receipt of and maintain as permanent records of all waruanties

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advise PIIJ on need for effective liaison with local authorities, police,landowners, utility owners, complainants, the public and otherorganizations affected by the Works in order to minimize or avoidunnecessary delays or disputes;

maintain consolidated project accounts and assist NHA for settlement ofAudit Para's and objections raised, prepare replies related to project, andprovide the entire relevant documents/papers/letters etc. to support thereplies-until 1 year after completion of Works. The cost to be incuredmay be built in the rates;

develop training programs for NHA staff and develop on the job trainingon innovative construction methods, project management and valueengineering;

If required, prepare revised PC-l for the project including economicanalysis and Environmental Impact Assessment (EIA) on Performa ofPC-1 prescribed by Planning Commission;

provide any other specialist services requested by PIU under conditionsto be mutually agreed;

ensure that the construction methods as proposed by the Contractor forcarrying out the Works are satisfactory, inspection of Contractor'sconstruction equipment; and safety of the Works, property, personnel,and general public; the schedule of mitigation measures for adverseenvironmental impacts; and

For any laps in quality, quantity, or financial irregularity related to theperformance of the Services, the Consultants will indemnify the Client.

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Qualification and Experience of Key personal

1. Title: Project Manager

Experience:

Minimum fifteen (15) years, preferably twenty (20) years of which minimum 5 years, as Proj'ectManager on major highway projects. Proven ability to perform in a management capacity anda thorough knowledge of industry practices. In addition, must be knowledgeable of currenttechnology and how it can be effectively utilized on the project. Moreover,

Demonstrable track record in the delivery of large multidisciplinary projects

Must be a self-starter/pro-active

Should be ambitious and willing to take initiatives

Technically proficient in all aspects of project management such as technical,commercial, project controls (programmed, planning, risk, systems compliance etc.with various project stakeholders

Effective in building good working relationships within complex projects, bothinternally and

Strong working knowledge of MS Office and other related software.

Qualification:

Minimum B.Sc. (Civil Engineering) or preferably M.Sc. (Transportation Engineering) from arecognized University.

Responsibilities:

The Project Manager will be responsible for stakeholder coordination, sole contact person withNF{A and will be able to draft, review or recommend any project management relateddocuments as required and assist the NHA team in delivery of Project Managementrequirements for project managed by NHA. In addition, the project manager will be responsiblefor:

Ensure and review project management compliance related to Projects

Liaise with various internal teams and external stakeholders to effectivelv manasevarious Projects.

Lead planning and implementation of project

Facilitate the definition of project scope and goals

Define project tasks and resource requirements

Assemble and coordinate project staff

Manage project budget andManage project resource allocation

Plan and schedule project timelines

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o Provide direction and support to project team

o Quality assurance

o Strong presentation skills (creating and delivering) and preparing presentations forworkshops, management meetings, etc.

Managing Senior Management Team meetings and strategic workshops

Collaboration and communication with internal and external stakeholders

Provide progress reports as and when required

Attendance at relevant meetings

Title: ITS Applications Expert

Experience:

Minimum 10 years post graduate experience in development of Intelligent TransportationSystem (ITS) architecture related to road and highway infrastructure projects.

Experience in traffic engineering studies and analysis.

Experience in the design and operation of ITS infrastructure. In depth knowledge ofITS design standards and procedures.

Experience in the operation and maintenance requirements of ITS infrastructure.

Experience with electrical, electronics, telecommunications systems as related to ITS.

Proficiency in computer and software applications

Qualification:

Minimum B.Sc. (Civil/ Electrical Engineering) or preferably M.Sc. (CiviV Electrical

Engineering) from a recognized University.

Responsibilities:

The Subject Matter Intelligent Transportation System (ITS) Application Expert is primarily

responsible for development of an ITS Strategy and Action Plan for Implementation. He will

also be responsible and lead the team for the development of ITS Architecture for road and

highway projects of NFIA in accordance with international best standards, specifications andprocedures.

o Reviews the exiting ITS infrastructure deployment and conduct the assessm ent and gap/

overlap analysis.

. Prepares and issues specifications, data sheets, and other documents

o Providing ITS advice and guidance into various road and highway infrastruCtureprojects.

o Carrying out studies for the implementation and operation of ITS. :

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May act in an advisory capacity to senior management of NHA and other Stakeholders

on engineering related matters.

Completes a wide variety of difficult engineering assignments, applying engineering

techniques and analyses within one discipline. The Engineer at this level is a fully

qualified professional, proficient in the utilization of most engineering theories and

practices,

Performs complex engineering tasks and particularly

efficiently and accurately.

engineering work

Performs other responsibilities associated with this position as may be appropriate.

3. Title: Design Manager

Experience:

Minimum 15 years'preferably 18 years of relevant experience in design of national highway

projects of which 5 years minimum and 7 years' desirable as Highway Design Engineer in ITS

design projects.

Qualification:

Minimum B.Sc. (Civil Engineering) or preferably M.Sc. (Civil/ Highways/ Transportation

Engineering) from a recognized University.

Responsibilities:

Generally, role of a Design Manager is to decide the placement of the ITS equipment with

respect to surrounding physical environs and give a shape to its configuration with due care for

mobility, access management, traffic control and best possible road safety mechanism.

The Design manager will design the ITS equipment and civil works for ITS. The Design

manager will improve the design as per client directions. Design Manager will be part

of the supervision services team too and will be providing all necessary assistance to

the construction supervision team with respect to any design issues. He/she shall ensure

that the ITS equipment is installed according to the design and providing information

to NHA on the monthly progress reports.

He/ She will generate typical and standardized design details of various elements as

appropriate; Produce the design folder in hard and soft formats; and Keep liaison with

the Client for design review matters.

4. Title: Power Works/Sensors Expert

Experience:

Minimum 15 years' preferably 18 years' relevant professional experience of wh

minimum and 10 years' desirable experience as Power/ Sensors expert on

of National Highways/ Expressways/ Motorways.

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Qualification:

Minimum B.Sc. (Electrical/ Electronics/ Computer Engineering) or preferably M.Sc.(Electrical/ Electronics/ Computer Engineering) from a recognized University.

Responsibilities:

Responsibilities of the Power Works/Sensors Expert will include, but is not limited to thefollowins:

Ensure the power requirements for ITS equipment.Ensure the implementation of Power designEnsure that backup power is provided by the contractorHelps in sensors procurement

Advise the client about the best sensors availableMake comparison of different sensors available worldwide and will recommend thebest with good qualities and reliability to the clientEnsure that the sensors installing by the contractor are according to the internationalstandards.Will make SOP for sensors

5. Title: IT/Communication Systems Expert

Experience:

Minimum 5 years post graduate experience in development of communication andinstrumentation systems related to road and highway infrastructure projects with an overallexperience of 10 years.

Have experience in SCADA, ATC, ATS, IXL, MSS, DCS, TETRA systems.Previous strong management experience of Multicultural teams.Very good knowledge of ITS products and systems.

Conflict management and interpersonal skills.Team spirit approach and good communication skills.Proficiency in computer and software applications

Qualification:

Minimum B.Sc. (Electrical/ Telecom/ Computer Engineering) or preferably M.Sc. (Electrical/Telecom/ Computer Engineering) from a r ecognized University.

Responsibilities:

Reporting to Project Manager and ITS application specialist.Support in preparation and execution of internally producedservices/ parts and in accordance with NHA expectationsrequirements of ITS standards and policies.

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6. Title: Transportation Engineer

Experience:

Minimum 5 years' experience in transportation and traffic studies with an overall experienceof l0 years' The transportation enginler will be able to demonstrate recent transportationengineering experience in the consulting industry and/or experience working with, or for,public sector clients.

o Must have proven experience in Transportation and Traffic planning and studies,o Transportation engineering experience in corridor planning and designo Familiarity with use ITS system with transportation engineeringo Strong time management and organizational skillso Excellent verbal, writing and communication skills

Qualification:

Minimum B'Sc. (Civil Engineering) or preferably M.Sc. (Transportation Engineering) from arccognized University.

Responsibilities:

' Reporting to project Manager and ITS subject matter speciarist.o Transpoftation planning, traffic engineering, preliminary engineering and 4etailed

designo conducting studies/survey and preparing professional reportso oversee the preparation and review of reports, plans and specificationsr Quality control checks on engineering and design deliverables.o Providing technical support to the team. Preparing and delivering presentations to NHA and other stakeholders.

7. Title: Civit Works Expert/Utilities Expert

Experience:

Minimum 10 years overall post graduate experienceMotorways, with preferably 5 years, experience inand Motorways.

Qualification:

Minimum B.Sc. (Civil Engineering) or preferably M.Sc. (Civil Engineering) from a reco gnizedUniversitv.

Responsibilities:

The civil works expert/utilities expert will be responsible for design of civil. Willdesign the handhole,o Design man hole for fibero Designing for poles of ITS equipmentr Design and supervise civil works of ITS.

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in civil works on National Highways andcivil works of ITS on National Highway

works for ITS.

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8. Title: Architecture Engineer

Experience:

Minimum l0 years overall post graduate experience as Architecture Engineer preferably 5years' experience in National Highways and Motorway/Expressway Projects.

Qualification:

Bachelor's degree in Architecture Engineering from a recognized university.

Responsibilities:

The Architecture Engineer will be responsible for:

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9. Title:ProcurementCoordinator:

Experience:

Minimum 10 years'preferably 15 years'relevant professional experience of which 5 yearsminimum and 8 years' desirable experience as procurement specialist in an IT/ Network/Electronics Company.

Qualification:

Bachelor's degree in Civil/ Elect/ Telecom/ Computer engineering with masters inProcurement Management/ Proj ect Management.

Responsibilities:

Overall responsibility of the procurements including but not limited to the following:

o Making cost comparisons of different ITS equipment. Making specifications comparison of different ITS equipmento Taking Presentations from different vendorso Assist NHA in procurement of ITS equipment

10. Title: Field Team Lead

Experience:

Minimum 10 years'preferably 15 years'relevant professional experience of which 5 yearsminimum and 8 years desirable experience as Field Team Lead on construction projects ofNational Highways/ Expressways/ Motorways

Qualification:

Minimum B.Sc. (Elect/ Telecom/ Computer Engineering) or preferably M.Sc. (Elect/ Telecom/

Design and Construction Supervision of ITS Installation at Hakla-D. I. K. MotorwayII

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Responsibilities:

Overall responsibility for the organization, conduct and delivery of consultancy services andreporting to NHA. The Team Leader will head the Consultants' team and will work directly tomanage the project and will maintain liaison with NHA.

Responsibilities of the Team Leader will include, but is not limited to the followins:. Ensure the Project implementation;o Assume full responsibility for the consulting team and performance of services under

the Consultancy Contract;o Ensure that the consulting team undertakes comprehensive review of the designs and

specifications which were prepared by the design consultant;Ensure that the consulting team undertakes comprehensive construction supervisionand contract administration of the Works;

o Oversee the Consultants activities ensuring compliance to details provided in theconstruction drawings and strict adherence to construction specifications;

r Oversee and supervise construction of Works in accordance with details provided inthe construction drawings ensuring strict adherence to construction specifications;

e Ensure preparation of detailed and quantitative progress reports to support theContractor's requests for progress payments;

' Keep the Employer informed of technical issues and progress of all Works both byinformal and formal meetings and correspondence and assist in any project issue whichthe Employer may require;

r Ensure implementation of environment and social safeguards requirements;' Assist the Employer in preparing responses to audit objections and queries of the

financiers or other Government Authorities;o Coordinate with all concemed Employer's organizations on project issues;o At the end of the construction activities, guide and ensure that the team prepares a

comprehensive Construction Completion Report inclusive of ooas-built drawings,, asappropriate;

o The Team Lead will be responsible for quality, cost, scope, time, safety, andenvironmental control of the subprojects;

o Certiffing work volume and recommending interim certificates for progress payments,maintaining consolidated project accounts, and preparation of financial statements,ensuring minimum disruption/damage to the environment by approval of Contractors,work statement/ methodology;

o Monitoring the impact of construction Works on the environment and local settlementsand providing information to the Consultants and NHA on the monthly progressreports;

. Preparing and issuing reports as defined subsequently;

. Taking measurements and keep measurement records;

. Maintaining records, correspondence, and diaries;o certiffing work volume and recommending interim certificates for

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Maintaining consolidated project accounts, and preparing of financial statements;Certiffing completion of part or all the Works;Inspecting the Works at appropriate intervals during the defects notification period andissuing the defects notification certificate;Processing the Contractor's possible claims;Ensuring minimum disruption/damage to the environment by approval of Contractors'work statemenV methodology, including monitoring the impact of construction Workson the environment and local settlements and providing information to NHA on themonthly progress reports;Providing the Employer with complete records and reports, and approving theContractors' as - built drawings for the Works; andCompile a Project completion report providing details of Project implementation,problems encountered, and solutions adopted, and detailing and explaining anyvariation in Project costs and implementation schedules from the original estimates.

11. Title: ITS Implementation Supervisors

Experience:

Minimum 10 years'preferably 15 years'relevant professional experience of which 5 yearsminimum and 8 years' desirable experience as ITS implementation supervisors on constructionprojects of National Highways/ Expressways/ Motorways

Qualification:

Minimum DAE (Elect/ Telecom/ Computer Engineering) or preferably B.Sc. (Elect/ Telecom/Computer Engineering) from a recognized University.

Responsibilities:

Overall responsibility for the organization, conduct and delivery of ITS services andreporting to NHA.

Ensure that the equipment is installed according to the design.Reporting on daily basis to Project Manager and Client.Supervising the installation and direct the contractor that installation is in line with thedesign and best practices.

Performs complex engineering tasks and particularly important engineering workeffi ciently and accurately.

12. Title: Civil Works Supervisors

Experience:

Minimum 10 years' preferably 15 years'relevant professional experience of which 5 yearsminimum and 8 years' desirable experience as Civil works supervisors on constructio;rptdjects

I ofNational Highways/ Expressways/ Motorways

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Qualitication:

Minimum DAE (civil Engineering) or preferably B.Sc. (Civil Engineering) from a recognizedUniversity.

Responsibilities:

. Supervising the Civil Works of ITSo Ensuring that all the Poles are erected according to the safety conditionso Direct contractor to perform Safety tests for poles of ITS equipment.o Ensuring that pavement is not damaged during installationo Provide details about existing structures, damages and assessment;o Assist and recommend approval of Contractor's work program, method statements,

material sources, etc.;o Oversee and supervise construction of Works in accordance with details provided in

the construction drawings ensuring strict adherence to construction specifications;o Ensure preparation of detailed and quantitative progress reports to support the

Contractor's requests for progress payments;o Keep the Employer informed of technical issues and progress of all Works both by

informal and formal meetings and correspondence and assist in any project issue whichthe Employer may require;

o Ensure implementation of environment and social safeguards requirements;o Assist the Employer in preparing responses to audit objections and queries of the

financiers or other Government Authorities;o Coordinate with all concerned Employer's organizations on project issues;' At the end of the construction activities, guide and ensure that the team prepares a

comprehensive Construction Completion Report inclusive of "as-built drawings,, asappropriate;

o Certif ing work volume and recommending interim certificates for progress payments,maintaining consolidated project accounts, and, preparation of financial statements,ensuring minimum disruption/damage to the environment by approval of Contractors,work statement/ methodology;

t Monitoring the impact of construction Works on the environment and local setflementsand providing information to the Consultants and NHA on the monthly progressreports;

t :

;d#;,*ffi;X#ffHiillJ:lli,"';;- rhe setting out orthe works,o Taking measurements and keep measurement records;

I o Certrf ing work volume and recommending interim certificates for progress payments;' Maintaining consolidated project accounts, and preparing of financial statements;

I o Certifizing completion of part or all the Works;

"r-;"r:j.: ,,,;::,..,

I ' InsPecting the Works at appropriate intervals during the defects notincatis'rukerioA u;a.'issuing the defects notificarion certificate.

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5. Staffing Requirements

'l 'erms oi R.e lerence

* Having five (05) years International experience

Team Requiredfor

Sr.No.

Key/Non-Key

StaffPosition Nos. Months

TotalMan

Months

1. Design Phase

l . l

Key Staff

Project Manager* 3

t .2 ITS Applications Experl* J J

t .3 Design Manager J 3

1 .4 Power Works/ Sensors Exoerl J J

1 . 5 IT/ Communication Systems Expert I J J

1 .6 Transportation Engineer I J J

1 .7Non-Key

Staff

Civil Works Expert/ Utilities Expert I 1 . 5 1 . 5

1 . 8 Architecture Engineer I I

Sub Total (1) 8 20.5

2, ProcurementPhase

2 .1Key Staff

Procurement Coordinator I 4 4

2.2 ITS ApplicationsExpeft* I 22

Intermittent

Sub Total (2) 2 6

3. Supervisionphase

3 . 1Key Staff

Project Manager* t 33

lntermittent

3.2 ITS Applications Expert* I 3 J

lntermittent

J . J

Non-KeyStaff

Field Team Lead 6 6 36

3 . + ITS Implementation Supervisors 6 6 J O

J . J Civil Works Supervisors 4 6 . A

Sub Total (3) t8 102

4. Support Staff

4 .1

Non-KeyStaff

CAD Operator 2 6

4.2 Computer Operator z t2 24

4.3 Helper/ Office Boy J 8 24

4.4 Drivers J t2 36

Sub'Total (4) 10 90

Total to 4) 38 218.5

Total Key Staff 10 30

Total Non-Key Staff 28 188.s

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Mode of Payment

The client will make the payments to the consultant in line with the abovedeliverables. Payments will be made upon acceptance of deliverable by the client as acompleted task. The payment shall be made as per following:

Ten percent (10%) of the Contract Price shall be paid on submission of the InceptionReport and against the submission of Advance Bank Guarantee for an amount equalto l0%o ofthe contract price;

Total contractual worth of the activities mentioned in above table starting fromS.No.3.2 to S.No.3.5.3 shall be forty percent (40%). Upon completion of eachactivity and acceptance of report by client, percentage as mentioned above of thetotal contract value will be paid to the consultant.

Total contractual worth of field implementation and construction supervisionactivities will be forty percent (40%) of the total contract value. This amount willbe paid to consultant in 6 equalmonthly installments.

Ten percent (10%) of the Contract price shall be paid after review/modification ofacceptance testing procedures proposed by vendor (PAT & FAT).

t

Sr./TOR Description o/o age

3.1 Inception Report lAYo

J . ZFunctional and Operational Framework of New ITSSystem 5Yo

3.3 .1 Development of Design 5Yo

3.3 .2 Specifications of ITS Solution Components 5Yo

3.4 ITS Infrastructure Planning and Design l0%;o

3 .5 .1 Procurement Strategy and RFP(s) Preparation 5%

3.5 .2 Bidding Assistance 5%

3.5 .3 Implementation Phasing Plan 5%

3.6 Contract Administration & Construction Supervisionand Daily progress reporting

40% (will be paidin 6 equal monthly

installments)

J . tReviedmodifi cation of Acceptance testing proceduresproposed by vendor (PAT & FAT) l0Yo

Tofal t00y,

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PERSON-MONTHSAND ACTIVITYSCHEDULE

Person-Mouths and Activitv Sc.hedule

APPENDIX B

[To estimate Consultant's inputs and costs for the Assignment,person-month and activity schedules are to be provided as perenclosed format (Forms TECH-7 and TECH-8). These two schedulesshould conelate.]


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CLIENT'SREQUIREMENTSFROM THECONSULTANTS

Client's Requirements li'om the {lonsullants

APPENDIX C

Selecting a Consulting Firm is one of the most importantdecisions a Client makes. The specific criteria for considerationare technical competence, managerial ability, professionalintegrity and fairness of fee structure. The Client will seekinformation on all these aspects by:

a. Obtaining comprehensive written information from theconsultants in the form of proposals (against the RFPs)which should be complete in all respects by providing alldetails as correctly known as possible. It has beenexperienced that some consultants try to hide theirdeficiencies viz-a-viz the requirements of TOR by makingunclear and vague statements. It will be policy of evaluatorsthat vague statements and lack of clarity in proposals onspecific issues may be made the reason to downgrade theratins.

b. Talking to the senior personnel of the consultants.

c. Consulting other clients of the consultants.

d. Viewing the projects the consultants have accomplished andvisiting/ interviewing the users of the projects.

e. Visiting the office premises of the consultants andexamining systems and method of working as well as,personnel, hardware and software abilities available therein.Seeking information or visits to the sites for backup supportand holding meetings with client's representatives.

2. The approach and methodology proposed including workplan, activity and man-month schedule should bemeaningful and fully coordinated to judge the understandingof the proposed Assignment by the competing consultants.

For Items 1 (b) to I (e), inspections can be held any time priorto or after award of the Assignment to the Consultant. If thesituation is not found compatible with what is presentedduring procurement of Consultant or as per Contract, theConsultant will be liable for a suitable punitive action.l

Note:

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PERSONNEL, EQUIPMENT,FACILITIES AND OTHERSERVICES TO BEPROVIDED BY THE CLIENT

Personnel, Equipment, Facilities and CltherServices to be Provided b3.'the Client

APPEI\DIX D

As per TOR


Coprv of h4odel AgreementSii1, t.r" rt 1o Colrt t Ptkltt

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APPENDIX-E

COPY OF MODEL AGREEMENT(To be finalized during Negotiations)

Pase 73 of 124Design and Construction Supervision of ITS Installation at Hakla-D. L K. Motorway

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Contract for Engineering Consultancy Sen'ices(Time Based)

Between

(NAME OF CLTENT)

And

(NAME OF THE CONSULTANTS)

For

(BRIEF SCOPE OF SERVTCES)

OF (NAME OF PROJECT)

Month and Year

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TABLE OF CONTENTS

FORM OF CONTRACTGENERAL COI\DITIONS OF CONTRACTGENERAL PROVISIONS

DefinitionsLaw Governing the ContractLanguageNoticesLocationAuthorized RepresentativesTaxesLeader of Joint VentureRelation between the PartiesHeadings

COMMENCEMENT, COMPLETTON, MODIFICATTON,AND TERMINATION OF CONTRACT

Effectiveness of ContractTermination of Contract for Failure to Become EffectiveCommencement of ServicesExpiration of ContractModificationExtension of Time for CompletionForce MajeureDefinitionNo Breach of ContractExtension of TimePaymentsSuspension of Payments by the ClientTerminationBy the ClientBy the ConsultantsCessation of ServicesPayment upon TerminationDisputes about Events of Termination

OBLIGATIONS OF THE CONSULTANTS

GeneralStandard of PerformanceLaw Governing ServicesConsultants Not to Benefit from Commissions, Discounts. etc.ConfidentialityLiability of the ConsultantsOther Insurances to be taken out by the ConsultantsConsultants' Actions Requiring Client's Prior Approval

C'op,v o l' Morlcl Agleement

Page No.

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6.

6 .16.26.36.46.56.66.7

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N0 t0 Clclrruption Cop_v r:f Morlel Agleement

Reporting ObligationsDocuments Prepared by the Consultants to be the Property of the ClientEquipment and Materials Furnished by the ClientAccounting, Inspection and Auditing

CONSULTANTS' PERSONNEL AND SUBCONSULTANTS

GeneralDescription of PersonnelApproval ofPersonnelWorking Hours, Leave, Overtime, etc.Removal and/or Replacement of PersonnelResident Project Manager

OBLIGATIONS OF THE CLIENT

Assistance, Coordination and ApprovalsAssistanceCo-ordinationApprovalsAccess to LandChange in the Applicable LawServices and FacilitiesPaymentsCounterpart Personnel

PAYMENTS TO THE CONSULTANTS

Cost Estimates, Ceiling AmountRemuneration and Reimbursable Direct Costs (Non-salary Costs)Currency of PaymentMode of Billing and P ayrnentDelayed PaymentsAdditional ServicesConsultants' Entitlement to Suspend Services

FAIRI\ESS AI\D GOOD FAITH

Good FaithOperafion of the Contract

SETTLEMENT OF DISPUTES

Amicable SettlementDispute Settlement

INTEGRITY PACT

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8.

8 .18.2

9.

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THE RIGHTS AND DUTIES OF THE CONSULTANTS

ObligationsIndirect paymentsRoyaltiesProvision of Expert Technical AdvicePenalty

SPECIAL CONDITIONS OF CONTRACT[Details to be finalized by the users]

APPEi\DICES

Appendix A- Description of the ServicesAppendix B- Reporting RequirementsAppendix C- Key Personnel and Sub-consultantsAppendix D- Breakdown of Contract Prices in Foreign CunencyAppendix E- Breakdown of Contract Prices in Local CurrencyAppendix F- Services and Facilities to be Provided by the Client and Counterpart

Personnel to be Made Available to the Consultants bv the Client.Appendix G- Integrity Pact

ALTERNATE TITLE PAGE IN CASE OF JvALTERNATE FORM OF CONTRACT IN CASE OF JV

Design and Construction Supervision of ITS Installation at Hakla-D. L K. Motorway Page77 ofl24


[Notes: I.

2.

3.

Copy ol' Trlodel Agleement

FORM OF CONTRACT

Use this Form of Contract when the Consultants pedornt Services as SoleConsultants.

In case the Consultants perform Services as a Member of the joint venture, usethe Form included at the end.

All notes should be deleted in the final text.l

This CONTRACT (hereinafter called the "Contract") is made on theof_(year), between, on the

day ol (month)one hand,

tIIIIIIttIIItTIItItI

(hereinafter called therepresentatives and

"Client" whichpermitted

expression shall includeassigns) and, on

legalhand,

thethe

successors,other

(b)

(hereinafter called the "Consultants" which expression shall include the successors, legalrepresentatives and permitted assigns).

WHEREAS

(a) the Client has requested the Consultants to provide certain consulting services asdefined in the General Conditions of Contract attached to this Contract (hereinaftercalled the "Services"); and

the Consultants, having represented to the Client that they have the requiredprofessional skills, and personnel and technical resources, have agreed to provide theServices on the terms and conditions set forth in this Contract:

NOW THEREFORE the Parties hereby agree as follows:

1 . The following documents attached hereto shall be deemed to form an integral part ofthis Contract:

the General Conditions of Contract;the Special Conditions of Contract;the following Appendices:

[Note: If any of these Appendices are not used, the words "Not Used" should beinserted below/next to the title of the Appendix and on the sheet attqched heretocarrying the title of that Appendix.J

Appendix A: Description of ServicesAppendixB: Reporting RequirementsAppendix C: Key Personnel and Sub-consultantsAppendix D: Breakdown of Contract Price in Foreign CurencyAppendix E: Breakdown of Contract Price in Local Curency

(a)(b)(c)


lIIItIIIIIItIIIIIIIT

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Appendix F: Services & Facilities to be provided by the client andCounterpart Personnel to be Made Available to the Consultantsby the Client.

Appendix G: Integrity Pact (for Services above Rs. l0 million)

The mutual rights and obligations of the Client and the Consultants shall be as set forthin the Contract, in particular;

(a) the -Consultants shall carry out the Services in accordance with the provisionsof the Contract; and

(b) the Client shall make payments to the Consultants in accordance with theprovisions of the Contract.

2.

IN WITNESS WHEREOF, the Parties hereto haverespective names in two identical counterparts, eachas ofthe day, month and year first above written.

Witness

Sisnatures

Name

Title

Witness

Signatures.

Name

Title

caused this Contract to be signed in theirof which shall be deemed as the original,

For and on behalf of

(cLrENT)

Signatures

Name

Title

(Seaf

For and on behalfof

(CONSULTANTS)

Signatures

Name

Title

(Seal)


lItITttIIIITIIITItTT

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II. GENERAL CONDITIONS OF CONTRACT

1. GENERAL PROVISIONS

1.1 Definitions

Unless the context otherwise requires, the following terms whenever used in thisContract have the following meanings:

(a) "Applicable Law" means the laws and any other instruments having the forceof law in the Islamic Republic of Pakistan, as those may be issued and in forcefrom time to time:

(b) "Contract" means the Contract signed by the Parties, to which these GeneralConditions of Contract (GC) are attached, together with all the documents listedin Clause 1 of such signed Contract;

"Contract Price" means the price to be paid for the performance of the Services,in accordance with Clause 6:

"Effective Date" means the date on which this Contract comes into force andeffect pursuant to Sub-Clause 2.1;

"GC" means these General Conditions of Contract:

"Government" means the Government of the Islamic Republic of Pakistan;

"Foreign Currency" means currency other than the currency of Islamic Republicof Pakistan;

"Local Currency" means the cunency of the Islamic Republic of Pakistan;

"Member" in case the Consultants consist of a joint venture of more than oneentrty, means any of the entities, and "Members" means all of these entities;

"Part5/" means the Client or the Consultants, as the case may be, and "Parties"means both of them;

(c)

(d)

(e)

(0

(g)

(h)

(i)

0)

(k) "Personnel" means persons hired by the Consultants or by any Sub-consultantas employees and assigned to the performance of the Services or any partthereof;

(l) "SC" means the Special Conditions of Contract by which the GC are aor supplemented;

(m) "Services" means the work to be performed by the Consultants puContract, as described in Appendix A;

t


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(n)

(o)

(p)

Clopy c1' Morlel Agreemenf

"Sub-consultant" means any entity to which the Consultants subcontract anypart of the Services in accordance with the provisions of Sub-Clause 3.6;

"Third Party" means any person or entity other than the Client, the Consultantsor a Sub-consultant; and

"Project" means the work specified in SC for which engineering consultancyservices are desired.

1.2

1.3

1.4

1.5

1.6

Law Governing the Contract

This Contract, its meaning and interpretation, and the relation between the Parties shallbe governed by the Applicable Law.

Language

This Contract has been executed in the English language which shall be the binding andcontrolling language for all matters relating to the meaning or interpretation of thisContract. All the reports and communications shall be in the English language.

Notices

Any notice, request, or consent made pursuant to this Contract shall be in writing andshall be deemed to have been made when delivered in person to an AuthorisedRepresentative of the Party to whom the communication is addressed, or when sent byregistered mail, telex, or facsimile to such Pafi at the address of the AuthorisedRepresentative specified under Sub-Clause SC 1.6. A Party may change its address fornotice hereunder by giving the other Party notice ofsuch change.

Location

The Services shall be performed at such locations as are specified in Appendix A and,where the location of a particular task is not so specified, at such locations as mutuallyagreed by the Parties.

Authorised Representatives

Any action required or permiffed to be taken, and any document required or permittedto be executed, under this Contract by the Client or the Consultants shall be taken orexecuted by the Authorised Representatives specified in the SC.

1.7 Taxes

Unless specified in the SC, the Consultants, Sub-consultants, and theirpay such taxes, fees, and other impositions as may be levied under the A Laui..i :

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Design and Construction Supervision of ITS Installation atHakla-D. L K. Motorway Paee 8l of 124

1.8

1.9

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Leader of Joint Venture

In case the Consultants consist of a joint venture of more than one entity, theConsultants shall be jointly and severally bound to the Client for fulfillment ofthe termsof the Contract and designate the Member named in SC, to act as leader of the JointVenture, for the purpose of receiving instructions from the Client.

Relation between the Parties

Nothing contained herein shall be construed as establishing a relation of master andservant or of principal and agent as between the Client and the Consultants. TheConsultants, subject to this Contract, have complete charge of Personnel and Sub-consultants, if any, performing the Services and shall be fully responsible for theServices performed by them or on their behalf hereunder.

1.10 Headings

The headings shall not limit, alter or affect the meaning of this Contract.

2. COMMENCEMENT, COMPLETION, MODTFTCATTON,AI\D TERMINATION OF CONTRACT

Effectiveness of Contract

This Contract shall come into force and effect on the date (the "Effective Date") of theClient's notice to the Consultants instructing the Consultants to begin carrying out theServices. This notice shall confirm that the effectiveness conditions, if any,listed inthe SC have been met.

Termination of Contract for Failure to Become Effective

If this Contract has not become effective within such time period after the date of theContract signed by the Parties as shall be specified in the SC, either Party may, by notless than twenty eight (28) days written notice to the other Party, declare this Contractto be null and void, and in the event of such a declaration by either Putry, neither Partyshall have any claim against the othet Party except for the work (if any) already doneor costs already incurred by a Party at the request of the other Party.

Commencement of Services

The Consultants shall begin carrying out the Services at the endafter the Effective Date as shall be specified in the SC.

of such time period

2.4 Expiration of Contract

Unless terminated earlier pursuant to Sub-Clause 2.9, this Contract shallpursuant to the provisions hereof, the Services have been completed and

2.1

) 7

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2.3ItIIII

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2.5

2.6

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of remunerations including the direct costs if any, have been made. The Services shallbe completed within a period as is specified in the SC, or such extended time as maybe allowed under Sub-Clause 2.6.

The term "Completion of Services" is as specified in the SC.

Modification

Modification of the terms and conditions of this Contract, including any modificationof the scope of the Services or of the Contract Price, may only be made in writing,which shall be mutually agreed and signed by both the Parties.

Extension of Time for Completion

Ifthe scope or duration ofthe Services is increased:

(a) the Consultants shall inform the Client of the circumstances and probableeffects;

the increase shall be regarded as Additional Services; and

the Client shall extend the time for Completion of the Services accordingly.

2.7 Force Majeure

2.7.1 Definition

(a) For the purposes of this Contract, "Force Majeure" means an event which isbeyond the reasonable control of a Party and which makes a Party's performanceof its obligations under the Contract impossible or so impractical as to beconsidered impossible under the circumstances, and includes, but is not limitedto, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or otheradverse weather conditions, strikes, lockouts or other industrial actions (exceptwhere such strikes, lockouts or other industrial actions are within the power ofthe Party invoking Force Majeure to prevent), confiscation or any other actionby government agencies.

Force Majeure shall not include (i) any event which is caused by the negligenceor intentional action of a Party or such Party's Sub-consultants or agents oremployees, nor (ii) any event which a diligent Party could reasonably have beenexpected to both (A) take into account at the time of the conclusion of thisContract and (B) avoid or overcome in the carrying out of its obligationshereunder.

(c) Force Majeure shall not include insufficiency of funds or faipayment required hereunder.

(b)

(c)

(b)

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2.7.2 No Breach of Contract

The failure of a Party to fulfill any of its obligations under the Contract shall not beconsidered to be a breach of, or default under this Contract insofar as such inabilityarises from an event of Force Majeure, provided that the Party affected by such anevent; (a) has taken all reasonable precautions, due care and reasonable alternativemeasures in order to carry out the terms and conditions of this Contract; and (b) hasinformed the other Party in writing not later than fifteen (15) days following theoccurrence ofsuch an event.

2.7.3 Extension of Time

Any period within which aParty shall, pursuant to this Contract, complete any actionor task, shall be extended for a period equal to the time during which such Party wasunable to perform such action as a result of Force Majeure.

2.7.4 Payments

During the period of their inability to perform the Services as a result of an event ofForce Majeure, the Consultants shall be entitled to continue to be paid under the termsof this Contract, as well as to be reimbursed for additional costs reasonably andnecessarily incurred by them during such period for the purpose of the Services and inreactivating the Services after the end of such period.

2.8 Suspension of Payments by the Client

The Client may, by written notice of suspension to the Consultants, suspend allpayments to the Consultants hereunder if the Consultants fail to perform any of theirobligations under this Contract, including the carryingout of the Services, provided thatsuch notice of suspension (i) shall speciff the nature of the failure, and (ii) shall requestthe Consultants to remedy such failure within a period not exceeding thirty (30) daysafter receipt by the Consultants of such notice of suspension.

2.9 Termination

2,9.1 By the Client

The Client may terminate this Contract, by not less than thirty (30) days written noticeof termination to the Consultants, to be given after the occurrence of any of the eventsspecified in paragraphs (a) through (e) of this Sub-Clause 2.9.I and sixty (60) days inthe case of the event refened to in paragraph (f):

(a) if the Consultants do not remedy a failure in the performance oftheir obligationsunder the Contract, within thirty (30) days after being notified or within anyfurther period as the Client may have subsequently approved in writing;

ifthe Consultants become (or, ifthe Consultants consist of more than one entity,if any of their Members becomes) insolvent or bankrupt or enter into any

(b)

IIttIIII


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(c) if the Consultants fail to comply with any final decision reached as a result ofarbihation proceedings pursuant to Clause g hereof;

(d) if the Consultants submit to the Client a statement which has a material effecton the rights, obligations or interests of the Client and which the Consultantsknow to be false;

(e) if, as the result of Force Majeure, the Consultants are unable to perform amatefial portion of the Services for a period of not less than sixty (60) days;

(D if the Client, in its sole discretion, decides to terminate this Contract.

2.9.2 By the Consultants

The Consultants may terminate this Contract, by not less than thirty (30) days writtennotice to the Client, such notice to be given after the occunence of any of the eventsspecified in paragraphs (a) through (d) of this Sub-Clause 2.9.2:

(a) if the Client fails to pay any monies due to the Consultants pursuant to thisContract and not subject to dispute pursuant to Clause 8 within forty-five (45)days after receiving written notice from the Consultants that such payment isoverdue;

(b) if the Client is in material breach of its obligations pursuant to this Contract andhas not remedied the same within forfy-five (45) days (or such longer period asthe Consultants may have subsequently approved in writing) following thereceipt by the Client of the Consultants' notice speciffing such breach;

(c) if, as a result of Force Majeure, the Consultants are unable to perform a materialportion of the Services for a period of not less than sixty (60) days;

(d) if the Client fails to comply with any final decision reached as a result ofarbitration proceedings pursuant to Clause g hereof.

2.9.3 Cessation of Services

Upon receipt of notice of termination under Sub-Clause 2.9.1, or giving of notice oftermination under Sub-Clause 2.9.2,the Consultants shall take all neceisary steps tobring the Services to a close in a prompt and orderly manner and shall make everyreasonable effort to keep expenditures for this purpose to a minimum. With respect todocuments prepared by the Consultants, and equipment and materials furnished by theClient, the Consultants shall proceed as provided, respectively, by Sub-Clauses 3.8 or3.9.

2.9.4 Payment upon Termination

Upon termination of this Contract pursuant to Sub-Clauses 2.9.1shall make the following payments to the Consultants:

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(a) remuneration and reimbursable direct costs expenditure pursuant to Clause 6 forServices satisfactorily performed prior to the effective date of termination.Effective date of termination for purposes of this Sub-Clause means the datewhen 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 of any reasonable cost incidental to the prompt andorderly termination of the Contract, including the cost of the return travel of thePersonnel, according to Consultants Traveling Allowance Rules.

2.9.5 Disputes about Events of Termination

If either Party disputes whether an event specified in paragraphs (a) through (e) of Sub-Clause 2.9.1 or in paragraphs (a) through (d) of Sub-Clause 2.9.2 hereof has occurred,such Party may, within forty-five (45) days after receipt of notice of termination fromthe other Putfy, refer the matter to arbitration pursuant to Clause 8 hereof; and thisContract shall not be terminated on account of such event except in accordance withthe terms of any resulting arbitral award.

3. OBLIGATIONS OF THE CONSULTANTS

3.1 General

3.1.1 Standard of Performance

The Consultants shall perform the Services and carry out their obligations with all duediligence, efficiency, and economy, in accordance with generally accepted professionaltechniques and practices, and shall observe sound management practices, and employappropriate advanced technology and safe methods. The Consultants shall always act,in respect of any matter relating to this Contract or to the Services, as faithful advisersto the Client, and shall at all times support and safeguard the Client's legitimate interestsin any dealings with Sub-consultants or third parties.

3,1.2 Law Governing Services

The Consultants shall perform the Services in accordance with the Applicable Law andshall take all practicable steps to ensure that any Sub-consultants, as well as thePersonnel of the Consultants and any Sub-consultants, comply with the ApplicableLaw.

3.2 Consultants Not to Benefit from Commissions. Discounts. etc.

The remuneration of the Consultants pursuant to Clause 6 shall constitute theConsultants' sole remuneration in connection with this Contract or the Services. and theConsultants shall not accept for their own benefit any trade commission, disimilar payment in connection with activities pursuant to this Contract or toor in the discharge of their obligations under the Contract, and the Consul

Design and Construction Supervision of ITS Installation at Hakla-D. I. K. Motorway p!-t?!' , rl

3.3

3.4

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3.5

their best efforts to ensure that the Personnel, any Sub consultants, and agents ofeitherof them similarly shall not receive any such additional remuneration.

Confidentiality

The Consultants, their Sub-consultants, and the Personnel of either of them shall not,either during the term or after the expiration of this Contract, disclose any proprietaryor confidential information relating to the Project, the Services, this Contract, or theClient's business or operations without the prior written consent of the Client.

Liability of the Consultants

The Consultants are liable for the consequence of errors and omissions on theil part oron the part of their employees in so far as the design of the Project is concerned to theextent and with the limitations as mentioned herein below.

If the Client suffers any losses or damages as a result of proven faults, errors oromissions in the design of a project, the Consultants shall make good such losses ordamages, subject to the conditions that the maximum liability as aforesaid shall notexceed twice the total remuneration of the Consultants for design phase in accordancewith the terms of the Contract.

The liability of the Consultants expires after one (1) year from the stipulated date ofcompletion of construction or after three (3) years from the date of final completion ofthe design whichever is earlier.

The Consultants may, to protect themselves, insure themselves against their liabilitiesbut this is not obligatory. The extent of the insurance shall be up to the limit specifiedin second para above. The Consultants shall procure the necessary cover beforecommencing the Services and the cost of procuring such cover shall be bome by theConsultants up to a limit of one percent of the total remuneration ofthe Consultants forthe design phase for every year ofkeeping such cover effective.

The Consultants shall, at the request of the Client, indemniff the Client against any orall risks arising out of the furnishing of professional services by the Consultants to theClient, not covered by the provisions contained in the first para above and exceedingthe limits set forth in second para above provided the actual cost of procuring suchindemnity as well as costs exceeding the limits set forth in fourth para above shall bebome by the Client.

Other Insurances to be Taken out by the Consultants

In addition to the insurance stated in Sub-Clauseout and maintain the various insurances as areexpense of the Client.

3.4 above, the Consultants shall takespecified in the SC, at the cost and

3.6

3.7

3.8

3.9

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Consultants' Actions Requiring Client's Prior Approval

The Consultants shall obtain the Client's prior approval in writing before taking any ofthe following actions:

(a) appointing such Personnel as are listed in Appendix-C merely by title but notby name;

(b) entering into a subcontract for the performance of any part of the Services, itbeing understood (i) that the selection of Sub-consultants and the terms andconditions of the subcontract shall have been approved in writing by the Clientprior to the execution of the subcontract, and (ii) that the Consultants shallremain fully liable for the performance of the Services by the Sub-consultantsand its Personnel pursuant 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 specified inAppendix B in the form, in the numbers, and within the periods set forth in the saidAppendix.

Documents Prepared by the Consultants to be the Property of the Client

All plans, drawings, specifications, reports, and other documents and softwarepreparedby the Consultants in accordance with Sub-Clause 3.7 shall become and remain theproperty of the Client, and the Consultants shall, not later than upon termination orexpiration of this Contract, deliver (if not already delivered) all such documents andsoftware to the Client, together with a detailed inventory thereof. The Consultants mayretain a copy of such documents and software.

Restriction(s) about the future use of these documents, is specified in the SC.

Equipment and Materials Furnished by the Client

Equipment and materials made available to the Consultants by the Client, or purchasedby the Consultants with funds provided by the Client, shall be the properfy of the Clientand shall be marked accordingly. Upon termination or expiration of this Contract, theConsultants shall make available to the Client an inventory of such equipment andmaterials and shall dispose of such equipment and materials in accordance rvith theClient's instructions or afford salvage value of the same. While in possession of suchequipment and materials, the Consultants, unless otherwise instructed by the.p,lig3L,inwriting, shall insure them at the expense of the Client in an amountreplacement value.

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3.10 Accounting, Inspection and Auditing

Cop.v o1' Model Agleement

The Consultants (i) shall keep accurate and systematic accounts and records inrespect of the Services hereunder, in accordance with internationally acceptedaccounting principles and in such form and detail as will clearly identif, all relevanttime charges, and cost, and the basis thereof and (ii) shall permit the Client or itsdesignated representatives periodically, and up to one year from the expiration ortermination of this Contract, to inspect the same and make copies thereof as well as tohave them audited by auditors appointed by the Client.

4. C ONSULTAi\TS' PERSONNEL AI\D SUBC ONSULTANTS

General

The Consultants shall employ and provide such qualified and experienced Personneland Sub-consultants as are required to carry out the Services.

Description of Personnel

(a) The title, activities ofjob description and estimated period of engagement in thecarrying out of the Services of each of the Consultants'Personnel are describedin Appendix C.

Adjustment with respect to the estimated periods of engagement of varioussalary grades of the Personnel set forth in Appendix C may be made by theConsultants in accordance with the actual requirements ofthe Contractto ensureefficient performance of the Services, provided that the aggregate of suchadjustments shall not cause payments under this Contract to exceed the ceilingsset forth in Sub-Clause 6.1(a) of this Contract.

Approval ofPersonnel

The Key Personnel and Sub-consultants listed by title as well as by name in AppendixC are deemed to be approved by the Client. In respect of other Key Personnel whichthe Consultants propose to use in carrying out of the Services, the Consultants shallsubmit to the Client for review and approval a copy of their biographical data. If theClient does not object in writing (stating the reasons for the objection) within fourteen(14) calendar days from the date of receipt of such biographical data, suqf.,.f,!9YPersonnel shall be deemed to have been approved by the Client.

4.4 Working Hours, Leave, Overtime' etc.

Working Hours for Key Personnel are set forth in Appendix-C hereto.

Except for the staff covered under reimbursable direct costs expenditure, theoConsultants'remuneration given in Appendix D and Appendix E shall be deemed tocover paid casual leave, sick leave and earned leave. The Client will reimburse

(b)

4.3

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4.5

4.6

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overtime payments to eligible Personnel provided by the Consultants, in respect ofsupport staff and work charged staff. Any taking of leave by Personnel shall be subjectto the prior approval by the Consultants who shall ensure that absence for leavepurposes will not delay the progress and adequate supervision of the Services. Suchleave taking of the Authorised Representative of the Consultants at site, if any, shall bepreceded by the Client informed in writing.

Removal and/or Replacement of Personnel

(a) Except as the Client may otherwise agree, no changes shall be made in the KeyPersonnel. If, for any reason beyond the reasonable control ofthe Consultants,it becomes necessary to replace any of the Key Personnel, the Consultants shallprovide as a replacement a person of equivalent or better qualifications.

(b) If the Client; (i) finds that any of the Personnel has committed seriousmisconduct or has been charged with having committed a criminal action; or(ii) has reasonable cause to be dissatisfied with the performance of any of thePersonnel, then the Consultants shall, at the Client's written request speciSingthe grounds therefbr, provide as a replacement a person with qualifications andexperience acceptable to the Client.

(c) Any of the Personnel provided as a replacement under Sub-Clauses (a) and (b)above, the rate of remuneration applicable to such person as well as anyreimbursable expenditures (including expenditures due to the number of eligibledependents) the Consultants may wish to claim as a result of such replacement,shall be subject to the prior written approval by the Client. Except as the Clientmay otherwise agree, (i) the Consultants shall bear all additional travel and othercosts arising out of or incidental to any removal and/or replacement, and (ii) theremuneration to be paid for any of the Personnel provided as a replacement shallnot exceed the remuneration which would have been payable to the Personnelreplaced.

Resident Engineer

If required by the SC, the Consultants shall ensure that at all times during theConsultants'performance of the Services, a Resident Engineer acceptable to the Client,shall take charge of the performance of such Services

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:


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provide at no cost to the Consultants, Sub-consultants and Personnel suchdocuments prepared by the Client or other consulting engineers appointed bythe Client as shall be necessary to enable the Consultants, Sub-consultants orPersonnel to perform the Services. The documents and the tirne within whichsuch documents shall be made available, are as specified in the SC;assist to obtain the existing data relevant to the carrying out of the Services, withvarious Government and other organisations. Such items shall be returned bythe Consultants upon completion of the Services under this Contact;

issue to officials, agents and representatives ofthe concerned organisations, allsuch instructions as may be necessary or appropriate for prompt and effectiveimplementation of the Services;

provide to the Consultants, Sub-consultants, and Personnel any such otherassistance and exemptions as may be specified in the SC;

assist to obtain permits which may be required for right-of-way, entry upon thelands and properties for the purposes of this Contract.

5.1.2 Co-ordination

The Client shall:

coordinate and get or expedite any necessary approval and clearances relatingto the work from any Government or Semi-Government Agency, Departmentor Authority, and other concerned organisation named in the SC.

coordinate with any other consultants employed by him.

5.1.3 Approvals

The Client shall accord approval of the documents within such time as specifiedSC, whenever these are applied for by the Consultants.

Access to Land

The Client wanants that the Consultants shall have, free of charge, unimpeded accessto all land of which access is required for the performance of the Services.

Change in the Applicable Law

If, after the date of this Contract, there is any change in the Applicable Law whichincreases or decreases the cost of the Services rendered by the Consultants, then theremunerations and direct costs otherwise payable to the Consultants under this Contractshall be increased or decreased accordingly, and corresponding adjustment shal!_bemade to the amounts referred to in Sub-Clause 6.1 (a). Rate in the Appendffif@ti'b''e..revised in case of revision in salarv made in an organization dNotification. Such revised rate(s) shall be applicable from the

(a)

(b)

(c)

(d)

(e)

(a)

(b)


(b)

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implementation of such Notification by the concerned organizations for whichnecessary proof shall be provided to the Client.

Services and Facilities

The Client shall make available to the Consultants, Sub-consultants and the Personnel,for the purpose of the Services and free of any charge, the services, facilities andproperty described in Appendix F at the times and in the manner specified in saidAppendix F, provided that if such services, facilities and property shall not be madeavailable to the Consultants as and when so specified, the Parties shall agree on; (i) anytime extension that it may be appropriate to grant to the Consultants for the performanceof the Services; (ii) the manner in which the Consultants shall procure any suchservices, facilities and property from other sources; and (iii) the additional payments,if any, to be made to the Consultants as a result thereof pursuant to Sub-Clause 6.1(b)hereinafter.

Payments

In consideration of the Services performed by the Consultants under this Contract, theClient shall make to the Consultants such payments and in such manner as is providedby Clause 6 of this Contract.

Counterpart Personnel

(a) If so provided in Appendix-F hereto, the Client shall make available to theConsultants, as and when provided in such Appendix-F, and free of charge, suchcounterpart personnel to be selected by the Client, with the Consultants' advice,as shall be specified in such Appendix-F. Counterpart personnel shall workunder the exclusive direction of the Consultants. If any member of thecounterpart personnel fails to perform adequately any work assigned to suchmember by the Consultants which is consistent with the position occupied bysuch member, the Consultants may request the replacement of such member,and the Client shall not unreasonably refuse to act upon such request.

If counterpart personnel are not provided by the Client to the Consultants as andwhen specified in Appendix-F, the Client and the Consultants shall agree on; (i)how the affected part ofthe Services shall be carried out' and (ii) the additionalpayments, if any, to be made by the Client to the Consultants as a result thereofpursuant to Sub-Clause 6. I (c) hereof. -r,.;..* ii;, ;,,-, .

6. PAYMENTS TO THE CONSULTANTS

Cost Estimates, Ceiling Amount

(a)forth in Appendices D and E respectively. Except as may be otherwise agreedunder Sub-Clause 2.5 and subject to Sub-Clause 6.1 (b), payments under this

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(b)

(c)

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Contract shall not exceed the ceilings in foreign curency in Appendix D and inlocal currency in Appendix E, excluding adjustments made under Sub-Clause6.2(a) of the SC. The Consultants shall notit' the Client as soon as cumulativecharges incurred for the Services have reached 80% ofeither ofthese ceilings.

Notwithstanding Sub-Clause 6.1(a) hereof if pursuant to any of the Sub-Clauses 5,3, 5.4 or 6.6 hereof, the Parties shall agree that additional paymentsin local and/or foreign currency, as the case may be, shall be made to theConsultants in order to cover any necessary additional expenditures relating toremuneration not envisaged in the cost estimates referred to in Sub-Clause6.1(a) above, and the ceiling or ceilings, as the case may be, set forth in Sub-Clause 6.1(a) above shall be increased by the amount or amounts, as the casemay be, of any such additional payments.

Notwithstanding Sub-Clause 6.1(b) hereof, if pursuant to any of the Sub-Clauses 5.3,5.4 or 5.6 hereof, the Parties shall agree that additional paymentsin local and/or foreign currency, as the case may be, shall be made to theConsultants in order to cover any necessary additional expenditures relating toreimbursable direct cost not envisaged in the cost estimates referred to in Sub-Clause 6.1(a) above, the ceiling or ceilings, as the case may be, set forth in Sub-Clause 6.1(b) above shall be increased by the amount or amounts, as the casemay be, of any such additional payments.

Remuneration and Reimbursable Direct Costs (Non-salary Costs)

(a) Subject to the ceilings specified in Sub-Clause 6.1(a) hereof, the Client shallpay to the Consultants; (i) remuneration as set forth in Sub-Clause 6.2(b); and(ii) reimbursable direct costs expenditure as set forth in Sub-Clause 6.2(c).Remuneration shall be subject to price adjustment as specified in the SC.

Remuneration for the Personnel shall be determined on the basis of tim e actuallyspent by such Personnel in the performance of the Services after the datedetermined in accordance with Sub-Clause SC 2.3 (including time for necessarytravel via the most direct route) at the rates referred to, and subject to suchadditional provisions as are set forth in the SC.

(c) Reimbursable direct costs (non-salary costs) actually and reasonably incunedby the Consultants in the perforrnance of the Services. The reimbursable directcosts expenditure shall be for the items specified in the SC.

6.3 Currency of Payment

(a) Foreign cunency payment shall be made in the currency oras foreign currency or curuencies in Appendix D, and local cushall be made in Pakistani Rupees.

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(i)

(iD

(b)

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of remuneration and reimbursablein foreign and in local currency.

(b) The SC shall speci$ which itemsexpenditures shall be paid, respectively,

Mode of Billing and Payrnent

Billing and payments in respect of the Services shall be made as follows:

(a) To cover payments due under Sub-Clauses 6.1 and 6.2 of this Contract, theClient shall establish a revolving fund in foreign currency and local currencyaccounts, each account to be separately and distinctly maintained by theConsultants, and shall deposit into the said accounts, amounts in the currenciesspecified above as follows:

Not later than thirty (30) days following the signing of Contract by boththe Parties amounts estimated to be the requirements in the respectivecurrencies for the three (3) months of the Services immediatelyfollowing the signing of Conhact calculated on the basis of theapplicable estimates set forth in Appendices D and E.

Not later than the 15th day of each succeeding month, the amount equalto the preceding monthly estimate in accordance with Appendices D andE shall be recouped by the Client in the revolving fund against foreigncrlrrencv and local currencv amounts.

Any bank interest accruing in a revolving fund shall be credited by theConsultants to the Client.

As soon as practicable and preferably within thirty (30) days after the end ofeach calendar month during the period of the Services, the Consultants shallsubmit to the Client, in duplicate, itemized statements, accompanied by copiesof receipted invoices, vouchers and other appropriate supporting materials, ofthe amounts payable pursuant to Sub-Clauses 6.3 and 6.4 for such month.Separate monthly statements shall be submitted in respect of amounts payablein foreign cuffency and in local currency. Monthly statement shall distinguishthat portion of the total eligible costs which pertains to remuneration from thatportion which pertains to reimbursable direct costs expenditure.

In case of a joint venture, separate monthly statements shall be submitted inrespect of amounts payable to each Member of the joint venture of theConsultants.

(c) The Client shall cause the payment of the Consultants' monthly statementswithin fwenty-eight (28) days for amounts in local currency and within fifty six(56) days for amounts in foreign currency after the receipt by the Client of suchstatements with supporting documents. Only such portion oqoqri.nrt6qthlV..statement that is not satisfactorily supported may be withheldShould any discrepancy be found to exist between actual and costsauthorized to be incurred bv the Consultants. the Cli


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clarification from the Consultants, may add or subtract the difference from anysubsequent payments.

The final payment under this Clause shall be made only after the final reportand a final statement, identified as such, shall have been submitted by theConsultants and approved as satisfactory by the Client. The Services shall bedeemed completed and finally accepted by the Client and the final report andfinal statement shall be deemed approved by the Client as satisfactory ninety(90) calendar days after receipt of the final report and final statement by theClient unless the Client, within such ninety (90) days period, gives writtennotice to the Consultants speci$ing in detail deficiencies in the Services, thefinal report or final statement. The Consultants shall thereupon promptly makeany necessary conections, and upon completion of such. corrections, theforegoing process shall be repeated. Any amount which the Client has paid orcaused to be paid in accordance with this Clause in excess of the amountsactually payable in accordance with the provisions of this Contract shall bereimbursed by the Consultants to the Client within thirty (30) days after receiptby the Consultants of notice thereof. Any such claim by the Client forreimbursement must be made within fifty six (56) days after receipt by theClient of a final report and a final statement approved by the Client inaccordance with the above. The Client shall cause the final payment to theConsultants within fifty six (56) days of receipt of final invoice from theConsultants, after completion of Services finally accepted alongwith the finalreport and statement of the Consultants by the Client.

(e) All payrnents under this Contract shall be made to the bank account of theConsultants to be notified later.

Delayed Payments

If the Client has delayed payments beyond the period stated in paragraph (c) of Sub-Clause 6.4, interest charges shall be paid to the Consultants for each day of delay at therate specified in the SC.

Additional Services

Additional Services means:

(a) Services as approved by the Client outside the Scope of Services described inAppendix A;

Services to be performed during the period extended pursuant to Sub-Clause2.6,beyond the original schedule time for completion of the Services; and

any re-doing of any

If, in the opinion of the Client, it is necessary to perform Additional Servcurrency of the Contract for the purpose of the Project, the Consultan

(b)

(c)


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written authorization ofthe Client, shall carry out such Additional Services on the basisofthe billing rates set out in the Contract. In case for any reasons these rates and pricesare determined by both the Parties to be not applicable for said Additional Services,then suitable billing rates and the additional time, shall be agreed upon between theClient and the Consultants.

Consultants' Entitlement to Suspend Services

If the Client fails to make the payment of any of the Consultants' invoice within twenty-eight (28) days after the expiry of the time stated inparagraph (c) of Sub-Clause 6.4,within which payment is to be made, the Consultants may after giving not less thantwenty-eight (28) days' prior notice to the Client, suspend the Services or reduce therate of carrying out the Services, unless and until the Consultants have received thepayment.

This action will not prejudice the Consultants' entitlement to financing charges underSub-Clause 6.5.

7. FAIRNESS AND GOOD F'AITH

Good Faith

The Parties undertake to act in good faith with respect to each other's rights under thisContract and to adopt all reasonable measures to ensure therealization to the objectivesof this Contract.

Operation of the Contract

The Parties recognize that it is impractical in this Contract to provide for everycontingency which may arise during the life of the Contract, and the Parties herebyagree that it is their intention that this Contract shall operate fairly as between them,and without detriment to the interest of either of them, and that, if during the term ofthis Contract either Party believes that this Contract is operating unfairly, the Partieswill use their best efforts to agree on such action as may be necessary to remove thecause or causes ofsuch unfairness, but no failure to agree on any action pursuantto thisSub-Clause shall give rise to a dispute subject to arbitration in accordance with Clause8 hereof.

8. SETTLEMENT OF DISPUTES

Amicable Settlement

The Parties shall use their best efforts to seffle amicably all disputes arconnection with this Contract or its interpretation.

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8.2 Disputc Settlement

Any dispute between the Parties as to matters arising pursuant to this Contract whichcannot be settled amicably within thirty (30) days after receipt by one Party of the otherParty's request for such amicable settlement may be submitted by either Party forsettlement in accordance with the provisions of the Arbitration Act, 1940 (Act No. Xof 1940) and Rules made thereunder and any statutory modifications thereto.

Services under the Contract shall, if reasonably possible, continue during the arbitrationproceedings and no payment due to or by the Client shall be withheld on account ofsuch proceedings.

9. INTEGRITY PACT

9.1 If the Consultant or any of his Sub-consultants, agents or servants is found to haveviolated or involved in violation of the Integrity Pact signed by the Consultant asAppendix-G to this Form of Contract, then the Client shall be entitled to:

(a) recover from the Consultant an amount equivalent to ten times the sum of anycommission, gratiftcation, bribe, finder's fee or kickback given by theConsultant or any of his Sub-consultant, agents or servants;

(b) terminate the Contract; and

(c) recover from the Consultant any loss or damage to the Client as a result of suchtermination or of any other corrupt business practices of the Consultant or anyofhis Sub-consultant, agents or servants.

On termination of the Contract under Sub-Para (b) of this Sub-Clause, the Consultantshall proceed in accordance with Sub-Clause 2.9.3.Payment upon such terminationshall be made under Sub-Clause 2,9.a @) after having deducted the amounts due to theClient under Sub-Para (a) and (c) of this Sub-Clause.

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III. SPECIAL CONDITIONS OF CONTRACT

Clause No. Amendments of, and Supplements to, Clauses in the General Conditions ofof GC Contract

1.1 Definitions

(p) "Project" means

Law Governing the Contract

All Personnel shall at all times endeavor to observe and respect all laws, rules,regulations and customs prevailing within the Islamic Republic of Pakistan.

Authorised Representatives

The Authorised Representatives are the following:

For the Client:

TelephoneFacsimileE.Mail

For the Consultants:(Name of Project Manager)(Project)(Address)

TelephoneFacsimileE.Mail

Taxes

Payment of Taxes will be the responsibility of the Consultants in accordancePakistan Tax Laws.

1.7

.)I

All notes should be deleted in linal text. AII blanks should be lilled in.

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Leader of Joint Venture

The leader of the Joint Venture is .......... ....... (name of the Member of theJoint Venture).

[Note: If the Consultants do not consist of more than oneshould be deleted.l

Effectiveness of Contract

the Sub-Clause 1.8

2.1

) )

2.3

This Contract shall come into effect after issuance of the Letter of Commencement bythe Client.

Termination of Contract for Failure to Become Effective

The time period shall be one hundred twenty (120) days or such other time period asthe Parties may'agree in writing.

Commencement of Services

The Consultants shall comm,ence the Services within twenty-one (21) days after receiptof Letter of Commencemen! or such other time period as the Parties may agree inrvriting.

Expiration of Contract

The period of completion of Services shall bei-.--.--.--- days from the CommencementDate of the Services or such other period as the Parties may agree in writing. TheServices are estimated to be completed before .... 20 ...

"Completion of Services"

[Note: In the blank space, the last activity (such as submission of As Built Drawings,Completion Report etc.) which declares the Contract to be completed in illrespect, may be stated]

2.7.4 Payments

Following text is added at the end of the para:

"excluding overheads and profits"

3.1.1 Standard of Performance (Final Pa],ment of Construction Works Contract)

If final bill, pertaining to the Construction Works being supervised by the tantsris not processed by the Consultants within stipulated time, theconsidered for next project consultancy. It will also be taken as the Coto provide satisfactory performance under Rule 19 of the Public

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All such costs of Consultants for processing the final payment of the Contractor aredeemed included in its Financial Proposal. The Consultants have to ensure that theContractor has completed total work as per Works Contract with particular reference tosite clearance before taking over the project on completion.

r.iability of the Consultants

,The Consultants shall be held liable for all losses or damages suffered by the Client onaccount of any misconduct and unsatisfactory performance by the Consultants inperforming the Services. The Consultants shall be liable for consequence of errors andomissions on their part andthe extent of such liability shall be twice the Remunerations(excluding reimbursable direct/ non-salary costs) under the Contract.

Insurance to be Taken out by the Consultants

The risks and the coverages shall be as follows:

(a) Third Party motor vehicle liability insurance in respect of motor vehicles whichare purchased under this Contract and operated in Pakistan by the Consultantsor their Personnel or any Sub-consultants or their Personnel, with a minimumcoverage of Pak. Rupees One Hundred Thousand (Rs.l00'000).

(b) Insurance against loss of or damag6 to equipment purchased in whole or in part

with funds provided under this Contract.

(c) Third Party liability insurance with a minimum coverage of Pak. Rupees OneMillion (Rs.1,000,000).

(d) Professional liability insurance, with a minimum coverage of not less thantwice the Remunerations.

Consultants' Actions Requiring Client's Prior Approval

(c) The Consultants shall also clear with the Client, before commitments on anyaction they propose to take under the following:

i) Issuing Variation Orders in respect of:

- additional quantities of items of Construction Works asdetermined by the Engineer to be necessary for the execution ofWorks.

any new item of the Works not envisaged in the CoWorks Contract Documents and which is determi tlie'Engineer to be necessary for the execution ofW

3.5

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- any item of Construction Works covered under ProvisionalSums.

ii) Claim from the Contractor for extra paymentwith full supporting detailsand Consultants recommendations, if any, for settlement.

iiD Details of any sub-contracts for Consffuction Works.

iv) Any action under terms of Performance Guarantee or Insurancefol the Construction Works.

v) Any action by the Consultants affecting the costs under the followingclauses of Conditions of Contract of the Construction Works Contract.

Adverse Physical Conditions and Artificial ObstructionsSuspension of WorksBonus and tiquidated DamagesCertificate of Completion of WorksDefects Liability Certifi cateForfeitureSpecial RisksFrustrationAny other as per the Conditions of Contract of the ConstructionWorks Contract.

vi) Final Measurement Statement.

vii) Release of Retention MoneY.

viii) Any change in the ratios of various currencies of payment. l

: ' :

Documents Prepared by the Consultants to be the Property of the Client . . , '

The Client and the Consultants shall not use these documents for purposes unrelated to

this Contract without the prior written approval of the other Party.

Description of Personnel

The word "Personnel" in this Sub-Clause is construed to include "Specialist Sub-

consultant", if any.

Working Hours, Leave, Overtime' etc.

The Client shall not reimburse overtime payments to any Personnel provided by the

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4,6 Resident Engineer

fNote: Name and address of the Consultants' Resident Engineer, if applicable will beprovided herej

5.1.1 Assistance

(a) The Client shall make available within ...... days from the Commencement' Date, the documents namely

This list if rvananted shall be supplemented subsequently.

Other assistance and exemptions to be provided by the Client are

5.1.2 Coordination

(a) The departments and agencies include

5.1.3 Approvals

The Client shall accord approval of the documenis immediately but not later thanfourteen ( l4) days from the date of their submission by the Consultants.

6.2 Remuneration and Direct Costs (Non-Salary Costs) .: .'

6.2(a) Payments for remuneration made in accordance with Sub-Clause 6.2(a) shall beadjusted as follows:

(D Remuneration paid in foreign currency pursuant to the rates set forth inAppendix-D stratt Ue adjusted after every i2 months (and, the first time, witheffect from the remuneration earned in the l3th calendar month after the date ofthe Contract) by applying the following formula:

R f : Rfo x IflIfo

where Bf is the adjusted remuneration, Rfo is the remuneration payable on thebasis of the rates set forth in Appendix-D for remuneration payable in foreigncurrency, lf is the official index for salaries in the country of the foreign

(d)

currency for the first month for which the adjustment is supposed tolave pffect,and Ifo is the official index for salaries in the country of the foS$tgi'c,vir',6qcy ,for the month of the date of the Contract.

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Remuneration paid in local currency pursuant to the billing rates agreed for eachperson shall be adjusted in July of every year (and, for the first time, with effectfrom the remuneration earned in July following submission of financialproposal) by considering the following subject to maximum of prevalent CPI asper give-n formula plus salary revision due to statutory notification, if applicablepursuant to Sub-Clause 5.3 upon substantiation:

- annual increment- Increase due to promotion- Salary rwision, if applicable pursuant to Sub-Clause 5.3 or otherwise

OR,

to be compuled with,tr_?:"J:T formula:

Where RI is the adjusted billing rate, Rlo is the billing rate payable on the basis of theagreed billing rate in local currenOy as on July (i.e. the year in which the Consultantssubmitted its financial proposal to the Client). II is the Combined Consumer PriceIndex (CPf "General" for Government employees as published by the Federal Bureauof Statistics, Government of Pakistan for the month of July for which the adjustment isto have effect, and IIo is the Consumer Price Index "General" for Governmentemployees as published by the Federal Bureau of Statistics Government of Pakistan forthe month of July (i.e. the Year in which the Consultants submitted its financial proposalto the Client).

[Note: One of the two options given above'under (ii) is to be deleted as a result ofnegotiations before signing the Contract AgreementJ

. :6.2(b) The rates for foreign Personnel set forth in AppendixD, and the rates for local Personnel

set forth in Appendix E, after adjustments, if any; putsuant to Sub-Clause 6.2(a) hereofshall be used for billing purposes.

It is understood that the remuneration rates shall cover salary and allowances as theConsultants shall have agreed to pay to the Personnel as well as t-actors for socialcharges and overhead based on the Consultants' average cost as represented by thefinancial statements of Consultants' latest three fiscal years and fee of the Consultants.

The remuneration rates have been agreed upon based on the representations made bythe Consultants during finalization of this Contract with respect to'the Consultants'costsand charges as referred above as such representations are evidenced by the form

"Breakdown of Agreed Fixed Rates in Consultants' Contract" (A model of such form is

attached atthe end of these SC. The Consultants should be requestedto executethisForm at the conclusion of the Contract negotiation when the Parties have agreed on thefixed rates and their breakdown).

Remuneration for periods of less than one month shall be calculated onthe time spent by the Head Office staff or Project Office staff and directlto the Services (one hour being equivalent to l/170 of a month) and on

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basis for time spent by the Site Office staff (one day being equivalent to 1/30th of amonth).

6.2(c) Direct Costs (Non Salary Costs)

Direct Non-salary Costs are such incurred non-salary costs which are directly allocableto specific engagements and projects. These costs include but are not limited to thefollowing:

(i) Provisions for office, light, heat and similar items for working space, costs orrental ior furniture, drafting equipment and engineering instrument andautomobile expenses identifiable to specific projects for which special facilitiesother than head office ofthe firm are arranged.

(ii) Provision for labour or work charge establishment.

(iii) Daily and travelling.allowances / expenses of employees, partners andprincipals when away from home / office on business connected with theproject.

(iv) Identifiable communication expenses, such as long distance telephone,telegraph, cable, telex, express charges, and postage other than generalcorrespondence.

(v) Services directly applicable to the project such as special legal and accountingexpenses, computer rental and programming costs, special consultants, borings,laboratory charges, perspectives, renderings, photos,.model costs, commercialprinting and binding and similar costs which are not applicable to the overheadcosts, professional liability insurance cover in accordance with the provisionsset out in Sub-Clause 3.4.

(vi) Identifiable drafting supplies and office supplies and expenses charged to theemployers work, as distinguished from such supplies and expenses applicableto several projects. '

(vii) Identifiable reproduction cost applicable to the rvork such as blue printing,photostating, mimeographing, printing, binding etc.

6.3 Currency of Payment

6.3(b) Remuneration for foreign personnel shall be paid in foreign cunency andremuneration for local personnel shall be paid in local currency'

The direct cost expenditures in foreign currency shall be as stated in Appendix-D.

The direct cost expenditures in local cumency shall be as stated r


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Mode of Billing and Payments

Sub-Clause GC 6,4 is deleted and substituted as under:

6.4,1 The Client shall affect payments to the Consultants in accordance with the paymentschedules and in the manner set forth in Appendices-D & E as per NHA accountsprocedure.

6.4.2 Amounts due to the Consultants shall be paid within thirty (30) calendar days from thedate of submission of its invoice. Payments against interim (monthly) invoices shall bemade after retaining two per cent (2Yo) of the payable amounts, in accordance withparagraph 5.5 - Revision of PC-I-under TOR; all the amounts so retained shall bereleased along with the final invoice subject to fulfillment of the condition set in thesaid paragraph 5.5.

An affidavit or certificate for salary payment of personnel ancl all other charges will befurnished to the Client by the Consultants.

If the item or part of an item of an invoice submitted by the Consultants is disputed orsubject to question by the Client, the payment of that part of the invoice which is notcontested shall not be withheld on those grounds and the provisions of Clause 6.4.2shall apply to such remainder and also to the disputed or questioned item to the extentthat it shall subsequently be agreed or determined to have been due to the Consultants.

The Consultants will be required to submit, as much as are available records ofthe workcarried out under this Contract.

The Client may audit accounts, as much as are available with the Consultants, for theServices provided by the Consultants under this Contract. Should any error be found,this shall be called to the attention of the Consultant and if so it shall be adjustedaccordingly.

Advance written notice of not less than seven (7) working days shall be given to theConsultants, by the Client, of such audit which shall be c.arried out during normalworking hours at the place where the records are maintained.'Such records shall be keptfor a period not less than three (3) years from the completion of the Services ortermination of Contract pursuant to provisions hereof; to facilitate any questions arisingfrom the Client's Audit.

6.4.3

6.4.5 Account number for payment (against an Invoice) to the Consultants, is given below:

[in case of JV, uccount numbers of alt Members of JV shull be inserted, one after theotherJTitle of Account: .Account Number:Branch Code:Bank:

Design and Construction Supervision of ITS Installation at Hakla-D. I. K. Motorrvay Page 105of

6.5

6.6

10.

11 .

L2,

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Delayed Payments

The compensation on delayed payments for local and foreign cuffency shall be asfollows:

(i) for foreign cunency(ii) for local currency :

Not Applicableeight percent (8%) per annum

Additional Services

The Consultants shall be prepared at any time during the Contract to provide experttechnical advice and skill to the Client who may ask and seek such assistance in respectof the Project. The Consultants shall be separately compensated for all such servicesnot covered in the original Services.

Priority of Documents

Follorving is to indicate priority of documents forming part of this Contract to resolvean ambiguity or non-clarity in the provision.

Contract Agreement;Minutes of Negotiation Meeting;The Special Conditions of Contract;The General Conditions of Contract;The Ivlinutes of Pre-proposal'Meeting & Addendum(s) if any;Scope of Services/Terms of Reference;Any other document including Integrity Pact (and JV agreement in case of JV).

Royalties

The Consultants shall save harmless and identify the Client from and against all claimsand proceedings on account of or for infringement of any patent right, design, trademarkor name or other protected rights in respect to any patented designs, features orequipment they may use for carrying out the Services, and shall Wy all royalties etc.thereto.

Delay Damages

The Consultant shall be liable for delay in providing the Services within the time fiameas per the Contract; Failure to comply with the schedule of delivery, due to fault of theConsultants, will affract delay damages which shall be levied @ one twentieth percent(0.05%) per day of the consultancy fee pertaining to the relevant component of theServices beyond the schedule: Provided that the total delay damages shall not exceedten percent OA%) of the total consultancy fee and that the delay darnages may bewaived off only ifthe Consultants catch up the delays by providing final delithe time frame and there were no adverse affects caused to the Client'sdownstream activities.

t Design and Construction Supervision of ITS Installation atllakla-D. L K. Motorvray Page 106'of724

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MOI'EL FORM

Brcakdovrn ofAgrc€d Fixed Rates in Consultants' Codract

We hereby oonlirm that we have agreed to pay to the staf membe$ lisied, who will be involved in this assignment, the basio salaries and fieldallowances (if applicable) indicatld belorv):

I 2 a 4 5 6 7 8

Name Position

Basic Salary per

Working

Month,/Daylllour

Social Charges

(% of r)

Overhead(Y. of 1&2\

Subtotal Fee

(% of 4\

Overseas/field

Allowance

(% of r)

Agreed Fixed

Rate per Working

Montb,/Dav/flour

Agreed Fixed

Rate

(% of r)

(Expressed in (name of currency) )

IT I

SignatureName:

Date

Title:


Copy o1' Model AgreementSay.No to Corrrrpt iotr

IV APPENDICES

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Design and Construction Supervision of ITS Installation at Hakla-D, I. K. Motorway Page 108 of 124

Sarv No to C)orruption Ccip,v o l' Mo tlel Agreement

Appendix A

Description of the Services

[Give detailed descriptions of the Services to be provided, dates for completion of various tasks(delivery schedule), place of performance for different tasks, specific tasks to be approved byClient, etc.]


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Appendix B

Reporting Requirements

[List format, frequency, and contents of reports; persons to receive them; dates of submissionand the number of copies of each submittal etc. If no reports are to be submitted, state here"Not applicable".]

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Appendix C

Key Personnel and Specialist Sub-consultants

Title [and names, if already available], activities ofjob descriptionsand working hours of Key Personnel to be assigned to work and staff-months for each.

List of approved Specialist Sub-consultants (if already available);same information with respect to their Personnel as in C-1.]

[List under: C-l

c-2

Design and Construction Supervision of ITS Installation atHakla-D.I. K. Motorway Page lll of 124

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Appendix D

Breakdown of Contract Price in Foreign Currency

[List hereunder cost estimates in fcrreign currency:

1. (a) Monthly rates for foreign personnel (Key Personnel including SpecialistSubconsultant, if any, and other Personnel)

(b) Total Remuneration of Staff (on the basis of monthly rates)

2. Direct eosts (non-salary costs);

Direct Non-salary Costs are such incurred non-salary costs which are directly allocableto specific engagements and projects. These costs include but are not limited to thefol lowing:

(i) Provisions for offrce, light, heat and similar items for working space, costs orrental for furnifure, drafting equipment and engineering instrument andautomobile expenses identifiable to specific projects for which special facilitiesother than head offrce of the firm are arranged.

(ii) Provision for labour or work charge establishment.

(iiD Daily and travelling allowances/expenses of employees, partners and principalswhen away from home/office on business connected with the project.


(v) Services directly applicable to the project such as special legal and accountingexpenses, computer rental and programming costs, special consultants, borings,laboratory charges, perspectives, renderings, photos, model costs, commercialprinting and binding and similar costs which are not applicable to the overheadcosts, professional liability insurance cover in accordance rvith the provisionsset out in Sub-Clause GC 3.4.

(vi) Identifiable drafting supplies and office supplies and expenses charged to theemployers work, as distinguished from such supplies and expenses applicableto several projects.

(vii) Identifiable reproduction cost applicable to the work such asphotostating, mimeographing, printing, binding etc.

(The detail of the cost estimates to be provided on the additional pages).

r it ia l

III

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3.

4 .

5 .

Sa;. ' No 1o Oorrupt iorr Cop3, o1' Moclel Agreement

Sub-total, remuneration and reimbursable non-salary direct costs : (l + 2)

Contingencies, if any

Total: (3 + 4)l

,l/ rt/

llt--, /i l < I

's:\" . r , ,

Design and Construction Supervision of ITS Installation at l{akla-D. I. K. Motorway Page 113 of 124

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Appendix E

Breakdown of Contract Price in Local Currencv

[List hereunder cost estimates in local currency:

1. (a) Monthly rates for local Personnel (Key Personnel including SpecialistSubconsultant, ifany, and other Personnel);

(b) Total Remuneration bf staff (on the basis of monthly rates)

2. Direct costs (non-salary costs);

Direct Non-salary Costs are such incurred non-salary costs which are directly allocableto specific engagements and projects. These costs include but are not limited to thefollowing:

(i) Provisions for office, light, heat and similar items for working space, costs orrental for furniture, drafting equipment and engineering instrument andautomobile expenses identifiable to specific projects for which special facilitiesother than head office ofthe firm are arransed.

(iD Provision for labour or work charge establishment.

(iii) Daily and travelling allowances/expenses of employees, partners and principalswhen away from home/office on business connected with the project.


(v) Services directly applicable to the project such as special legal and accountingexpenses, computer rental and programming costs, special consultants, borings,laboratory charges, perspectives, renderings, photos, model costs, commercialprinting and binding and similar costs which are not applicable to the overheadcosts, professional liability insurance cover in accordance with the provisionsset out in Sub-Clause GC3.4.

(vi) Identifiable drafting supplies and office supplies and expenses charged to theemployers work, as distinguished from such supplies and expenses applicableto several projects.

IDesign and Construction Supervision of ITS Installation at Hakla-D. I. K. Motorway Yage i{zioi Izt

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3.

4 .

5 .

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Sub-total, remunerations and reimbursable non-salary direct costs : (l + 2).

Contingencies, if any

Total: (3 + 4)

Notes:

A. Elements of the salary costs and billing rates for the relevant salary grades shall alsobe included in this Appendix.

B. Estimate will include the following items as applicable:

(l) Remuneration, i.e. staff costs based on monthly billing rates of the stafi and

(3)

contingencies if any, excluding adjustment of billing rates.

Direct non-salary costs, contingencies, if any, excluding adjustment of billingrates for the staffcovered under direct costs.

Each item shall be specified whether it is payable on the basis of (a) lump summonthly rate; or (b) reimbursement of actual expenditures.

Payments in respect of any cost (i.e. total remuneration, and total Direct non-salary cost) which could exceed the estimates set forth in this Appendix may bechargeable to the contingency amounts providedfor in the respective estimates,only if such costs are approved by the Client prior to being incuruedJ.

(2)

Desisn and Construction Suoervision of ITS Installation at Hakla-D. L K. Motorwav Page 115 of 124

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Appendix F

Services and Facilities to be Provided bv the Client

and

Counterpart Personnel to be Made Availableto the Consultants bv the Client

The Client shall make available the followins Services and Facilities:

1. Services and Facilities of the Client

The Client shall make available to the Consultants, Sub-consultants and the Personnel,for the purposes of the Services and free of any charge, the services, facilities andproperty described in this Clause at the times and in the manner specified hereunder:

(a)

I(b)

I

(d)

2.

a

ITIIIIIt

(c)

No rent will be charged for single status residences provided by the Client tothe Personnel.

Lodge Accommodation

If requested by the Consultants, the Client shall provide lodge accommodation, ifavailable, to all Personnel of the Consultants or the Sub-consultants when on visit tovarious parts of the Project area or any other station where such facilities or the lodgeaccommodation of the Client exists (and provided that the Personnel ofor the Sub-consultants visit that place in connection with the Projectterms and conditions as the Client's staff is entitled.

iCounterpart Personnel to be made available to the Consultants I

Rent will be charged by the Client only for the familyprovided to the Personnel, in the Client's colonies, at the

Type of Accommodation Monthly Rent (Rs)

status accommodationfollowins rates:

II


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Say No to Comuption Cop_v of Moclel Agreement

The Client shall make available to the Consultants, free of charge, the followingcounterpart personnel in connection with carrying out of the Services:

Design and Construction Supervision of ITS Installation at I{akla-D. L K. Motolway PasellT ofl24

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Appendix-G(Integrity Pact)

DECLARATION OF FEES, COIVIMISSION AND BROKERAGE ETC.PAYABLE BY THE SUPPLIERS OF GOODS. SERVICES & WORKS IN

CONTRACTS WORTH RS. 1O.OO MILLION OR MORE

Contract No.Contract Value:Contract Title:

il;;;;h;;;;;;;;;;;;;;;;"1;,111iffi",1'fi :lffillfl #:TJffi ,':ifi:ilil'"?il:*lfrom Government of Pakistan (GoP) or any administrative subdivision or agency thereof or anyother entity owned or controlled by GoP through any corrupt business practice.

Without limiting the generality of the foregoing, [name of Supplier] represents and warrantsthat it has fully declared the brokerage, commission, fees etc. paid or payable to anyone and notgiven or agreed to give and shall not give or agree to give to anyone within or outside Pakistaneither directly or indbectly through any natural orjuridical person, including its affiliate, agent,associate, broker, consultant, director, promoter, shareholder, sponsor or subsidiary, anycommission, gratification, bribe, finder's fee or kickback, whether described as consultationfee or otherwise, with the object of obtaining or inducing the procurement of a contract, right,interest, privilege or other obligation or benefit in whatsoever form from GoP, except thatwhich has been expressly declared purcuant hereto.

[name of Supplier] certifies that it has made and will make full disclosure of all agreements andarrangements with all persons in respect of or related to the transaction with GoP and has nottaken any action or will not take any action to circumvent the above declaration, representationor warranty.

[name of Supplier] accepts full responsibility and strict liability for making any falsedeclaration, not making full disclosure, misrepresenting facts or taking any action likely todefeat the purpose ofthis declaration, representation and warranty. It agrees that any contract,right, interest privilege or other obligation or benefit obtained or procured as aforesaid shall,rvithout prejudice to any other rights and remedies available to GoP under any law, contract orother instrument, be voidable at the option of GoP.

Notwithstanding any rights and remedies exercised by GoP in this regard, [name of Supplier]agrees to indemniff GoP for any loss or damage incurred by it on account of its corrupt businesspractices and further pay compensation to GoP in an amoLrnt equivalent to ten time the sum ofany commission, gratification, bribe, finder's fee or kickback given by [name of Supplier'] asaforesaid for the purpose of obtaining or inducing the procurement of any contract, right,interest, privilege or other obligation or benefit in whatsoever form from GoP.

Name of Buyer: ....Signature:

ISeal]

Name of Seller/Supplier:Sisnature:

ISeal][To be signed by all Members in

t Design and Construction Supervision of ITS Installation at Hakla-D. Page 118 of 124

Sa.v No to C)onrpfion Cop,v oi' Morlcl Agreement

CONTRACT FOR ENGINEERING CONSULTAI\CY SERVICES

between

(NAME Ol- TrrE CLTENT)

and

(NAME OF THE JOrNT VENTTJRE OF THE CONSULTANTS)

for

(BRrEF', SCOPE OF SERVICES)

OF (NAME OF PROJECT)

Month and Year

(NAME OF THE JOINT VENTURE OF THE CONSULTANTS)(Name of Individual Consultants)(Name of Individual Consultants)(Name of Individual Consultants)

Design and Construction Supervision of ITS Installation at Hakla-D. I. K. Motorway Page ll9 of 124

t

(b)

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Say No to Corruption Cop1" o1' Mociel Agreement

FORrM OF CONTRACT

[Note: Use this Form of Contract when the Consultants perform Sewices as a Joint Ventule.

This CONTRACT (hereinafter called(month) of _ (year), between,

the "Contract") is made on the day of _on the one hand,

(hereinafter called the "Client" which expression shall include the successors, legalrepresentatives and permitted assigns) and, on the other hand, a joint venture consisting of thefollowing entities, each of which will be jointly and severally liable to the Client for all theConsultants' oblisations under this Contract. namelv:

(hereinafter collectively called the "Consultants" which expression shall include its successors,legal representatives and permitted assigns).

WHEREAS

(a) the Client has requested the Consultants to provide certain consulting services asdefined in the General Conditions of Contract attached to this Contract (hereinaftercalled the "Services"); and

the Consultants, having represented to the Client that they have the requiredprofessional skills, and personnel and technical resources, have agreed to provide theServices on the terms and conditions set forth in this Contract;

NOW THEREFORE the Parties hereby agree as follows:

L The following documents attached hereto shall be deemed to form an integral part ofthis Contract:

(a) the General Conditions of Contract;(b) the Special Conditions of Contract;(c) the following Appendices:

[Note:

Appendix A:Appendix B:

Description of ServicesReporting Requirements


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Appendix C: Key Personnel and Sub-consultantsAppendix D: Breakdown of Contract Price in Foreign CurrencyAppendix E: Breakdown of Contract Price in Local CrrrencyAppendix F: Services & Facilities to be Provided By the Client and Counterpart

Personnel to be Made Available to the Consultants by the Client.Appendix G:Integrity Pact (for Services above Rs. 10 Million)

2. The mutual rights and obligations of the Client and the Consultants shall be as set forthin the Contract, in particular:

(a) the Consultants shall carry out the Services in accordance with the provisionsof the Contract: and

(b) the Client shall make payments to the Consultants in accordance with theprovisions of the Contract.

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in theirrespective names in two identical parts each of which shall be deemed as the original, as of theday, month and year first above written.

For and on behalfof

CLIENT'S NAMEWitness

SignatureNameTitle Title

(Seal)

For and on behalfof

NAME OF THE JOINT VENTURE OF THE CONSULTANTS

SignatureName

IIIII

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Title

Title

Title

Sa.v No to Ciot'rtrptiott

Witness

SignatureName

Name of Member No. 1

Cop,v otr' &{odel A greement

(Seal)

SignatureNameTitle

Name of Member No. 2

Witness

SignatureName

SignatureNameTitle

(Seal)

Name of Member No. 3Witness

SignatureName

SignatureNameTitle

(Seal)

Design and Construction Supervision of ITS Installation at Hakla-D' I' K. Motorway Pase 122 of 124

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IItII

NETTOWEL HIGHWAY AUTHORITY28-Mauve Area, Q-9 | t, Islamabad

' . .(Financell l lng)

Subject: IMPLEMTNTATION OF SERVICES SALES TAX IN PITNJAB AND

ISL_AIIIABAD CAPTTAL TERRTTORY

By virtue of 18th constihrtional amendment Sales ta:< on services (includingconstruction services) imposed by the Capital/Provincial tax authorities. NHA, declared asa withholding agent to withhold sales ta>c on development gnd maintenance works as perapplicable rules and rates. As a matter of principle, NFIA is of the view that ProvincialGovernments cannot irnpose.tax on the Federal Government institutions,'therefore, theissue of withholding of sales ta;r by NFIA remained under consideration at appropriatelevel and it has been decided that the matter will be contested in the court of law onconstitutional grounds:

i; Nationat Highways and strategic roads fall under FederalIegislative list and Provinces do not have the constitutionaljurisdiction to levy toces on National Highways and strategicroads; and

ii. Honorable Supreme Court of Pakistan has recently, in the caseof CAA, penned down a decision that Province cannot leyy SalesTax because Civil Aviation Authority falls under the Federal .Legislative LiSt and we believe NFIA has a similar casel and

iii. NI{A's submission before Appellate Tribunal for Punjab- RevenueAuthority, Lahore is pending for want of decision and in case ofany unfavorable decision by the Appellate Tribunal NFIA willcontest the case in superior courts.

2. In the light of above, NHA has a very strong case agairrst imposition ofprovincial sales (excluding Capital Territory) tac on services.. Meanwhile in order to ensureuniform applicability it has been decided.that where there is a provision of services salestax in thc contraig/ charged on invoices, whole amount of gales tax may be withheld butmay not be deposited and where no such provision exists in the contract/bid cost and hasnot becn charged on invoices, withholding of sales tax on services may be discontinued tilldccision by thc tribunal/ superior court.

3. The above is circulated for information, compliance and furtheidissemination to ensure a uniforrn practice/implementation of services sales tax to avoidfuturc complications.

II

St"-"i fu',"*l- lLtv^(Shoaib Ahmad Khanf

Member (Finance)

Distribu$on:o All Members NHA.. All GMs NHA HQ, Zones, Regions and Projects........... All Director (Accounts) NHA Zonal Offices...'.........

Copy for lnfoJrmatlon to:

r Chairman NHA Islamabad

olL

IIIIIIItIIIItIItIIIII

\ rrl"-rAu /'l,l

Subject:ISI,AMABAD CAPITAI, TERRITORY

' A Circula.r bearing No. IO/XI{A/TIN/2}18-29O dated June 13, 2Ot8 throughwhich following instnrctlons w"i

"onueyi'd to ait Account Seciions:

'.NEIA mag fllscontinae wlthholdtng proulnctal sales tax on seralces' tlII decfston bg the THbuaallEuperTor Coutts. Meanwhlle, ln ord,er toensure unprry appltccibllltg, where there ls a proalslon of sentlcesssleis tgx_ln the contracg / bld cost, scles tax mag be'wlihnetd butmag not be d,eposrted o'nd where there rs no such lroutsron exrsts fnthe contract / bld cost, utlthholdtng of, scrles tax dn serulces mag bedlscontlnued ttlt dectslon.bg the trflbuno.I/superlor court,tt

2' While complying with the above instructions, following queries of accountsections are clarified as under:

s.#: I euery Clarlflcqtion

t .I\rture Contracts:Wluther provision of hovincia! SalesTox $tfl) on sertaces is to be leept inluture unstruction and consultancycontracts or NFIA need not to keep anysuch pro vision in luture co ntracts.

Provincial Sales Tac should notbe included in all fufurecontracts (eicept Fed,eralCapitatTenitory)

II.O4gotng Conlracts;In case of on-going contracts wherethere is a provision o/PSf on serur'cesk auailable, the Accourt Sectrons qredeductiag the tax amount'but are notdepositing it with the tax quthorittes.Now, theg are seektng guidance aboutthe treqtment of such withhetdamount.

In the ontrqcts where salestax wast included, thecontractors/Consultants beasked not ts hcfude sales ta;cin their inuoiceLs. In case theamoant olf sates tax is inctudedrn fnuoiceg pagment should beprocessed etccluding prouincialSales Tax. The amountwithheld need not to bedeposited and will remain withNHA.

t I t .Implgmentatlon of Sales Tax IJotherJrovlnccs:Whetlrcr the afore-referred tnstructionsare applicabte to Punjab and Capital'lbritoty onlg / are equallg applicabteto other provinces'as utell,

fhis rs applicable to aII fourProvinces.

3' 'fhe above is circulated for information, compliance and further dissemination toall tlre conccrned with a vicw to erlsure a uniform practice/implementation of provilcial'l'ax on Services, please.

Distrlbu$ons:

. l

a

o

Copv to:I

I

General M

All General Managcr NHA llQs /Zones/ Regions/ projectsAll Director (Accounts) NHA l{Qs/Zonal officesAll Deputy Director (Accounts) NHA Hes/Regions

Member (Financc) NHA IslamabadOeneral Manager (B&A)/Revenue NHA Islamabad