.

/\
t tU 1 - [-bl |
TenderNo.6(460 bL

National Ilighway Authority

NtJA
A ri$rn.'Ars
FRifrro'r

REQUESTFORPROPOSAL

CoxSULTANCY SERVICES
FOR

CoxsuLTANCy SERVTcES
FoR DnsrcN REVTEw
AND COXSTRUCTION SUPNNVISION FOR
Duau zATtoN oF Raw.q.LprNDr-KAHUTARoet
(28.1Kru) TNCLUDTNG 4-Lexn BnTDGEovER
SrHera RarLwAy Ptss, Srrrel,.l' BypASSAND
Karrura ByPASS

(Aage1to 131)

FnnnuARY,2018
 Table of Contents

Sr. # Description Page No.

1. Letter of Invitation (LOf (iD

7 Instructions to Consultants (Annex A) 01

3. Data Sheet(Annex B) 08

4. Technical Proposal Forms t7

J. Financial Proposal Forms 33

6. Appendix A (Terms of Reference) 44

n
Appendix B (Person-Months and Activity Schedule) 79

8. Appendix C (Client's Requirernentsfrom the 80

Consultants)

9. Appendix D (PersonneloEquipment, Facilities, and 81

other servicesto be provided by the Client)

10. Appendix E (Copy of Model Agreement)

 GOVERNMENT OF'PAKISTAN
NATIONAL HIGHWAY AUTHORITY
28-Mauve Area, G-9/1, Post Box No. 1.205,
ISLAMABAI)
Dated the
Ref No.

LETTER OF INVITATION

To,
All consultants

Gentlemen!

We extend waffn welcome to you and invite you to participate in this project.
We hope that you will live up to your reputation and provide us accurateinfonnation so that the
evaluation is carried out "just and transparent".Pleaseunderstandthat ilre contents of this RFP,
where applicable, shall be deemedpart of the contract agreement.An example to this affect can
be the contents of your work plan and methodology which you shall be submitting in your
Technical Proposal. Since that is the basis of the selection. therefcrre,it shall become part of the
contract agreementsubject to approval/revisionsof the same by NHA during the negotiations.
Similarly, all other services and the content contributing to servicesshall be deemedpart of the
contract agreementunless it is specifically mentioned for any particular item up-front in your
Technical Proposal which obviously will make your Proposal a conditional proposal whereby,
authorizingNHA to may or may not considerto evaluateyour Proposal.Pleaseunderstandthat if
no such mention appears up-front (i.e. on front page of Technical Proposal) then it shall be
deemedthat the consultant is in 100% agreementto the above. You are also advised to kindly
read the RFP thoroughly as it can drastically affect the price structure for various serviceswhich
may not be appearing directly in the terms of reference. In the end, we appreciate your
participation and hope that you rvill feed a good proposal to merit considerationby NHA.

Your attentionis particrilarlydrawn towards paragraph1.10.3.1.1. subparaeraph3.1.2 (d).

paragraphs3.1.3. 3.1.5" 5.2.1 and 6.5 of Instructions to Consultants(Annex A) as well as
subparaeraphs 1.7 (v). i.7 (vii). 1.7 (viii). 1.8 (a) and 1.8 (b) in Data Sheet(Annex B) and Note
under the Table for check list of Required Forms (in Technical Proposal) to avoid the risks of
DisqualificatiorVRejection/ loo sine marks/ Penaltli.

However. the Client at its own discretion reservesthe riqht to EITHER seekclarification on non-
compliauce of the Instructions and rectif.v or not the shortcomings onl)' in Technical Proposals
(under sirnilar treatment to each consultant). OR not. prior to openine of Financial Proposals
(which shall be kept unopenedtill complete evaluation of Technical Proposals).No alteration in
Financial Proposals shall be made except during the negotiations subject to Procurement of
ConsultancyServicesRezulations 2010 as notified by Public ProcurementRegulatory Authoritlz.

GeneralManager(P&CA)
Telephone: +92-51-90327
27,
Fax:+92-51-9260419
/;'.
r.:i.\'r..
E-mail: [email protected].
com,
l-: l
Website:www.nha.qov.pk
!i
. -l ,(

al,'j ,, '.
 III
(lusuear8yIopoINJo,(d6) g xrpueddy '6
'(lueilc
eqt fq peprrrordeq ol secr^Jos
rerllo puu 'sei1r11cug q xrpueddy
luetudrnbg oleuuosre4)
(slueqnstro3 eq] ruor; sluerue;rnbogs6}uerlJ) 3 xpueddy
(elnpeqcg,,tl1,t.ltcvpue sr{luotrtr-uos;e4)g xrpueddy
(ecusrsgeggo
srrusl) y xrpueddy
suuoClesodor4lercu?urC
srruoClesodor4lecruqceJ
(g xeuuy) leeqs€t€CI
(y xeuuy) sluellnsuoJol suoqcrulsul
SINflI,\IHJYIIY
 Annex A

INSTRUCTIONSTO CONSULTANTS

1. GENERAL

1.1 Desiring consultants are invited to submit a technical and a financial proposal for
consulting servicesrequired for the assignmentnamed in the attachedData Sheet(Annex
B). The proposals could form the basis for future negotiations and ultimately a Contract
between the selectedConsultantand the Client named in the Data Sheet.

r.2 A brief description of the assignmentand its objectives are given in the Data Sheetwhich
are elaboratedin Appendix A (Terms of Reference)to this RFP.

1.3 The assignment shall be implemented in accordancewith the phasing indicated in the
Data Sheet. (When the assignmentincludes several phases,continuation of services for
the next phase shall be subject to satisfactory performance of the previous phase, as
determinedby the Client).

t.4 The Client (NHA) has been entrusted the duty to implement the Project as Executing
Agency by GOP and funds for the project have been approved and provided in the budget
for utllization towards the cost of the assignment,and the Client intends to apply part of
the funds to eligible paymentsunder the Contract for which this LOI is issued.

1.5 To obtain first-hand information on the assigrunentand on the local conditions, you are
encouragedto pay a visit to the Client before submitting a proposal and attend a pre-
proposal conference if specified in the Data Sheet. Your representativeshall meet the
official named in the Data Sheet.Pleaseensurethat the official is advised of the visit in
advance to allow adequatetime lbr him to make appropriate alrangements.You must
fully inform yourself of local conditions and take them into account in preparing your
proposal.

t.6 The Client shall pru'ide the inputs specified in the Data Sheet, assistthe Consultants in
obtaining licenses and permits needed to carry out the services, and make available
relevant project data andreports.

1.7 It is notified that:

The cost of preparing the proposal and of negotiating the Contract, including visit
to the Client, are not reimbursableas a direct cost of the Assignment, and

11. The Client is not bound to acceptany or all of the proposalssubmitted.

1.8 An invitation to subrnit proposalshas been sent to the firms as listed/statedin the Data
Sheet.

r.9 In order to avoid conflicts of interest:

A firm that has been engagedby the Client to provide goods, works, or non-
consulting servicesfor a project, or any of its Affiliates, shall be disqualified fiom
providing consulting services resulting from or directly related to those goods,

'l v r works, or non-consulting services.Conversely, a firm hired to provide consulting

servicesfor the preparationor implementation of a project, or any of its Affiliates,

PaseI of131
 shall be disqualified from subsequently providing goods or works or non-
consulting servicesresulting from or directly related to the consulting servicesfor
suchpreparationor implementation.; and

ii. A Consultant (including its Experts and Sub-consultants)or any of its Affiliates
shall not be hired for any assignmentthat, by its nature, may be in conflict with
anotherassisnmentof the Consultantfor the sameor for another Client.

1.10 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
one proposal for the Assignment is not allowed. In casea firm participates in more than
one proposal, all such proposals shall be disqualified and rejected. However this
condition doesnot apply for individual SpecialistSub-consultant(s).

) DOCUMENTS

2.1 To preparea proposal,pleaseuse the attachedForms/Documentslisted in the Data Sheet.

2.2 Consultantsrequiring a clarification of the Documentsmust notity 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 address
indicated in the Data Sheet. The Client shall respond by cable, telex or telefax to such
requestsand copies of the responseshall be sent to all invited consultants.

z.J 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 requestedby an invited consulting
firm, modify the Documents by amenclment. The amendmentshall be sent in writing or
by cable, telex or telefax to all invited consulting firms and will be binding on them. The
Client may at its discretion e-rtendthe deadlinesfor the submissionof proposals.

3. PREPARATION OF PROPOSAL

Desiring consullants 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 stampedforms appendedwith the RFP. This is a mandatory requirement
{tlr evaluationof proposalsand needsto be filled up carefully.

The proposalsshould be bound in the hard book binding form to deny the possibility of
removal or addition of page(s).All the pagesof proposalsmust be signed and stampedin
original by authorized representativeof the firm/JV. All the pages must be numbered
starting from first page to last. Any proposal found not adhering to these requirements
maybe rejected atthe time opening.3.I.2 In the Technical Proposal, the general
approachand methodology shall be proposedfor carrying out the services covered in the
Term of Reference,including such detailed information as deemedrelevant together with
consultant'sappreciationof the Project from provided details and

Pas.e2 of 131
 a. A detailed overall work programme to be provided with timing of the assignment
of each Key Personnelor other staff member assignedto the Project.
b. An estimateof the total number of person-monthsand Project duration required.
Clear description of the responsibilities of each Key Personnelwithin the overall
work programme.
d. The Curriculum Vitae of all Key Personnel and an Affidavit on stamp paper duly
attestedby Oath Commissionerto the effect that the proposedpersonnel shall be
available for the assignmentin the project duration and their presentplace of duty
may 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
namesthat shall be available for the Assignment.
e. The Technical Proposal shall include duly filled in forms provided in this RFP:
the name, background, and professional experienceof each Key Personnel to be
assignedto the Project, with particular reference to his experienceof work of a
nature similar to that of the proposedassignment.
f. Current commitments and past performance are the basic criteria in evaluation of
Technical Proposal. Consultants are required to provicle the details of present
commitments/ongoing jobs as referred in the Form TECH-9 of Technical
Proposal. Further, the basis for considering the past performance is the report
from Design Section and Construction Wing of NHA.

3.1.3 While preparingthe Technical Proposal,consultantsare expectedto examine all terms

and instructions included in the RFP. Failure to provide all requestedinformation shall
be at consultant's risk and may result adversely in the scoring of the proposal. The
proposal should be preparedas per RFP and any suggestionor review of staff etc. should
be clearly spelt out in Form TECH-4. This will be discussedat the time of negotiation
meeting as and when called.

Penalty against non-compliance with the maximum page requirement based in the
'CHECKLIST
OF REQUIRED FORMS' provided in the Section of Technical
ProposalForms rvill be one (01) scorepoint per excesspageto be deductedfrom the total
technical score. The consultants are instructed to submit the CVs of Key Personnel by
truly following the format attachedat Form TECH-5. The CV's submitted on format in
deviation to that specified are susceptibleof scoring low.

3.1.4 During preparation of the Technical Proposal, consultantsmust give particular attention
to the following:

i ffffif:'ffi,:ll'"':r'3i,::TJfi,""T1,'"ilil"ffi'"lT'
?#:,r:"*:i;
JV, the proposal should state clearly partners will be "Jointly and Severally"
responsiblefor performanceunder the Contract and One (Representative)partner

x;'*3:iif
lffi:fllH,T*iff
?l'if
ty'il""ffi
I'iT""i"i*3:ffi
,'l;J*,,':;
shall retain the responsibility for the performance of obligations and satisfactory
completion of the consultancy services. PEC registers a foreign consulting firm
for issuing licenseto provide consultancyservicesin Pakistan,which is basedon
formation of JV with the condition that the foreign consulting firm shall provide
only that shareof consultancyservicesby the JV for which expertiseis not
' r,,..
.,. r.,ri;
availablewith Pakistaniconsultingfirms. A copy of JV agreementto be provided
1,,..
:,,.1::"'

Pase3 of 131
 at the time of finalizing the contract documentswith specific responsibilities and
assignmentsto be looked after by eachpartner.

11. Subcontractingpart of the assignmentto the other consultantsis discouragedand

only individual Specialist Sub-Consultants(having unique expertise which is not
availablewith others) may be included.

iii. The Key Personnelproposed shall preferably be permanentemployeesof the firm

unlessotherwiseindicated in the Data Sheet.

iv. The estimated number of Key Personnel person-months required for the
Assignment is stated in the Data Sheet. The proposal should be basrrd on a
number of Key Personnel person-months substantially in accordancewith the
above number. However consultantsmay propose changes in the light of their
experiencethrough partrcular commentson the TOR.

v. Proposedpersonnelshould have experiencepreferably under conditions similar to

those prevailing in the areaof the Assignment.The minimum required experience
of proposedKey Personnelshall be as listed in the Data Sheet.

vi. No alterrrativeto Key Personnelmay be proposed,and only one curriculum vitae

(CV) maybe submittedfor eachposition.

vii. If the Data Sheet specifies training as a major component of the Assignment, a
detailed 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's
comments, rf any, on the data, services and facilities to be provided by the Client and
indicated in the TOR sliall be inoluded in the Technical Proposal. A Technical Proposal
containing any financial information will be treated as non-responsive resulting in to
rejectionof the proposal.

3.2 Financial Proposal

3.2.1 The FinancialProposalshouldbe submittedusing the format specifiedand enclosedwith

this RFP. This is a mandatory requirement for evaluation of proposals and needs to be
filled up carefully. The total cost is to be mentioned in the Form FIN-7 and accordingly
in Form FIN-I too.

3.2.2 The Financial Proposal should list the costs associatedwith the Assignment. These
normally cover remunerationfor 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, and
investigations.These costs should be broken into foreign (if applicable) and local costs.
The Financial Proposalshould be preparedusing the formats attachedas Forms FIN- 1 to
FIN- 7.

3.2.3 The FinancialProposalshall also take into accountthe professionalliability as provided

under the relevant PEC Bye-Laws and cost of insurancesspecified in the Data Sheet.

32:4. Costsmay be expressedin currency(s) listed in the Data Sheet.

Page4 of 131
 4. SUBMISSION OF PROPOSALS

4.1 Consultants shall submit one original Technical Proposal and one original Financial
Proposal and the number of copies of each indicated in the Data Sheet. Each proposal
shall be in a separateenvelopeindicating original or copy, as appropriate.All Technical
Proposals shall be placed in an envelope clearly marked "Technical Proposal" and the
Financial Proposalsin the one marked "Financial Proposal". These two envelopes,in
tum, shall be sealedin an outer envelopebearing the addressand information indicated in
the Data Sheet. The envelope shall be clearly marked, "DO NOT OPEN, EXCEPT IN
PRESENCEOF THE EVALUATION COMMITTEE."

4.2 In the event of any discrepancy between the copies of the proposal, the or"iginal shall
govem. The original and each copy of the Technical and Financial Proposal.sshall be
prepared in indelible ink and shall be signed by the authorized representative of the
consultant. The representative's authorization shall be confirmed by a n'ritten power of
attorney accompanyingthe proposals.All pagesof the Technical and Financial Proposals
shall be signedby the personor personssigning the proposal.

4.3 The proposal shall contain no interlineationsor overwriting except as necessaryto correct
effors made by the consultantsthemselves.Any such coruectionsshall be initialed by the
personor personssigning the proposal.

4.4 The completedTechnical and Financial Proposalsshall be delivered on or before the time
and date stated in the Data Sheet. The location for the submission of proposals is
indicated in the Data Sheet.

4.5 The proposalsshall be valid for the number of days statedin the Data Sheetfrom the date
of its submission.During this period, consultantsshall keep available the Key Personnel
proposed for the Assignment. The Client shall make its best effort to complete
negotiationsat the location statedin the Data Sheetwithin this period.

f,. PROPOSAL EVALUATION

5.1 Evaluation Procedure and Criteria

5 . 1. 1 A quality cum cost based procedure shall be adopted in ranking of the proposals. The
technical evaluation shall be carried out first, followed by the frnancial evaluation. Firms
shali be ranked using a combined technical/financial score.

5 . r . 2 The evaluation committee will correct any computational effors 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
unit price with quantity and the total price or (iii) betweenwords and figures, the formers
will prevail. However, items describedin the Technical Proposalsbut not priced, in the
Financial Proposals shall be assumedto be included in the prices of other activities or
items and no corrections are made to the Financial Proposal.ln casean activity or item is
quantified in the Financial Proposal differently from the Technical Proposal, the
evaluation committee shall correct the quantification indicated in the Financial Proposal
so as to make it consistent with that indicated in the Technical Proposal for further
correction by applying the unit price included in the Financial Proposalto the consistent/
i - 1 , 1 corrected quantity. However, the proposals that quote higher than the required input of
person-monthsas per this RFP will not be adjusted.Whereasthe proposalsquoting lesser
than the required input of person-monthsas per this RFP shall be adjustedas follows. If

Page5 of 131
 unit price for the subject person-month is available, the same shall be applied; and if the
unit price for the subject person-monthsis not available, highest unit price for an activity
or item of the same category finternational or national (Key Personnel or other
Personnel)l as provided in the Financial Proposals shall be applied. The Reimbursable
direct cost shall not be adjustedand the same shall be cappedfor the Assignment.

5.2 Technical Proposal

5.2.I The evaluation committee appointed by the Client shall carry out its evaluation for the
project(s) as listed in Para 1.1, applying the evaluation criteria andpoint system specified
in the Data Sheet. Each responsive proposal shall be attributed a technical score (St).
Firms scoring less than seventy (70) percent points shall be rejected and their financial
proposalsreturnedun-opened.

5.3 Financial Proposal

5.3.1 The FinancialProposalsof the three top-ranking qualifying cunsultingfirms on the basis
of evaluation of Technical Proposals shall be opened in the presence of the
representativesof these firms, who shall be invited for the o<;casionand who care to
attend. The Client shall inform the date, time and address for opening of Financial
Proposalsas indicated in the Data Sheet. The total price and major componentsof each
proposal shall be publicly announcedto the attendingrepresentativesof the firms.

5.3.2 The evaluation committee shall detennine whetirer the Financial Proposalsare complete
and without computationalerrors; all errorsltliscrepanciesand deviations from respective
Technical Proposals as well as RFP shall be dealt with for subsequent scoring in
accordancewith procedure and criteria given in Para 5.I.2 herein above. The lowest
Financial Proposal(Fm) among all shall be given a financial score (Sf) of 1000 points.
The financial scoresof the proposalsshall be computedas follows:

Sfi (1000x Fm)/F

(F : amount of specific Financial Proposal)

5.3.3 Proposals,in the quality cum cost based selectionshall finally be ranked accordingto
their comlrined technical (St) and financial (S) scoresusing the weights (T : the weight
given to the Technical Proposal, P : the weight given to the Financial Proposal; and
T+P=l) indicatedin the Data Sheet:

S : St xT o/o+Slf
xpyo

6. NEGOTIATION

6.1 Prior to the expiration of proposal validity, the Client shall notify the successful
consultant that submitted the highest ranking proposal in writing, by registered letter,
cable telex or facsimile and invite it to negotiate the Contract. The proposed Chief
ResidentEngineer/ResidentEngineer shall also be invited to attendthe negotiations.

6.2 Negotiations normally take from two to five days. The aim is to reach agreementon all
points and initial a draft contractby the conclusion of negotiations.

Page6 of 131
6.3 Negotiations shall commence with a discussion of consultant's Technical Proposal
including proposed methodology, work plan, staffing and any suggestionswhich may
have been made to improve the TOR. Agreement shall then be reachedon the final TOR,
the staffing, and the bar charts, which shall indicate activities, staff, periods in the field
and in the home office, staff months, logistics and reporling.

6.4 Changes agreed upon shall then be reflected in the Financial Proposal, using proposed
unit prices (no negotiation of the person-monthrates).

6.5 Having selected Consultant on the basis of, among other things, an evaluation of
proposed Key Personnel, the Client expects to negotiate a contract on the basis of the
staff named in the proposal. Prior to contract negotiations, the Client shall require
assurancesthat the personnel will be actually available. The Client shall not consider
substitutions of Key Personnelexcept in casesof un-expecteddelays in the starting date
or incapacity of Key Personnelfor reasonsof health. Failure to assurethe availability of
Key Personnel or substitution (equal or better) as exception onl.vmay result in rejection
of Consultant'sproposal.

6.6 The negotiations shall be concludedwith a review of the dratt form of the contract. The
Client and the Consultant shall finalize the contrar-'t to conclude negotiations. If
negotiations fail, the Client shall invite the consultant that received the second highest
score in ranking to Contract negotiations.The procedure will continue with the third in
casethe negotiation processis not successfulu'itlr the second ranked consultant (and so
on).

AWARD OF CONTRACT

7.1 The Contract shall be awardedafter successfulnegotiations with the selectedConsultant

and approved by the competent authority. Upon successful completion of negotiations/
initialing of the draft contract, the Client shall promptly inform the other consultantsthat
their proposalshave not been selected.

7.2 The selectedConsultant is expectedto commencethe Assignment on the date and at the
location specifiedin the Data Sheet.

v ' /-a

Page7 of 131
 Annex B

DATA SHEET

LOI Clause#

1.1 The nameof the Assignmentis:

Consultancy Services for Design Review and Construction Supervision for
Dualization of Rawalpindi-Kahuta Road (28.4 Km) including 4-Lane Bridge
over Sihala Railway Pass,Sihala Bypass and Kahuta Bypass

The name of the Client is:

National Highway Authority (NHA)

1.2 The description and the objectives of the assignmentare:

As per TOR

1.3 Phasingof the Assignment(if any):

-Nil-

1.5 Pre-ProposalConferences:
Y", -{- No
Pre-proposalconferencewill be hekl on:
23'd Februaryr 2018 at 1100Hours
in NHA Auditorium, NationalHighway Authority, 28 Mauve Area, G-917,
Islamabad.
Name of the official is:
lmtiaz Ahmed Khokhar
(GeneralManager P&CA)
E-mail : gnpca.nha@gnail. com

1.6 The Client shall provide the following inputs:

As per TOR and Appendix D

t.l Following sub-clausesare added:

Il l . The supervision of the project shall commence upon undertaking of the construction
works by the contractor and shall be notified through issuanceof commencementnotice
to the selected consultant by NHA. Any inordinate delay or cancellation of the
constructionwork for any reason including non-availability of funds shall not entitle the
consultantsto any financial or legal claims. However when the project shall commence
the supervisory consultants shall maintain the right subject to availability of proposed
Key Personnel(professional staff) based on which the consultant was selectedor if the
delay is beyond six months then equally competentKey Personnelwith equal or higher
qualification and experience shall be pre-requisite for consideration of issuance of
commencementnotice by NHA. In casethe work is delayed or abandonedfor any reason
whatsoever,the consultant shall not have any legal recourse.

Pase8 of 131
 iv. The consultant shall be responsible to have the whole construction work completed
through the contractor in a professionalmanner so that all items of construction work are
completed from one end to the other including paying attentionto site clearanceof debris
or any other leftover material. The trees/shrubsprone to landscapeand earth work slopes
grassed in ROW. A11 signs of construction work dispensed with. To achieve this
objective consultantmay include the price for such 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 final measurementsof the Works and to issue Final
Payrnent Certificate of the Contractor. No separatecosts are payable as extra costs for
this service.All such costs shall be included in theserates submittedby the consultant in
its financial proposal. The consultant has to basically ensure that contractor has
completed entire construction work as per Works Contract with particular ref'erenceto
site clearancebefore taking over the project on completion.
v. The consultantsmay better not to propose names of Key Persomel alr"eadyproposed in
other proposalswhich are being evaluatedby NHA or contract(s)awardedrecently. This
will affect adverselymarking of these Personnelin evaluation of tlre technical proposal.
Their securedpoints are liable to be reduced by 50% if their names 'dppearin more than
one previous proposal in which they are ranked No.l. Further tht: existing load of work
with a firm shall be consideredas one of the factors for the considerationin the award of
the contract.No CV of any alternatePersonnelshall be acceptedduring evaluation.
vi. Form TECH-4 is meant for comments on provisions contained in RFP and TOR and
unless the observationsare noted in this particular Form, anything written elsewhereon
this account including financial implications, if any, shall be considered of no
consequencein the evaluationprocessand ara'artlof the contract.
vii. Consultantsmay form a Joint Venture (JV) to qualify for the Assignment in which case
the contract will be signed between the Client and all members of the JV on the
prescribed Form included in Appendix E (copy of Model Agreement) subject to the
ranking and successfulnegotiations. A JV may include at the most four members. To
promote the consultancy industry in the country, 50 marks (out of 1000 for Evaluation)
are allocated for Transfer o1'Knowledge in the form of JV with a new / less experienced
firm by sharing at least 20ohof Assignmentwith them.
viii. The term associates,if used in the proposal or otherwise shall not be considered as an
alternative of JV member. Anv personnel proposed for the Assignment but belonging to
the so calied associatesshall not be marked in evaluation of technical proposal like in
case of Sub-consultants (except individual Specialist Sub-consultantshaving unique
expeftise which is rarely available OR an expatriate Personnel)who are not supposedto
contribute in qualification of their main consultants.
ix. Consultant's Head Office Support will be mandatory during Supervision; the firm shall
he bound to provide design input required on the Site or advice on contractual matters;
the cost for the samemust be built in the financial proposal. Responsibility for the team
in field will be backedby the Consultant's Head Office; the Head Office will assumefull
responsibility for the team in field. Any key position that remains vacant for more than
one month that was required to be filled for that period, a compensationequivalent to the
charge rate of that individual will be imposed. For clarification, the invoice will not
include the chargerate of the missing individual and additionally, the charge rate of one
month for that individual will be deductedfrom the invoice. This will be replicated for all
missing key personnel.For the 2nd month, the compensationpayment will be doubled.
For the 3'o month, an additional waming will be issued. If the issue persistsin the fourth
month, the firm can be penalized by invoking conditions of contract and even to the
. :. extentof considerationfor blacklisting.

Page9 of 131
1.8 The invited firms are:
Any firm meeting the following requirements:
(a) Valid Registration Certificate of Pakistan Engineering Council with
relevant Project Profile Codes. Foreign consulting firms shall make JV in
accordance with Bye-Law 6(2) and Bye-Law 9 of the Pakistan
Engineering Council (Conduct and Practice of Consulting Engineers)Bye-
Laws 1986. Failure to provide valid Registration Certificate (license) of
the firm (each member in caseof JV) by the PEC will entitle the Client to
reject the proposal.
(b) Affidavit in original bearing the subject with project name on starnppaper
duly attested by the Oath Commissioner to the effect that the liln has
neither been blacklisted nor any contract rescinded in the past for non-
fulfillment of contractual obligations (By all partner fimrs in caseof JV).
Non submission of the affidavit may be treated as disqualification
resultinq in to no further evaluationof the propos_AL
(c) Facilities available with the consultant to per"form their functions
effectively (proper office premises, software, hordware, record keeping
etc.)
(d) Client's satisfaction certificates (Perlbrmance Reports) for the last three
relevant assignmentsfrom the respectir.eClients. Moreover any adverse
report regarding performance of cernsultanton NHA projects received
from NHA's any relevant quarter may become basis for its disqualification
from the Assignmentabovenamedin clause1.1.
(e) Person-monthsof statf and Project Duration as per TOR.
2.1 The Documentsare:
(i) Letter of Invitatinn.
(ii) Instructions to Consultants,
(iii) Data Sheet,
(ir,) Technical ProposalForms,

{r,) FinancialProposalForms,
(vi) Appendix-A Terms of Reference(including Background information),
(vii) Appendix-B: Person-Monthsand Activity Schedule,
(viii) Appendix-C: Client's Requirementsfrom the Consultants,
(ix) Appendix-D: Personnel,Equipment, Facilities and Other Servicesto be
provided by the Client, and
(x) Appendix-E Copy of Model Agreement (Draft Form of Contract &
Appendicesetc.)
2.2 The addressfor seeking clarification is:
General Manager (P&CA)
National Highway Authority
28 Mauve Area, G-glI,Islamabad.
Phone: +92-51-9032727
Fax: +92-51-93260419
, ,, E-mail: [email protected]

Page10 of 131
3.1.4
iii. ProposedKey Personnelshall preferablybe permanentemployeeswho are employed
with the consultantsat leastsix monthsprior to submissionof Proposal.
Yes { No
iv. The minimum number of person-monthsof Key Personnelis:
Total Expatriates: _ Person-Months (Not used)
Total Local Experts: 119.50Person-Months
v. The minimum required qualification and experienceof proposedKey Personnel is given
in Appendix - A "Terms of Reference"
vii. Training is a major componentof this Assignment:
Yes No

3.2.3 Professionalliability, insurances(description or referenceto appropriatedocumentation):

The consultants shall be responsible for Professional Indernnity Bond of the
required amount at their own cost. This bond shall be in the joint name of
Consultant and the Client.
11. The consultants are required to insure their Ernployees and Professionals for
HospitalizatiorV Medical, Travel and Accident Cover for the duration of the
Contract.
iii. Other details provided in Para 3.5 of S1:ecialConditions of Contract in Model
Agreement (Appendix E).

3.2.4 Consultants shall quote the rates of reiluneration for local personnel in Pak. Rupees,
whereas only the rates of renuneration for expatriate personnel shall be quoted in US
dollar cuffency. The payment however, to the Consultant for both the local as well as the
expatriatepersonnel u,ill be made in Pak Rupeesby converting US$ into Pak. Rupeesby
applying USD TT/ OD Selling Rate of National Bank of Pakistanon 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 comparisonof the Financial Proposalsof consultantsthe US dollar's componentof
Financial Proposalswill be convertedto Pak Rupeesas per following exchangerates:
The official source of the Selling (exchange)Rate is: National Bank of Pakistan as per
TT/OD Selling Rate from the website:http.,llwww.forex.com.pk/ for Inter Bank Rates.
The dateof the exchangerate is: The date of submissionof proposals.

4.1 The number of copies of the Proposalrequired

TncnNrcar, PRoPoSAL:
ONn OnrcrNAL ANDTnnrn coprEs wrru CD (sorr FoRM oF coMpLETE
TECHNICALPRoPoSALIN PDF Fonu) IN SEALED ENvELoPE
FrNaNcr.lr, Pnoposnl:
ONn OnrcrNnr, wrrH CD (sorr FoRM oF coMpLETE FrNaNcrar,
Pnoposar, rN PDF As wELL as MS Wono/ ExcEL Fonus) rN SEALED
ENVELOPE

J Page11 of131
 The addressfor writing on the proposalis:
General Manager (P&CA)
National Highway Authority
28.Mauve Area G-9/I Islamabad
Telephone +92-51-9032727
Facsimile: +92-51-9260419
Email: [email protected]

4.4 The dateand time of proposalsubmissionis:

1130hours on 8thMarch.2018
The location for submissionof proposalis:
National Highway Authority Auditorium
2"d Floor, 27 MauveArea, C-g/lrlslamabad

4.5 Validityperiod of theproposalis:

180 days
The bid shall remain valid upto:
4thSeptemberr20lS
Location for Negotiationis:
National I{ighway Authority Auditorium
2"d Floor, 27 MauveArea, G-gllrlslamabad

5.2.1 The evaluationof TechnicalProposalshall be basedon following criteria:

Description/ Items Points

1. Experience of the Firm 100
1-a. General Experiencein road a5)
Transport Sector
1-b. SpeoificExperiencerelatedto a2
particularAssignment
2. Approach & Methodology 250
7-a Appreciation of the Project ua)
(i). Evidenceof Site Visit with (30)
Photographs
(ii). Clarity of appreciation (20)
(iii). Comprehensiveness of appreciation (20)
2-b Problem StatementlUnderstandins
of Objectives
€a
(i). Identification of Problems/ (30)
Objectives
(ir. Componentsof Proposed Services (20)
2-c Methodology G0)
(r. Proposed Solutionsfor this Project (s0)
(ii). Quality of Methodology (20)
(iir. Conciseness,clarity and (30)

Page12 of 131
 completenessof proposal
2-d Suggestedchangesfor improvement
in TOR GA
2-e Work Program Qe)
2-f Staffing Schedule @)
3. Key Personnel 450
4. Performance Certifi cation from 100
clients
t. Present Commitments (current 50
engagementand available strength
- justification)
6. Transfer of Knowledge *
(Methodology/ Plans)

Total Points: 1000

Minimum qualifying technical score 700

Transfer of knowledge would be in the form of' joint venture with new/ less
experienced firm(s) by sharing at least 2}a/a of Assignment with them for
promoting the consultancyindustry in the country.

The percentagedistribution of rveightageearmarkedfor evaluation sub-criteria for

suitability of Key Personnelare:
a, DesignReview Team:

Description/ Iterns Percentage

i. Academic anclGcrreral
30%
Qualifications
ii. Professionalexperiencerelated to the
60%
Project
iii. Statusr.r,iththe firm (Permanent&
duration with Firm)
r0%
b. SupervisionPhaseTeam:

Description/ Items Percentage

i. Academic and General
30%
Qualifications
ii. Professionalexperiencerelated to the
6s%
Prdect
iii. Statuswith the firm (Permanent&
5%
duration with Firm)

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

, 5.3.1 The words "three top-ranking qualifying consulting firms" is deletedin entirety and
replacedwith the words "qualifying consultants".
f'

V,
X
Page13 of131
 The date, time and addressof the Financial Proposalopening are:
After evaluation and approval of Technical Proposals (to be informed later).

s . 3 . 3The weights given to the Technical and Financial Proposalsare:

Technical: 80oh
Financial: 20oh

6.3 Add following at the end of this Para:

The final person-monthsof each personnel are subject to adjustmeri.at the stage
of contract negotiation in line with demonstratedapproach & methodology and
needbasis.

6.5 Add following at the end of this Para:

The Consultant is bound to replace all the Key Personnel proposed who scored
less than 60% marks in the PersonnelEvaluation, if the Client so requests.If the
Consultant refusesto replace such Key Personnel,the Client reservesthe right to
reject its proposal and invite the Consultarfi.thatreceived the secondhighest score
in ranking to Contract negotiations.

7.2 The Assignment is expectedto commencein:

March,2018

Pase14 of 131
 SUMMARY EVALUATION SHEET FOR TECHNICAL PROPOSAL (QCBS)

Max. li'irnr I Firm 2

EVALUATION CRITERIA
Weioht* ;;- T'""* Rating Score

I. Exnerience of the Firm r00

General Experience in road Transport Sector 75
SpecificExperiencerelatedto particularAssignment 75
II. Approach and Methodology 2s0
III. Kev Personnel 450
Design Review Team r20
a) Highway Design Engineer/ Team Leader 30
b) Structure/Bridge Engineer 15
c) GeotechnicalEngineer l5
d) Road Safety Engineer l5
e) Drainage Engineer l5
f) TrafficlPavementEnsineer 15
C) EnvironmentalSpecialist t5
ConstructionSupervisionTeam 330
h) ResidentEngineer/ Team Leader 60
i) Assistant ResidentEngineeri Highwal'Engineer - I & il 2x40
j) Structure/BridgesEngineerI & II 2x40
k) Road Safety Engineer 40
l) SoiV Material Engruecr 40
m) Contract Enginecr JU

IV. Performance Certification from clients 100

V. Present Commitments (current engagementnnd available strength - iustification) 50
VI. Transfer of Knowledse (Methodolosv/ Plans) 50
The Joint Venture (JV) shall be evaluat*rl in the samemanner as a single entity, since they function as
one unit.
TOTAL 1000

Excellent-l00o/o VeryGood*90to99Vo AboveAverage-80to89o/o Average-70to79o/o BelowAverage-Lto69oh Non-complying-0%o

Score: Maximum Weight X rating / 100.
Minimum qualifying score is 70'l'nor 700 marks.

Page15 of 131
 PERSONNELEVALUATION SHEET
Project related OVERALL
Academic and General Experience Status with the Firm** RATING
POSITION/ AREA OF Name * Weight 60%;"for design l0ol, for design review but (Sum of
Qualification
EXPERTISE Weighted
Weight 307o review but 657o for 3o/ofor supervision
supervision Ratinss)
Percentage Weighted Percentage Weiglrted Percentage Weighted
(Show all expertsto be evaluated) (A+B+C)
Ratins Ratine (A) Rating Rating (Il) Rating Rating (C)
Design Review Team
a) Highway Design Engineer/ Team Leader
b) Structure/ Bridge Engineer
c) GeotechnicalEngineer
d) Road Safety Engineer
e) Drainage Engineer
0 Traffic/PavementEngineer
g) Environmental Specialist
Construction Supervision Team
h) Resident Engineeri Team Leader
i) Assistant Resident Engineer/ Highway Engineer- I & II
j) Structure/BridgesEngineerI & II
k) RoadSafetyEngineer
l) Soil/ Material Engineer
m) Contract Engineer

Rating: - Excellent- I00% Very good- 90-99% Above Averase- 80-89% Average - 60-79% Below Averase -
Non-complying - 0o/o

+ForfighwayDesigne4ineeI/TermLerder,structure/Rridg€hgineer,Roadsrf€tyfngir€r,TraIIic/PavementEngineer,Envnonmentrlsp€ci3t'R€ddentE[gineer/Teln
LeNd€r,ARE(Highw'y3)'stfuctore./BridgeEngineer'soiyMateri$lEngin€er'cottnctEngiD€er:M'sc'withadditionalre1evanttniningsfomrecogni
90%; B.Sc.with additionalcoulseJ t"aiEingsin r€l€ratrl fi€I" - 80%;B.Sc. 70%.

For Geotechnical Engineer, Drainage Engineer: I\4.Sc. with additional relevant trainings from recognized organizations- M . S c .- with additional courses/ in
relevantfield - 60%; B.Sc. - 50%.

Score: Maximum WeightX rating /100

** Thesemarksfor statuswith the firm shallapplyfor evaluationof proposedKey Personnelasper followingproportion:

Regular employee - l00oh

First time for this assienment- 0olo

Page16 of 131
 TECHNICAL PROPOSALFORMS

-,r. : ri

-U'
 TechnicalProposal - Forms

{Notes to Consultanl shown in bracketsthroughout this Sectionprovide guidanceto the

Consultantto preparethe TechnicalProposal;they shouldnot appearon the Proposalsto be
submitted.)
Checklist of Required Forms (subparagraph 3.1.3 of ITC)

Required,(r/) FORM DBSCRIPTION Page Limit

TECH-i Technical Proposal SubmissionForm

TECH-1 Proof of legal statusand eligibility

Attachment
If the Proposal is submittedby a joint
TECH-1
"r/" If applicable venture, attach a letter ofintent or a
Attachment
copy of an existins aqreement.
TECH-1 No pre-set format/form. In the caseof a
Attachment Joint Venture, severalare required: a
Power of power of attorley for the authorized
"d" If applicable
Attomey representativeof each JV mentber and a
Special power of attonrey for the
representativeof the lead rnemberto
reDresentall JV' rlembers.
TECH-2
Consultant'sOrganizationand As given below
Exnerie;nse.
TECH-2A A. L)6nsu11.nt'
s Organization J

B. ConsuJtant'sExperience/Client's
TECH-2B 20
Reference
TECH.3 Approach Paper on Methodology 50
proposedfor Performing the Assignment
TECH-4 Comments/ Suggestionsof Consultant [Seefootnote ]'
TECH-4A A. On the Terms of Reference nla

Ti:CH-4B B. On the Counterpart Staff and 2

Facilities
'Il:CH-5
Format of Curiculum Vitae (CV) for 8 pageseach CV
orooosed Kev Personnel
T TECH-6 Composition of the Team Personneland nla
the Tasks to be Assigned to eachTeam
Member
TECH-7 Work Plan / Activity Schedule nla

TECH-B Work Plan and Time ScheduleIbr Key nla

Personnel
TECH-9 CurrentCommitmentsof the Firm nla

Note: Failure to provide required attachmentswith Form TECH-I will entitle the Client to reject
the proposal.

'
The total number of pagesfor combined forms TECH-3 and TECH-4 should not exceed 50. A page is
defined as one printed side of ,A.4or letter-sizepaper with font size of 10 or more.
P a s e1 8 o f 1 3 1
 CHECKLIST OF OTHER DOCUMENTS

t. Valid RegistrationCertificate(s)of PEC fsubparagraph1.8(a)of Data Sheet].

2. Affidavit in accordancewith subparagraph1.8(b)of Data Sheet.

a
a Pagenumbered,signed,stamped,and duly bound proposal(paragraph3.1.1 of ITC).
A
&+. Affidavit in accordance
with subparagraph
3.1.2(d)of ITC.

5. Technicalproposalnot to include any financial information (paragraph3.1.5 of'lTC).

6. Letter of Intent/ JV Agreement (Form TECH - 1).

7. Integrity Pact lsubparagraph(h) of Form TECH - 11.

Page19 of L31
 TECH-1

TncnNrcar,Pnoposar,SugNIISsroN
Fonpr

{Location, Date}
To: lName and addressof Clientl

Dear Sirs:

We, the undersigned, offer to provide the consulting services lbr flnsert the Project
Name] in accordancewith your Request for Proposalsdated fhtselt Date]. We are hereby
submitting our Proposal, which includes this Technical Proposal arrd a Financial Proposal sealed
in a separateenvelope.

[{If the Consultantis a joint venture,insertthe following:

We are submitting our Proposalin a joint venture comprising: {Insert a list with fulI name and the
legal addressof eachmember,and indicate the lead member).We have attacheda copy {insert:
"of our letter of intent to form a joint venture" or, if a JV is already formed, "of the JV
agteement") signed by every participating memher, which details the likely legal structure of and
the confirmation ofjoint and severableliability of the membersof the saidjoint venture.)l

IAND

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

following:

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

We lrereby declarethat:

{a) All the information and statementsmade in this Proposal are true and we accept
that any misinterpretationor misrepresentationcontainedin this Proposal may lead
to our disqualification and/or may be sanctionedby the Client in compliance of
Rule 19 of the Public ProcurementRules. 2004.

(b) Our Proposal shall be valid and remain binding upon us for the period of time
specifiedin the Data Sheet,Clause4.5.

(c) We have no conflict of interestin accordancewith ITC Clause1.9.

(d) We meetthe eligibility requirementsas statedin Data SheetClause 1.8.

(e) Neither we, nor our JV member or any of the proposed individual Specialist Sub-
consultantpreparedthe TOR for this consulting assignment.

J{'.;- Page20 of 131

 (0 Within the time limit stated in the Data Sheet, Clause 4.5, we underlake to
negotiate a contracton the basis of the proposedKey Personnel.We acceptthat the
substitutionof Key Personnelfor reasonsother than thosestatedin ITC, Clause6.5
may lead to the termination of Contract negotiations.

(e) Our Proposal is binding upon us and subject to any modifications resulting from
the Contract negotiations.

(h) In compliance (and, if the award is made to us, in exec-ution)of Contract, we

undertake to obey the Integrity Pact (attachedherewith duly signed by authorized
representativeand stamped).

(i) Our Head Office Support will be mandatory during Supervision; our firm shall be
bound 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.
Responsibilityfor the team in field will be backedby our Head Office; our Head
Office will assumefull responsibility for the team in field.

0) Our firm/ eachmember of our JV is not any other proposal for this
Assignment.

We undertake, if our Proposal is accepted ancl the Contract is signed, to initiate the
Servicesrelated to the Assignment not later than the date mentioned in Data Sheet4.5 (or the date
extendedwith the written consentof Consulrcuttin t:aseof delay in procurementprocess).

We understandthat the Client is not bourrd to accept any or all Proposal(s)that the Client
receives.

We remain,

Yourssincerely,

AuthorizedSignature{ln fuIl and initials):

NameandTitle of Signatory:
Name of Consultant(lirrn's nameor JV's name):
In the capacity ot:

Address:
Contact information (phone and e-mail):

lFor a joint venture, either all members shall sign or only the lead member, which case the
power of attorneyto sign on behalf of all membersshall be attached)

Pase2l of 131
 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 eachmember for this Assignment.

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

'
Beneficial ownership shows all owners and major shareholdersof the company, including any person or entity who
the beneht of ownership including, but not limited to power of control and influence of the business
"ttJoys
transactions, receiving dividends or profit share. This includes direct or indirect ownership of the company (e.g.
ownership by close relatives)
Pas.e22 of 131
 TECH-28

CONSULTANT'S EXPERIENCE/ CLIENT'S REFERENCE

Relevant ServicesCarried Out in the Last Ten Years (by each member in caseof JV) and by
SpecialistSub-consultant, if any, Which Best Illustrate Qualifications

[1. Using the format below, provide information on each successfully completed reference
assignment for which your firm, either independently or as one of the member of Joint
Venture (JV), was largely contractedby indicating the shareof the firm itself in the.lV.

2. Assignments completed by the Consultant's individual Experts working privately or through

other consulting firms or that of the Consultant's Specialist Sub-consultant, cannot be
claimed as the relevant experienceof the Consultant,but canbe clailned by the Experts or the
Specialist Sub-consultantsthemselves in their CVs. The Consultant should be prepared to
substantiate the claimed experience by presenting copies of relevant documents and
referencesif so requestedby the Client.l

Assignment Name: Countryof Assignment:

Location within Country: Key PersonnelProvided by Your

Firm:
Name of Client: No of other personnelprovided
bv vour Firm:
Address: Total No of Person-Monthsof
staff of your Firm:

Start Date (Month/Year): C\rmpletionDate Approx. Value of Services(in

(Month/Year): Equivalent / Rs.) provided by
staff of your Firm
Name(s) of Member No. of Person-Monthsof Key
Firm(s),in caseof J\,': PersonnelProvided by member
Firm(s), in caseof JV
Name of Senior Staff (Project Manager I Coordinator, Team Leader) involved and functions
performed:
Narrative Description of Project
Description of Actual ServicesProvided by Staff of your Firm

Consultants'Name:

*'l

Page23 of 131
 TECH-3

APPROACH PAPER ON METHODOLOGY PROPOSED FOR PERFORMING THE

ASSIGNMENT

[In this part of the Technical Proposal, explain understandingof the objectives of the Assignment,
approachto the services,methodology for canying out the activities and obtaining the expected
output, and the degree of the detail of such output. You should explain your methodology to
complete the project within time and budget.

The approachmust be indigenousproject specific approachof Consultant and not a generic one or
copy of the TOR.

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

In caseof JV, the role of each member must be clearly highlighted. Likewise role of Specialist
Sub-consultant,if any, along with necessitymust be highlighterl.]

.1. ir,::l'.).'
,:.'''

Pas.e
24 of 131
 TECH.4
AandB

COMMENTS / SUGGESTIONS OF CONSULTANT

[Provide here comrnentsand suggestionson the Terms of Referencethat could improve the qualityl
effectivenessof the Assignment; and on requirements for countelpart staff and facilities. which are
provided by the Client, including: administrative support, office space, local tr:ansllortation,
equipment,dat4 etc.,separatelyunderForms TECH-4A andTECH-4B respectivel;'.]

A. On the Terms of Reference (TOR)

1.

2.

a
J.

Etc.

B. On the Counterpart Staff and Facilities (data & servicesto be provided by the Client
as indicated in the TOR):

1.

2.

a
J.

Etc.

Note: 1 . The consultant may propose a team of experts to best achieve the scope of
service and activities and to deliver outputs as required in ToR. proposed
changes in position/individual inputs should be indicated and reasoned in the
Technical Proposal but incorporated only in the Financial Proposals (showing
excess/saving,in datum Price as worked out with the person months indicated in
the RFP, which must be clearly bifurcated and marked red at each place for
acceptanceor otherwise by the Client at its prerogative during negotiations).

(i) The Proposal may assign person-month inputs differently from ToR.
However, Key Personnelinput totals in the Proposal should not be less than
the minimum totals of person-monthsinputs mentioned in Data sheet sub-
Clause-3.1.4 respectively.

Page25 of 131
(ii) The Proposal may include additional expert position/s. However, additional
expert will be consideredNon Key Personnel for the purpose of proposal
evaluation.

(iii) If the Proposal drops or replaces a Key Personnel position with a different
one, the original position will receive zero score in the technical evaluation
and the new position added in the Proposal will be consideredNon Key and
will not be evaluated.

(iv) DO NOT INCLUDE EXCESS/SAVING INFORMATION rN

TECHNICAL PRPOSAL. rf Technical Proposal includes financial
information, the Proposalwill be reiected under Clause-3.1.5.of ITC.

When the Consultant suggestsa change in scope of serv'ics,activities or output.

the consultant must describe the details in Form TECH-4A and the change
should not be incorporated in the Proposal. Enumelate each suggestionin Form
TECH-4A with incremental cost as a separateattilchment to Financial Proposal
indicating breakdown into individual remuneration and expenses for each
suggestion. Forms FIN-I to 7 should be prepared without incorporating the
changes.

(i) If Financial Proposal proviclesno separateattachmentabout incremental cost

to a suggestion,the suggestionrvill be consideredat no additional cost to the
Client and no negotiationstbr an incremental cost shall be done;

(ii) Do NoT TNCLUDE TNCREMENTAL COST TNFORMATTON rN

TECHNICAL PRPOSAL. If Technical Proposal includes financial
infonnation. the Proposalwill be rejectedunder Clause-3.1.5of ITC.

Pase26 of 131
 TECH-5

FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED KEY PERSONNEL AND

SPECIALIST SUB.CONSULTANT (IF ANY)

1. ProposedPosition:

2. Name of Firm proposing the Key Personnel:

J. Name of Person:

4. Profession:

5. Date of Birth:

6. Years with Firm:

Nationality & CNIC Number:

8. Membershipin ProfessionalSocieties:
(Membership of PEC is Mandatory)

9. DetailedTasksto be Assignedon the Project:

10. Key Qualifications:

{Give an outline of the person's experienceand training most pertinent to tasks on assignment.
Describe degree of responsibility held by the person on relevant previous assignmentsand give
datesand locations.Use up to one page).

11. Education

{Summarize college/university and other specialized education of the person, giving names of
institutions. datesattendedand degreesobtained).

12. Employnent Record

{Starting with presentposition, list in reverseorder every employment held. List all positions held
by the person since graduation, giving dates,namesof employing organizations,title of positions
held, and location of assignments.For experiencein last ten years, also give types of activities
performed and client references,where appropriate).

13. Languages

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

poor).

P a p e 2 7o f 1 3 1
14. Certification

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

(i) This CV correctly describesmy qualifications and experience;

(iD I am not a current employeeof the Executing or the Implementing Agency;
(iii) In the absenceof medical incapacity,I will undertakethis Assignment for the duration and
in terms of the inputs specified for me in Form TECH-5 provided team mobilization takes
place within the validity of this Proposal;
(iv) I was not part of the team who wrote the Terms of Referencefor this consulting services
Assignment;
(v) I am not currently debarred by any department/ organization/ (semi-autonomous/
autonomous)bodies or such like institutions in Pakistan; and
(vi) I have been informed by the Firm that it is including my CV in the Proposal for the {name
of project and contract). I confirm that I will be available to carry out the Assignment for
which my CV has been submitted in accordancewith the implernentation arrangements
and scheduleset out in the Proposal.

[If CV is signed by the Firm's authorizedRepresentative:

I, as the authorized representativeof the Firm submitting this Proposal for the
{name of
project and contract), certify that I have obtained the consentof the named Key Personnel
to submit his/her CV, and that s/tre will be available to carry out the Assignment in
accordancewith the implementation arrangementsand schedule set out in the Proposal,
and confirm his/her compliancewith paras (i) to (v) above.l

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

Signatureof Key Personnelor authorized Date:

Representativeof the Fiun(s) DaylMonth/Year

Full name of authorizedRepresentative:

{Note: copy or scannedsignatures are not allowed}

Page28 of 131
 TECH-6

COMPOSITIONOF THE TEAM PERSONNELAND THE TASKS TO

BE ASSIGNEDTO EACH TEAM MEMBER

1. Key Personnel(and SpecialistSub-consultant,if any)

Name Present Name of assignment involved

Position Task Assignment
location and clients names at present

2. Other Personnel

Name Position Task Assignment

Page29 of 131
 TECH.7

WORK PLAN/ ACTIVITY SCHEDULE

Items of Work/Activities Monthly Program from date of commencingAssignment(in the form of a Bar Chart)
1 2 3 4 5 6 7 8 9 10 lt T2 13 I4 l5

Pase30 of 131
 TECII.S

WORK PLAN AND TIME SCHEDIJLE FOR KEY PERSOI{NEL (AND SPECIALIST SL'B-CONSULTANT, IF ANT')

Position Number of
Name Months (in the form of a Bar Chart)
Months
I 7 3 4 6 7 8 9 10 ll l2 13 t4 15

Continuous:
Intermittent: ActivitiesDuration

Yoursfaithfullv.

tr Signature
(AuthorizedRepresentative)

Full Name
Designation
Address

Paee31 of131
 TECH-9

CURRENT COMMITMENTS OF THE FIRM

IOF EACH MEMBER IN CASE OF JV AND TIIE SPECIALIST SUB-CONSULTANT,tF ANYI

List must be comprehensive

includingproject from clientsother than NHA aswcll

Name of project Single or JV Expected date of

Task assignment Start date of the project
completion

Page32 of 131
FII{ANCIAL PROPOSAL FORMS

Paee33 of 131
 FIN.l

FrNaNclll- Pnoposar,SunvrrssroNFonvr

{Location, Date}

To: fName and addressof Client]

Dear Sirs:

We, the undersigned, offer to provide the consulting services for llnsert the
Project Name] in accordancewith your Requestfor Proposal dated [Insert Date] and our
TechnicalProposal.

Our attachedFinancial Proposal is for the amount of {Insert amount in words and
figures|, including all Federal, Provincial and Local taxes applicable as per law of the
land. {Pleasenote that all amounts shall be the same as in Financial ProposalForm FIN-
7\.

As indicated and reasoned in Fonn TECH-4 of our Technical Proposal, in

accordancewith Note 2 wtder Form TECH-4 of the RFP, a separate attachment for
incremental cost(s) is included/ not included in our Financial Proposal [if attached, strike
ot,tt "not included" and vice versaJ

Our Financial Proposal shall be binding upon us subject to the modifications

resulting 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 the written cansentof consultant in case of delay in procurementprocess).

We confirm that rve have no condition to state thatmay have financial implications
over and above the amount quoted above.

we understandyou are not bound to acceptany Proposalyou receive.

We remain,

Yourssincerely,

AuthorizedSignature{In full andinitials}:

Name and Title of Signatory:
In the capacity of:
Address:
E-mail:

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

Pase34 of 131
 FIN.2
BREAKDOWN OF RATES FOR CONSULTANCY CONTRACT

Project: Firm:

Name Position Basic Social Overhead Sub- Fee Rate per Field Rate per
Salary Charges (%age of Total (%age Month Attow. Month
per Cal. (%age of r+2) (l+2+3) of 4) for (Yoageof for Field
Month 1) project 1) Work
Office
(1) (2) (3) (4) (s) (6) (?) (8)

Notes:

Item No. 1 Basic salary shall include actual gross salary before deduction of income tax.
Payroll sheet for each proposed personnel shouid be submitted at the time of
negotiations.
Item No. 2 Social charges shall include Client's corrtribution to social security, paid
vacation, averagesick leave anclother standardbenefits paid by the firm to the
employee. Breakdown of proposed percentagecharges should be submitted
and supported{seeForm FIN-3}.
Item No. 3 Overhead shall include general administration cost, rent, clerical staff and
business getting expenses,corporate tax including sales tax on services and
insurances, etc. Breakdor.vn of proposed percentage charges for overhead
shouldbe submittedand supported{seeForm FIN-4}.
Item No. 5 Fee shall include firm's profit and shareof salary of partners and directors {if
not billed individually for the project) or indicated in overhead costs of the
firm.
Item No. 7 Nrrunally payable only in case of field work under hard and arduous
conditions.
Note 1 The minimum percentageof item (1) shouldbe preferably 50%of (8).
Note 2 T'heConsultantis to provide appointment letter and affidavit/undertaking duly
signed by each of the individual Personnel showing salary rates as above.
Ftrrther during execution each invoice will also be provided showing that the
Personnelhave been paid their salaries as per basic rates mentioned therein;
failing to which, NHA will take punitive action against the Consultant and
shall deduct the deficient amount from its monthly invoice. Moreover it will
be consideredas a negative mark on the Consultant's performancethat will be
consideredfor future projects.
Note 3 The Consultant shall provide its audited financial statementsof latest three
fiscal years, during negotiations, w.r.t. second paragraphunder SC 6.2 (b) of
the Model Agreement (APPENDIX-E).

Full Name:
Signature:
Title:

Pase35 of 131
 FIN-3

BREAKDOWN OF SOCIAL CIIARGES

Sr.
Detailed Description As a Toageof Basic Salary
No.

Pase36 of 131
 FIN.4
BREAKDOWN OF OVERHEAD COSTS

Sr. As a Toageof Basic Salary and

Detailed Description
No. Social Charges

-vr r/'

Pape37 of 131
 FIN.5
PageI of3

A - ESTIMATED LOCAL CURRENCYSALARY/ REMUNERATION COSTS

EQUIVALENT IN US DOLLARS

r also to Notes under Form TECH-4

Monthly Billing
Rate (US $)

A. All Foreign Expatriates including Foreign Specialist Sub-consultant (if any)

Sub-Total:

Page38 of 131
 FIN-5
Page2 of 3

B-I ESTIMATED LOCAL CURRENCY SALARY COSTS/REMUNERATION

Refer also to Notes under Form TECH-4

B-r. All Local Key Personneland specialist sub-consultant(if any)

{.

Page39 of 131
 FIN-5
Page3 of3

B-II ESTIMATED LOCAL CURRENCY SALARY COSTS/REMUNERATION

Refbr also to Notes under Form TECH-4

Monthly Billing
Rate @s.)

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

Sub Total:

-w-
' ',.\;..).,.

Pase40 of 131
 FIN.6
DIRECT/ NON-SALARY COSTS FOR DESIGN REVIEW AND SUPERVISION SERVICES

[Rufe, aalso to Notes

CS under Form TECH-4

Sr. Unit Price Total Amount

Nomenclature Unit Qty. Remarks
No. (Pak.Rs.) (Pak. Rs.)
Communication Expensesallocableto the
I P.M 18 Fixed Rate
Assignment
Printing of Reports and Drawings for the
2. P.M 18 -do-
Assignment
Reimbursementof
Travel expensesof required Key Personnelbetween actual expenditures upto
3.
Head Office and Site (as per actual) P.S 200,0001- a maximum limit subject
to approval ofProject
Director for travel(s).
Cost of preparing Construction/ Supplementary As
4. L.S per
Drawings
TOR
5. Others not coveredaboveto comply with TOR /
RFP requirements*
Sub-Total for Direct Cost

1nJ {d]tioryl it€rd cost quoted againstthis line item must be supportedby solid/ tenabl€justification(s) tletailed in Technical proposal
submissionForm A*4 "Commentson ToR" without indicating financial value therein.The negotiationcoornittee of the Client may negotiate
this cost on^thebasiqofjustification govida! in the form A-4 with the prospectivezuccesstuibidder in the light of clause ITC 6.6 of RFp.
Moreover,if no justification is given or Client doesnot agreeto the justifications, the Client in both the casessf,all not include this cost ill the
total costoffgredby the Consultantsfor this assignirent,partiaulaxlyin caseany amountagainstthis line itern is deernedto havebeencoveredin
otherDavitems.

Pase4l of 131
 FIN.7

SUMMARY OF COST OF'CONSULTANTFOR DESIGN REVIEW AND SUPERYISIONSERVICES

Reler also to Notes under Form TECH-4

Sr.
Description Amount (Pak. Rs.) Amount (US $)
No.

I SalaryCost - Not Applicable -

2. Direct Cost - Not Applicable -

3. Sub Total: - Not Aptrrlicable

-
SalesTax @ 16% on item
3 abovewhich shall be
4. kept as Provisional Sum Not Applicable -
in the Contract
Agreement
5. Contingencies - Not Applicable -

Grand Total: Not Applicable -

Note: 1- The dues and salaries of staff are payable by the Consultant in time and not
later than 10thof the following month positively. In case of failure to do so
Client shall intervene and pay these dues and salaries of the concerned
Personnel and recover tiom the invoice of the Consultant at actual charges
paid plus Io/o of the amount. This will also be accounted for adversely in
making assessmentof the Consultant in the next evaluation process for
selectionof consultantswith report of such defaults.

n The grancltotal 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 ratesand not be mentioned separately.

3- Any Omission or arithmetical error made by the Consultants in entering the

anrount against item 4 above shall also be rectified during evaluation of the
FinancialProposal.

4- consultant's Head office Support will be mandatory during Supervision; the

firm shall be bound to provide design input required on the Site or advice on
contractual matters; the cost for the same is built in the financial proposal.
Responsibility for the team in field will be backed by the Consultant's Head
office; the Head office will assumefull responsibility for the team in field.

5- Any key position that remains vacant for more than one month that was
required to be filled for that period, a compensationequivalent to the charge
rate of that individual will be imposed. For clarification, the invoice will not
include the chargerate of the missing individual and additionally, the charge
rate of one month for that individual will be deducted from the invoice. This

Pas.e42 of 131
will be replicated for all missing key personnel. For rhe 2"d month, the
compensation payment will be doubled. For the 3'o month, an additional
warning will be issued. If the issue persists in the fourth month, the firm can
be penalized by invoking conditions of contract and even to the extent of
considerationfor blacklistins.

Page43 of 131
 APPENDIX. A

TERMS OF REFERENCE
(Including Description of Services)

Pase44 of 131
Major Contents

- Background

- Project Objectives

- Scopeof Servicesand ExpectedDeliverables

- Team composition and Qualification Requirementof Key Personneland

SpecialistSub-consultant.

Pase45 of 131
A. BACKGROUND

1. The Rawalpindi - Kahuta road section has been taken up for dualization on the
Directives of the Prime Minister Pakistan.The Rawalpindi - Kahuta road is presently a two
lane road which starts from G.T road (N-5) interchange near Sowan and passesthrough
Kahuta city traversing further towards Azad Jammu & Kashmir (Rawalakot, Palandri and
Kotli). The Rawalpindi - Kahuta road is the shortest route for the traffic coming from
Rawalakot, Kotli to Islamabad/ Rawalpindi and vice versa. The Punjab Highway Department
(Communication & Works) administratively controls and maintains the Rawalpindi - Kahuta
road. The existing Rawalpindi - Kahuta road traversesthrough various populated towns i.e.
Humak, Sihala, Miana Thub, Are Syedan, Nathot and Kahuta city. In Sihala, the rnajor
constrainton the subject road section is a railway crossing, where traffic remains choked and
jammed for hours and local population faces immense difficulty. Besidesthat" this route also
bears heavy traffic due to oil cargo vehicles from G.T road (N-5) Humak road junction to
Sihala. There is another impediment near Kahuta, where steep slope and poor geometry is
encountered, which is problematic for heavy loaded vehicles. To dec,reasesubstantial
transportation cost particularly for heavy traffrc, transport agricultural products well in time
at their destination, provide relief to troubled population of Sihala and others in the vicinity
due to railway crossing and poor road condition, dualization of this road is utmost necessity.

2. The National Highway Authority (NHA) will be the Executing Agency and the
Project Implementation Unit eIU) under (NI{A) wiltr be the Implementation Agency which
will be establishedwith the General Manager !;GM': (Employer's representative)as the head.
NHA requires the services of Design Review and Construction Superuision Consultants to
carry out design review, construction supcn'ision & contract administration, implementation
and monitoring of Environmental Managernent Plans where required. In undertaking the
design review of the project, the Consultantsis to take into account the procurement of the
project's civil Works which will be proceeding in parallel with this Consultants' selection
process,with the objective that the Consultants' and the civil Works contract(s)can be signed
at the same time. Accorclingly, the Consultants' review of the designs must reflect the
possible contractual imp:icts arising from recommending substantial changesto the designs,
for contractsthat would have already been procured. Where in the Consultants' opinion such
changesare essential, its recommendationsto the Client must reflect the possible risks in
terms of cotttrac,tualclaims, delays, or other impacts. Detail of scope of work is given in
upcomingarlicles.

3. BRIEF DESCRIPTIONOf ROAD PROJECT

The scope of project is the dualization, rehabilitation and improvement of existing

Rawalpindi - Kahuta road. The project road starts just before Kaak-Pul Interchange on
Islamabad Expressway and terminates on Azad Pattan road near Tehsil court including
Bypasses.Length of the Project road is 28.4Km including Bypassesat Sihala,Are Syedan
and Kahuta. Existing road width varies between (6m-8m). The existing road will be
converted to four lane configuration with the provision of two lanes each side by

Page46 of 131
improvement in existing geometry (where required) as per NHA Standards.The Project also
includes improvement in geometry of 01 no existing interchange (loops and ramps requiring
improvement),i.e. Kaak-Pul Interchangeon IslamabadExpressway.

4. The consultancy serviceswould be required for a period of Thirfv Two (32) months
including twelve (12) months Defects Notification Period and two (02) months for finalizing
bills of the Contractor(s).Total input of 119.50Persons-Months of Key Personneland 910
Person-Months of Non-Key Personnelwould be required for the Assignment.

5. The Consultants will perform the duties of The Engineer specified in the FIDIC
conditions of contract (for Works) and The Engineer may be replaced by the Client as per
FIDIC conditions of contract. The Consultants will be required to nominate a Resiclent
Engineer and Assistant Resident Engineer(s) for the contract(s) that will be a fuli-time
resident in the areasor located in the proximity of project areas. In addition to the primary
role, the Consultants will assist the Employer in the efficient administration and
implementation of the sub-projects, support and strengthenit in its tasks, rnonitor progress,
financial management,social and environmental safeguardsand genclermainstreaming in the
project. The Consultantswill report to the General Manager (GM) appointed by NHA. The
Consultantswill work under the overall guidance,coordination and directions of the GM.

B. OBJECTIVE

6. The overallobjectivesof theseTermsof Referenceareto:

(r) Ensure that the detailed cngineering design is reviewed, and updated if
required, in accordance with the specified parameters / standards and best
intemational practic,esprior to implementation of Works contracts;

(ii) Ensure that high quality construction is achieved in time within budget and
that all work is carried out in full compliance with the approved engineering
designs, technical specifications, agreedwork schedule, and within the terms
and conditions of all other contract documents and sound engineering
practices;

(iii) Demonstrate the efficacy of contract administration and by

inclependentextemal agencies;

(iv) Monitor and evaluatethe implementation of environmental managementplan,

resettlement plan and other social safeguard measures to be taken by the
Contractor and Employer; and

(v) Promote technology transfer and the introduction of modem Contract

Administration practiceswithin NHA.

Page47 of 131
C. SCOPE OF CONSULTANCY SERVICES
.7
General Duties and Responsibilities of the Consultants.

(i) The Consultants will carry out a critical review of the detailed engineering
design prior to the commencement of Works to identify anomalies or
omissions that constitute inconsistency in the design and completenessof
Works. This design review should be completed in one and a half (1.50)
months' time and the design review repofi will be submitted within thirty (30)
days. The design report should clearly indicate if any section of the road
requires adjustment in the horizontal and vertical alignment, changes to tlie
structures.On completion of the review, the Consultantswill prepare a report,
setting out all findings and recommendationsfor correcting any clefeotsor
omissionsidentified. Notwithstanding these,the Consultants rviil immediately
inform the Employer of any defect or omission that ma3'have a substantial
impact on the Project at the time the defect or omission is uncovered.

(ii) Civil Works will be carried out basedon the FIDIC' Corrditions of Contract for
Construction. The Consultants will administer the Work's contract(s), make
engineering decisions, be responsible for cluality assurance,provide general
guidance and furnish timely responses ttr the Contractor(s) in all matters
relating to the Works, and ensure that all clauses of the contract agreement
betweenthe Works Contractor(s) and PIU are adheredto and respected.

(iiD The Consultants will advise PIU on all matters relating to the efficient and
successful executiorr of the Works contract(s), and will act at all times to
protect the interestsof the project and will take all reasonablestepsto keep the
construction costs to a minimum, consistent with sound economic and
engineering practices; and will prepare a "Contract Administration and
ConstmctieinSupervision Manual" outlining routines and standard operating
procedures to be applied in contract administration and construction
supen'isiorr,basedon sound internationally recognized practice.

8. Design Review:

The C'onsultantswill review and validate on ground, the detailed Engineering Design
including the Design Reports, Design Calculation and Design Drawings. The
Consultants is required to complete the design review / vetting. finalize and issue
Construction Drawinss to the Contractor(s). Any shortcoming / deficiency in the
Detailed Design is required to be identified which shall be incorporated in the
Construction Drawings by the supervisory Consultantsafter due consultation with the
original design consultantunder intimation to the Client.

Page48 of 131
The design consultant shall provide all the Design Documents/ Drawings/
Deliverables alongwith supporting calculations to the Design Review Consultants.
The Design Review Consultants shall review the Design Items / Deliverables as
mentioned in Terms Of Reference for Detailed Design as well as within this
document and shall repoft his review submission in the form of "Initial Design
Review Report" directly to the design consultant with a copy to the Client.
Subsequently,the Design Review Consultantswill have a meeting with the design
consultant to discuss the review comments. In the end, the Design Review
Consultantsshall prepare a "Final Design Review Report" in which it shall mention
the comments which ate incorporated along with comments which are not
incorporated with justification of the design consultant. Both the consultanfs (i.e.
Design and Design Review consultants) shall share equal design responsibility.

The scope of services of the Design Review Consultant shall inclucle buf. not limited
to the following tasks:

Design Review Consultants will review and ensure that the design meets all
the standardsand parametersspecified in the TOR of Detailed Design, NHA
Specifications & Best International practices.
ll. Design Review Consultants will perfomr on ground validation of survey by
random checking ofalready establishedtraverse and control points by design
consultant. If any ambiguity is obsen'ed, it will be corrected in consultation
with design consultant and proper intimation shall be made to Client.
Provision of Survey Monuments / Bench Marks shall also be verified.
iii. The Geometric design thorizontal and vertical alignment) prepared by the
design consultant should conform to AASHTO standards (A policy on
geometric design of highways and streets,latest edition) and as per the TOR of
Detailed Design. Design Review Consultantswill review the geometric design
as per prescribedstandards.
lv. The tr;rffic count, traffic projections and computation of ESALS's based on
damaging factors will be validated / reviewed by Design Review Consultants
and Pavement design calculations shall be confirmed. The Design Review
Consultants shall review and ensurethat pavement is most efficient and cost
effective; design has been carried on the basis oftraffic studies conductedby
the design consultant, characteristicsof the proposed pavement materials, the
calculatedloading (ESALs) and proposeddesignlife.
The Consultants shall review the Soil and Material Investigation undertaken
by thg design consultant with proper ground validation along the alignment
and suggest additional testing, if required. The Design Review Consultants
shall submit its findings in the Design Review Report. Quarry sites / borrow
pits suggestedby design consultant will also be validated by Design Review
Consultants.

Page49 of L31
 vi' Design Review Consultants will carry out review of structure design i.e.
bridges / flyovers, culverts, underpassesand other structures as per standard
codesof AASHTO (LRFD). The Design Review Consultantsshall review
and
ensure that the design parameters, calculations, locations and layout
of
hydraulic and other structures are on the basis of hydrology report, geo-
technical investigations, soil analysis, drainage pattern and Site conditions;
ensuringthat safe and cost-effectiveDesign is adopted.
vii' Design Review Consultantswill review and ensurethat the design of road
side
drainage and cross-drainagestructureshave been carried out as per the
Site
requirementsand flow patterns/ calculationof surfacerunoff.
viii' Design Review Consultantswill review and ensurethat the design. layout
and
requirement of retaining walls, breast walls, other retaining stnrctures
and
slope stability/ slide control measures ate as per the geo-technical
requirementsand Site conditions.
ix' Design Review Consultants will review and ensure that the requirements
for
U-turns, underpasses,overhead bridges, exit/ entry, service lanes. etc.
have
been adequatelyaddressedin the Desien.
X. Design Review consultants will review hy'drology report as prepared
by the
original design consultant based on rainfall data utd flood record including
surface runoff and drainage charaoteristicsof the area. The discharge
against
individual drainagestructures rvill be checked. Stability of road embankment
againsterosion will also be checkecland to check that proper protection
works
have been provided as per Site need basis both for structure as
well as
embankment protection. The Design Review consultants will review
and
ensure that a cost-effective embankmentheight has been adopted throughout
the alignment based o* required capacity of soil, depth of water
table and
drainagepattern of the surrounding area.
xl. Design RevierTl vetting Consultantswill revied vet on fast track the complete
tender docttmentscomprising all the volumes i.e. Bidding Documents, General
Specifications,Particularspecifications,Specialprovisions,TenderDrawings,
Engineer Estimate etc. issued to contractor(s) at tender stage. Any
data
pertaining to Design shall be taken from design consultant
with proper
in{imation to the Client.
xl1. Design Review consultants shail carryout the Highway safety Audit
as per
intemational standardsafter a detailed Site visit. Consultants will ensure
that
all safety measures are taken without any compromise in the design
and
recommend improvement/ missing safety measures, if any. verify
that all
necessarytraffic signs, pavement markings and pavement studs have
been
provided in the Design as per the requirements. check that
whether the
proposed work zone safety requirements are in accordance
with the best
intemational practices.

Pagesoorl3r
ffi
o\
 xiii' Based on the findings of EIA, Design Review Consultantswill ensure
that the
bidding documents include specific provisions to minimize disruptions/
damage to the environment and local settlementsduring construction.
Design
Review Consultants will revied vet Environment Management plan
to
addressimplementation and monitoring of parameterslisted in the EIA Report
during construction and operation.
X1V. In addition to those mentioned above, the other items / deliverables
mentioned
in the Detailed Design ToR shall also be reviewed/ vetted.

Deliverables
The list of documentsto be submittedby the Consultantsfor Design
Revierv Stageare
hereunder:

S. No. Description Quantity

I Initial DesignReviewReport 05 HardCopies+ 0l SottCopy
2. Final Design Review Report 05 HardCopies-r 01 SoftCopy

9. contract Administration & construction supervision:

The scope of construction supervision and confract administration

services of the
consultants shall include but will not be limitecl to rhe following tasks:

1) prepare the Pre-construction rneeting agenda, and conduct

the pre_
constructionmeeting, record and distribute the minutes;
2) appointvarious mettlbers of the Engineer's construction supervision
team as
the Engineer's Assistants (Resident Engineer/ Assistant Resident Engineers,
Material Engineers, Inspectors, etc.) and notify the contractor
and the
Employer, and npprove the Contractor,sRepresentative;
3) verify whether the Performance Security complies with the form provided
in
the Cleintract,whether it is in the correct amount and currencies,and
notifv the
Employer accordingly;
4) advise the Employer whether to acceptthe performance security;
5) if the Contractor.doesnot submit the PerformanceSecurity on time,
notify and
advise the Employer of the appropriatecontractualremedies;
6) request the Contractor to increasethe amount of the Performance
Security if
the Contract Price increases and monitor the validity of the performance
security until the issueof the performancecertificate;
7) verify whether the bank guarantee for advance paSrmentis in the
form
specified under the Contract and in the amount and currencies stated
in the
Particular Conditions of the Contract;

Page51 of131
8) verify whether the bank guarantee for advance payment conforms to the
contract requirements and that the guaranteeis valid until the entire advance
payment is recoveredfrom the Contractor's certificates;

e) interpret the specific provisions of the contract related to the Employer's

obligation to give possessionof the Site, and the contractor's work Program,
assessthe contractual consequencesof any specific land acquisition issue and
advise the Employer on the appropriatemitigation measures;
10) obtain the Parties' confirmation that all conditions in relevant clause of the
Conditions of Contractpertaining to possessionof Site are fulfilled;
11) issue instruction to the Contractorto commencethe Works;
12) verify whether the form and substanceof the evidence of the Contractor's
insurancesis satisfactory,whether insurancepremiums have been paid and the
required insurancesare effective on the datesrequired by the Contract;
13) verify that the terms of the Contractor's insurancepolicies tully comply with
the requirementsof the contract;
t4) monitor whether the Contractor maintains adeqnateinsurancein the course of
performance of the contract, particularly if the Contractor provides insurances
for a fixed period which is shorterthan the pedod required under the contract;
1s) advise the Employer on the appropriateaction and contractualremediesin case
that the Contractor does not perform its insurance obligations in accordance
with contract;
16) without relieving the Contractors of their obligations under the contract,
review and approve the tratfic management and safety plan, and ensure
compliance such that the Works are carried out at all times in a safe and secure
manner and damageor injury to personsor property is avoided;
17) obtain the bench marks and other information from the NHA Desisn Section
as required fbr commencementof construction activities;
18) ensure that the Contractorshave all necessary data for setting out and check
the contractors' setting out including staking the right-of-way limits,
centerline, and grade and confirm permanent monuments in the construction
afea;
1e) ensure that all land and all rights-of-way required for the Project and all
Project facilities are made available to the Works Contractor in accordance
with the schedule agreed under the related Works contract and all land
acquisition and resettlementactivities are implemented in compliance with (a)
all applicable laws and regulations in Pakistan relating to land acquisition and
involuntary resettlement;(b) the Involuntary ResettlementSafeguards;and (c)
all measuresand requirements set forth in the LARP, and any corrective or
preventativeactionsplan set forth in a SafeguardsMonitoring Report;

Page52 of 131
20) caffy out the following duties related to environmental management with
particular reference to the technical requirements of sound environmental
standards on the basis of the Environmental Assessment and Review
Framework (EARF), the Initial Environmental Examinations (IEEs), and the
Environmental Management Plans during construction: (i) review and endorse
site specific Environmental Management Plans (EMPs) for the projects
sections, prepared by the Contractors; (ii) ensure that all the environmental
mitigation measures required to be implemented are incorporated into the
contract documents;(iii) ensurethat the Contractorscomply with the measures
and requirementsrelevant to the Contractors set forth in each IEE and EivIP,
and any corrective or preventative actions set out in Environment Monitoring
Reports; (iv) conduct environmentalmonitoring and ensurethat the day-to-day
construction activities are carried out in an environmentally sttund and
sustainable manner; (v) prepare and submit semi-annual environmental
monitoring repofts on the implementation of the 'Envirournental management
Plan (EMP) to PIU within 14 days after acompletion of the monitoring period;
2l) with respectto the prevention of HIV/AIDs and Human Traffrcking, monitor
that the Contractors comply and carry out required actions as provided in the
respective contract documents, such as awarenessand education of laborers
and workers;
22) ensurethat the Contractors do not involve child labor for the execution of the
Works contractsin accordancewith the provisions of the contract agreement;
23) without relieving the Contractors of their obligations under the contract, check
and approve the Contractors' Working Drawings, Method Statements and
TemporaryWorks proposals;
24) review the Contractor's Work Program and notify the Contractor if the
program doesnot comply with the contract;
25) monitor the proEess againstthe Work Program and the cash flow estimateand
requestrevisions,if required;
26) report in the Consultants' Monthly Report the work progress against the
Contractor's Work Program and the cashflow estimate;
?7j verify whether the progress charts in the Contractor's Monthly Progress
Report reflect the actual progress and correspondto the latest revision of the
Work Program and the cash flow estimate, and instruct the Contractor to
correct the report, if required;
28) if required, determine the Contractor's entitlements to time extensions on the
basisof the Contractor's Work Program;
29) determine the Employer's entitlement to Delay Damages on the basis of the
Work Program and advise the Employer of the relevant contractualremediesif
the Contractor'sprogressis behind schedule;

Pase53 of 131
30) verify the Contractor's Monthly ProgressReports and notify the Contractor of
any incorrect or inconsistentinformation;
31) conduct regular weekly site meetings and monthly progress review meetings,
record and distribute the minutes;
32) perform quantity take-offs from drawings to verify Boe quantities;

33) issue regular notices to the Contractors of intended field measurements,

measure the Works, compute the quantities for payment, and determine the
amounts due to the Contractorwithin the period specified in the contract;
34) caffy out any subsequent design changes, and expeditiously issue
supplementary drawings, site instructions, variation orders and day u'ork
orders to avoid delay to the works and to ensurethat the works are executedin
accordancewith contract;
35) establish and maintain throughout the Works contracts a structured system of
measurementrecords, supporting documents and calculirtions for the payment
of all BOQ items, that is transparentfor auditing pu{poses;
36) provide all necessary assistanceto the Employer and external auditors for
conducting regular quarterly audits of the measuf,ementrecords, supporting
documentsand calculationsfor the payment o{'all BOe items;
37) verify the sources of indices or prices fbr price adjustment, determine a
provisional value of an index/referenc.eprice until it is published, but, if the
index is not published in certain period(s), apply the last available published
value;
38) establish with the flontractor a standardformat for the Contractor's Statement
and the Interim PaymentCertificates;
39) issue the interim certificates to PIU for paynent to the Contractors in
accordancewith the Conditions of Contract, having regard to any contractual
provisions tbl advance payment, variation of price, and exchange rate
fluctnation etc. Certify the completion of the Activities/Works or parts thereof
and prooessfinal paymentsto the Contractors;
40) prepare and maintain the Estimates of Cost of Works to Completion
confinuously, update the Estimates after each Variation instruction or a
Variation Order issue and after each IPC, and presentthe latest Estimate in the
Consultants' Monthly ProgressReports;
4l) initiate and process variations promptly, when it is necessary for the
construction of the Works;
42) requestthe Contractor'stechnicaland cost proposal,as required,consult both
parties in all mattersin connectionto variation work;
43) value variations, obtain the Employer's approval of any variation, issue
variations under the contract, keep record of all variations issued under the
Pase54 of 131
 contract and report the summary of the variations in the Consultants' Monthly
ProgressReports;
44) dischargefully the Engineer's obligations with respectto approval of materials
and workmanship, approval and auditing of the contractor's euality
Assurance System and the QA Personnel and the compliance testing by the
Engineer;
4s) inspect quarries and borrow pits, and crushing plants, and order tests of
materials and ensure adherenceto specifications, and approve the sources of
materials;
46) without relieving the Contractors of their obligations under the contract,
monitor the Contractors' laboratory testing, evaluate the Portland cement
concrete and bituminous mixture designs prepared by the Contractors, and
recommend improvements (if any) to ensure the desired perfonnance, and
accord approval thereof;
47) carry out independent testing in the field andlor in the laboratory of the
"Engineer/ProjectManager" , and approve or disapproveand certify the works
that conform with the specifications and maintain pennanent records of results
of all the testsmade;
48) give notice to contractors of any defbcts and deficiencies, and issue
instructions for the removal and substifution of the improper works, where
provided under the contract. If required, order suspension of the work(s)
andlor recommendto PIU other recourseavailableunder the contract;
4e) when the Works are contpletetl in accordancewith the contract, issue a Taking
Over Certificate to tire Contractor(s);
s0) undertakean inspection of the Works at the completion of the respective road
sections,and certify the Contractor(s)' final accounts;
s1) obtain the Enrployer's specific approval before taking any action for
deterntinationof extension of time, additional costs and the Contractor's
claims for additional time or costs, for all events for which the Employer's
expressapproval is required under the Conditions of Contract;
52) assessobjectivelythe Contractor'sclaims and give professionaland objective
advise to the Employer, consult both parties before determining an extension
of time;
s3) determine Contractor's claims on the basis of the Contractor's work Program,
the impact of the delay(s) event on the Critical Path and the particulars
submitted by the Contractor, and not to act as the Contractor's advisor in this
matter;
s4) prepare standard Daily Diary forms and ensure that all supervision staff
maintain daily diaries of Contractor'sand its own activities;

Page55 of 131
55) assessminimum construction equipment, plant and machinery requirements,
by type and specification, and monitor, keep and regularly update a list of the
Contractors' equipment, plant and machinery in order to keep a check on the
Contractors'mobilization. Inspect and evaluatethe Contractor's establishments
including in particular the laboratory facilities to ensure compliance with the
terms and conditions of the contract;
56) maintain an Events Log starting at beginning of contract;

51) assist the parties establish Dispute Board, if required under the Conditions of
Contract, provide all necessary information to DB members and attempt to
facilitate amicable settlement of the dispute between the Employer arrd the
Contractor;
58) establish and maintain an effective documents management systenr in the
Engineer'soffice, which providesfor separatefiling of incouring and outgoing
correspondenceand documents,as well as the filing by subject matter;
59) carry out detailed inspections of the Works during fhe Defects Notification
Period and prepare detailed inspection and recommenclationreports for the
Employer after eachinspection;
60) ensure that the Contractor(s) provide a sat'e workplace for their workforce,
supervisorypersonnel and for members of the public requiring accessthrough
the sites in full conformity with Health and safety regulations;
61) ensurethat the Contractor(s) comply t'ully with contractual obligations relating
to care of the environment (both specified and legislated) and provi<le all
reports and obtain all permits and permissions required in relation to spoil
areas,borrow areiis(luaffies and the like;
62) keep and maintaindailyrecords of labor, equipment and.weatherconditions on
the Site along r.vithrecords of activity, progressand other eventshappening on
the Site and l-ravingrelevanceto the Works;
63) ensure the receipt of and maintain as perrnanent records of all warranties
required under terms and conditions of the contract for materials includins
tlreir sourceand equipment acceptedand incorporatedin the project;
64) advise PIU on need for effective liaison with local authorities, police,
laudowners, utility owners, complainants, the public and other organizations
affected by the Works in order to minimize or avoid unnecessarydelays or
disputes;
65) maintain consolidatedproject accountsand assistNHA for settlementof Audit
Para'sand objectionsraised,preparerepliesrelatedto project, and provide the
entire relevant documentslpapers/lettersetc. to support the replies-until 1 year
after completion of Works. The cost to be incurred may be built in the rates;
66) develop training programs for NHA staff and develop on the job training on

Page56 of131
 innovative constructionmethods,project managementand value engineering;
67) prepare revised PC-l for the project including economic analysis and
Environmental Impact Assessment(EIA) on Performa of PC-l prescribed by
PlanningCommission;
68) provide any other specialist servicesrequestedby PIU under conditions to be
mutually agreed;
6e) ensure that the construction methods as proposed by the Contractor for
carrying out the Works are satisfactory,inspection of Contractor's construction
equipment; and safety of the works, property, personnel, and general public;
the scheduleof mitigation measuresfor adverseenvironmental impacts; aud
70) For any laps in quality, quantity, or financial inegularity related to the
performanceof the Services,the consultants will indemnify the client.

D. Staffing

10. 119.50 Persons-Monthsof Key Personnel and 910 Person-Monthsof Non-Key

Personnelfor design review and construction supervision Cotsultants are required to
review the designs and assist in construction supervision/ contract administration,
financial management, safeguard compliance and implementation of the above
mentionedproject. The ConsultancySen'ices would be required for a period of 32
(18+02+12) months including 12 months defects notification period, and two (02)
months for finalizing bills of Contractor(s). There will be two "site supervision
teams", for the two contract packages.The staffs for each package are expected to
mobilize on the date of actuat crrlnmencernent of Works by the Contractor(s).
Construction Supervision Team Leader of the Consultantsis expectedto be full time
during construction and be mobilized to the Project Site at least thirty (30) days in
advance of the commencementof the Works in order to assist PIU with activities
leading up to mobilization of the Contractor(s). Procurement of Consulting Services
will be based on Quality and Cost-BasedSelection (QCBS) method following PEC
Guidelines on the Use of Consultantsand as per Procurement of Consulting Service
Regulations2010 as notified by PPRA. The tentativeteam compositionis asbelow:

11, Key arrd Non-Key Personnel

Sr. Monthly
Experts Total
No. Months Total Rate
No (Rs.)
(Rs.)
I. Design Review Stage
A. Key Personnel
Highway Design Engineer/ Team
I 1 1.50 1.50
Leader
2. Structure/BridgeEngineer I 0.75 0.75
a GeotechnicalEnsineer I 0.50 0.50
Pase57 of 131
Sr. Monthly
Experts Total
No. Months Total Rate
No (RsJ
(Rs.)
4. Road Safety Engineer I 0.50 0.50
5. Drainage Engineer I 0.75 0.7s
6. Traffic/ PavementEnsineer I 0.75 0.7s
7. Environmental Soecialist 1 0.7s 0.75
Sub-Total: 5.50
IL Construction Supervision Stage
B. Key Personnel
I ResidentEngineer/TeamLeader I 1+18+2 2l
2. Assistant Resident Engineer/
HighwavEngineers-I&II
2 18 36
a
Structure/BridgeEngineers- I & II 2 t2 24
4. Road Safety Engineer I t2 12
5. Soil/ Material Ensineer I 1B 18
6. Contract Engineer I a
J

Sub-Total: 8 tt4
C. Non-Key Personnel
I Proiect Coordinator I IB 18
2, Quantity Surveyor I l8+2 20
a
J.
Chief Surveyor I t8 t8
4. AssistantQuantitySurve3.ors-I
& lI 2 t2 24
5. Site lnspectors (Highways) A
l8 72
6. SiteInspectors(Structures) 4 t8 72
7. Material Inspectors A
T 1B 72
B. Surveyors 4 18 72
9. Lab Tcchniciaus A
18 72
t0. Lab./ Survey Helpers 8 1B 144
1l CaclOperator I 18 18
12. ,A.ccountant 1
t l8+2 20
1a
ComputerOperators 2 t8 36
1.t. Office Assistants 2 l8 36
15. Office Boys/ Watchmen 6+2* t8 t44
16. Trainee Engineers 4* t8 72
Sub-Total: 51 910
GrandTotalA*B+C: 66 1.029.50
* With the approval of Member (Planning).

Pase58 of 131
 Total Person-Months of Key Personnel for Design Review s.50
Total Person-Months of Key Personnel for Construction
Supervision t14
Total Key Personnel (Person Months) 119.50
Total Non-Key Personnel (Person Months) 910
Total Personnel @erson Months) 1029.s0

t2. Client's Staff

NHA will designateits own staff andlor fresh Graduatesfrom the engineering/other
universities to work with the Consultants for the pu{poses of on job training fbr
transfer of skills. The Consultantsshall employ four (04) GraduateTrainee Engineersi
Management Trainees on the project throughout the duration of the consultancy
Agreement. The carry home salary of each Trainee Engineer/ Management "frainee
per month to be paid by the Consultants shall not be less than Rs.40,000/- after
deducting all type of applicable taxes and Consultant's Overheads.

In addition to above, the Client may also designateits own staff to work with the
Consultantsfor the purposeof on the job training (at no ctrst to fhe C'onsultants).

13. Special Extension for SelectedPersonnel

Following staff of the Consultants shall be allowed to continue performing Services

for a period of two (02) months after cornpletion of Works to finalize the accounts
and other outstandingissues of Contract. This period of two (02) person-months for
each of the Personnelshall be spreadover the calendarmonths required to finalize the
said activities.

S. No. Description of Personnel Nos. Months Man-months

I ResidentEngineer/Team
Leacler
01 02 02

2. Quantity Surveyor 01 02 02
a
J. Acctruntant 01 02 02

14. Qualification and Experience of Key Personal

l. Title: The Engineer

Experience:

He/she should have at least 25 years of experience of national/international civil

works projects including at least 15 years in a senior role of national/ intemational
highway projects. He/she must be registered as Professional Engineer of Pakistan
Engineering Council (PEC) and Member of recognized Professional Society. He/ she
should be fully familiar with FIDIC Conditions of Contract, Pakistan Engineering
Page59 of 131
 Council Standard Bidding Documents, and Public Procurement Rules etc. He/ she
must be able to communicatefluently in English language.

Qualification:

Minimum Bachelor's degree in civil engineering preferably Masters in Civil

Engineering with specializationin the field of Highway Engineering.

Responsibilities:

As per FIDIC contracts.

Note: The cost of remuneration etc. of The Engineer is presume<lto lle covered
within Overhead cost of the Consultants; However, the Client reservesthe right to
replace The Engineer, as per its contract with the Contractor for Works. for which the
Employer (Client) shall bear the remuneration etc.

Design Review Team

2. Title: Highway Design Engineer / Team Leader

Experience:

Minimum 15 years' preferably 18 years of relevant experiencein design of national highway

projects of which 5 years minimu.m and 7 years desirable as Highway Design Engineer in
roads and bridge design projects. Must have worked as Team Leader during last seven (07)
yearson at leasttwo (02) sinrilarprojects.

Qualification:

Minimum bachelor's degree in civil engineering preferably Masters in Civil Engineering /

Highway Engineering / TransportationEngineering or equivalent.

Responsibilities:

Helshe will lead the design review team as coordinator to complete the task in professional
manner. The Geometric Design Engineer will verify the detailed design and provide
comments.Verify and recommend/providedesign plans for road geometry and furniture and
road safety appliances. Generally, role of a geometric road design engineer is to decide the
placement of the road with respectto surrounding physical environs and give a shape to its
configuration with due care for mobility, accessmanagement,traffic control and best possible

Pase60 of 131
road safety mechanism embedded in design process. More specifically Geometric
Design
Engineer/TeamLeader (Design) is required but not limited to the following:

t Agree upon the category of road to be developed to make sure relevant design
standardsare applied and relevant guidelines are followed during the design process.
It could be any category ranging from motorway to rural accessroads or mountainous
roads in rural settings and urban freeways, primary roads, secondary roads, laterals
and accessroads in caseof an urban situation;
o To decideand fix the route alignmentas per project requirements;
o Firm up connectivity requirementsand linkages;
o Liaise with survey entity to get the topographic details of the route aligrrment with
appropriatedetails;
o Assesstravel demand for the project road alignment;
o Work out road's right of way requirement and spacing for rzariousroad components
including formation widths, carriageways, lanes, shoulders, medians/hoizontal
barriers, road side facilities like spacing for NMT, drainage channels,green verges,
laybys and other road side facilities etc. Decide upon relevant design standardsfor
cross falls, camber and super elevations;

Design both horizontal and vertical protile aliggrmontsas per given speed and other
geometric design criteria to bring upon mo-ct direct, cost effective
and safe route
alignment;

Locate and firm up position of roacl crossings and crossings for water channels and
cross drainage. Lead the relevarf engineering specialists for structure desigr and
positioning of utilities and other crossings;

Provide design plans for various road segmentsincluding links (sectionsbetween road
crossings) and road c'rossings. In case of motorways/ expressways only grade
separatedcrossings and interchangesare involved whereas in case of lower order
roads multiple choices are available requiring option analysis for selection of relevant
form ofroad crossings;

Both horizontal design plans and vertical alignments are required

to run
simultaneously;

I-ead the pavementdesign engineerduring production of design plans;

Design engineers are encouraged to apply any relevant software available for
generationof designplans;

Provide design plans for road furniture and road safety appliances including traffic
control devices,signageand road marking;

In caseof signalized crossingsprovide separatedesign plans for installation of signal

configuration and relevant plans for signal and other relevantlTS operations;

Page61 of131
 Generatetypical and standardizeddesign details of various elementsas appropriate;

Producethe design folder in hard and soft formats;

Be responsiblefor and respondto third party road safety audit recommendations;and

Keep liaison with the Client for design review matters.

3. Title: Structure/ Bridge Engineer

Experience:

Minimum fifteen (15) years, preferably twenty (20) years of relevant professional expcrience
of which 8 years minimum and 11 years desirable, as Structure/ Bridge Engineer on major
road and bridge projects. He/she shall demonstratea working knowledge irr: (i) the design
and construction of bridges and other structures for road projects: (ii) various structural
designsand documentationsincluding the design of all required earthweirks,retaining walls,
drainage and any other required structures;and (iii) supervising the u,ork of field teams in
monitoring progress, assessing quality, and certifying construction in accord"ancewith
contract conditions.

Qualification:

Minimum bachelor's degree in Civil engineering preferably Masters in Structural

Engineering/Bridge Engineering or equivalent.

Responsibilities:

Structure/ Bridge Engineer will perform duties under the guidance of the Team Leader for
both design review. He/she will review the design of all structuresand assistthe team during
construction supervision of the project's bridges and structuresand assist in ensuringthat the
project is implemented in accordancewith the required specifications and approveddrawings.
He/she will set up supervision systems,and train the Consultants' supporting staff in their
use. He/she will be responsible for designing especially on cost effective, mvlti-hazard,
resistantdesign,design all the componentsof bridge structure and structural elementsof road
cotnponettt, including detailed structural drawings and specifications and ensure that the
project is implemented in accordancewith the required specification and approveddrawings.
He rnay be asked to assist the Resident Engineer (RE) in the performance of his tasks. The
main responsibilitiesof the position will include but not limited to the following:

Inspect the site and collect the condition data for the design review and necessary
changesif any;

Assist in preparationof technical details such as specificationsand

Pase62 of 131
 Provide details about existing structures,damagesand assessment(if applicable;;

Review the structural design of the Bridge and certify its acceptability;

Assist in preparing and issuing reports as defined subsequently;

Assist in inspecting the Works at appropriate intervals during the defects liability
period and issuing the defects liability certificate;

Assist in processingthe Contractor'spossibleclaims;

Providing the Employer with complete records and reports, and recommend the
Contractors' as -built drawings for the Works; and

Assist in the compilation of a Project completion report data, providing details of

Project implementation, problems encountered,and solutions adopted, and detailing
and explaining any variation in Project costs and implementation schedulesfrom the
original estimate.

4. Title: GeotechnicalEngineer

Experience:

Minimum eighteen(18) years relevant professional experienceof which 10 years minimum

and 15 years desirable,as GeotechnicalEngineer in riesign/ design review of roads/structures
of National Highway projects with proven credentials in Bridge Designing or related
to
foundation investigation and design of rnajor structuresand embankments.

Qualification:

Minimum bachelor's degree in Civil / Geological Engineering with Master,s degree in

GeotechnicalEngineeri*g or Foundation Engineering or equivalent.

Responsibilities:

Geotechnical Engineer will review the design and any modification and change in design,
construction method, and alternate technology of construction and provide oversight during
the consultancy design review service. He/she will be responsible for carrying
out
geotechnical investigations and subsurface explorations for road and structures,
stipulate
material testing proceduresand specifications,identify sorlrcesof materials, quaffy sites and
borrow areas.He/she is also responsible for all design related assignmentsrelated to Soil /
Geotechnicalengineeringof the project.

Page63 of 131
5. Title: Road Safety Engineer

Experience:

Minimum 72 yearsrelevant professional experienceof which 6 years minimum, and 9 years

desirable, as Road Safety Engineer with proven credential as safety auditor on major
Highway projects.

Qualification:

Minimum bachelor's degreein Civil Engineering and preferably Master's in Transportartion/

Traffic Engineering with additional certification of Safety Auditor.

Responsibilities:

The Road Safety Engineer will Audit the design of road during Desigrr Rerriew from safety
aspectto improve the design if required. He/she will review and aplxove the safety plans of
the Contractor(s) and he will approve the plan for safety of the \,Yorksand the safety of the
traffic diversions and ensure compliance with the regulations. Road Safety Engineer will
identify hazardous location(s) and conditions, conduct a highway safety study, collect and
analyze preliminary data, identify and collect field dat;r, select and conduct appropriate
detailed studies,evaluatestudy results, determine safety and operationaldeficiencies, identify
potential safety and operational improvement and tcr select appropriate improvements. The
Road safety Auditor will set up the road safety supervision systems,train the associatedstaff
and ensure that the system is in place. Fleishe shall ensureminimum disruption/ damage to
the environment by reviewing the Contractors' work statement/ methodology, including
monitoring the impact of construction works on the environment and local settlements and
providing information to NHA on the monthly progressreports.

6. Title: Drainage Engineer

Experience:

Minimum 15 years of relevantprofessionalexperienceof which 10 yearsminimum, and 13

years desilable as Drainage Engineer on roads and bridges design projects of National
Highu'ays/ Expressways/Motorways.

Qualification:

Minimum bachelor's degree in Civil engineering with Masters in Hydrology/ Hydraulics

Engineering or equivalent.

Pase64 of 131
Responsibilities:

Responsibilitiesof the Drainage Engineerwill include, but is not limited to the following:

He/she will perform his duties under the guidance of the Team Leader.

Work in the survey and design team and will be responsible for collecting and
assessingthe hydrological data, finalizing the design discharges for the required
drainages,cross drainages,sub surfacedrainages.

Provide assistanceto the design team in designing the appropriate and cost effective
design of drainagestructures.

He/she shall collect relevant field data and estimate the design dischargesfbr various
drainagesstructure for the designpurpose.

7. Title: Traffic/ Pavement Engineer

Experience:

Minimum l5 years, preferably 18 years of relevant professional experienceof which 6 years

minimum, and 9 years desirable, as Trafficl PavemerrtEngineer on major road construction
projects with a focus on pavement engineering and materials testing. Relevant experience
should include: (i) supervising the contractor's compliance with material specifications and
testing; (ii) providing input to the design team to source suitable materials; (iii) engineering
design of flexible Asphaltic Concrete(r\C) pavements,(iv) coordinating and supervising the
work of field teams in supervising and certifying construction in accordancewith contract
conditions including acceptance standards of materials, approval of source supply,
establishingQA&QC procedures,setting up laboratories,mix designsand testing procedures.

Qualification:

Minimum Bachelor's degreein Civil Engineering- preferably Masters in Civil Engineering /

Highway Engineering / TransportationEngineering/ T r affic Engineering or equivalent

Responsibilities:

He/shewill be responsiblefor designing especiallythe pavement design, designsfor road

featuresand road safety/traffic control features,traffic plans and amenitiesincluding detailed
drawings and specifications.He/she is also responsible for carrying out Traffic Analysis and
PavementDesign of the road. He/shewill also validate the traffic survey. He/she should have
experience in carrying out cost effective structural pavement design, traffic loading
charactenzation,can assessthe pavement performance under different loading conditions.
Have practical experienceof traffic monitoring; preparation of Traffic plans, Traffic Impact
Pase65 of 131
 Analysis, intersection and interchange operation analysis; should have experience in
economic analysisof various pavementoptions.

Involved in supervision of asphaltpavementconstruction of different projects.

Can review and advice The Engineer for any modification needed for the detailed
road pavement design.

Can propose cost effective and innovative solutions to the problems in pavement
constructionand maintenance.

Can carry out visual pavement inspections.

Can ensure compliance with standardsand specifications for pavernent clesign and
construction.

1. Title: Environmental Specialist

Experience:

Minimum 15 years of relevant professional experienceof u,hich 10 years minimum, and 13

years desirable as Environmental Specialist supervising and monitoring environmental
managementplans on National Highway road projects and having familiarity with the major
donor agenciessafeguardpolicies. Specific experiencein a similar position on road projects
in accordance with Government of Pakistan and ADB/ World Bank's Environmental
Guidelines is preferable.

Qualification:

Bachelor's degree in Envirorunental Engineering - preferably Masters in Environmental

Sciencesor equivalent.

Responsibilities:

Responsibletbr preparing environmental screeningchecklist and classifying sub projects that

have not been yet classified, preparing and obtaining IEEs and Environmental management
plans IEMP), ensuring prior clearance, monitoring, course correction, consultations,
due
diligenceand disclosures.

Responsibilitiesof the Environmental Specialist include but not limited to the followins:

o Assist Team Leader in reviewing the site specific environmental management plan
(ssEMP) for each sub-projectand ensureits effective implementation;

Page66 of 131
 Prepareand executerequired appropriateactions to mitigate any negative environmental
impacts associated with construction activities in collaboration with PIU and all
concernedstakeholders;

Ensure that any environmental impact assessments,if required, fully comply with
Guidelines and SafeguardsPolicy of International Agencies and ensure that all required
mitigation measuresare identified and acceptable.

Besides assisting in finalizing the biannual environmental monitoring report, assist the
PIU in frnalization of environmental part of quarterly progress report, annual progress
report and any specific report askedby the pIU.

Construction Supervision Team

8. Title: Resident Engineer / Team Leader

Experience:

Minimum 15 years'preferably 18 years'relevant pl'ot'essionalexperienceof which 8 years

minimum and 10 years desirable experienceas Resident Engineer on construction projects of
National Highways/ Expressways/Motorways. The candidate should have worked as Team
Leader on three (03) similar projects.

Qualification:

Minimum bachelor's degree in Civit engineeringpreferably Masters in Civil Engineering /

Highway Engineering/ TransportationEngineering/ Construction Managementor equivalent.

Responsibilities:

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

Responsibilitiesof the RE / Team Leaderwill include, but is not limited to the followins:

o Ensurethe Project implementation;

o Assume full responsibility for the consultingteam and performance ofservices under
the ConsultancyContract;
o Ensure that the consulting team undertakescomprehensivereview of the designs and
specificationswhich were preparedby the design consultant;

Pase67 of 131
Ensure that the consulting team undertakes comprehensive construction supervision
and contract administration of the Works;

Oversee the Consultants activities ensuring compliance to details provided in the

construction drawings and strict adherenceto construction specifications;

Overseeand supervise construction of Works in accordancewith details provided in

the construction drawings ensuringstrict adherenceto construction specifications;

Ensure preparation of detailed and quantitative progress reports to support the

Contractor'srequestsfor progresspayments;

Keep the Employer informed of technical issues and progress of all Works troth by
informal and formal meetings and correspondenceand assist in any prdect issue
which the Employer may require;

Ensureimplementation of environment and social safeguardsrequirements;

Assist the Employer in preparing responsesto audit objections and queries of the
financiers or other GovernmentAuthorities;

coordinate with all concernedEmployer's organizationson project issues;

At the end of the construction activities, guide anci ensrre that the team prepares a
comprehensiveConstruction Completion Report inclusive of "as-built drawings" as
appropriate;

The Resident Engineer will be responsiblefbr quality, cost, scope, time, safety, and
environmentalcontrol of the subprojects;

Review and assist in the approval of Contractor's work program, method statements,
material sources, preparing and issuing reports as defined subsequently,approving
and/or issuing working drawings, approving the setting out of the Works, and
instructing the Contractor;

Certifying wctr:k volurne and recommending interim certificates for progress

payments, nlaintaining consolidated project accounts, and preparation of financial
statements,ensuring minimum disruption/damageto the environment by approval of
Contractors' work statement/methodology;

iV{onitoring the impact of construction Works on the environment and local

settlementsand providing information to the Consultants and NHA on the monthly
progressreports;

Preparingand issuing reports as defined subsequently;

Approving andlor issuing working drawings, approving the setting out of the Works,
and instructing the Contractor;

Taking measurefilentsand keep measurementrecords;

Maintaining records, correspondence,and diaries;

Pase68 of 131
 Certifying work volume and recommending interim certificates for progress
payments;

Maintaining consolidatedproject accounts,and preparing of financial statements;

Certifying completion of part or all of the Works;

Inspecting the Works at appropriate intervals during the defects notification period
and issuing the defectsnotification certificate;

Processingthe Contractor's possible claims;

Ensuring minimum disruption/damageto the environment by approval of Contractors'

work statement/methodology, including monitoring the impact of construction Works
on the environment and local settlementsand providing information to NHA on the
monthly progressreports;

Providing the Employer with complete records and reports" and approving the
Contractors' as - built drawings for the Works; and

Compile a Project completion report providing details of Proiect implementation,

problems encountered, and solutions adopted, and detailing and explaining any
variation in Project costs and implementation schedulesfrom the original estimates.

9. Title: Assistant Resident Engineer (llighways)

Experience:

Minimum 10 years'preferably 15 years'relevant professionalexperienceof supervisionof

construction projects of National Highways/ Expressways/ Motorways of which 7 years
minimum, and 10 yearsdesirable,as;\ssistantResidentEngineer(Highways).

Qualification:

Minimum bachelor's degree in Civil engineering preferably Masters in Civil engineering/

Highways engineeringi Structural engineering/ Transportation engineering/ Construction
Managementor equivalent.

Responsibilities:

ARE rvill be responsiblefor constructionsupervision of the road and ensuringthat the subject
project is implemented in accordancewith the required specification and approveddrawings.
He will be responsiblefor construction supervision and review and approval of Contractor's
bills. ARE will assist the Resident Engineer (RE) in the performance of his tasks. The main
responsibilitiesof the position will include but not limited to the following:

. Inspect the Site and collect the condition data for the design review and necessary
changesifany;
Pase69 of 131
. Assist the RE in preparationof technical details such as specifications and estimates;

o Provide details about existing pavement,damagesand assessment,if required;

o Assist the RE and recommend approval of Contractor's work program, method

statements,material sources,etc.;

o Assist the RE in preparing and issuing reports as defined subsequently;

o Review and recommend approval and/or issuing working drawings, approval of the
setting out of the Works, and instruction to the Contractor;

o Taking measurementsand keep measurementrecords;

o Maintaining records, correspondence,and diaries;

o Certifytng work volume and recommending interim certificates fbr progress

payments;

o Assist in maintaining consolidated project accounts, ancl preparing of financial

statements;

o Provide feedback to the RE on the certification of'completion of part or all of the

Works;

o Processingthe Contractor'spossibleclairns;

o Ensuring minimum disruption/damageto the environment by approval of Contractors'

work statement/methodology, including monitoring the impact of construction works
on the environment and local settlementsand providing information to NHA on the
monthly progressreports;

o Providing the Employer with complete records and reports, and recommend the
Contractors' as - built drawings for the Works; and

o Assist in the cnmpilation of a Project completion report data, providing details of

Project implementation, problems encountered,and solutions adopted, and detailing
and explaining any variation in Project costs and implementation schedulesfrom the
original estimates.

10. Title: Structure / Bridge Engineer

Experience:

Minimum 10 years' preferably 15 years' relevant professional experience of supervision of

construction projects of National Highways/ Expressways/ Motorways of which 7 years
minimum, and 10 yearsdesirable,as Structure/ Bridge Engineer.

Page70 of 131
Qualification:

Minimum bachelor's degreein Civil engineeringpreferably Masters Bridge/ Structural

Engineering or equivalent.

Responsibilities:

He/she will be responsiblefor construction supervision of bridges and structural components

of the road and ensuring that the subject project is implemented in accordance with the
required specification and approveddrawings.

He/she will be responsible for construction supervision and review arrd approval of
Contractor'sbills. He/shewill assistthe ResidentEngineer (RE) in the per:fonnanceof his
tasks. He/she will be responsible for designing especially on cost effective, multi-hazard
resistant design, design the structural elements of roads component and bridges, including
detailed structural drawings and specifications.The main responsibilities rrf the position will
include but not limited to the followins:

Inspect the site and collect the condition data for the design review and necessary
changesifany;
Assist in preparationof technical details such as specificationsand estimates;
Provide details about existing structures,darnagesand assessment;
Assist and recommend approval of Contractor's work program, method statements,
material sources,etc.;
Assist in preparing and issuing reports as defined subsequently;
Review and recommend approval and/or issuing working drawings, approval of the
setting out of the Works. and instruction to the Contractor;
Assist in taking measurementsand keep measurementrecords;
Assist in maintaining records, correspondence,and diaries;
Assist in certif,zing work volume and recommending interim certificates for progress
pa-unents:
Provitle feedbackon the certification of completion of part or all of the Works;
Providing the Employer with complete records and repofis, and recommend the
Contractors' as-built drawings for the Works; and
Assist in the compilation of a Project completion report data, providing details of
Project implementation, problems encountered,and solutions adopted, and detailing
and explaining any variation in Project costs and implementation schedulesfrom the
original estimate.

Page7l of 131
11. Title: Road Safety Engineer

Experience:

Minimum 12 yearisrelevant professional experienceof which 6 years minimum, and 9 years

desirable, as Road Safety Engineer with proven credential as safety auditor on major
Highway projects.

Qualification:

Minimum bachelor's degree in Civil Engineering preferably Master's in Transportation i

TrafficlHighway Engineering with additional certification of Safety Auditor or equivalent.

Responsibilities:

The Road Safety Engineer will be providing all necessary assistanceto the construction
supervisionteam with respect to all safety, health and environmental issues.He will assistin
review and approvethe safety plans of the Contractor(s) and he will monitor the safety of the
works and the safety of the traffic diversions and ensurecc'mpliancewith the regulations.

Road Safety Engineer will also identify hazar:douslocation(s) and conditions. conduct a
highway safety study, collect and analyzepreliminary data, identify and collect field data,
select and conduct appropriate detailed studies, svaluate study results, determine safety and
operational deficiencies, identify potenti;il safety and operational improvement and to select
appropriate improvements. He / She will also be responsible for preparing the road safety
report of the design.

12. Title: SoiV l\.Iaterial Engineer

Experience:

Minimum 10 vears'preferably 15 years'relevant experienceas Material Engineer on

construction supervision projects of National Highways/ Expressways/Motorways of which
minimum 5 years experience of asphalt concrete mix design in countries having similar
climate condition andlor truck overloading problems like Pakistan.

Qualification:

Minimum Bachelor'sdegreein Civil engineeringor Mastersin Geology, preferablyMasters

in Soil Engineering/Material Engineering/ GeotechnicalEngineering or equivalent.

Pas.e72 of 131
Responsibilities:

Soil/Material Engineer will perform duties under the guidance of the Team Leader. He/she
will assistthe Team during construction supervision of the Road, Bridges and structures and
assist in ensuring that the subject project is implemented in accordancewith the required
specification and approved drawings. The Soil/Material Engineer will set up quality control
systems,testing procedures,preparation of JMF, train the staff and ensure that the system is
in place.

He/she will assist and will be responsible for quality of materials used in construction by
performing field and laboratory tests and certifying their acceptancebased on recomlnendecl
specificationsfor the material, will also identify the sourcesof material and query sites.

Main responsibilities of the position will include but not limited to the follor.ving;

Stipulate Material Testing Proceduresand Specifications;

Identify sourcesof materials,quamy sites and borrow areas;

Confirm the suitability and availability of material in the bonow pits and quarries for
pavement;

If required, identify and evaluateadditional sourcesofmaterials;

Undertake field and laboratory testing of the materials to determine their suitability
for various componentsof the Work;

Preparemass haul diagram for haulage purposes giving quarry charts indicating the
location of selectedborror,vareas,quarries and the respectiveestimatedquantities;

Make suitable recommendationsregarding making good the borrow and quarry areas
after the exploitation of materials for construction of Works;

Be responsible for Material Testing and specification and certification of material

quality;

Preparation and testing of concrete mixes of different design mix grades using
suitable materials (binders, aggregates,sand filler etc.) as identified during Material
Investigiltion to conform to specification applicable in Pakistan; and

Preparationof JMF.

13. Title: Contract Engineer

Experience:

12 years' relevant professionalexperienceof which 6 years minimum, and 9 years desirable,

as Contract Specialist on major road projects based on FIDIC form / conditions of contract.

Page73 of 131
Proven credentials in contract administration, evaluating Contractor's claims and dispute
resolution, preferable experience/trackrecord of an arbitrator, mediator, adjudicator andlor
dispute resolution adviser.

Qualification:

Bachelor's degree with a major in Civil Engineering, Law, Contracts, Procurement,or

Construction Management preferably M.Sc. in Civil Engineering, Law, Contracts,
Procurementor equivalent

Responsibilities:

Responsible for assistance in contract administration of Works contracts, taking fimely

contractual actions related to cost, time and qualrty controls and closure of the contracts,and
in caseof disputeits referral to the adjudication and arbitration as the casemay he.

He/she will be responsible for assisting the Team Leader in all the activities pertaining to
contract management, early warning of key contractual actions" schedule and document
contract managementmeetings and evaluatinglresolving Contractor's claims and contractual
disputes.

Responsibilitiesof the Contract Engineer will include, but is not limited to the following:

Assist Team Leader in coordinating contract managementand planning activities for

the work packageswith Engineering,Project Controls and Construction;

Assist to organize meetings for negotiating and resolving technical and contractual
issues;

Assist Team Leader in the timely distribution of reports and pertinent contractual
information to and tiom contractors in accordancewith agreedschedule;

Assist in schednleturnover meetingswith Site Personnel,where required;

Assist to check timesheetsfor contract conformance(rates,backup and extensions);

Assist in review Contractors'invoices and prepareProgressPayment Cerlificates with

Cost Control;

Assist in review Contractors'costs,forecastsand requestsfor claims;

Assist in review and issue for approval and post SubstantialPerformancedocuments;

Participate in contract cost review meetings and regular Project progressand assist
with preparationof monthly contractsand Project progressreports;

Assist in procurement and contracts administration and assistanceactions such as

contracts,solicitations, modifications, delivery schedules,plans and coordination with
relevantdepartments;
Page74 of 131
 Assist in preparationof procurementand contract documents;

Assists in the review of procedural aspects of contract actions. Participates in

contractsadministration sufficient to ensurecontract terms and conditions are met and
that the Contractor delivers the required services in a timely manner to achieve the
objectives of the project;

Assists in the termination of contracts for the convenience of the Project by a

Contractor. The incumbent is responsible for the preparation of all documentation
necessaryto support and defend termination decisions;

Recommends actions when the Contractors are not in compliance with contract
provisions;

Coordinate with Contractors to determine and recommend altemative courses of

action, such as extensionof delivery schedule;

Conducts contract reviews to evaluate Contractor's perfornlance, and monitors

Contractors' activity to assurecompliance;

Monitors such matters as pa5rments,claims, and contractual changes to insure

requirementsof the contract are met;

Reviews completed contract file to ensureroutine adrninistrativematters are resolved

or completed; and

Support to Team Leader in drafting, for submittal to Employer, any requests for
consentto extensionof time I vaiation orders.

E. Reporting & Documents Requirements

15. Reporting Requirements:The Consultantswill prepare and submit to PIU five copies
of each of the under mentioned reports. The format of these repofts shall be mutually agreed
with the PIU:

(i) Itrception Report: The consultants will submit an Inception Report within
one Month after mobilization. This will contain full detail of the Consultants'
supervision, & contract administration methodology and staff plan with
supporting CVs of professionalstaff and projected monthly billing.

(ii) Design Review Report: The consultants will submit a detailed Design
Review Report, under the guidance of ream Leader within two months,
indicating any deficiencies / improvements required in the detailed design
preparedby the Design consultant.The design review Consultantswill ensure
that the Construction Drawings caffy all details necessaryfor executing the

Pase75 of 131
 job and shall not result in claims of non BOQ / additional associated
costs.

(iii) Monthly contract Administration Reports: The consultants will prepare a

narrative progressreport, not later than the 1Othof each month, summarizing:

a. Construction progress during the month and cumulative to date for each
individual contract drawing specific attention to any major causesof delay
(administrative, technical or financial) with details of remedial action
taken or recommendedto the Employer.
b . A comparison of actual and forecast expenditure both during the rnonth
and cumulative to date for each individual contract, and a record of the
status of payment of the contractors' monthly invoices, of all clairns for
cost or time extensions, and of actions required of PIU to permit
unconstrainedworks implementation. The Consultants r.vill also advise on
the final estimated cost for each individual contract and draw attention to
any major changes in the project budget including details of remedial
action taken or recofitmendedto the Employer.
Brief on all correspondenceexchangedwith the contractors particularly
relating to contractual clauses,with tinancial and time implications.
d. Technical appreciation of arry design r.lrquality control problems for each
individual contract incluiling details of remedial action taken or
recommendedto the Employer.
e. status of compliance with the Environmental & ResettlementPlans.

(iv) Annual Management Information Report at the end of each Financial

Year: The Consultants will prepare a comprehensivereport summarizing all
activities under the Services at the end of each Financial Year, and also at
other tirnes when considered warranted by either the Consultants or PIU
becauseof delay of the construction Works or becauseof the occurrence of
technical or contractual difficulties. Such reports shall summaize not only
activities of the Project Engineer/ Manager but also the progress of the
Clontractorsincluding all contract variations and change orders, the status of
the Contractorsclaims, and brief descriptions of the technical and contractual
problems being encountered and other relevant information for each of the
ongoing contracts.

(v) Interim contract completion Reports: The consultants will prepare

completion report for each contract within 30 days of issuanceof Taking-over
CertifrcatelCertification of Completion. This report shall summarize the
implementation and financial history of the project. The defects list provided
to the Contractor and all outstandingclaims pending resolution.

Page76of131
 (vi) Final Project completion Report: The consultants will prepare a
comprehensivefinal Completion Report within 90 days after Issuanceof the
Taking Over Certificate of the last Works contract. The Consultants will
prepare a comprehensive final Completion Report for the project including
each of the contracts and shall summarizethe method of construction,as built
record showing the location and details of all Works carried out, all defects
and certification of the satisfactory correction of such defects for each of the
construction contracts, the construction supervision performed, and
recommendations for future projects of similar nature to be undertaken by
NHA. A safeguards implementation completion (final) report will also be
included as appendix to the final project completion report.

(vii) Project Documentary Report: The Consultants has to make documentary

of all major activities during constructions as well as that of completed
project sections to be submitted towards the end of tlre project. These
should also pertain;

a) Laying and compaction of various pavementla,vers;

b) Operation of Asphalt and concretePlants:
c) Quarry sites and laboratory activities;
d) Road after completion showing road fulriture;
e) Various important stagesin constructionof structures;
D Any other major activity involved requiring specific mention.

(viii) Roughness Survey Reporf: The roughness surveys will be carried out at
substantialcompletion in coordination with NHA, before the end of the defect
liability period. The Consultant is required to submit his findings along with
datainthis report.

(ix) Revised PC-l: The Consultantsshall prepare the revised PC-l of the project,
before completion of the project (if required) by incorporating all changesin
the scope of work and, prepare completion repoft (PC-ry), at the completion
of the project. To ensure compliance an amount of two per cent (02olo)of
construction supervisioncost will be withheld from interim (.monthllr)invoices
antl releasedalong with the final pavment of the Consultants.on completion of
this job.

16. Documents & Manuals Required: The Consultants will prepare following
documents to be approved by the Employer for efficient contract administration &
constructionsupervision.

a. Contract Admini stration Manual

b. Quality Control & AssuranceManual

Page77 of 131
 c. LaboratoryManual
d. Environmental
MonitoringChecklist
e. Safeguard
MonitoringChecklist

F.
t7. Employer's Input and Counterpart Personnel:

(i) Services, facilities and property to be made available to the Consultants by the
Employer: Design Reports, Drawings and related data for the sub-projectswill be
sharedwith the Consultants.

(ii) Professionaland support counterpartpersonnel to be assignedby the Emplilyer to

the Consultants' team: The Employer shall establish a functional Project
Implementation Unit for support and liaison with the Consultants.

G.
18. Employer will provide the following inputs, project data and reports to facilitate
preparation of the Proposals: N/A
H.
19. Miscellaneous

(i) Employer's Staff:

The Employer has planned a Project Implementation Unit (Pru) to implement
the Project. The PIU has been establishedunder a General Manager, assisted
by Project Director and larrtl acquisition Staff and will be located in the field.

(ii) Facilities:
Facilities for the Consultants: The Construction Contractor shall provide,
operate and maintain the following facilities for the exclusive use of the
Consultants:

a. Laborattrryand Testing Equipment;

b . Site,Office and ResidentialAccommodation (adequatelyfumished);
c . Site Transport;
d . Survey Equipment.

(iii) The Consultantsare encouragedto famlliaize with Construction Work before

submitting their proposals. Draft sample documents regarding EMp,
Resettlement,and Environment as per the instruction of the Client.

Page78 of 131
 APPBNDIX B

PERSON-MONTHS [To estimate Consultant's inputs and costs for the Assignment,
AND ACTIVITY person-month and activity schedules are to be provided as per
SCIIEDULE enclosed format (Forms TECH-7 and TECH-8). These two
schedulesshould correlate.I

Page79 of 131
 APPENDIX C

CLIENT'S
REQUIREMENTS [1 Selecting a Consulting Firm is one of the most important
FROM THE decisions a Client makes. The specific criteria for consideration
CONSULTANTS are technical competence, managerial ability, professional
integrity and fairness of fee structure. The Client will seek
information on all these aspectsby:

a. Obtaining comprehensive written information from the

consultants in the form of proposals (against the RFPs)
which should be complete in all respectsby provicling all
details as correctly known as possible. It has been
experienced tl:a:t some consultants try to hide their
deficiencies viz-a-viz the requirementsof TOR by making
unclear and vague statements. It will be policy of
evaluators that vague statements and lack of clarity in
proposals on specific issuesmay be made the reason to
downgradethe ratine.
b. Talking to the senior personnelof the consultants.
c. Consulting other clients of the consultants.
d. Viewing the projects the consultants have accomplished
and visiting/ interviewing the usersof the projects.
Visiting the office premises of the consultants and
examining systems and method of working as well as,
personnel, hardware and software abilities available
there{u. Seeking information or visits to the sites for
backup support and holding meetings with client's
representatives.
2 . The approach and methodology proposed including work
plan, activity and man-month schedule should be
meaningful and fully coordinated to judge the
understanding of the proposed Assignment by the
competing consultants.

Note: For ltems 1 (b) to 1 (e), inspections can be held any time
prior to or after award of the Assignment to the Consultant.
If the situation is not found compatible with what is
presented during procurement of Consultant or as per
Contract, the Consultant will be liable for a suitable
punitive action.l

Pase80 of 131
 APPENDIX D

PERSONNEL,EQUIPMENT, As per TOR

FACILITIES AND OTHER
SERVICESTO BE
PROVIDED BY THE CLIENT

)V
 APPENDIX-E

COPY OF MODEL AGREEMENT

(To be finalized during Negotiations)

{K
 Contract for Engineering ConsultancyServices
(Time Based)

Between

(NAME OF CLTENT)

And

(NAME OF THE CONSULTANTS)

For

(BRTEFSCOPEOF SERVTCES)

OF AME OF PROJECT)

Month and Year

Pase83 of 131
 TABLE OF CONTENTS
PageNo.

1. FORM OF CONTRACT

il. GENERAL CONDITIONS OF CONTRACT

1. GENERAL PROVISIONS

1.1 Definitions
1,2 Law Governing the Contract
1.3 Language
1,4 Notices
1.5 Location
1.6 Authorized Representatives
1.7 Taxes
1.8 Leader of Joint Venture
1.9 Relation betweenthe Parties
1.10 Headings
) COMMENCEMENT, COMPLETION, MODIFICATION,
AND TERMINATION OF CONTRACT

2.1 Effectiveness of Contract

2,2 Termination of Contract for Failure to Become Effective
^a
z.J Commencementof Services
2.4 Expiration of Contract
2.5 Modification
2.6 Extension of Time for Completion
2.7 Force Majeure
2 . 7 , 1 Definition
2.7.2 No Breach of Contract
2 . 7 . 3 Extensionof Time
2.7.4 Payments
2.8 Suspensionof Paymentsby the Client
2.9 Termination
2 . 9 . 1 By the Client
2.9.2 By the Consultants
2 . 9 . 3 Cessationof Services
2 . 9 . 4 Payrnentupon Termination
2 . 9 . 5 Disputes about Events of Termination

3. OBLIGATIONS OF THE CONSULTANTS

3.1 General
3.1.1 Standard of Perf<lrmance
3.1.2 Larv Governing Services
3.2 ConsultantsNot to Benefit from Commissions.Discounts.etc.
J.J Confidentiality
3.4 Liability of the Consultants
3.5 Other Insurancesto be taken out by the Consultants
3.6 Consultants'Actions Requiring Client's Prior Approval
a4
J.t Reporting Obligations
3.8 DocumentsPreparedby the consultants to be the Property of the client
3.9 Equipment and Materials Furnishedby the Client
3.10 Accounting, Inspectionand Auditing
:
4. CONSULTANTS' PERSONNEL AND SUBCONSULTANTS +--
4.1 General
4.2 Description of Personnel

Pase84 of 131
4.3 Approval of Personnel
4.4 Working Hours, Leave,Overtime, etc.
4.5 Removal and/orReplacementof Personnel
4.6 ResidentProject Manager
f,. OBLIGATIONS OF TIIE CLIENT
5.1 Assistance,Coordination and Approvals
5.1.1 Assistance
5.1.2 Co-ordination
5.1.3 Approvals
5.2 Accessto Land
5.3 Chansein the Apolicable Law
5.4 Servidesand Faiilities
5.5 Payments
5.6 CounterpartPersonnel
6. PAYMENTS TO THE CONSULTANTS
6.1 Cost Estimates,Ceiling Amount
6.2 Remunerationand ReimbursableDirect Costs Non-salary Costs)
6.3 Currencv of Pavment
6.4 Mode of eiUmg and Payment
6.5 Delaved Pavmdnts
6.6 Addiiional Services
6.7 Consultants'Entitlement to SuspendServices
7. FAIRNESS AND GOOD FAITH
7.1 Good Faith
7.2 Operation of the Contract
8. SETTLEMENT OF DISPUTES
8.r Amicable Settlement
8.2 Dispute Settlement
9. INTEGRITY PACT
10. THE RIGHTS AND DUTIES OF THE CONSULTANTS
10.1 Oblisations
10,2 Indir"ectpa\,rnents
-
10.3 Rovaltiei
10.4 Provisionof' Erpcrt TechnicalAdvice
10.s Penaltv
III. SPECIAL CONDITIONS OF CONTRACT
fDetailsto be finalizedby the users]
IV. APPENDICES
Appendix A- Description of the Services
Appendix B- ReportinsRequirements
Airilendix C- Key Persbnneland Sub-consultants
4ppendix D- Breakdownof ContractPricesin ForeignCurrency
Appendix E- Breakdownof ContractPricesin Local-Currency
Appendix F- Servicesand Facilitiesto be Providedby the Cli-ent
and CounterpartPersonnelto be Made Available to the
Consultantsbv the Client.
Appendix G- Integrity Pacf
V. ALTERNATE TITLE PAGE IN CASE OF JV
ALTERNATE FORM OF CONTRACT IN CASE OF JV
d---

Page85 of 131
 FORM OF CONTRACT

[Notes: I. Use this Form of Contract when the Consultantsperform Services as Sole
Consultqnts.

2. In casethe Consultantsperform Servicesas a Member of thejoint venture, use

the Form included at the end.

3. All notesshould be deleted in thefinal text.J

This CONTRACT (hereinafter called the "Contract") is made on the day of (month)
ol_(year), between, on the one hand,

(hereinafter called the "Client" which expression shall include the successors, legal
representatives and permitted assigns) and, on the other hand,

(hereinafter called the "Consultants" which expression shall inclurle the successors,legal
representativesand permitted assigns).

WHEREAS

(a) the Client has requested the Consultants to provide certain consulting services as
defined in the General Conditions of Contract attachedto this Contract (hereinafter
calledthe "Services");and

(b) the Consultants, having represented to the Client that they have the required
professional skills, and persc'nneland technical resources,have agreedto provide the
Serviceson the terms and conditions set forth in this Contract;

NOW THEREFORE the Partieshereby agreeas follows:

1. The following documents attachedhereto shall be deemedto fonn an integral part of

this Ccntract:

(a) the GeneralConditions of Contract;

(b) the Special Conditions of Contract;
(c) the following Appendices:

[Note: If any of theseAppendicesare not used, the words ,,Not (Jsed,,should

be inserted below/next to the title of the Appendix and on the sheet attached
hereto carrying the title of that Appendix.J

Appendix A: Description of Services

Appendix B: Reporting Requirements
Appendix C: Key Personneland Sub-consultants
Appendix D: Breakdown of Contract Price in Foreign Currency
Appendix E: Breakdown of Contract Price in Local Currency

Page86 of 131
 Appendix F: Services & Facilities to be Provided by the Client and
CounterpartPersonnelto be Made Available to the Consultants
by the Client.
Appendix G: Integrity Pact (for Servicesabove Rs. 10 million)

2. The mutual rights and obligations of the Client and the Consultants shall be as set
forth in the Contract, in particular:

(a) the_Consultantsshall carry out the Servicesin accordancewith the provisions

of the Contract; and

(b) the Client shall make payments to the Consultants in accordancewith the
provisions of the Contract.

IN WITNESS WHEREOF, the Parties hereto have causedthis Contract tei be signed in their
respectivenamesin two identical counterparts,each of which shall be dee.medas the original,
as of the day, month and year first abovewritten.

For and on behalfof

Witness (cLiENT)

Signatures Signatures

Name Name

Title Title

(Seal)

For and on behalfof

Witness (coNSULTANTS)

Signatures Signatures

Name Name

Title Title

(Seal)

M-
Page87 of 131
 II. GENERAL CONDITIONS OF CONTRACT

1. GENERAL PROVISIONS

1.1 Definitions

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

(a) "Applicable Law" means the laws and any other instrumentshaving the furce
of law in the Islamic Republicof Pakistan,as thosemay be issuedand ir, fbrce
from time to time;

(b) "Contract" means the Contract signed by the Parties, to u.fiiclr these General
Conditions of Contract (GC) are attached, together -"vith all the documents
listed in Clause1 of suchsisnedContract:

(c) "Contract Price" means the price to be for the performance of the
Services,in accordancewith Clause6;

(d) "Effective Date" means the date on u'hich this Contract comes into force and
effect pursuantto Sub-Clause2.1;

(e) "GC" meanstheseGeneralConditions of Contract;

(f) "Government" meansthe Government of the Islamic Republic of pakistan;

(e) "Foreign currency" means curency other than the currency of Islamic
Republic of Pakistan;

(h) "Local Clurrency"meansthe currency of the Islamic Republic of pakistan;

(i) "Member" in casethe Consultantsconsist of a joint venture of more than one

entity, means any of the entities, and "Members" means all of theseentities;

ri) "Party" means the Client or the Consultants,as the casemay be. and "parties"
meansboth of them;

(k) "Personnel" means personshired by the Consultantsor by any Sub-consultant

as employees and assigned to the performance of the Services or any part
thereof;

(l) "SC" meansthe Specialconditions of contract by which the GC are amended

or supplemented;

(m) "Services" meansthe work to be performed by the Consultantspursuantto this

Contract, as describedin Appendix A;

Page88 of 131
 (n) "Sub-consultant" means any entity to which the Consultants subcontract any
part of the servicesin accordancewith the provisionsof sub-clause 3.6;

(o) "Third Party" means any person or entity other than the Client, the Consultants
or a Sub-consultant;and

(p) "Project" means the work specified in sc for which engineering consultancy
servicesare desired.

1.2 Law Governing the Contract

This Contract, its meaning and interpretation, and the relation between flie Parties
shall be governedby the Applicable Law.

1.3 Language

This Contract has been executedin the English languageu'hich shall be the binding
and controlling language for all matters relating to the meaning or interpretation of
t
this Contract. All the reports and communicationsshall be in the English language.

1.4 Notices

Any notice, request,or consentmade pursuant to this Contract shall be in writing and
shall be deemed to have been made when delivered in person to an Authorised
Representativeof the Party to whoin the communication is addressed,or when sent by
registered mail, telex, or t'acsimile to such Party at the address of the Authorised
Representativespecifieduntier Sub-ClauseSC 1.6. A Party may changeits address
for notice hereunderby giving the other Party notice of such change.

1.5 Location

The Servicesshall 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 mutually
agreedlly the Parties.

1.6 Au th orised Representatives

Any action required or permitted to be taken, and any document required or permitted
to be executed,under this Contract by the Client or the Consultantsshall be taken or
executedby the Authorised Representativesspecified in the SC.

r.7 Taxes

Unless specified in the SC, the Consultants,Sub-consultants,and their Personnelshall

pay such taxes, fees, and other impositions as may be levied under the Applicable
Law.

Pase89 of 131
1.8 Leader of Joint Venture

In case the Consultants consist of a joint venture of more than one entity, the
Consultants shall be jointly and severally bound to the Client for fulfillment of the
terms of the Contract and designatethe Member named in SC, to act as leader of the
Joint venture, for the pu{poseof receiving instructions from the client.

1.9 Relation between the Parties

Nothing contained herein shall be construed as establishing a relation of master anil

servant or of principal and agent as between the Client and the Consultants. The
Consultants, subject to this Contract, have complete charge of Personnel ancl Sub-
consultants, if any, performing the Services and shall be fully responsible {br the
Servicesperformed by them or on their behalf hereunder.

1.10 Headings

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

2. COMMENCEMENT, COMPLETION, NIODIFICATION,

AND TERMINATION OF CONTRACT

2.1 Effectivenessof Contract

This Contract shall come into fcrce and effect on the date (the "Effective Date") of the
Client's notice to the Consultantsinstructing the Consultantsto begin carrying out the
Services. This notice shail confirm that the effectivenessconditions, if any, listed in
the SC have been met.

1) Termination of Contract for Failure to Become Effective

If this Contract has not become effective within such time period after the date of the
Contract signeti by the Parties as shall be specified in the SC, either Party may, by
not less than twenty eight (28) days written notice to the other Party, declare this
Contract to be null and void, and in the event of such a declaration by either Party,
neitlter Party shall have any claim against the other Party except for the work (if any)
alrrady done or costs already incurred by aParty at the requestof the other Party.

)2 Commencement of Services

The Consultants shall begin carrying out the Services at the end of such time period
after the Effective Date as shall be specified in the SC.

Page90 of 131
2.4 Expiration of Contract

Unless terminated earlier pursuantto Sub-Clause2.9, this Contract shall expire when,
pursuant to the provisions hereof, the Serviceshave been completed and the paSzments
of remunerations including the direct costs if any, have been made. The Services
shall be completed within a period as is specified in the SC, or such extendedtime as
may be allowed under Sub-Clause2.6.

The term "Completionof Services"is as specifiedin the SC.

2.5 Modification

Modification of the terms and conditions of this Contract, includin g any rntidilication
of the scope of the Servicesor of the Contract Price, may only be rnade in writing,
which shall be mutually agreedand signed by both the parties.

2.6 Extension of Time for Completion

Ifthe scopeor durationofthe Servicesis increased:

(a) the Consultants shall inform the Client of the circumstancesand probable
effects;

(b) the increaseshall be regardedas Additional Services;and

(c) the Client shall extendthe tirne for Completion of the Servicesaccordingly.

2.7 Force Majeure

2.7.1 Definition

(a) For the purposesof this contract, "Force Majeure" means an event which is
beyond the reasonable control of a Party and which makes a party's
perfonnance of its obligations under the Contract impossible or so impractical
as to be consideredimpossible under the circumstances,and includes, but is
ncrt limited to, war, riots, civil disorder, earthquake, fire, explosion, storm,
fleiod or other adverseweather conditions, strikes. lockouts or other industrial
actions (except where such strikes, lockouts or other industrial actions are
within the power of the Party invoking Force Majeure to prevent), confiscation
or any other action by govemment agencies.

(b) Force Majeure shall not include (i) any event which is caused by the
negligence or intentional action of a Party or such Party's Sub-consultantsor
agents or employees, nor (ii) any event which a diligent Party could
reasonablyhave been expectedto both (A) take into account at the time of the
conclusion of this Contract and (B) avoid or overcome in the carcyingout of
its obligations hereunder.

Page91 of131
 (c) Force Majeure shall not include insufficiency of funds or failure to make any
payment required hereunder.

2.7.2 No Breach of Contract

The failure of a Party to fulfill any of its obligations under the Contract shall not be
considered to be a breach of, or default under this Contract insofar as such inability
arises from an event of Force Majeure, provided that the Party affected by such an
event; (a) has taken all reasonableprecautions, due care and reasonablealternative
measuresin order to cany out the terms and conditions of this Contract; and (b) has
informed the other Party in writing not later than fifteen (15) days following the
occulTenceofsuch an event.

2,7.3 Extension of Time

Any period within which aParty shall, pursuant to this Contract, corn;rleteany action
or task, shall be extendedfor a period equal to the time during whioh'such Party was
unable to perform such action as a result of Force Maieure.

2.7.4 Payments

During the period of their inability to perform the Servicesas a result of an event of
Force Majeure, the Consultantsshall be entitled to cotrtinueto be paid under the terms
of this Contract, as well as to be reimbursed fbr additional costs reasonably and
necessarilyincurred by them during such period fur the purposeof the Servicesand in
reactivating the Servicesafter the end of such period.

2,8 Suspensionof Payments by the Client

The Client may, by written notice of suspension to the Consultants, suspend all
payments to the Consultantshereunderif the Consultantsfail to perform any of their
obligations under this Contract, including the carrying out of the Services, provided
that such notice of snspension(i) shall specify the nature of the failure, and (ii) shall
request the Consultantsto remedy such failure within a period not exceeding thirty
(30) days after receipt by the Consultantsof such notice of suspension.

2,9 Termination

2.9.1 By the Cllient

The Client may terminatethis Contract,by not less than thirty (30) days written notice
of termination to the Consultants,to be given after the occuffenceof any of the events
specifiedin paragraphs(a) through (e) of this Sub-Clause2.9.1 andsixty (60) days in
the caseof the event referred to in paragraph(f):

(a) if the Consultants do not remedy a failure in the performance of their

obligations under the Contract, within thirty (30) days after being notified or
within any further period as the Client may have subsequentlyapproved in
writing;

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

Page92 of 131
 any agreementswith their creditors for relief of debt or take advantageof any
law for the benefit of debtors or go into liquidation or receivership whether
compulsory or voluntary;

(c) if the Consultantsfail to comply with any final decision reachedas a result of
arbitration proceedingspursuant to Clause 8 hereof;

(d) if the Consultantssubmit to the Client a statementwhich has a material effect

on the rights, obligations or interests of the Client and which the Consultants
know to be false;

(e) if, as the result of Force Majeure, the consultants are unahle to perlorm a
material portion of the services for a period of not less than sixt;r (60) days;

(0 if the client, in its sole discretion, decidesto terminatethis contract.

2.9,2 By the Consultants

The Consultantsmay terminate this Contract, by not less than thirty (30) days written
notice to the Client, such notice to be given after tlre occulrence of any of the events
specifiedin paragraphs(a) through(d) of this Sub-Clause2.9.2:

(a) if the Client fails to pay any tnonies due to the Consultantspursuant to this
Contract and not subject to dispute pursuant to Clause 8 within forty-five (45)
days after receiving written notice from the Consultantsthat such payment is
overdue;

(b) if the Client is in nraterial breach of its obligations pursuant to this Contract
and has not remedied the same within forty-five (a5) days (or such longer
period as the consultants may have subsequently approved in writing)
following the receipt by the client of the consultants' notice specifying such
breach:

(c) if as a result of Force Majeure, the consultants are unable to perform a

nraterial portion of the Servicesfor a period of not less than sixty (60) days;

(d) if ttre client fails to comply with any final decision reached as a result of
arbitration proceedingspursuantto Clause 8 hereof.

2.9,3 Cessationof Services

Upon receipt of notice of terminationunder Sub-Clause2.9.I, or giving of notice of

terminationunder Sub-Clause2.9.2, the Consultantsshall take all necessarystepsto
bring the Services to a close in a prompt and orderly manner and shall make every
reasonableeffort to keep expendituresfor this purposeto a minimum. With respectto
documentspreparedby the Consultants,and equipment and materials fumished by the
Client, the Consultantsshall proceedas provided, respectively,by Sub-Clauses3.8 or
3.9.

Page93 of 131
2.9,4 Payment upon Termination

Upon termination of this Contractpursuantto Sub-Clauses2.9.1 or 2.9.2, the Client

shall make the following paymentsto the Consultants:

(a) remuneration and reimbursable direct costs expenditure pursuant to Clause 6

for Services satisfactorily performed prior to the effective date of termination.
Effective date of termination for purposes of this Sub-Clausemeans the date
when the prescribednotice period would expire;

(b) except in the case of termination pursuant to paragraphs(a) through (d) of

Sub-Clause2.9.1, reimbursementof any reasonablecost incidental to the
prompt and orderly termination of the Contract, including the cost of the
return travel of the Personnel,according to ConsultantsTraveling Allowance
Rules.

2.9,5 Disputes about Events of Termination

If either ParIy disputes whether an event specifietl in paragraphs(a) through (e) of

Sub-Clause2.9.I or in paragraphs(a) through (d) of Sub-Clause2.9.2 hereof has
occurred, such Party may, within foty-five (45) days after receipt of notice of
termination from the other Party, refer the matter to arbitration pursuant to Clause 8
hereof, and this Contract shall not be terminated on account of such event except in
accordancewith the terms of any resulting arbitral award.

3. OBLIGATIONS OF THE CONSULTANTS

3.1 General

3.1.1 Standard of Performance

The Consultantsshall perform the Servicesand carry out their obligations with all due
diligence, efficiency, and economy, in accordance with generally accepted
profbssional techniquesand practices,and shall observesound managementpractices,
ancl employ appropriate advancedtechnology and safe methods. The Consultants
shall always act, in respectof any matter relating to this Contract or to the Services,as
f'aithful advisersto the Client, and shall at all times support and safeguardthe Client's
legitimate interestsin any dealingswith Sub-consultantsor third parties.

3.1.2 Law Governing Services

The Consultants shall perform the Services in accordancewith the Applicable Law
and shall take all practicable stepsto ensure that any Sub-consultants,as well as the
Personnel of the Consultants and any Sub-consultants,comply with the Applicable
Law.

Page94 of 131
 3.2 Consultants Not to Benefit from Commissions,Discounts, etc.

The remuneration of the Consultants pursuant to Clause 6 shall constitute the

Consultants' sole remuneration in connection with this Contract or the Services, and
the Consultantsshall not acceptfor their own benefit arty trade commission, discount,
or similar payment in connection with activities pursuant to this Contract or to the
Services or in the discharge of their obligations under the Contract, and the
Consultants shall use their best efforts to ensure that the Personnel, any Sub
consultants, ffid agents of either of them similarly shall not receive any such
additional remuneration.

aa
J.J Confidentiality

The Consultants,their Sub-consultants,and the Personnelof either of'thern shall not,

either during the term or after the expiration of this Contract, disclose any proprietary
or confidential information relating to the Project, the Services.this Contraci or the
Client's businessor operationswithout the prior written consenfof the Client.

3.4 Liability of the Consultants

The Consultantsare liable for the consequenceof errors and omissionson their part or
on the part of their employeesin so far as the clesigrnof the Project is concernedto the
extent and with the limitations as mentioned herein below.

If the Client suffers any losses or damages as a result of proven faults, errors or
omissionsin the design of a prcrject,the Consultantsshall make good such lossesor
damages,subject to the conditions that the maximum liability as aforesaid shall not
exceedtwice the total remunerationof the Consultantsfor design phasein accordance
with the terms of the Contract.

The liability of the Cortsultantsexpires after one (1) year from the stipulated date of
completion of oottstruotionor after three (3) years from the clateof final completion of
the design r.vhicheveris earlier.

The Cottsultantsmay, to protect themselves,insure themselvesagainsttheir liabilities

but this is not obligatory. The extent of the insuranceshall be up to the limit specified
in second para above. The Consultants shall proaure the necessary cover before
conrmencingthe Servicesand the cost of procuring such cover shall be bome by the
Consultantsup to a limit of one percent of the total remuneration of the Consultants
for the design phasefor every year ofkeeping such cover effective.

The Consultantsshall, at the requestof the Client, indemnify the Client against any or
all risks arising out of the furnishing of professional servicesby the Consultantsto the
Client, not covered by the provisions contained in the first para above and exceeding
the limits set forth in secondpara above provided the actual cost of procuring such
indemnity as well as costs exceedingthe limits set forth in fourth para aboveshall be
borneby the Client.

.(
Page95 of 131
 3.5 Other Insurances to be Taken out by the Consultants

In addition to the insurancestatedin Sub-Clause3.4 above,the Consultantsshall take

out and maintain the various insurancesas are specified in the SC, at the cost and
expenseof the Client.

3.6 Consultantst Actions Requiring Clientrs Prior Approval

The Consultantsshall obtain the Client's prior approval in writing before taking any of
the following actions:

(a) appointing such Personnelas are in Appendix-C merely by title lrut not
by name;

(b) entering into a subcontractfor the performance of any pafl of the Services, it
being understood (i) that the selection of Sub-consultantsand the terms and
conditions of the subcontractshall have been approveelin rwiting by the Client
prior to the execution of the subcontract, and (ii; that the Consultants shall
remain fully liable for the performance of the Servicesby the Sub-consultants
and its Personnelpursuantto this Contract;

(c) any other action that may be specified in the SC.

3.7 Reporting Obligations

The Consultants shall submit to the Client the reports and documents specified in
Appendix B in the form. in the numbers,and within the periods set forth in the said
Appendix.

3.8 Documents Prepared by the consultants to be the Property of the client

All plans, drawings, specifications, reports, and other documents and software
prepared by the Consultants in accordancewith Sub-Clause 3.7 shall become and
remain the property <lf the Client, and the Consultants shall, not later than upon
termination or expiration of this Contract, deliver (if not already delivered) all such
documentsand software to the Client, together with a detailed inventory thereof. The
Cottsultantsmay retain a copy of such documentsand software.

R.estriction(s)about the future use of thesedocuments,is specified in the sc.

3.9 Equipment and Materials Furnished by the Client

Equipment and materials made available to the Consultants by the Client, or

purchasedby the Consultantswith funds provided by the Client, shall be the properly
of the Client and shall be marked accordingly. Upon termination or expiration of this
Contract, the Consultants shall make available to the Client an inventory of such
equipment and materials and shall dispose of such equipment and materials in
accordancewith the Client's instructions or afford salvage value of the same. While

f- Pase96 of 131
 in possession of such equipment and materials, the Consultants, unless otherwise
instructed by the Client in writing, shall insure them at the expenseof the Client in an
amount equal to their full replacementvalue.

3.10 Accountingo Inspection and Auditing

The Consultants(i) shall keep accurate and systematic accounts and records in
respect of the Services hereunder, in accordance with internationally accepted
accounting principles and in such form and detail as will clearly identify all relevant
time charges, and cost, and the basis thereof, and (ii) shall permit the Client or its
designated representativesperiodically, and up to one year from the expiration or'
termination of this Contract,to inspect the same and make copies thereof as well as to
have them audited by auditors appointedby the Client.

4. CONSULTANTS' PERSONNEL AND SUBCONSULTANTS

4.1 General

The Consultants shall employ and provide such quaiified and experiencedPersonnel
and Sub-consultantsas are required to carry out the Services.

4.2 Description of Personnel

(a) The title, activities of job descliption and estimatedperiod of engagementin

the carrying out of the Services of each of the Consultants' Personnel are
describedin Appendix C.

(b) Adjustment with respect to the estimated periods of engagementof various

salary grades of the Personnel set forth in Appendix c may be made by the
Consultants in accordancewith the actual requirements of the Contract to
ensure efficient performance of the Services, provided that the aggregate of
such adjustrneutsshall not causepayments under this Contract to exceed the
ceilings set forth in Sub-Clause6.1(a)of this Contract.

4.3 Approval of Personnel

The Key Personneland Sub-consultantslisted by title as well as by name in Appendix

C are deemedto be approvedby the Client. In respectof other Key Personnelwhich
the Consultantspropose to use in carrying out of the Services,the Consultants shall
submit to the Client for review and approval a copy of their biographical data. If the
Client does not object in writing (stating the reasonsfor the objection) within fourteen
(14) calendar days from the date of receipt of such biographical data, such Key
Personnelshall be deemedto have been approvedby the Client.

4.4 Working Hours, LeaveoOvertime, etc.

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

4Y Pas.e97 of 131
 Except for the staff covered under reimbursable direct costs expenditure, the
Consultants'remunerationgiven in Appendix D and Appendix E shall be deemedto
cover paid casual leave, sick leave and earned leave. The Client will reimburse
overtime payments to eligible Personnel provided by the Consultants, in respect of
support staff and work charged staff. Any taking of leave by Personnel shall be
subject to the prior approval by the Consultants who shall ensure that absencefor
leave purposeswill not delay the progress and adequatesupervision of the Services.
Such leave taking of the Authorised Representativeof the Consultants at site, if any,
shall be precededby the Client informed in writing.

4.5 Removal and,/or Replacement of Personnel

(a) Except as the client may otherwise agree, no changes shall be made in the
Key Personnel. If, for any reason beyond the reasonable control of the
consultants, it becomes necessaryto replace any of the Key personnel, the
Consultants shall provide as a replacement a person of equivalent or better
qualifications.

(b) If the client; (i) finds that any of the Personnel has committed serious
misconduct or has been charged with having cornrnitted a criminal action; or
(ii) has reasonablecauseto be dissatisfieclwith the performance of any of the
Personnel,then the Consultantsshall, at the Client's written request specifying
the groundstherefor, provide as a replaceinenta person with qualifications and
experienceacceptableto the Client.

(c) Any of the Personnelprovided as a replacementunder sub-clauses (a) and (b)

above, the rate of remuneration applicable to such person as well as any
reimbursable expenclitures (including expenditures due to the number of
eligible dependents)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 Client may otherwise agree, (i) the Consultants shall bear all
additional travel and other costs arising out of or incidental to any removal
and;'or replacement, and (ii) the remuneration to be paid for any of the
Persorurelprovided as a replacementshall not exceedthe remuneration which
vi'ouldhave been payable to the Personnelreplaced.

4.6 Resident Engineer

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

Pase98 of 131
 5. OBLIGATIONS OF THE CLIENT

5.1 Assistance,Coordination and Approvals

5.1.1 Assistance

The client shalluseits besteffortsto ensurethat the client shall:

(a) provide at no cost to the Consultants, Sub-consultants and Personnel such

documents prepared by the client or other consulting engineersappointe<lby
the Client as shall be necessaryto enable the Consultants, Sub-consultantsor
Personnelto perform the Services.The documents and the time within which
such documentsshall be made available, are as specified in the SC;
o) assist to obtain the existingdata relevant to the carrying eiut of the Services,
with various Government and other organisations. Such items shall be
returned by the Consultants upon completion of flre Services under this
Contact;

(c) issue to officials, agentsand representativesof the concemedorganisations,all

such instructions as may be necessaryor appropriate for prompt and effective
implementation of the Services;

(d) provide to the Consultants, Sub-consultants,and personnel any such other

assistanceand exemptionsas may be specified in the SC;

(e) assist to obtain pennits r.vhichmay be required for right-of-way, entry upon
the lands and propertiesfor the purposesof this Contract.

5.1.2 Co-ordination

The Client shall:

(a) coordinate and get or expedite any necessaryapproval and clearancesrelating

to the work from any Government or semi-Government Agency, Department
or Authority, andother concernedorganisationnamed in the SC.

(bi coordinatewith any other consultantsemployed by him.

5.1.3 Approvals

The Client shall accord approval of the documentswithin such time as specified in the
SC, whenevertheseare applied for by the Consultants.

5.2 Accessto Land

The Client warrants that the Consultantsshall have, free of charge,unimpeded access
to all land of which accessis required for the performanceof the Services.

Page99 of 131
5.3 Change in the Applicable Law

If, after the date of this Contract, there is any change in the Applicable Law which
increasesor decreasesthe cost of the Servicesrenderedby the Consultants,then the
remunerations and direct costs otherwise payable to the Consultants under this
Contract shall be increasedor decreasedaccordingly, and corresponding adjustment
shall be made to the amountsreferred to in Sub-Clause6.1 (a). Rate in the Appendix-
E shall be revised in case of revision in salary made in an orgarization due to
statutory Notification. Such revised rate(s) shall be applicable from the respectir.e
date(s) of implementation of such Notification by the concerned organizations for
which necessaryproof shall be provided to the Client.

5.4 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 and property described in Appendix F at the times and in the manner
specified in said Appendix F, provided that if such services,facilities and property
shall not be made available to the Consultants as and when so specified, the Parties
shall agree on; (i) any time extension that it may be appropriate to grant to the
Consultants for the performance of the Services; (ii) the manner in which the
Consultants shall procure any such so'rvices. facilities and property from other
sources;and (iii) the additional pa5rments,if'any, to be made to the Consultants as a
result thereofpursuantto Sub-Clause6.1(b) hereinafter.

5.5 Payments

In considerationof the Servicesperformed by the Consultantsunder this Contract, the

Client shall make to the Consultantssuch paymentsand in such manner as is provided
by Clause6 of this Contract.

5.6 Counterpart Personnel

(a) lf so provided in Appendix-F hereto, the Client shall make available to the
consultants, as and when provided in such Appendix-F, and free of charge,
such counterpartpersonnel to be selectedby the Client, with the Consultants'
advice, as shall be specified in such Appendix-F. Counterpartpersonnel shall
work under the exclusive direction of the Consultants. If any member of the
counterpartpersonnel fails to perform adequatelyany work assignedto such
member by the Consultantswhich is consistentwith the position occupied by
such member, the Consultantsmay request the replacementof such member,
and the Client shall not unreasonablyrefuse to act upon such request.

(b) If counterpartpersonnel are not provided by the Client to the Consultants as

and when specified in Appendix-F, the Client and the Consultantsshall agree
on; (i) how the affected part of the services shall be carried out,. and (ii) the

+l''
Pase100 ofl3l
 additional payments, if any, to be made by the client to the Consultantsas a
result thereof pursuant to Sub-Clause6.1(c) hereof.

6. PAYMENTS TO THE CONSULTANTS

6.1 CostEstimates,Ceiling Amount

(a) An estimate of the cost of Servicespayable in foreign and local currenciesis

set forth in Appendices D and E respectively. Except as may be otherwise
agreedunder Sub-Clause2.5 and subject to Sub-Clause6.1 (b), payrnents
under this Contract shall not exceed the ceilings in foreign curreucy in
Appendix D and in local cuffency in Appendix E, excluding adjushnentsmade
under Sub-Clause6.2(a) of the SC. The Consultantsshall notify the Client as
soon as cumulative charges incurred for the Services have reached 80% of
either of these ceilings.

o) Notwithstanding Sub-clause 6.1(a) hereof, if pnrsuant to any of the sub-

clauses 5.3, 5.4 or 6.6 hereof,the Partiesshall agreethat additionalpayments
in local andlor foreign currency, as the casemay be, shall be made to the
Consultantsin order to cover any necessar',v aclditional expendituresrelating to
remuneration not envisaged in the cost estimates referred to in Sub-Clause
6.1(a) above, and the ceiling or ceilings, as the casemay be, set forth in sub-
Clause6.1(a) above shall be increasedby the amount or amounts,as the case
may be, of any such additional payments.

(c) Notwithstanding sub-clause 6.1(b) hereof, if pursuant to any of the Sub-

clauses 5.3, 5.4 or 5.6 hereof,the Partiesshall agreethat additionalpayments
in local andlor foreign cuffency, as the case may be, shall be made to the
Consultantsin order to cover any necessaryadditional expendituresrelating to
reimbrrsable direct cost not envisagedin the cost estimatesreferred to in Sub-
Clause6.1(a) above, the ceiling or ceilings, as the casemay be, set forth in
Sub-Cllause6.1(b) above shall be increasedby the amount or amounts,as the
casemay be, of any such additional paynents.

6.2 Remuneration and Reimbursable Direct Costs (Non-salary Costs)

(a) subject to the ceilings specifiedin sub-clause 6.1(a) hereof, the Client shall
pay to the consultants; (i) remunerationas set forth in sub-clause 6.2(b); and
(ii) reimbursable direct costs expenditure as set forth in sub-Clause 6.2(c).
Remunerationshall be subject to price adjustmentas specified in the SC.

(b) Remuneration for the Personnel shall be determined on the basis of time
actually spent by such Personnelin the performance of the Servicesafter the
date determined in accordancewith Sub-clause sc 2.3 (including time for
necessarytravel via the most direct route) at the rates referred to, and subiect
to such additional provisions as are set forth in the SC.

Page101 of 131
 (c) Reimbursable direct costs (non-salary costs) actually and reasonably incurred
by the Consultantsin the performance of the Services.The reimbursabledirect
costs expenditureshall be for the items specified in the SC.

6.3 Currency of Payment

(a) Foreign cuffency payment shall be made in the cutrency or currencies

specified as foreign culrency or currenciesin Appendix D, and local crutellc-v
payment shall be made in Pakistani Rupees.

(b) The SC shall specify which items of remuneration and reinrbursable

expendituresshall be paid, respectively, in foreign and in local culrency.

6.4 Mode of Bilting and Payment

Billing and paymentsin respectof the services shall be made as follows:

(a) To cover pa5rmentsdue under sub-Clauses 6.1 and 6.2 of this contract, the
Client shall establisha revolving fund in foreign cunency and local currency
accounts, each account to be separntely and distinctly maintained by the
Consultants,and shall deposit into the said accounts,amountsin the currencies
specifiedaboveas follows:

(i) Not later than thirty (30) days following the signing of contract by
both the Parties amounts estimated to be the requirements in the
respective surrencies for the three (3) months of the services
immediately following the signing of Contract calculated on the basis
of the applicable estimatesset forth in Appendices D and E.

(ii) Not later than the 15th day of each succeeding month, the amount
equal to the preceding monthly estimate in accordance with
Appendices D and E shall be recouped by the Client in the revolving
fund againstforeign cuffency and local culrency amounts.

Any bank interest accruing in a revolving fund shall be credited by the

Consultantsto the Client.

(b) As soon as practicable and preferably within thirty (30) days after the end of
each calendar month during the period of the Services, the Consultants shall
submit to the client, in duplicate, itemized statements,accompaniedby copies
of receipted invoices, vouchers and other appropriate supporting materials, of
the amounts payable pursuant to Sub-clauses 6.3 and 6.4 for such month.
Separatemonthly statementsshall be submitted in respectof amounts payable
in foreign cuffency and in local currency. Monthly statementshall distinguish
that portion of the total eligible costs which pertains to remunerationfrom that
portion which pertainsto reimbursabledirect costs expenditure.

Pase102of 131
 In caseof a joint venture, separatemonthly statementsshall be submitted in
respect of amounts payable to each Member of the joint venture of the
Consultants.

(c) The Client shall cause the payment of the Consultants' monthly statements
within twenty-eight (28) days for amounts in local currency and within fifty
six (56) days for amounts in foreign culrency after the receipt by the Client of
such statementswith supporting documents. only such portion of a monthly
statementthat is not satisfactorily supportedmay be withheld from pavment.
Should any discrepancy be found to exist between actual payment and costs
authorized to be incurred by the consultants, the client, after seeking
clarification from the Consultants,may add or subtractthe difference fi:om any
subsequentpayrnents.

(d) The final payment under this Clause shall be made onl1, after the final report
and a final statement, identified as such, shall have been submitted by the
Consultantsand approved as satisfactoryby the Client. The Services shall be
deemedcompleted and finally acceptedby the Client and the final report and
final statementshall be deemed approved b_vthe Client as satisfactory ninety
(90) calendar days after receipt of the final report and final statementby the
client unless the client, within such ninefy (90) days period, gives written
notice to the Consultants specif5.ingin detail deficiencies in the Services, the
final report or final statement. The consultants shall thereupon promptly
make any necessarycorrections, and upon completion of such corrections, the
foregoing processshall be repeated. Any amount which the client has paid or
causedto be paid in accordancewith this Clause in excess of the amounts
actually payable in accordancewith the provisions of this Contract shall be
reimbursed by the Consultants to the client within thirty (30) days after
receipt by the Consultantsof notice thereof. Any such claim by the Client for
reimbrrsenient must be made within fifty six (56) days after receipt by the
client of a {inal report and a final statement approved by the client in
accorciancewith the above. The Client shall cause the final payment to the
consultants within fifty six (56) days of receipt of final invoice from the
Consultants,after completion of Services finally acceptedalongwith the final
report and statementof the Consultantsby the Client.

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

6.5 Delayed Payments

If the Client has delayed pa5rmentsbeyond the period statedin paragraph(c) of Sub-
Clause 6.4, interest chargesshall be paid to the Consultantsfor each day of delay at
the rate specified in the SC.

Page103 of131
6.6 Additional Services

Additional Servicesmeans:

(a) Services as approvedby the Client outside the Scope of Servicesdescribedin

Appendix A;

(b) Services to be performed during the period extended pursuant to Sub-Clause

2.6,beyond the original scheduletime for completionof the Services;and

(c) any re-doing of any part of the Servicesas a result of client's instructions.

If, in the opinion of the Client, it is necessaryto perform Additional Serv'icesduring

the currency of the Contract for the purpose of the Project, the Cansultants,with the
prior written authoization of the Client, shall carry out such Adclitionat Services on
the basis of the billing rates set out in the Contract. In casefor any reasonstheserates
and prices are determined by both the Parties to be not applicable fbr said Additional
Services, then suitable billing rates and the additional tirne, shall be agreed upon
betweenthe Client and the Consultants.

6.7 Consultantsf Entitlement to SuspendServices

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 in paragraph (c) of Sub-
Clause6.4, within which payment is to be made, the Consultantsmay after giving not
less than twenty-eight (28) days' prior notice to the Client, suspendthe Services or
reduce the rate of carrying out the Services, unless and until the Consultants have
receivedthe payment.

This action will not prejudice the Consultants'entitlement to financing chargesunder

Sub-Clause 6.5.

7. FAIRNESS AND GOOD FAITH

7.1 Good Fnith

The Partiesundertaketo act in good faith with respectto each other'srights under this
Contract and to adopt all reasonable measures to ensure the realization to the
objectives of this Contract.

7.2 Operation of the Contract

The Parties recognize that it is impractical in this Contract to provide for every
contingency which may arise during the life of the Contract, and the Parties hereby
agreethat 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 of
this Contract either Party believes that this Contract is operating unfairly, the Parties
will use their best efforts to agree on such action as may be necessaryto remove the

Page104 of131
 causeor causesof such unfairness,but no failure to agtee on any action pursuant to
this Sub-Clauseshall give rise to a dispute subject to arbitration in accordancewith
Clause8 hereof.

8. SETTLEMENT OF DISPUTES

8.1 Amicable Settlement

The Parties shall use their best efforts to settle amicably all disputes ansmgout ofol
in connectionwith this Contract or its interpretation.

8.2 Dispute Settlement

Any dispute between the Parties as to matters arising pursuant to this Contract which
cannot be settled amicably within thirty (30) days after receipt b_vone Party of the
other Party's request for such amicable settlementmay be submitted by either Party
for settlementin accordancewith the provisionsof the Arbitration Act,1940 (Act No.
X of 1940) and Rules made thereunderand any statrrtorymodifications thereto.

Services under the Contract shall, if reasonably possible, continue during the
arbitration proceedingsand no payment due to or by the Client shall be withheld on
accountof such proceedings.

9. INTEGRITY PACT

9.1 If the Consultant or any of his Sub-consultants,agents or servants is found to have

violated or involved in violation of the Integrity Pact signed by the Consultant as
Appendix-G to this Fonn of contract, then the client shall be entitled to:

(a) recol'er frorn the Consultant an amount equivalent to ten times the sum of any
commission, gratification, bribe, finder's fee or kickback given by the
Consultantor any of his Sub-consultant,agentsor servants;

(b) tenninate the Contract; and

(c) recover from the Consultant any loss or damage to the Client as a result of
such termination or of any other comrpt businesspractices of the Consultant
or any ofhis Sub-consultant,agentsor servants.

On termination of the Contract under Sub-Para(b) of this Sub-Clause,the Consultant

shall proceedin accordancewith Sub-Clause2.9.3. Paymentupon such termination
shall be made under Sub-Clause2.9.a @) after having deducted the amounts due to
the Client under Sub-Para(a) and (c) of this Sub-Clause.

Page105ofl3l
 III. SPECIAL CONDITIONS OF CONTRACT

Clause Amendmentsof, and Supplementsto, clauses in the General conditions of

No. Contract
of GC

1.1 Definitions

(p) "Project" means

1.2 Law Governing the Contract

All Persorurel shall at all times endeavor to observe and respect all laws, rules,
regulations and customsprevailing within the Islamic Republic of Pakistan.

1.6 Authorised Representatives

The Authorised Representativesare the following:

For the Client:

Telephone
Facsimile
E.Mail

For the Consultants:

(Name of Project Manager)
(Project)
(Address)

Telephone :
Facsimile :
E.Mail :

1.7 Taxes

Pa5rmentof Taxes will be the responsibility of the Consultants accordancewith

PakistanTax Laws.

All notesshould be deletedin finql text. All blanks should be filled in.

+*-
Paee106of131
 1.8 Leader of Joint Venture

The leaderof the Joint venture is ........... .......(nameof the Member of the
Joint Venture).

[Note: If the Consultantsdo not consist of more than one entity. the Sub-Clause 1.8
shouldbe deleted.l

2.1 Effectiveness of Contract

This Contract shall come into effect after issuanceof the Letter of Commencenrentby
the Client.

t) Termination of Contract for Failure to Become Effective

The time period shall be one hundred twenty (120) days or such tither time period as
the Parties may agreein writing.

2.3 Commencement of Services

The Consultants shall commence the Services within twenty-one (21) days after
receipt of Letter of Commencement,or such other time period as the Parties may
agreein writing.

2.4 Expiration of Contract

The period of completion of services shall be days from the

CommencementDate of the Servicesor such other period as the Partiesmay agree in
writing. The Servicesareestimatedto be completedbefore...............
........20 ...

"Completion of Seryices"

[Note: In the blank space,the last activity (such as submissionof As Built Drawings,
C'ompletion Report etc.) which declares the Contract to be completed in all
respect,may be stated]

2,7.4 Payments

Following text is addedat the end of the para:

"excluding overheadsand profits"

3.1.1 Standard of Performance (Final Paymentof Construction Works Contract)

If final bill, pertaining to the Construction Works being supervised by the

Consultants, is not processed by the Consultants within stipulated time, the
Consultantswill not be consideredfor next project consultancy. It will also be taken

d(----
Page107 of 131
 as the Consultants'failure to provide satisfactory performance under Rule 19 of the
Public ProcurementRules.

All such costs of Consultants for processing the final payment of the Contractor are
deemed included in its Financial Proposal. The Consultantshave to ensure that the
Contractor has completed total work as per Works Contract with particular reference
to site clearancebefore taking over the project on completion.

3.4 Liability of the Consultants

The Consultantsshall be held liable for all lossesor damagessuffered by the Client
on account of any misconduct and unsatisfactory performanceby the Consultants in
performing the Services.The Consultantsshall be liable for consequenceof'errors and
omissions on their part and the extent of such liability shall be twice the
Remunerations(excluding reimbursable direct/ non-salarycosts) unclertire Contract.

3.5 Insurance to be Taken out by the Consultants

The risks and the coveragesshall be as follows:

(a) Third Party motor vehicle liability insurance in respect of motor vehicles
which are purchased under this Contract and operated in Pakistan by the
Consultantsor their Personnelor any Sub-consultantsor their Personnel,with
a minimum coverageof Pak. RupeesOne Hundred Thousand (Rs.100,000).

(b) Insurance against loss of or damage to equipment purchased in whole or in

part with funds provided under this Contract.

(c) Third Party liability insurancewith a minimum coverageof Pak. Rupees One
Million (Rs.l,000,000).

(d) Professional liability insurance, with a minimum coverage of not less than
twice the Remunerations.

3.6 Consultants' Actions Requiring Client's Prior Approval

(c) The Consultantsshall also clear with the Client, before commitments on anv
action they proposeto take under the following:

i) Issuing Variation Orders in respectof:

- additional quantities of items of Construction Works as

determinedby the Engineer to be necessaryfor the execution of
Works.

any new item of the Works not envisagedin the Construction

Works Contract Documents and which is determined by the
Engineer to be necessaryfor the execution of Works.

y:
Page108 of131
 any item of Construction Works covered under provisional
Sums.

ii) claim from the contractor for extra payment with fuIl supporting
details and consultants recommendations,if any, for settlement.

ii| Details of any sub-contractsfor Construction Works.

iv) Any action under terms of PerformanceGuaranteeor Insurancepolic,v

for the Construction Works.

v) Any action by the Consultantsaffecting the costs under the fcrllowing

clausesof Conditions of Contract of the Construction Works Contract.

Adverse Physical Conditions and Artificial Obstructions

Suspensionof Works
Bonus and Liquidated D unages
Certificate of Completion of Wor:ks
Defects Liability Certifi cate
Forfeiture
SpecialRisks
Frustration
Any other as per the conditions of contract of the construction
Works Contract.

vi) Final MeasurementStatement.

vii) Releaseof Retention Money.

viii) Any changein the ratios of various currenciesof payment.

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

The Client and the Consultants shall not use these documents for pulposes unrelated
to this c<intractwithout the prior written approval of the other party.

4,2 Description of Personnel

The word "Personnel" in this Sub-Clauseis construed to include "specialist Sub-

consultant",if any.

4.4 Working Hours, LeaveoOvertime, etc.

The Client shall not reimburse overtime paSrmentsto any Personnelprovided by the
Consultants.The Financial Proposal submitted by the Consultantsis deemedto have
coveredit under Overheadcosts of the firm. However, any such provision, if available

Page109 of 131
 in the Works contract of the Contractor be deemed applicable to the specific
Personnelof the Consultants.

4.6 Resident Engineer

fNote:Nameandaddress
of the Consultants'Resident if applicablewill be
providedherel

5.1.1 Assistance

(a) The client shallmakeavailablewithin ......daysfrom the commencement

Date,the documents namely

This list if warrantedshall be supplementedsubsequently.

(d) Other assistance and exemptions to be provided by the Client are

5.1.2 Coordination

(a) The departmentsand agenciesinolude

5.1.3 Approvals

The Client shall accord approval of the documents immediately but not later than
fourteen (14) days from the date of their submissionby 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(d shall be
adiustedas follows:

(D Remuneration paid in foreign cuffency pursuant to the rates set forth in

Appendix-D shall be adjustedafter every 12 months (and, the first time, with
effect from the remunerationeamed in the 13th calendarmonth after the date
of the Contract) by applying the following formula:

Rf: Rfo x If/Ifo

where \f is the adjustedremuneration,Rfo is the remunerationpayable on the

basis of the rates set forth in Appendix-D for remunerationpayable in foreign
cuffency, !f is the official index for salaries in the country of the foreign
currency for the first month for which the adjustment is supposed to have

Paee110 of131
 effect, and Ifo is the official index for salaries in the country of the foreign
currency for the month of the date of the Contract.

(ii) Remunerationpaid in local currency pursuant to the billing rates agreed for
eachperson shall be adjustedin July of every year (and, for the first time, with
effect from the remuneration earnedin July following submission of financial
proposal) by considering the following subject to maximum of prevalent CPI
as per given formula plus salary revision due to statutory notification, if
applicablepursuantto Sub-Clause5.3 upon substantiation:

- annual increment
- Increasedue to promotion
- salary revision, if applicablepursuantto Sub-clause5.3 or otherwise

OR,

to be computedwith the following formula:

RI: RIo x IIlIIo

Where RI is the adjustedbilling rate, RIo is the billing rate payable on the basis of the
agreedbilling rate in local currency as on July (i.e. fhe year in which the Consultants
submitted its financial proposal to the Client). ll is the Combined Consumer Price
Index (CPD "General" for Government emplo3'eesas published by the Federal Bureau
of Statistics, Government of Pakistan fbr the month of July for which the adjustment
is to have effect, and IIo is the Constrmer Price Index "General" for Government
employees as published by the Federal Bureau of Statistics Government of Pakistan
for the month of July (i.e. the Year in which the Consultants submitted its financial
proposal to the Client).

[Note: One of the two options given above under (ii) is to be deleted as a result of
negotiations before.signing the Contract AgreementJ

6.2@) The rates for tbreign Personnel set forth in Appendix D, and the rates for local
Personnel se'ttbrth in Appendix E, after adjustments,if any, pursuant to Sub-Clause
6.2(a)hereofslrallbe usedfor billing purposes.

It is understoodthat the remuneration rates shall cover salary and allowances as the
Consultants shall have agreed to pay to the Personnel as well as factors for social
charges and overheadbased on the Consultants' average cost as representedby the
financial statementsof Consultants'latest three fiscal years and fee of the Consultants.

The remunerationrates have been agreedupon basedon the representationsmade by

the Consultants during finalization of this Contract with respect to the Consultants'
costs and chargesas referred above as such representationsare evidencedby the form
"Breakdown of Agreed Fixed Rates in Consultants'Contract" (A model of such form
is attachedat the end of these SC. The Consultantsshould be requestedto execute
this Form at the conclusion of the Contract negotiation when the Parties have agreed
on the fixed ratesand their breakdown).

Page111 of131
 Remunerationfor periods of less than one month shall be calculated on hourly basis
for the time spent by the Head Office staff or Project Office staff and directly
attributable to the Services (one hour being equivalent to 11170of a month) and on
calendarday basis for time spent by the Site Office staff (one day being equivalent to
1/30thof a month).

6.2(c) Direct Costs(Non SalaryCosts)

Direct Non-salary Costs are such incurred non-salary costs which are directly
allocableto specific engagementsand projects. These costs include but are not lirnited
to the following:

(0 Provisions for office, light, heat and similar items for working space.costs or
rental for fumifure, drafting equipment and engineering instrument and
automobile expenses identifiable to specific projects for w'hich special
facilities other than head office of the firm are arranged.
(ii) Provision for labour or work chargeestablishment.

(iii) Daily and travelling allowances / expenses of employees, partners and

principals when away from home / office on business connected with the
project.

(iv) Identifiable communication expenses, such as long distance telephone,

telegraph, cable, telex, express charges, and postage other than general
correspondence.

(v) Servicesdirectly applicable to the project such as special legal and accounting
expenses, computer rental and programming costs, special consultants,
borings, laboratory charges, perspectives, renderings, photos, model costs,
commercial printing and binding and similar costs which are not applicable to
the overhead costs, professional liability insurance cover in accordancewith
the provisionsset out in Sub-Clause3.4.

(vD Identifiable drafting supplies and office supplies and expensescharged to the
employers work, as distinguished from such supplies and expensesapplicable
to severalprojects.

(r'ii) Identifiable reproduction cost applicable to the work 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 currency and
remunerationfor local personnelshall be paid in local currency.

The direct cost expenditures in foreign currency shall be as stated in

Appendix-D.

4_.-- Pagell2 of 131

 The direct cost expendituresin local cuffency shall be as statedin Appendix-E

6,4 Mode of Billing and Payments

Sub-ClauseGC 6.4 is deletedand substitutedas under:

6.4,1 The Client shall affect payments to the Consultants in accordancewith the payment
schedulesand in the manner set forth in Appendices-D & E as per NHA accounts
procedure.

6.4,2 Amounts due to the Consultantsshall be paid within thirty (30) calendar da-vstrorn
the date of submission of its invoice. Paynents against interim (monthly) invsrices
shall be made after retaining two per cent (2%) of the payable amounts,in accordance
with paragraph 5.5 - Revision of PC-I-under TOR; all the amounts so retained shall
be released along with the final invoice subject to fulfillment of the conclition set in
the said paragraph5.5.

An affidavit or certificate for salary payment of personnel and all other charges will
be fumished to the Client by the Consultants.

6.4.3 If the item or part of an item of an invoice submitteclby the Consultantsis disputed or
subject to question by the Client, the payrnent of that part of the invoice which is not
contestedshall not be withheld on those grounds and the provisions of Clause 6.4.2
shall apply to such remainder and also to the disputed or questioneditem to the extent
thatit shall subsequentlybe agreedor cleterminedto have been due to the Consultants.

6.4,4 The Consultants will be required to submit, as much as are avallablerecords of the
work carried out under this Contr:act.

The Client may audit accounts,as much as are available with the Consultants,for the
Servicesprovided by the Consultantsunder this Contract. Should any error be found,
this shall be called to the attention of the Consultant and if so it shall be adiusted
accordingly.

Advance written notice of not less than seven (7) working days shall be given to the
Consultants, by the Client, of such audit which shall be carried out during normal
working hours at the place where the records are maintained. Such records shall be
kept fcr a period not less than three (3) years from the completion of the Services or
termination of Contract pursuant to provisions hereof, to facilitate any questions
arisingfrom the Client's Audit.

6.4.5 Account number for payment (againstan Invoice) to the Consultants,is given below:

[in case of W, account numbers of ull Members of JV shall be insefied, one ufter
the otherl
Title of Account:
Account Number:
BranchCode:
Bank:

Page113 of 131
6.5 Delayed Payments

The compensation on delayed pa5rmentsfor local and foreign culrency shall be as

follows:

(i) for foreign cuffency : Not Applicable

(ii) for local culrency : eight percent (8%) per annum

6.6 Additional Services

The Consultants shall be prepared at any time during the Contract to provide expert
technical advice and skill to the Client who may ask and seek such assistancein
respect of the Project. The Consultants shall be separatelycompensatedfor all such
servicesnot coveredin the original Services.

10. Priority of Documents

Following is to indicate priority of documents forming part of this Contract to resolve

an ambiguity or non-clarity in the provision.

Contract Agreement;
Minutes of NegotiationMeeting;
The SpecialConditionsof Contract;
The GeneralConditions of Contract;
The Minutes of Pre-propr:salMeeting & Addendum(s) if any;
Scopeof Services,'Termsof Reference;
Any other document including Integrity Pact (and JV agreement case of
JV).

11. Royalties

The Consultants shall save harmless and identify the Client from and against all
claims and proceedingson account of or for infringement of any patent right, design,
trademark or name or other protected rights in respect to any patented designs,
features or equipment they may use for carrying out the Services, and shall pay all
royalties etc. thereto.

12. Delay Damages

The Consultant shall be liable for delay in providing the Services within the time
frame as per the Contract; Failure to comply with the schedule of delivery, due to
fault of the Consultants, will attract delay damages which shall be levied @ one
twentieth percent (0.05%) per day of the consultancy fee pertaining to the relevant
componentof the Servicesbeyond the schedule:Provided that the total delay damages
shall not exceed ten percent (10%) of the total consultancy fee and that the delay
damagesmay be waived off only if the Consultants catch up the delays by providing

Pase ll4 of 131

final delivery within the time frame and there were no adverseaffects causedto the
Client's or Project'sdownstreamactivities.

'l/

Page115of131
 MODEL FORM

Breakdownof AgreedFixedRatesin Consultants,Contract

We hereby confirm that we have agreedto pay to the staff memberslisted,who will be involved in this assignment,
the basic salariesand field
allowances(if applicable)indicatedbelow):

1 2 5 4 5
BasicSalary per Overseas/field Agreed Fixed Agreed Fixed
Working Social Charges Overhead Subiotal Fee Allowance Rate per Working Rate
Name Position Month/DaylHour (% of 1) (% of t&2) (% of 4) (% of l) Month/Day/Hour (% of 1)
(Expressed
in (name of currency)

Signature
Name:
Title:

Page716of131
IgIJo Llloded

SgJIONflddv
 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
approvedby Client, etc.]

Page118of131
 Appendix B

Reporting Requirements

fl-ist format, frequency, and contentsof reports; personsto receive them; datesof submission
and the number of copies of each submittal etc. If no reports are to be submitted, state here
"Not applicable".]

*--

Pase119of131
 Appendix C

Key Personnel and Specialist Sub-consultants

fl-ist under: c-1 Title fand names,if alreadyavailable],activities ofjob descriptions

and working hours of Key Personnel to be assigned to work and
staff-months for each.

c-2 List of approved Specialist Sub-consultants(if akeady available);

sameinformation with respectto their Personnelas in C-l.]

+-

Page 120 of 131

 Appendix D

Breakdown of Contract Price in Foreign Currency

[List hereundercost estimatesin foreign cuffency:

1. (a) Monthly rates for foreign personnel (Key Personnel including Specialist
Subconsultant,if any, and other personnel)

(b) Total Remunerationof Staff (on the basis of monthly rates)

2. Direct costs(non-salarycosts);

Direct Non-salary Costs are such incurred non-salary costs which are directly
allocable to specific engagementsand projects. These costs iuclude but are not
limited to the following:

(i) Provisions for office, light, heat and similar items for working space,costs or
rental for furniture, drafting equipment and engineering instrument and
automobile expenses identifiable to specific projects for which special
facilities other than head office of the finn are arranged.

(ii) Provision for labour or work chargeestablishment.

(iii) Daily and travelling allorvances/expensesof employees, partnerc and

principals wheu away f1o- home/office on business connected with the
project.

(iv) Identifiable cotrrmunication expenses, such as long distance telephone,

telegraph, cable, telex, express charges, and postage other than general
correspondence.

(v) Servicesdirectly applicable to the project such as special legal and accounting
expenses, computer rental and programming costs, special consultants,
borings, laboratory charges, perspectives, renderings, photos, model costs,
commercial printing and binding and similar costs which are not applicable to
the overhead costs, professional liability insurance cover in accordancewith
the provisionsset out in Sub-ClauseGC 3.4.

(vi) Identifiable drafting supplies and office supplies and expensescharged to the
employers work, as distinguished from such supplies and expensesapplicable
to severalprojects.

(vii) Identifiable reproduction cost applicable to the work such as blue printing,
photostating,mimeographing, printing, binding etc.

Pase l2l of 131

 (The detail of the cost estimatesto be provided on the additional pages).

a
J. Sub-total, remunerationand reimbursablenon-salary direct costs: (I + 2)

4. Contingencies, if any

5. Total: (3 + 4)l

4-..-,

Pase122of 131
 Appendix E

Breakdownof ContractPricein Local Currencv

[List hereundercost estimatesin local cuffency:

1. (a) Monthly rates for local Personnel (Key Personnel including Specialist
Subconsultant,if any, and other Personnel);

(b) Total Remunerationof staff (on the basis of monthly rates)

2. Direct costs(non-salarycosts);

Direct Non-salary Costs are such incurred non-salary costs which are directly
allocable to specific engagementsand projects. These costs iuclude but are not
limited to the following:

(r) Provisions for office, light, heat and similar items for working space,costs or
rental for furniture, drafting equipment and engineering instrument and
automobile expenses identifiable to specific projects for which special
facilities other than head office of the finn are arranged.

(ii) Provision for labour or work charse establishment.

(iii) Daily and travelling allorvances/expensesof employees, partners and

principals when arvay from home/office on business corulected with the
project.

(iv) Identifiable cornmunication expenses, such as long distance telephone,

telegraph. cable, telex, express charges, and postage other than general
correspondence.

(v) Servicesdirectly applicable to the project such as special legal and accounting
expenses, computer rental and programming costs, special consultants,
borings, laboratory charges,perspectives,renderings,photos, model costs,
commercial printing and binding and similar costs which are not applicable to
the overhead costs, professional liability insurance cover in accordancewith
the provisionsset out in Sub-ClauseGC3.4.

(vD Identifiable drafting supplies and office supplies and expensescharged to the
employers work, as distinguished from such supplies and expensesapplicable
to severalprojects.

(vii) Identifiable reproduction cost applicable to the work such as blue printing,
photostating,mimeographing,printing, binding etc.

Page123of 131
 (The detail of the cost estimatesto be provided on the additional pages).

a
J. Sub-total,remunerationsand reimbursablenon-salary direct costs: (l + 2).

4. Contingencies,if any

5. Total: (3 + 4)

Notes:

A. Elementsof the salary costs and billing ratesfor the relevant salary gradt:s shtll also
be included in this Appendix.

B. Estimate will include thefollowing items as applicable:

(I) Remuneration, i.e. staff costs based on monthly billing rutes of the stffi and
contingenciesif any, excluding adjustmentof billing rates.

(2) Direct non-salary costs, contingencies,if unv, excluding adjustment of bitting

ratesfor the staff covered under direct co.sl.r.

Each item shall be specified wlrcther it is payable on the basisof (a) lump sum
monthly rate; or (b) reimbursementof'actual expenditures.

(3) Paymentsin respect of any cost (i.e. total remuneration, and total Direct non-
salary cost) which could exce,edthe estimatesset forth in this Appendix may
be chargeable to tlrc contingency amounts provided for in the respective
estimates, only if such costs are approved by the Client prior to being
incurredJ.

Page124 of 131
 Appendix F

Services and Facilities to be Provided bv the Client

and

Counterpart Personnelto be Made Available

to the Consultants by the Client

The client shall make available the followins services and Facilities:

1. Servicesand 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 and property described in this Clause at the tirnes and in the manner
specifiedhereunder:

(a)

(b)

(c) Rent will be chargedby the Client only for the family status accommodation
provided to the Personnel,in the Client'scolonies,at the following rates:

T)zpeof Accommodation Monthly Rent (Rs)

Gt) No rent will be charged for single statusresidencesprovided by the Client to

the Personnel.

2. Lodge Accommodation

If requestedby the Consultants, the Client shall provide lodge accommodation, if

available, to all Personnelof the Consultantsor the Sub-consultantswhen on visit to
various parts of the Project areaor any other station where such facilities or the lodge
accommodation of the Client exists (and provided that the Personnel of the
Consultants or the Sub-consultantsvisit that place in connection with the Project)
under the sameterms and conditions as the Client's staff is entitled.

Page125 of 131
a
J. CounterpartPersonnelto be made available to the Consultants

The Client shall make available to the Consultants, free of charge, the following
counterpartpersonnelin connection with carrying out of the services:

Pase126of 131
 Appendix-G
(Integrity Pact)

DECLARATION OF FEES,COMMISSION AND BROKERAGE ETC.

PAYABLE BY THE SUPPLIERSOF GOODS, SERVICES & WORKS IN
CONTRACTSWORTH RS. IO.OOMILLION OR MORE

Contract No. Dated

Contract Value:
Contract Title:

il";;,r,"p,""",J;";;;;;l":ffiT"l?'ff n",?,'#:'j::
:"ffJ;oJ,T*,1"#1'J:1ffi
benefit from Govemment of Pakistan (GoP) or any administrative subdivision or ilgency
thereof or any other entity owned or controlled by GoP through any comrpt trusinesspractice.

Without limiting the generality of the foregoing, Iname of Supplier] represenrsand warrants
that it has fully declared the brokerage, commission, fees etc. paid or payable to anyone and
not given or agreed to give and shall not give or agree to give to anyone within or outside
Pakistan either directly or indirectly through any natural cr juridical person, including its
affiliate, agenl, associate, broker, consultant, director, pr{)moter', shareholder, sponsor or
subsidiary, any commission, gratification, bribe, finder's fee or kickback, whether described
as consultation fee or otherwise,with the object of obtaining or inducing the procurement of a
contract, right, interest, privilege or other obligation or benefit in whatsoeverform from GoP,
except that which has been expresslydeclaied pursuant hereto.

Iname of Supplier] certifies that it has matle ancl will make full disclosure of all agreements
and arrangementswith all personsin respectof or related to the transactionwith GoP and has
not taken any action or will not take any action to circumvent the above declaration,
representationor warranty.

[name of Supplier] accepts fuil responsibility and strict liability for making any false
declaration, not making full disclosure, misrepresenting facts or taking any action likely to
defeat the purpose ofthis declaration,representationand warranty. It agreesthat any contract,
right, interest, privilege or other obligation or benefit obtained or procured as aforesaid shall,
without prejudice fo any other rights and remedies available to GoP under any law, contract or
other instrurnent, be voidable at the option of GoP.

Notwithstanding any rights and remediesexercised by GoP in this regard, [name of Supplier]
agrees to indemnify GoP for any loss or damage incurred by it on account of its comrpt
businesspractices and further pay compensationto GoP in an amount equivalent to ten time
the sum ol'any commission,gratification,bribe, finder's fee or kickback given by [name of
Supplier] as aforesaid for the purpose of obtaining or inducing the procurement of any
contract, right, interest, privilege or other obligation or benefit in whatsoeverform from GoP.

Name of Buyer: Name of Se

Signature: Signature:
lSeall lSeall
[To be signedby all Membersin caseof JIIJ

4-----
Pase127of 131
 CONTRACT FOR ENGINEERING CONSULTANCY SERVICES

between

(NAME OF THE CLTENT)

and

(NAME OF THE JOINT VENTURE OF THE CONSULTANTS)

for

(BRTEF SCOPE OF SERVTCES)

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)

*--

Page128of 131
 FORM OF CONTRACT

[Note: Use this Form of Contract when the Consultantsperform Servicesas a Joint Venture.

This CONTRACT (hereinafter called the "Contract") is made on the day of_
(month) of (year), between, on the one hand,

(hereinafter called the "Client" which expression shall include the successors. legal
representativesand permitted assigns)and, on the other hand, a joint venture consisting of the
following entities, each of which will be jointly and severally liable to the Client for all the
Consultants'obligations under this Contract,namely:

(hereinafter collectively called the "Consultants" which expression shall include its
successors,legal representativesand permitted assigns).

WHEREAS

(a) the Client has requested the Consultants to provide certain consulting services as
defined in the General Conditions of Contract attached to this Contract (hereinafter
calledthe "Services"):and

(b) the Consultauts, having represented to the Client that they have the required
professional skills. and personneland technical resources,have agreedto provide the
services on the terms and conditions set forth in this contract;

NOW THEREFORE the Partieshereby agreeas follows:

1. The folloi'l'ing documentsattachedhereto shall be deemedto form an integral part of

this Contract:

(a) the General Conditions of Contract;

(b) the Special Conditions of Contract;
(c) the following Appendices:

[Note: If any of these Appendices are not used, the words "Not (Jsed.,,shotrld be
inserted below next to the title of the Appendix and on the sheet attached
hereto carrying the title of that Appendix.J

Appendix A: Descriptionof Services

Page129 of 131
 Appendix B: Reporting Requirements
Appendix C: Key Personneland Sub-consultants
Appendix D: Breakdown of Contract price in Foreign Currency
Appendix E: Breakdown of Contract price in Local Currency
Appendix F: Services& Facilities to be Provided By the Client and
counterpart Personnelto be Made Available to the consultants
by the Client.
Appendix G:Integrity Pact (for ServicesaboveRs. 10 Million)

2. The mutual rights and obligations of the Client and the Consultants shall be as set
forth in the Contract, in particular:

(a) the Consultants shall carry out the Servicesin accordancewith the provisions
of the Contract; and

(b) the Client shall make payrnents to the Consultants il acceirdancewith the
provisions of the Contract.

IN WITNESS WHEREOF, the Parties hereto have causedthis Contract to be signed in their
respective names in two identical parts each of which shall be cleemedas the original, as of
the day, month andyear first above written.

For andon behall'of

CLIENT'S NAME
Witness

Signature Signature
Name Name
Title Title
(Seal)

For and on behalfof

NAME OF THE JOINTVENTUREOF THE CONSULTANTS

#--

Page130of 131
 Name of Member No. I

Witness

Signature Signature
Name Name
Title Title
(Seal)

Name of MemberNo. 2

Witness

Signature Signature
Name Name
Title Title
(Seal)

Narne of Member No. 3

Witness

Signature Signature
Name Name
Title Title
(Seal)

4--

Page131 of131