1.quetta Master Plan RFP Draft1
1.quetta Master Plan RFP Draft1
Table of Contents
NOTICE INVITING TENDER (NIT).............................................................................................................i
SECTION-1: INSTRUCTIONS TO CONSULTANTS.....................................................................................3
SECTION-2: DATA SHEET........................................................................................................................15
SECTION-3: STANDARD FORMS FOR TECHNICAL PROPOSAL.............................................................26
SECTION-4: STANDARD FORMS FOR FINANCIAL PROPOSAL..............................................................35
SECTION-5: TERMS OF REFERENCE (ToRs)..........................................................................................44
SECTION-6: CONTRACT...........................................................................................................................56
Part-I: General Conditions........................................................................................................56
Part-II: Special Conditions........................................................................................................79
Part-III: Appendices..................................................................................................................85
Table of Contents
ii
RFP FOR QUETTA MASTER PLAN (DRAFT COPY)
Instructions to Consultants
1. Definitions
a) “Procuring Agency (PA)” means the department with which the selected Consultant
signs the Contract for the Services.
b) “Consultant” means a professional who can study, design, organize, evaluate and
manage projects or assess, evaluate and provide specialist advice or give technical
assistance for making or drafting policies, institutional reforms and includes private
entities, consulting firms, legal advisors, engineering firms, construction managers,
management firms, procurement agents, inspection agents, auditors, international
and multinational organizations, investment and merchant banks, universities,
research institutions, government agencies, nongovernmental organizations, and
individuals
c) “Contract” means an agreement enforceable by law and includes General and Special
Conditions of the contract.
d) “Data Sheet” means such part of the Instructions to Consultants that is used to reflect
specific assignment conditions.
h) “LOI” (Section 1 of the RFP) means the Letter of Invitation sent by the procuring
agency to the Consultant.
j) “RFP” means the Request for Proposal prepared by the procuring Agency for the
selection of Consultants.
l) “Terms of Reference” (TOR) means the document included in the RFP as Section 5
which explains the objectives, scope of work, activities, tasks to be performed,
respective responsibilities of the procuring agency and the Consultant, and expected
results and deliverables of the assignment.
2. Introduction 2.1 The Procuring agency named in the Data Sheet will select a
consulting firm/organization (the Consultant) from those listed in
the Letter of Invitation, in accordance with the method of selection
specified in the Data Sheet.
2.4 Consultants shall bear all costs associated with the preparation
and submission of their proposals and contract negotiation. The
Procuring Agency reserves the right to annul the selection process at
any time prior to Contract award, without thereby incurring any
liability to the Consultants.
ii. They are not being hired by the agency they were working
for, six months prior to going on leave; and
6. Eligible 6.1 Short listing process has been undertaken through Request of
Consultants Expression of Interest (REOI), for the Contract for which these RFP
documents are being issued; those firms - in case of Joint Ventures
with the same partner(s) and Joint Venture structure - that had been
short listed are eligible.
9. Proposal Validity 9.1 The Data Sheet indicates Proposals validity that shall not be more
than 90 days. During this period, Consultants shall maintain the
availability of Professional staff nominated in the Proposal. The
Procuring Agency will make its best effort to complete negotiations
within this period. Should the need arise; however, the Procuring
Agency may request Consultants to extend the validity period of
their proposals. Consultants who agree to such extension shall
confirm that they maintain the availability of the Professional staff
nominated in the Proposal, or in their confirmation of extension of
validity of the Proposal, Consultants may submit new staff in
replacement, which would be considered in the final evaluation for
contract award. Consultants who do not agree have the right to
refuse to extend the validity of their Proposals.
10. Clarification 10.1 Consultants may request for a clarification of contents of the
and Amendment in bidding document in writing, and procuring agency shall respond to
RFP Documents such queries in writing within three calendar days, provided they are
received at least five calendar days prior to the date of opening of
proposal. The procuring agency shall communicate such response to
all parties who have obtained RFP document without identifying the
Section-1: Instructions to Consultants
7
RFP FOR QUETTA MASTER PLAN (DRAFT COPY)
12. Language The Proposal as well as all related correspondence exchanged by the
Consultants and the Procuring Agency shall be written in English
However it is desirable that the firm’s Personnel have a working
knowledge of the national and regional languages of Islamic Republic
of Pakistan.
13. Technical 13.1 While preparing the Technical Proposal, consultants must give
Proposal Format particular attention to the following:
and Content
(i) If a consultant considers that it does not have all the expertise for
the assignment, it may obtain a full range of expertise by associating
with individual consultant(s) and/or other firms or entities in a joint
venture or sub- consultancy, as appropriate. The international
consultants are encouraged to seek the participation of local
consultants by entering into a joint venture with, or subcontracting
part of the assignment to, national consultants.
(v) Alternative professional staff shall not be proposed, and only one
curriculum vitae (CV) shall submit for each position.
(iii) The list of the proposed staff team by specialty, the tasks that
would be assigned to each staff team member, and their timing
(Section 3E).
(iv) CVs recently signed by the proposed professional staff and the
authorized representative submitting the proposal (Section 3F). Key
information should include number of years working for the
consultant and degree of responsibility held in various assignments
during the last 10 years.
(v) Estimates of the total staff input (professional and support staff;
staff time) needed to carry out the assignment, supported by bar
chart diagrams showing the time proposed for each professional
staff team member (Sections 3E and 3G).
15. Taxes 15.1 The Consultant will be subject to all admissible taxes including
stamp duty and service charges at a rate prevailing on the date of
contract agreement unless exempted by relevant tax authority.
16.3 The original and all copies of the Technical Proposal shall be
placed in a sealed envelope clearly marked “TECHNICAL PROPOSAL”
Similarly, the original Financial Proposal (if required under the
selection method indicated in the Data Sheet) shall be placed in a
sealed envelope clearly marked “FINANCIAL PROPOSAL” followed by
name of the assignment, and with a warning “DO NOT OPEN WITH
THE TECHNICAL PROPOSAL.” If the Financial Proposal is not
submitted in a separate sealed envelope duly marked as indicated
above, this will constitute grounds for declaring the Proposal non-
responsive.
16.4 The Proposals must be sent to the address indicated in the Data
Sheet and received by the PA no later than the time and the date
Section-1: Instructions to Consultants
10
RFP FOR QUETTA MASTER PLAN (DRAFT COPY)
19. Evaluation of 19.1 Financial Proposals shall be opened publicly in the presence of
Financial Proposals the Consultants’ representatives who choose to attend. The name of
the Consultants and the technical scores of the Consultants shall be
read aloud. The Financial Proposal of the Consultants who met the
minimum qualifying mark will then be inspected to confirm that they
have remained sealed and unopened. These Financial Proposals shall
be then opened, and the total prices read aloud and recorded. Copy
of the record shall be sent to all Consultants.
19.3 The lowest evaluated Financial Proposal (Fm) will be given the
maximum financial score (Sf) of 100 points. The financial scores (Sf)
of the other Financial Proposals will be computed as indicated in the
Data Sheet. Proposals will be ranked according to their combined
technical (St) and financial (Sf) scores using the weights (T = the
weight given to the Technical Proposal; P = the weight given to the
Financial Proposal; T + P = 1) indicated in the Data Sheet: S = St x T%
+ Sf x P%. The firm achieving the highest combined technical and
financial score will be invited for negotiations.
20. Negotiations 20.1 Negotiations will be held at the date and address indicated in
the Data Sheet. The invited Consultant will, as a pre-requisite for
attendance at the negotiations, confirm availability of all Professional
staff. Failure in satisfying such requirements may result in the PA
proceeding to negotiate with the next-ranked Consultant.
Representatives conducting negotiations on behalf of the Consultant
must have written authority to negotiate and conclude a Contract.
21. Technical 21.1 Technical Negotiations will include a discussion of the Technical
negotiations Proposal, the proposed technical approach and methodology, work
plan, organization and staffing, and any suggestions made by the
Consultant to improve the Terms of Reference. The PA and the
Consultants will finalize the Terms of Reference, staffing schedule,
work schedule, logistics, and reporting. These documents will then
be incorporated in the Contract as “Description of Services”. Minutes
of negotiations, which will be signed by the PA and the Consultant,
will become part of Contract Agreement.
23. Availability of 23.1 Having selected the Consultant on the basis of, among other
Professional things, an evaluation of proposed Professional staff, the PA expects to
staff/experts negotiate a Contract on the basis of the Professional staff named in
the Proposal. Before contract negotiations, the PA will require
assurances that the Professional staff will be actually available. The
PA will not consider substitutions during contract negotiations
unless both parties agree that undue delay in the selection process
makes such substitution unavoidable or for reasons such as death or
medical incapacity. If this is not the case and if it is established that
Professional staff were offered in the proposal without confirming
their availability, the Consultant may be disqualified. Any proposed
substitute shall have equivalent or better qualifications and
experience than the original candidate and be submitted by the
Consultant within the period of time specified in the letter of
invitation to negotiate.
24. Award of 24.1 After completing negotiations, the Procuring Agency shall
Contract award the Contract to the selected Consultant and within seven days
of the award of contract, Procuring Agency shall publish on the
website of the Authority and on its own website, if such a website
exists, the result of the bidding process, identifying the bid through
procuring identifying number, if any and the following information,
evaluation report, form of contract and letter of award, bill of
quantity or schedule of requirement, as the case may be.
DATA SHEET
The following specific data for the Works to be bid shall complement, amend, or supplement the
provisions in the Instructions to Consultants. Wherever there is a conflict, the provisions herein
shall prevail over those in the Instructions to Bidders and wherever there is a conflict with
BPPRA, BPPRA shall prevail. Also, words PPRA 2013 should be replaced with BPPRA 2014.
Clause No Description
2.1 Name of the Assignment is Quetta Master Plan
The Name of the Procurement Agency’s official (s) Director Town Planning
Replace “PPRA 2013” with “BPPRA 2014” and “Rule 35 of PPRA” with “Rule 23 of
4
BPPRA”
10.1 Clarifications may be requested not later than five (05) days before the submission
date. The address for requesting clarifications is: same as provided in Clause 2.1
Section-2: Data Sheet
15
RFP FOR QUETTA MASTER PLAN (DRAFT COPY)
above
The Proposal as well as all related correspondence exchanged by the Consultants and
the Procuring Agency shall be written in English however, it is desirable that the
12
firm’s Personnel have a working knowledge of the national and regional languages of
Islamic Republic of Pakistan.
Consultant must submit the original and one (01) copy of the Technical Proposal,
16.2
and the original of the Financial Proposal
The Proposal submission address is: same as
15th November 2019 at 1400
16.4 provided in Clause 2.1 above Proposals must be
hrs.
submitted not later than:
18.1 Criteria, sub-criteria, and point system for the evaluation of Technical Proposals are:
Points
Specific experience of the Consultants
(i) relevant to the assignment: i.e. city master [0 - 20]
planning
Weightage
Technical 80%
Financial 20%
20.1 Expected date and address for contract negotiations To be notified to
successful
consultants
24.2 Successful consultant is required to submit performance 10%
security in form of pay order, demand draft or bank
guarantee or AA Rating insurance company
24.3 Expected date for commencement of consulting services: To be notified to
the successful
consultant
FORM TECH-1
FIRM’S REFERENCE
Relevant Services Executed in the Last Five Years Which Best Illustrate Qualifications
Using the format below, provide information on each reference assignment for which
your firm, either individually as a corporate entity or as one of the major companies
within a consortium, was largely contracted.
FORM TECH-2
FORM TECH-3
1. ________________________________________________________________
2. ________________________________________________________________
3. ________________________________________________________________
4. ________________________________________________________________
5. ________________________________________________________________
6. ________________________________________________________________
Etc.
On the data, services and facilities to be provided by the Client indicated in the TOR:-
1. ________________________________________________________________
2. ________________________________________________________________
3. ________________________________________________________________
4. ________________________________________________________________
FORM TECH-4
2. Name of Firm: :
3. Name of Staff: : _
4. Profession: :
5. Date of Birth: :
6. Nationality: :
7. Membership in Professional Societies: :
7. Key Qualifications: :
[Give an outline of staff member’s experience and training most pertinent to tasks on
assignment.]
9. Education: :
[Starting with present position, list in reverse order every employment held. List all
positions held by staff member since graduation, giving dates, names of employing
organizations, title of positions held and location of assignments.].
11. Languages:
I, the undersigned, certify that to the best of my knowledge and belief, these bio-
data correctly describe myself, my qualifications and my experience.
Section-2: Data Sheet
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RFP FOR QUETTA MASTER PLAN (DRAFT COPY)
FORM TECH-5
1 2 3 4 5 6 7 n
FORM TECH-6
Reports Program
FORM TECH-7
No of
1 2 3 4 5 6 7 8 9 10 11 12
FORM TECH-8
1. Key Personnel
Name Position Task Assignment
2. Support Staff
Name Position Task Assignment
Form 1
Project: Firm:
Name Position Basic Social Overhea Sub- Total Fee Rate per Field Rate per
Salary Charges (1+2+3) (% age Month Allow. (% Month for
per Cal. (% age of d (% age of 4) for age of 1) Field Work
Month 1) of 1+2) project
Office
Notes:
Item No. 1: Basic salary shall include actual gross salary before deduction
of taxes. Payroll sheet for each proposed personnel should be
submitted at the time of negotiations.
Item No. 5 Fee shall include company profit and share of salary of
partners and directors (if not billed individually for the
project) or indicated in overhead costs of the Company
Item No. 7 Normally payable only in case of field work under hard and
arduous conditions
Name: _______________________________________________________________________
Signature: _______________________________________________________________________
Title: _______________________________________________________________________
Sub-Total
Sub-Total:
1
2
3
4
5
6
7
Note: No direct costs shall be admissible as impact of said cost has already been
included in overhead in form-3. Only details be furnished which is
mandatory.
Form 6
Millions
Design Construction
S.No. Description Amount (Rs.)
Phase Supervision Phase
1. Salary
Cost/Remuneration
2. Direct (Non-salary) N/A N/A N/A
Cost
3. Contingencies N/A N/A N/A
4. Grand Total
Dated / /
[Form 6 shall be submitted on Company letter head and signed by Chief Executive or
Authorized Agent]
1) PROJECT BACKGROUND
The name Quetta originates form the Pashto word Kwatta which means a fort. In the
beginning, the town was situated within the walls of fort “A Miri” which is now used as an
arsenal.
Till the middle of the eighteenth century, the history of Quetta district is identical with the
history of Kandahar. In the eleventh century it was part of the Graeco-Bactrian Empire.
After that it remained under the kingdom of the Amir Sabuktagain and Mahmood Ghaznavi
till the thirteenth century. In 1470, the Kandahar was succeeded by Timur. Between 1530
and 1545, the province of Kandahar was in the possession of Mirza Kamran (the brother of
a Mughal ruler). In 1622 the Kingdom was brought under the sway of the Safavid dynasty
and remained there until 1709. Later Ghilzai came into power and ruled the area.
Thereafter, Quetta was transferred to Nadir. Later on history relates that Ahmed Shah
Durrani finally conferred Quetta to the Khan of Kalat as a shall (present).
The British Government occupied Quetta during the first Afghan war in 1839. Just after
three years, in 1842, it came back into the hands of Khan of Kalat. Due to its strategic
importance, it was preoccupied by Sir Robert Sandeman in 1876.
On 26 may, 1876, a treaty was signed by Amir Yaqoob Khan of Afghanistan with the British
Government at Gandamak. Thus the conflict which emerged as a result of the first and
second Afghan war came to an end.
In 1883, Quetta was formed into a separate single administrative unit (Quetta – Pishin
district). Due to its geo-strategic importance, the British built Quetta as a garrison town.
They extended the roads and railway network to Afghanistan and Iran. This situation
remained unchanged till the partition of the Sub-continent in 1947.
Under the one-unit system from 1955 to 1970, Quetta and Kalat were the administrative
units in West Pakistan. After abolishing the unitary system, Quetta was declared as Capital
of Balochistan. Till 1975, Quetta and Pishin were a single administrative unit. In that year
Pishin was declared a separate district.
Very little is known about the human settlement in the district. However, it is certain that
the Afghans and Brahuis are recent immigrants. The Pushtoons appear to have entered the
district from the north east, emigrating from their home round the Takht-i-Sulaman. Kasis
(A branch of Afghan) are said to have migrated from their home around the Takht-e-
Sulaman about eight centuries ago. They made their first settlement at Samil, a village near
Quetta city. The Brahuis are an offshoot from the Kalat territory and their presence in the
district dates back to the eighteenth century.
With the passage of time, Quetta began to expand and soon it turned into a beautiful small
town. The British paid special attention to its cleanliness. However, 31 May, 1935 was a
black day in the history of Quetta. An earthquake destroyed Quetta city completely. The
cantonment area survived to a great extent.
The reconstruction started soon after. Till 1947 Quetta was a small town. People used to
call it small London. But rapid population growth in terms of rural- urban migration, and
influx of Indian refugees increased the population at Quetta. Influx of Afghan refugees
during the 1980s helped the slums to grow. New settlement in the form of housing schemes
emerged at Satellite Town, Jinnah Town, Samungli Town, Model Town and Shahbaz Town.
In Kachi Abadies, slums also begun to develop. The process of settlement continues. Now
Quetta has turned into an over-populated city.
There are some mounds and karezes of ancient time in the district. The most important
archaeological site is a Quetta Miri (a mass of indurated clay). The base of Miri is 183 meter
long by 122 meter wide and rises 24.4 meter above the plain. The Miri is now used as an
Arsenal. Among other noticeable mounds are one between Panjpai and Muhammad Khel.
Beside, some karezes of archaeological interest are found at Kirani, Sariab and Kachi Baig.
Topography
Quetta district lies between 30° – 03 and 30° – 27’ N and 66° – 44 and 67° – 18’ E. the total
geographical area of Quetta district is 2653 Km².
The general character if the district is mountainous. The hill ranges are fairly uniform in
character consisting of long central ridges form which frequent spurs descend. These spurs
are intersected by innumerable gorges and torrent beds. They vary in elevation from about
1,254 to 3,500 meters. The Mashlakh, the Chiltan, the Murdar and Zarghaoon are the
important mountain ranges in the district. Quetta lies in the active seismic region; therefore
earthquakes occur from time to time. The worst earthquake occurred in May 1935, when a
large part of Quetta was destroyed and 60,000 people died, as recent as February 1997
seven earthquakes (7.1 on rector scale hit Baluchistan).
There is no perennial river in the district. The Quetta Lora comes out near Sariab and
traverses the western side of the Quetta valley. This Lora carries rain and waste water near
Baleli and continues northward through the Kuchlak valley. Water of Quetta Lora is used
for irrigation in villages like Khazi Samungli and Nohsar.
Hanna stream is the important source of drinking and irrigation water in the district. It
rises in the western slopes of the Zarghoon range near Urak, about 21 Km north east of
Quetta. It enters the Quetta valley near the Staff College and drains its northern parts. The
Hanna stream is joined by the Sora Khula and Ghundak Rud Nalla above Sheikmanda
village.
Climate
The climate of the district is generally dry. Fairly arid climate prevails in the Quetta valley.
The district is situated at an altitude of 1,700 meter. Therefore, the weather is extremely
dry. The winter is very cold and the minimum temperature ranges “between” -15 to -7
degree Celsius.
The district lies outside the range of the monsoon currents and the rain fall is scanty and
irregular. The average annual rainfall for Quetta city is 226 mm, whereas in the Hanna area,
the average is about 312mm. in the spring and summer seasons there is very little rainfall.
The heaviest rainfall and snowfall occurs in January and February.
The mean maximum and minimum temperature and the precipitation during various
months of the years, recorded at Samungli Quetta.
According to the information supplied by the Meteorological Department, the total annual
mean rainfall during 1983-95 has been 308.2 mm, ranging from 143.2 mm, in the month of
June to 68.5 mm in the month of March.
The average maximum annual temperature during 1983-95 has been 24.5 °C, ranging from
11.36 to 35.9 °C. The average minimum annual temperature has been 8.5 °C during the
above mentioned period ranging from-0.7 to 20.5 °C.
Soils
The soils of Quetta district may be described by four main units’ i.e. (1) piedmont plains
(very deep and well-drained soil) (2) piedmont basins (3) Salinity and alkalinity (4)
Gravelly piedmont fans and aprons bordering the mountains and loess plains. Each
physiographic unit is different in parent material.
The central part of the Quetta valley is covered by a soil that ranges from sandy loam to silt
loam. This type is soil is good for crop production. At the margin of the valley near foothills,
the soil consists of sandy loam, mixed with pebbles and rock fragments and is suitable for
vegetation.
In the Hanna valley, the greater part of the valley floor is covered by barren rock out crops
of low relief and dry mala bed, the soil is restricted to the narrow banks and low terraces
along the main stream. This type of soil is highly suitable for orchards. The soil of Panjpai
plain is alluvial and the skirts of the hills are stony which are suitable for crops but due to
scarcity of water, the area potential of agricultural production is not fully exploited.
However, the nature of soil in Baleli is silty clay which is not suitable for cultivation.
Similarly the Chiltan Surface has soils that are predominantly gravelly loams. The
vegetation on these soils is mainly Haloxylon which provide poor grazing for livestock. In
the Sra Khulla and Ghundak Rud valleys, there is hardly any soil cover; therefor it bears a
very thin and scattered growth of wild bushes and shrubs.
As for soil erosion, both stream erosion of soil and wind erosion are occurring in the
district. The stream erosion takes place in the piedmont plain along the banks and beds of
streams. Such streams are Sariab Lora. Hanna River and Habib Nalla near Hudda. The wind
erosion occurs in the valley
In order to coordinate all the future activities, a comprehensive Integrated Master Plan of
Quetta City is required to ensure that there are no future conflicts in land use and avoids
wastage of scarce sources. The proposed Master Plan will provide guideline in the short
term (2025), medium term (2035) and long term (2050) scenarios for:
i) Land use
v) Economic development
vii) Tourism
Based on a review of past and present data, the consultant will forecast/project
realistic future scenarios, sectoral trends and accordingly estimate the demand
for services on a short-term, medium-term and long-term basis.
Development of alternative plans including a treatment of revenue generation
over the medium and long term to support the growth of the City
Analysis of alternative plans
Preliminary designing and cost estimation
Economic and financial analysis
Selection of optimal alternative plan (if any)
Exploring different modes of financing (e.g Public Private Partnership PPP)
Identification of short-term, medium-term and long-term industries/sectors to
support, including justification
Identification of optimal areas for public investment in order to maximize
economic returns on investment
Energy
Translation of national and provincial energy policies into local/ sectoral plans
(including treatment of transmission and distribution infrastructure)
Energy production plans
Sustainable/renewable energy options/ innovative solutions for energy crises
Regulations and manual for energy efficient building design and standards
Regulatory Interventions
This analysis must be holistic, measurable and inclusive and must draw upon
current global trends and best practices
The analysis must also be developed while maintaining the local/national context
Specific regulations for each sector of urban planning. Formulation of
complimentary documents with the master plan like urban design manual, rules
and regulations etc.
Proposal for relevant departments, government lined departments, agencies in
the city to improve overall working for the city (including a review of the current
bodies and agencies)
Environment
Socio-economic impact
Community participation and communication strategy Stakeholder identification
and consultation
Focused group discussions, community outreach planning and programming
Policy formulation to empower residents and ensure the uplift of the local
population Positioning Quetta as an attractive destination for human capital and
as a lifestyle destination
Hazard based categorization for construction suitability and land use planning
Disaster management plans
Disaster Risk Management (DRM) framework and contingency planning plus
regulations and guidelines for earthquake resistant buildings
Security systems development for vulnerable areas
Land Acquisition and Land Leasing Bye-laws/multiple ownership regulations for
high rise (condominium ownership laws and their framework)
Institutional Framework
3) DELIVERABLE
The consultant shall submit the output reports as per above scope of work. The review
assistance will be required at following stages;
1. Inception and survey report 3 Month Hard copies: 5 with soft copy
4. Draft Reports on integrated Quetta 8 Months Hard copies: 15 with soft copy
Master Plan
5. Final Reports on integrated Quetta 4 Months Hard copies: 50 with soft copy
Master Plan
SECTION-6: CONTRACT
Section-6: Contact,
Part-I: General Conditions
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RFP FOR QUETTA MASTER PLAN (DRAFT COPY)
TABLE OF CONTENTS
Page No.
1. FORM OF CONTRACT 1
1. GENERAL PROVISIONS 3
1.1 Definitions 3
1.2 Law Governing the Contract 4
1.3 Language 4
1.4 Notices 4
1.5 Location 4
1.6 Authorized Representatives 4
1.7 Taxes and Duties 5
1.8 Leader of Joint Venture 5
3.1 General 9
3.2 Consultants Not to Benefit from Commissions, Discounts, etc. 10
3.3 Confidentiality 10
3.4 Liability of the Consultants 10
3.5 Other Insurance to be Taken out by the Consultants 11
3.6 Consultants' Actions Requiring Client's Prior Approval 11
3.7 Reporting Obligations 11
3.8 Documents Prepared by the Consultants to be the Property
of the Client 11
3.9 Equipment and Materials Furnished by the Client 12
Section-6: Contact,
Part-I: General Conditions
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RFP FOR QUETTA MASTER PLAN (DRAFT COPY)
7. SETTLEMENT OF DISPUTES 16
8. INTEGRITY PACT 17
IV APPENDICES 24
Section-6: Contact,
Part-I: General Conditions
59
RFP FOR QUETTA MASTER PLAN (DRAFT COPY)
Section-6: Contact,
Part-I: General Conditions
60
RFP FOR QUETTA MASTER PLAN (DRAFT COPY)
between
and
____________________________________________________
(NAME OF THE CONSULTANTS)
for
OCTOBER, 2019
Section-6: Contact,
Part-I: General Conditions
61
RFP FOR QUETTA MASTER PLAN (DRAFT COPY)
FORM OF CONTRACT
[Notes: 1. Use this Form of Contract when the Consultants perform Services as Sole
Consultants.
2. In case the Consultants perform Services as a Member of the joint venture, use
the Form included at the end.
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
representatives and permitted assigns) and, on the other hand,
__________________________________________________________________ (hereinafter called the
"Consultants" which expression shall include the successors, legal representatives and
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
called the "Services"); and
(b) the Consultants, having represented to the Client that they have the required
professional skills, and personnel and technical resources, have agreed to provide
the Services on the terms and conditions set forth in this Contract;
1. The following documents attached hereto shall be deemed to form an integral part
of this Contract:
[Note: If any of these Appendices are not used, the words "Not Used" should be
inserted below/next to the title of the Appendix and on the sheet attached
hereto carrying the title of that Appendix.]
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 Services in accordance with the provisions
of the Contract; and
(b) the Client shall make payments to the Consultants in accordance with the
provisions of the Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their
respective names in two identical counterparts, each of which shall be deemed as the
original, as of the day, month and year first above written.
_________________________
Witness (CLIENT)
(Seal)
_________________________
Witness (CONSULTANTS)
(Seal)
Section-6: Contact,
Part-I: General Conditions
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RFP FOR QUETTA MASTER PLAN (DRAFT COPY)
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 instruments having the force
of law in the Islamic Republic of Pakistan, as those may be issued and in force
from time to time;
(b) "Contract" means the Contract signed by the Parties, to which these General
Conditions of Contract (GC) are attached, together with all the documents
listed in Clause 1 of such signed Contract;
(c) "Contract Price" means the price to be paid for the performance of the
Services, in accordance with Clause 6;
(d) "Effective Date" means the date on which this Contract comes into force and
effect pursuant to Sub-Clause 2.1;
(g) "Foreign Currency" means currency other than the currency of Islamic
Republic of Pakistan.;
(h) "Local Currency" means the currency of the Islamic Republic of Pakistan;
(i) "Member" in case the Consultants consist of a joint venture of more than one
entity, means any of the entities, and "Members" means all of these entities;
(j) "Party" means the Client or the Consultants, as the case may be, and "Parties"
means both of them;
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(l) "SC" means the Special Conditions of Contract by which the GC are amended
or supplemented;
(n) "Sub consultant" means any entity to which the Consultants subcontract any
part of the Services in accordance with the provisions of 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
services are desired.
This Contract, its meaning and interpretation, and the relation between the Parties
shall be governed by the Applicable Law.
1.3 Language
This Contract has been executed in the English language which shall be the binding
and controlling language for all matters relating to the meaning or interpretation of
this Contract. All the reports and communications shall be in the English language.
1.4 Notices
Any notice, request, or consent made pursuant to this Contract shall be in writing
and shall be deemed to have been made when delivered in person to an Authorized
Representative of the Party to whom the communication is addressed, or when sent
by registered mail, telex, or facsimile to such Party at the address of the Authorized
Representatives specified under Sub-Clause SC 1.6. A Party may change its address
for notice hereunder by giving the other Party notice of such change.
1.5 Location
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Unless specified in the SC, the Consultants, Sub consultants, and their Personnel
shall pay such taxes, duties, fees, and other impositions as may be levied under the
Applicable Law, the amount of which is deemed to have been included in the
Contract Price.
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 designate the Member named in the SC to act as leader of
the Joint Venture, for the purpose of receiving instructions from the Client.
This Contract shall come into force and effect on the date (the "Effective Date") of
the Client's notice to the Consultants instructing the Consultants to begin carrying
out the Services. This notice shall confirm that the effectiveness conditions, if any,
listed in the SC have been met.
If this Contract has not become effective within such time period after the date of
the Contract signed 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, neither Party shall have any claim against the other Party except for the work
(if any) already done or costs already incurred by a Party at the request of the other
Party.
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.
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Unless terminated earlier pursuant to Sub-Clause 2.9, this Contract shall expire
when, pursuant to the provisions hereof, the Services have been completed and the
payments 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
extended time as may be allowed under Sub-Clause 2.6.
2.5 Modification
Modification of the terms and conditions of this Contract, including any modification
of the scope of the Services or of the Contract Price, may only be made in writing,
which shall be signed by both the Parties.
(a) the Consultants shall inform the Client of the circumstances and probable
effects;
(c) the Client shall extend the time for Completion of the Services accordingly.
2.7.1 Definition
(a) For the purposes of this Contract, "Force Majeure" means an event which is
beyond the reasonable control of a Party and which makes a Party's
performance of its obligations under the Contract impossible or so
impractical as to be considered impossible under the circumstances, and
includes, but is not limited to, war, riots, civil disorder, earthquake, fire,
explosion, storm, flood or other adverse weather conditions, strikes, lockouts
or other industrial actions (except where such strikes, lockouts or other
industrial actions are within the power of the Party invoking Force Majeure
to prevent), confiscation or any other action by government 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 consultants or
agents or employees, nor (ii) any event which a diligent Party could
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reasonably have been expected to both (A) take into account at the time of
the conclusion of this Contract and (B) avoid or overcome in the carrying out
of its obligations hereunder.
(c) Force Majeure shall not include insufficiency of funds or failure to make any
payment required hereunder.
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 reasonable precautions, due care and reasonable alternative
measures in order to carry 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
occurrence of such an event.
Any period within which a Party shall, pursuant to this Contract, complete any
action or task, shall be extended for a period equal to the time during which such
Party was unable to perform such action as a result of Force Majeure.
2.7.4 Payments
During the period of their inability to perform the Services as a result of an event of
Force Majeure, the Consultants shall be entitled to continue to be paid under the
terms of this Contract, as well as to be reimbursed for additional costs reasonably
and necessarily incurred by them during such period for the purpose of the Services
and in reactivating the Services after the end of such period.
The Client may, by written notice of suspension to the Consultants, suspend all
payments to the Consultants hereunder if the Consultants fail to perform any of
their obligations under this Contract, including the carrying out of the Services,
provided that such notice of suspension (i) shall specify the nature of the failure,
and (ii) shall request the Consultants to remedy such failure within a period not
exceeding thirty (30) days after receipt by the Consultants of such notice of
suspension.
2.9 Termination
The Client may terminate this Contract, by not less than thirty (30) days written
notice of termination to the Consultants, to be given after the occurrence of any of
the events specified in paragraphs (a) through (e) of this Sub-Clause 2.9.1 and sixty
(60) days' in the case of the event referred to in paragraph (f):
(b) if the Consultants become (or, if the Consultants consist of more than one
entity, if any of their Members becomes) insolvent or bankrupt or enter into
any agreements with their creditors for relief of debt or take advantage of
any law for the benefit of debtors or go into liquidation or receivership
whether compulsory or voluntary;
(c) if the Consultants fail to comply with any final decision reached as a result of
arbitration proceedings pursuant to Clause 7 hereof;
(d) if the Consultants submit to the Client a statement which 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 unable to perform a
material portion of the Services for a period of not less than sixty (60) days;
(f) if the Client, in its sole discretion, decides to terminate this Contract.
The Consultants may terminate this Contract, by not less than thirty (30) days
written notice to the Client, such notice to be given after the occurrence of any of the
events specified in paragraphs (a) through (d) of this Sub-Clause 2.9.2:
(a) if the Client fails to pay any monies due to the Consultants pursuant to this
Contract and not subject to dispute pursuant to Clause 7 within forty-five
(45) days after receiving written notice from the Consultants that such
payment is overdue;
(b) if the Client is in material breach of its obligations pursuant to this Contract
and has not remedied the same within forty-five (45) days (or such longer
period as the Consultants may have subsequently approved in writing)
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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
material portion of the Services for a period of not less than sixty (60) days;
(d) if the Client fails to comply with any final decision reached as a result of
arbitration proceedings pursuant to Clause 7 hereof.
Upon termination of this Contract pursuant to Sub-Clauses 2.9.1 or 2.9.2, the Client
shall make the following payments to the Consultants:
(b) except in the case of termination pursuant to paragraphs (a) through (d) of
Sub-Clause 2.9.1, reimbursement of any reasonable cost incidental to the
prompt and orderly termination of the Contract, including the cost of the
return travel of the Personnel, according to Consultants Traveling Allowance
Rules.
In order to compute the remuneration for the part of the Services satisfactorily
performed prior to the effective date of termination; the respective remunerations
shall be proportioned.
If either Party disputes whether an event specified in paragraphs (a) through (e) of
Sub-Clause 2.9.1 or in paragraph (a) through (d) of Sub-Clause 2.9.2 hereof has
occurred, such Party may, within forty-five (45) days after receipt of notice of
termination from the other Party, refer the matter to arbitration pursuant to Clause
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7 hereof, and this Contract shall not be terminated on account of such event except
in accordance with the terms of any resulting arbitral award.
The Consultants shall perform the Services and carry out their obligations with all
due diligence, efficiency, and economy, in accordance with generally accepted
professional techniques and practices, and shall observe sound management
practices, and employ appropriate advanced technology and safe methods. The
Consultants shall always act, in respect of any matter relating to this Contract or to
the Services, as faithful advisers to the Client, and shall at all times support and
safeguard the Client's legitimate interests in any dealings with Sub consultants or
third parties.
3.3 Confidentiality
The Consultants, their Sub consultants, and the Personnel of either of them shall not,
either during the term or after the expiration of this Contract, disclose any
proprietary or confidential information relating to the Project, the Services, this
Contract, or the Client's business or operations without the prior written consent of
the Client.
The Consultants are liable for the consequence of errors and omissions on their part
or on the part of their employees in so far as the design of the Project is concerned
to 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
omissions in the design of a project, the Consultants shall make good such losses or
damages, subject to the conditions that the maximum liability as aforesaid shall not
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exceed twice the total remuneration of the Consultants for design phase in
accordance with the terms of the Contract.
The liability of the Consultants expires after one (1) year from the stipulated date of
completion of construction or after three (3) years from the date of final completion
of the design whichever is earlier.
The Consultants shall, at the request of the Client, indemnify the Client against any
or all risks arising out of the furnishing of professional services by the Consultants
to the Client, not covered by the provisions contained in the first para above and
exceeding the limits set forth in second para above provided the actual cost of
procuring such indemnity as well as costs exceeding the limits set forth in fourth
para above shall be borne by the Client.
The Consultants (a) shall take out and maintain, and shall cause any Sub consultants
to take out and maintain, at their (or the Sub consultants', as the case may be) own
cost but on terms and conditions approved by the Client, insurance against the risks,
and for the coverage, as are specified in the SC; and (b) at the Client's request, shall
provide evidence to the Client showing that such insurance has been taken out and
maintained and that the current premiums have been paid.
The Consultants shall obtain the Client's prior approval in writing before taking any
of the following actions:
(a) appointing such Personnel as are listed in Appendix-C merely by title but not
by name;
(b) entering into a subcontract for the performance of any part of the Services, it
being understood (i) that the selection of Sub consultants and the terms and
conditions of the subcontract shall have been approved in writing by the
Client prior to the execution of the subcontract, and (ii) that the Consultants
shall remain fully liable for the performance of the Services by the Sub
consultants and its Personnel pursuant to this Contract;
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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.
All plans, drawings, specifications, reports, and other documents and software
prepared by the Consultants in accordance with Sub-Clause 3.7 shall become and
remain the property of the Client, and the Consultants shall, not later than upon
termination or expiration of this Contract, deliver (if not already delivered) all such
documents and software to the Client, together with a detailed inventory thereof.
The Consultants may retain a copy of such documents and software.
Restriction(s) about the future use of these documents is specified in the SC.
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 representatives periodically, 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 appointed by the Client.
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The titles, agreed job descriptions, minimum qualifications, and estimated periods
of engagement in the carrying out of the Services of the Consultants' Key Personnel
are described in Appendix C. The Key Personnel and Sub consultants listed by title
and/or by name, as the case may be, in Appendix C are deemed to be approved by
the Client.
(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 necessary to 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 have committed serious
misconduct or have been charged with having committed a criminal action;
or (ii) has reasonable cause to be dissatisfied with the performance of any of
the Personnel, then the Consultants shall, at the Client's written request
specifying the grounds therefor, provide as a replacement a person with
qualifications and experience acceptable to the Client.
(c) Except as the Client may otherwise agree, the Consultants shall; (i) bear all
the additional travel and other costs arising out of or incidental to any
removal and/or replacement; and (ii) bear any additional remuneration, to
be paid for any of the Personnel provided as a replacement to that of the
Personnel being replaced.
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5.1.1 Assistance
The Client shall use its best efforts to ensure that the Client shall:
(a) provide at no cost to the Consultants, Sub consultants and Personnel such
documents prepared by the Client or other consulting engineers appointed
by the Client as shall be necessary to enable the Consultants, Sub consultants
or Personnel to perform the Services. The documents and the time within
which such documents shall be made available, are as specified in the SC;
(b) assist to obtain the existing data pertaining or relevant to the carrying out of
the Services, with various Government and other organizations. Such items
unless paid for by the Consultants without reimbursement by the Client, shall
be returned by the Consultants upon completion of the Services under this
Contact;
(d) assist to obtain permits which may be required for right-of-way, entry upon
the lands and properties for the purposes of this Contract;
(e) provide to the Consultants, Sub consultants, and Personnel any such other
assistance and exemptions as may be specified in the SC.
5.1.2 Co-ordination
(a) coordinate and get or expedite any necessary approval and clearances
relating to the work from any Government or Semi-Government Agency,
Department or Authority, and other concerned organization named in the SC.
5.1.3 Approvals
The Client shall accord approval of the documents within such time as specified in
the SC, whenever these are applied for by the Consultants.
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The Client warrants that the Consultants shall have, free of charge, unimpeded
access to all land of which access is required for the performance of the Services.
If, after the date of this Contract, there is any change in the Applicable Law which
increases or decreases the cost of the Services rendered by the Consultants, then the
remunerations and direct costs otherwise payable to the Consultants under this
Contract shall be increased or decreased accordingly, and corresponding
adjustment shall be made to the amounts referred to in Sub-Clause 6.2 (a) or (b), as
the case may be.
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 services, facilities and property from other
sources; and (iii) the additional payments, if any, to be made to the Consultants as a
result thereof pursuant to Clause 6 hereinafter.
5.5 Payments
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The Consultants' total remuneration shall not exceed the Contract Price and shall be
a fixed lump sum including all staff costs, incurred by the Consultants in carrying out
the Services described in Appendix A. Other reimbursable direct costs expenditure,
if any, are specified in the SC. Except as provided in Sub-Clause 5.3, the Contract
Price may only be increased above the amounts stated in Sub-Clause 6.2 if the
Parties have agreed to additional payments in accordance with Sub-Clauses 2.5, 2.6,
5.4 or 6.6.
Payment will be made to the account of the Consultants and according to the
payment schedule stated in the SC. Payments shall be made after the conditions
listed in the SC for such payments have been met, and the Consultants have
submitted an invoice to the Client specifying the amount due.
(a) Advance payment to the Consultants shall be affected within the period
specified in the SC, after signing of the Contract Agreement between the
Parties.
(b) Any other amount due to the Consultants shall be paid by the Client to the
Consultants within twenty-eight (28) days in case of local currency and fifty
six (56) days in case of foreign currency after the Consultants' invoice has
been delivered to the Client.
If the Client has delayed payments beyond the period stated in paragraph (b) of Sub-
Clause 6.4, financing charges shall be paid to the Consultants for each day of delay at
the rate specified in the SC.
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(a) Services as approved by the Client outside the Scope of Services described in
Appendix A;
(c) any re-doing of any part of the Services as a result of Client's instructions.
If, in the opinion of the Client, it is necessary to perform Additional Services during
the currency of the Contract for the purpose of the Project, such Additional Services
shall be performed with the prior concurrence of both the Parties. The Consultants
shall inform the Client of the additional time (if any), and the additional
remuneration and reimbursable direct costs expenditure for such Additional
Services. If there is no disagreement by the Client within two weeks of this
intimation, such additional time, remuneration and reimbursable direct costs
expenditure shall be deemed to become part of the Contract. Such remuneration
and reimbursable direct costs expenditure shall be determined on the basis of rates
provided in Appendices D and E, in case the Additional Services are performed
during the scheduled period of the Services, otherwise remuneration for Additional
Services shall be determined on the basis of Consultants' billing rates prevailing at
the time of performing the Additional Services.
If the Client fails to make the payment of any of the Consultants' invoice (excluding
the advance payment), within twenty-eight (28) days after the expiry of the time
stated in paragraph (b) of Sub-Clause 6.4, within which payment is to be made, the
Consultants may after giving not less than fourteen (14) days' prior notice to the
Client, suspend the Services or reduce the rate of carrying out the Services, unless
and until the Consultants have received the payment.
This action will not prejudice the Consultants entitlement to financing charges
under Sub-Clause 6.5.
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7. SETTLEMENT OF DISPUTES
The Parties shall use their best efforts to settle amicably all disputes arising out of or
in connection with this Contract or its interpretation.
Any dispute between the Parties as to matters arising pursuant to this Contract
which cannot be settled amicably within thirty (30) days after receipt by one Party
of the other Party's request for such amicable settlement may be submitted by
either Party for settlement in accordance with the provisions of the Arbitration Act,
1940 (Act Nix of 1940) and of the Rules made thereunder and any statutory
modifications thereto.
Services under the Contract shall, if reasonably possible, continue during the
arbitration proceedings and no payment due to or by the Client shall be withheld on
account of such proceedings.
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8. INTEGRITY PACT
8.1 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 Form of Contract, then the Client shall be entitled to:
(a) recover from the Consultant an amount equivalent to ten times the sum of
any commission, gratification, bribe, finder’s fee or kickback given by the
Consultant or any of his Sub consultant, agents or servants;
(c) recover from the Consultant any loss or damage to the Client as a result of
such termination or of any other corrupt business practices of the Consultant
or any of his Sub consultant, agents or servants.
On termination of the Contract under Sub-Para (b) of this Sub-Clause, the Consultant
shall proceed in accordance with Sub-Clause 2.9.3. Payment upon such termination
shall be made under Sub-Clause 2.9.4 (a) after having deducted the amounts due to
the Client under Sub-Para (a) and (c) of this Sub-Clause.
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SECTION-6: CONTRACT
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No. Amendments of, and Supplements to, Clauses in the General Conditions of
of GC Contract
Clause
1.1 Definitions
________________________________________________________________
[All notes should be deleted in final text. All blanks should be filled in.]
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The leader of the Joint Venture is .................................... (name of the Member of the Joint
Venture).
[Note: If the Consultants do not consist of more than one entity, the Sub-Clause 1.8
should be deleted.]
The date on which this Contract shall come into effect is the date when the Contract
is signed by both the Parties and the amount of advance payment due upon signing
of the Contract is received by the Consultants.
The time period shall be ........... days, or such other period as the Parties may agree in
writing.
[Note: Fill in the time period e.g one hundred twenty (120) days.]
The Consultants shall commence the Services within twenty-one (21) days after the
date of signing of Contract Agreement, or such other time period as the Parties may
agree in writing.
"Completion of Services"
means.................................................. ...............................................................................................................
.............................................................................................................................................
(a) Third Party motor vehicle liability insurance in respect of motor vehicles
operated in Pakistan by the Consultants or their Personnel or any Sub
consultants or their Personnel, with a minimum coverage of Rs.................
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The Consultants shall also clear with the Client, before commitments on any action
they propose to take under the following:
- any new item of the Works not envisaged in the Contract Documents
and which is determined by the Engineer to be necessary for the
execution of Works.
ii) Claim from the Contractor for extra payment with full supporting details and
Consultants recommendations, if any, for settlement.
v) Any action by the Consultants affecting the costs under the following clauses
of Conditions of Contract of the Construction Contract.
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The Client and the Consultants shall not use these documents for purposes
unrelated to this Contract without the prior written approval of the other Party.
5.1.1 Assistance
(a) The Client shall make available within ...... days from the Commencement
Date, the documents
namely ................................................................................................................................................
....................................................................................
5.1.2 Coordination
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 submission by the Consultants.
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- For Planning and Designing, total foreign currency comprising ..... (Name the
currency/currencies) is ......... and total Pak Rs. is ...........
[Note: Terms and Conditions of Payment provided below is meant for sample
reference. This should be edited on case to case basis as per scope of work of
the engineering consultancy services of the specific project.]
A lump sum amount in foreign and local currencies against Planning and Design
referred under SC 6.2 shall be paid to the Consultants for the Services to be
completed within the period specified in SC 2.4.
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SECTION-6: CONTRACT
Part-III: Appendices
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Appendix A
[Give detailed descriptions of the Services to be provided, dates for completion of various
tasks, place of performance for different tasks, specific tasks to be approved by Client, etc.]
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Appendix B
Reporting Requirements
Pursuant to Sub-Clause GC-3.7, the Consultants shall submit the following reports:
[List format, frequency, and contents of reports; persons to receive them; dates of
submission and the number of copies of each submittal; etc. If no reports are to be
submitted, state here "Not applicable".]
NOT APPLICABLE
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Appendix C
[List under: C-1 Title [and names, if already available], activities of job descriptions
of key Personnel to be assigned to work and staff-months for each.
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Appendix D
[List here the elements of cost used to arrive at the breakdown of the Contract Price-
foreign currency portion:
Note:
This appendix will exclusively be used for determining remuneration for Additional Services in
accordance with Sub-Clause GC 6.6.]
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Appendix E
[List here the elements of cost used to arrive at the breakdown of the Contract Price-local
currency portion:
(i) rentals;
(ii) furnishing and equipment;
(iii) operation and maintenance of office, office equipment and furniture,
office supplies.
(c) Transport including running and maintenance, and other associated costs;
Note:
2. This appendix will exclusively be used for determining remuneration for Additional
Services in accordance with Sub-Clause GC 6.6.]
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Appendix F
Services and Facilities to be Provided by the Client
The Client shall make available the following Services and Facilities:
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, at the times and in the manner specified hereunder:
(a) ________________________________________________
________________________________________________
________________________________________________
(b) ________________________________________________
________________________________________________
________________________________________________
(c) Rent will be charged by the Client only for the family status accommodation
provided to the Personnel, in the Client's colonies, at the following rates:
.................... .................
.................... .................
(d) No rent will be charged for single status residences provided by the Client to
the Personnel.
2. Lodge Accommodation
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Appendix G
(INTEGRITY PACT)
[Seal] [Seal]
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between
and
_________________________________________________
(NAME OF THE JOINT VENTURE OF THE CONSULTANTS)
for
OCTOBER, 2019
_________________________________________________________________
(Name of Individual Consultants)
_________________________________________________________________
(Name of Individual Consultants)
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FORM OF CONTRACT
[Note: Use this Form of Contract when the Consultants perform Services as 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
representatives and 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 representatives and 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
called the "Services"); and
(b) the Consultants, having represented to the Client that they have the required
professional skills, and personnel and technical resources, have agreed to provide
the Services on the terms and conditions set forth in this Contract;
1. The following documents attached hereto shall be deemed to form an integral part
of this Contract:
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[Note: If any of these Appendices are not used, the words "Not Used" should be
inserted below next to the title of the Appendix and on the sheet attached hereto carrying the
title of that Appendix.]
Appendix A: Description of Services
Appendix B: Reporting Requirements
Appendix C: Key Personnel and 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
Appendix G: Integrity Pact (for Services above Rs. 10 Million)
2. The mutual rights and obligations of the Client and the Consultants shall be as set
forth in the Contract, in particular:
(a) the Consultants shall carry out the Services in accordance with the provisions
of the Contract; and
(b) the Client shall make payments to the Consultants in accordance with the
provisions of the Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their
respective names in two identical parts each of which shall be deemed as the original, as of
the day, month and year first above written.
CLIENT'S NAME
Witness
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__________________________
Name of Member No. 1
Witness
Witness
________________________
Name of Member No. 3
Witness
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