RFP Mastung & Hub Town
RFP Mastung & Hub Town
RFP Mastung & Hub Town
March, 2018
(QUALITY AND COST BASE SELECTION (QCBS) METHOD)
Executive Engineer
Urban Planning & Development Department
Kalat Division at Khuzdar
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Table of Contents
DATA SHEET................................................................................................................................9
APPENDIX A...............................................................................................................................40
Page 2 of 97
APPENDIX (I)
To,
All CONSULTANTS.
Gentlemen!
We extend warm welcome to you and invite you for participating in this project.
We hope that you will live up to your reputation and provide us accurate information so that the
evaluation is carried out “just and transparent”. Please understand that the contents of this RFP,
where applicable, shall be deemed part of the contract agreement. An example to this affect 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, therefore, it shall become part of the contract
agreement subject to approval/revisions of the same by Planning and Development Department
government of Balochistan/Employer during the negotiations. Similarly, all other services and the
content contributing to services shall be deemed part of the contract agreement unless it is specified
for any particular item up-front in your technical proposal which obviously will make your proposal
a conditional proposal whereby, authorizing Planning and Development Department government of
Balochistan/Employer to may or may not consider to evaluate your proposal. Please understand that
if no such mention appears up-front (i.e. on front page of technical proposal) then it shall be
deemed that the consultant is in 100% agreement to the above. You are also advised to kindly read
the RFP thoroughly as it can drastically affect the price structure for various services which may
not be appearing directly in the terms of reference. In the end, we appreciate your participation and
hope that you will feed a good proposal to merit consideration by Planning and Development
Department Government of Balochistan/Employer.
1. INTRODUCTION
1.1 You are hereby invited to submit a technical and a financial proposal for consulting services
required for the assignment named in the attached LOI Data Sheet (referred to as “Data
Sheet” hereafter) annexed with this letter. Your proposal could form the basis for future
negotiations and ultimately a Contract between your firm and the Client named in the Data
Sheet.
1.2 A brief description of the assignment and its objectives are given in the Data Sheet.
Details are provided in the attached RFP for the feasibility and design services provided in
the Documents, and will become part of agreement subsequently.
1.3 The assignment shall be implemented in accordance with the phasing specified in the
Data Sheet.
1.5 To obtain first-hand information on the assignment and on the local conditions, you are
encouraged to pay a visit to the Client before submitting a proposal and attend a pre-
proposal conference if specified in the Data Sheet. Your representative shall meet the
named officials on the date and time specified in the Data Sheet. Please ensure that these
officials are advised of the visit in advance to allow adequate time for them to make
appropriate arrangements. You must fully inform yourself of local conditions and take them
into account in preparing your proposal.
i. The cost of preparing the proposal and of negotiating the Contract, including a visit to
the Client, are not reimbursable as a direct cost of the Assignment, and
a. Any firm providing goods, works, or services with which you are affiliated or
associated is not eligible to participate in bidding for any goods, works, or services
(other than the services and any continuation thereof) resulting from or associated with
the project of which this assignment forms a part; and
b. Any previous or ongoing participation in relation with the project by your firm, its
professional staff, its affiliates or associates under a Contract may result in rejection of
your proposal. You should clarify your situation in that respect with the Client before
preparing the proposal.
2. DOCUMENTS
2.1 To prepare a proposal, please use the Documents specified in the Data Sheet.
2.2 Consultants requiring a clarification of the Documents must notify the Client, in writing,
not later than ten (10) 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
specified in the Data Sheet. The Client shall respond by cable, telex or telefax to such
requests and copies of the response shall be sent to all invited Consultants.
2.3 At any time before the submission of proposals, the Client may, for any reason, whether at
its own initiative or in response to a clarification requested by an invited consulting firm,
modify the Documents by amendment. The amendment shall be notified through press
release and will be binding on Consultants. The Client may at its discretion extend the
deadlines for the submission of proposals.
3. PREPARATION OF PROPOSAL
3.1.1 The Technical Proposal should be submitted using the format specified and shall include
duly signed and stamped forms appended with the RFP. This is a mandatory requirement
for evaluation of proposals and needs to be filled up carefully.
3.1.2 For Technical Proposal, the general approach and methodology which you propose for
carrying out the services covered in the TOR, including such detailed information as you
deem relevant, together with your appreciation of the Project from provided details and
a. A detailed overall work program to be provided with timing of the assignment of
each expert or other staff member assigned to the project. This will also provide the
Client an opportunity to effectively monitor work progress.
c. Clear description of the responsibilities of each expert staff member within the
overall work program.
e. The technical proposal shall include duly filled in forms provided with this RFP.
The name, background and professional experience of each expert staff member to
be assigned to the project, with particular reference to his experience of work of a
nature similar to that of the proposed assignment.
f. Current commitments and past performance are the basic criteria of technical
proposal. You are required to provide the details of present commitments/on- going
jobs as referred in the Form A-10 of technical proposal.
3.1.3 In preparing the technical proposal, you are expected to examine all terms and instructions
included in the Documents. Failure to provide all requested information shall be at your
own risk and may result adversely in the scoring of your proposal. The proposal should be
prepared as per RFP and any suggestion or review of staff etc. should be clearly spelt out in
form A-4.
3.1.4 During preparation of the technical proposal, you must give particular attention to the
following:
a. The Firm needs to be registered with Pakistan Engineering Council (PEC) with
relevant Project Profiles 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 case of JV) by the PEC will entitle the
client to reject the proposal.
b. If you consider that your firm does not have all the expertise for the assignment you
may obtain a full range of experience by associating with other firms or entities. You
may also utilize the services of expatriate experts but only to the extent for which the
requisite expertise is not available in any Pakistani firm. You may not associate with
the other firms invited for this assignment unless specified in the Data Sheet. In case
of Joint Venture, the proposal should state clearly partners will be “Jointly and
Severally” responsible for performance under the Contract and one partner will be
“solely” responsible for all dealings with the Client on behalf of the Joint Venture.
His “Special Power of Attorney on this account is to be enclosed. In case of JV, all
partners must be registered in PEC. Lead partner shall retain full and undivided
responsibility for the performance of obligations and satisfactory completion of the
consultancy services. A copy of joint venture which clearly indicates the share shall be
enclosed with the proposal to evaluate the bid accordingly (particularly firms
experience), while copy of JV agreement to be provided at the time of finalizing the
contract documents with specific responsibilities and assignments to be looked after
by each partner.
c. Subcontracting part of the assignment to the other Consultants is not discouraged and
Specialist Sub-Consultants may be included.
e. The training shall be imparted during the currency of the contract if specified in the
Data Sheet.
3.1.5 The technical proposal shall not include any financial information. The Consultant’s
comments, if any, on the data, services and facilities to be provided by the Client and
specified in the TOR shall be included in the technical proposal.
3.2.1 The financial proposal should be submitted using the format specified and enclosed with
this RFP. This is a mandatory requirement for evaluation of proposals and needs to be
filled up carefully. The total cost is to be specified in the Form A-17.
3.2.2 The financial proposal should list the costs associated with the Assignment. These normally
cover remuneration for staff in the field and at headquarters, per diem, housing,
transportation for mobilization and demobilization, services and equipment (vehicles, office
equipment furniture and supplies), printing of documents, surveys and investigations. These
costs should be broken into foreign (if applicable) and local costs. Your financial proposal
should be prepared using the formats attached as forms A-11 to A-17.
3.2.3 The financial proposal shall also take into account the professional liability as provided
under the relevant PEC Bye-Laws and cost of insurances specified in the Data Sheet.
3.2.4 Costs may be expressed in currency (s) listed in the Data Sheet.
3.2.5 The evaluation committee will correct any computational errors. When correcting
computational errors, in case of discrepancy between a partial amount and the total amount,
or between word and figures the formers will prevail. In addition to the above corrections,
activities and items described in the Technical Proposals but not priced, in the Financial
Proposals shall be assumed to be included in the prices of other activities or items. In case
an activity or item is quantified in the Financial Proposal differently from the Technical
Proposal, the evaluation committee shall correct the quantification specified in the Financial
Proposal so as to make it consistent with that specified in the Technical Proposal.
4. SUBMISSION OF PROPOSALS
4.1 You shall submit one original technical proposal and one original financial proposal and the
number of copies of each specified in the Data Sheet. Each proposal shall be in a separate
envelope indicating original or copy, as appropriate. All technical proposals shall be placed
in an envelope clearly marked “Technical Proposal” and the financial proposals in the one
marked “Financial Proposal”. These two envelops, in turn, shall be sealed in an outer
envelope bearing the address and information specified in the Data Sheet. The envelope
shall be clearly marked, “DO NOT OPEN, EXCEPT IN PRESENCE OF THE
EVALUATION COMMITTEE.”
4.3 The proposal shall contain no interlineations or overwriting except as necessary to correct
errors made by the Consultants themselves. Any such corrections shall be initialed by the
person or persons signing the proposal.
4.4 The completed technical and financial proposals shall be delivered on or before the time,
date, and the location specified in the Data Sheet.
4.5 The proposals shall be valid for the number of days stated in the Data Sheet from the date of
its submission. During this period, you shall keep available the professional staff proposed
for the assignment. The Client shall make its best effort to complete negotiations at the
location stated in the Data Sheet within this period.
5. PROPOSAL EVALUATION
5.2.1 The evaluation committee appointed by the Client shall carry out its evaluation for all the
projects as listed in Para 1.1, applying the evaluation criteria and point system specified in
the Data Sheet. Each responsive proposal shall be given a technical score: St. Consultant
scoring less than seventy (70) percent points shall be rejected and their financial proposals
returned un-opened.
5.3.1 The financial proposals of the three top-ranking qualifying Consultants on the basis of
evaluation of technical proposals shall be opened in the presence of the representatives of
these Consultants, who shall be invited for the occasion and who care to attend. The Client
shall inform the date, time and address for opening of financial proposals as specified in the
Data Sheet. The total cost and major components of each proposal shall be publicly
announced to the attending representatives of the firms.
5.3.2 The evaluation committee shall determine whether the financial proposals are complete and
without computational errors. The lowest financial proposal (Fm) among all shall be given a
financial score: Sf of 1000 points. The financial scores of the proposals shall be computed
as follows:
Sƒ= (1000 x Fm)/F
(F = amount of specific financial proposal)
S = St x T %+Sƒ x P%
6. NEGOTIATION
6.1 Prior to the expiration of proposal validity, the Client shall notify the successful Consultant
who submitted the highest-ranking proposal in writing, by registered letter, cable telex or
facsimile and invite it to negotiate the Contract.
6.2 Negotiations normally take from two to five days. The aim is to reach agreement on all
points and initial a draft contract by the conclusion of negotiations.
6.3 Negotiations shall commence with a discussion of your technical proposal. The proposed
methodology, work plan, staffing and any suggestions you may have made to improve the
TOR. Agreement shall then be reached on the final TOR, the staffing, and the bar charts,
which shall indicate activities, staff period in the field and in the home office, staff months,
logistics and reporting.
6.4 Changes agreed upon shall then be reflected in the financial proposal, using proposed unit
rates (no negotiation of the staff month rates).
6.5 Having selected Consultants on the basis of, among other things, an evaluation of proposed
key professional staff, 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 assurances that
the staff members will be actually available. The Client shall not consider substitutions of
key staff except in cases of un-expected delays in the starting date or incapacity of key
professional staff for reasons of health.
6.6 The negotiations shall be concluded with a review of the draft form of the contract. The
Client and the Consultants shall finalize the contract to conclude negotiations. If
negotiations fail, the Client shall invite the Consultants that received the second highest
score in ranking to Contract negotiations. The procedure will continue with the third in case
the negotiation process is not successful with the second ranked consultants.
7. AWARD OF CONTRACT
7.1 The contract shall be awarded after successful negotiations with the selected Consultants
and approved by the competent authority. Upon successful completion of
negotiations/initialing of the draft contract, the Client shall promptly inform the other
Consultants that their proposals have not been selected.
7.2 The selected Consultant is expected to commence the assignment on the date and at the
location specified in the Data Sheet.
The Client’s Name is: Urban Planning and Development, Department, Government of
Balochistan
1.2 The description and the objectives of the assignment are: As per TOR
Executive Engineer
Urban Planning and Development
Kalat Division ,
Phone # 0848-413467
Fax No # 0848-413467
1.6 The Client shall provide the following inputs:
(iv) As per TOR and Appendix D.
2.2 The words “Ten (10)” is deleted in its entirety and replaced with “Five (05)”
Executive Engineer
Urban Planning and Development
Kalat Division at Khuzdar,
Phone # 0848-413467
Fax No # 0848-413467
3.1.1 Add following:
The proposals should be bound in the hard book binding form to deny the
possibility of removal or addition of page(s). All the pages of proposal must be
signed and stamped in original by authorized representative of the firm/JV. All the
pages must be numbered starting from first page to last. Any proposal found not
adhering to these requirements will be rejected at the time opening.
“You may not associate with the other firms invited for this assignment unless
specified in the Data Sheet.”
d. Proposed key staff shall preferably be permanent employees who are employed
with the consultants at least six months prior to submission of Proposal.
Minimum
Sr. Key
Minimum Education Qualification Relevant
No. Professionals/Experts
Experience
City and Regional MS in City and Regional Planning 05 years
1 Planner (Team B.Sc in City and Regional
Leader) 10 years
Planning
2 Topographic Surveyor Masters in Surveying & 05 years
3.2.1 The last line of this Para is deleted in its entirety and replaced with following:
The total cost is to be specified in the Form A-17 and accordingly also in Form A-11
3.2.3 Professional liability, insurances (description or reference to appropriate
documentation):
Technical Proposal: One Original and one copy with CD (soft form of
complete Technical Proposal in PDF Form) in sealed
envelope.
Any proposal found not adhering to these requirements will be rejected at the time opening.
Executive Engineer
Urban Planning and Development
Kalat Division at Khuzdar,
Phone # 0848-413467
Fax No # 0848-413467
Date: th
March, 2018 & Time: 14:00 hours
Detailed Design And Implementation Of Master Planning of Hub Town And Mastung Town .
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Note: In case of JV, the proposal shall be evaluated as per the share of JV partner particularly firm experience.
NOTE:
1. If the project data is not as per the data sheet they will be marked zero.
2. No project prior to ten years must be mentioned. Each design project will be given 20 marks.
3. General experience = 5 marks for project having the cost of Rs. 1000 million in last 10 years.
Excellent - 100%. Very Good - 90% Above Average – 80% Average – 70% Below Average – 50% Non-complying – 0%
Score: Maximum Weight x rating / 100.
Minimum qualifying score is 70% or 700 marks.
Detailed Design And Implementation Of Master Planning of Hub Town And Mastung Town .
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PERSONNEL EVALUATION SHEET
Excellent - 100%. Very Good - 90% Above Average – 80% Average – 70% Below Average – 50% Non-complying – 0%
Score: Maximum Weight X rating / 100.
Minimum qualifying score is 70% or 700 marks.
Detailed Design And Implementation Of Master Planning of Hub Town And Mastung Town .
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TECHNICAL PROPOSAL FORMS
{Location, Date}
To:
Executive Engineer,
Urban Planning and Development Department,
Kalat Division at Khuzdar.
Phone # 0848-413467
Fax No # 0848413467
Dear Sir’s:
We, the undersigned, offer to provide the consulting services for Detailed Design of
the work viz. "PREPARATION OF MASTER PLAN AND OUTLINE
DEVELOPMENT PLANS FOR MASTUNG TOWN AND HUB TOWN,” in accordance
with your Request for Proposals dated [Insert Date]. We are hereby submitting our Proposal,
which includes this Technical Proposal and a Financial Proposal sealed in a separate
envelope.
[{If the Consultant is a joint venture, insert the following: We are submitting our
Proposal in a joint venture with: {Insert a list with full name and the legal address of each
member, and indicate the lead member}. We have attached a copy {insert: “of our letter of
intent to form a joint venture” or, if a JV is already formed, “of the JV agreement”} signed by
every participating member, which details the likely legal structure of and the confirmation of
joint and severable liability of the members of the said joint venture.
OR
For association: We are submitting our Proposal in association with the following
firm(s): {Insert a list with full name and country of each consultant.}
For Sub-consultant: We are submitting our Proposal with the following firm(s) as Sub-
consultants: {Insert a list with full name and country of each Sub-
consultant.}]
(a) All the information and statements made in this Proposal are true and we accept that
any misinterpretation or misrepresentation contained in this Proposal may lead to our
disqualification and/or may be sanctioned by the Client.
(b) Our Proposal shall be valid and remain binding upon us for the period of time
specified in the Data Sheet, Clause 4.5.
(d) We meet the eligibility requirements as stated in Data Sheet Clause 1.8.
(e) Neither we, nor our JV/associate partners/ sub-consultants or any of the proposed
experts prepared the TOR for this consulting assignment.
(f) Within the time limit stated in the Data Sheet, Clause 4.5, we undertake to negotiate a
Contract on the basis of the proposed Key Experts. We accept that the substitution of
Key Experts for reasons other than those stated in Letter of Invitation, Clause 6.5 may
lead to the termination of Contract negotiations.
(g) Our Proposal is binding upon us and subject to any modifications resulting from the
Contract negotiations.
We undertake, if our Proposal is accepted and the Contract is signed, to initiate the
Services related to the assignment not later than __________2017 (The date may be extended
with the written consent of consultant in case of delay in procurement process).
We understand that the Client is not bound to accept any or all Proposal(s) that the
Client receives.
We remain,
Yours sincerely,
Address:
Contact information (phone and 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}
CLIENT’S REFERENCE
Relevant Services (as per RFP notice) Carried Out in the Last Ten Years
Which Best Illustrate Qualifications
Using in 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.
Name of Senior Staff (Project Director/Coordinator, Team Leader) involved and functions
performed:
Detailed Design of the work viz. “PREPARATION OF MASTER PLAN AND OUTLINE
DEVELOPMENT PLANS FOR MASTUNG TOWN AND HUB TOWN.
COMMENTS/SUGGESTIONS OF CONSULTANT
1.
2.
3.
4.
5.
6.
Etc.
On the data, services and facilities to be provided by the Client specified in the TOR.
2.
3.
4.
5.
Etc.
Note: Consultant should include all type of expenditures which includes administrative support, office space,
local transportation, equipment in his bid.
In this regard if any firm deviate or mentioned any support which have financial impacts on the client will
not be entertained what so ever. The highest rates of the bid will be added to his financial price.
Client will not pay any amount or facilities which come to administrative support, office space, local
transportation, equipment etc.
4. Profession: _______________________________________________________________
7. Nationality: _______________________________________________________________
_________________________________________________________________________
[Give an outline of staff member’s experience and training most pertinent to tasks on assignment.
Describe degree of responsibility held by staff member on relevant previous assignments and give
dates and locations. Use up to one page].
12. Education
[Summarize college/university and other specialized education of staff member, giving names of
institutions, dates attended and degrees obtained].
[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. For experience in last ten years, also give types of activities
performed and Client references, where appropriate].
[Indicate proficiency in speaking, reading and writing of each language: excellent, good, fair, or
poor].
__________________________
Signature of expert or authorized Date: ___________________
representative of the firm Day/Month/Year
Note:
1. CV without PEC number (where mandatory) will not be evaluated and will be marked as
zero.
2. For education university / college must be mentioned clearly and duration / year of degree
must also be mentioned clearly.
3. Projects for which the project name, project location and client names are not mentioned
will be marked zero.
4. For Architect and Master Planner Copy of the Documents is mandatory.
5. If the relevant experience is as per the minimum experience criteria specified in LOI clause
3.1.4 it will be marked 70% and 3% increment for additional experience above the
minimum required to a maximum of 100 %.
Reports Date
1.
2.
3.
4.
5.
6.
7.
8.
9.
Name of
Name Tasks Present assignment
Position
Assignment location involved and
clients name
Items of Work/Activities Monthly Program from date of assignment (in the form of a Bar Chart)
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Yours faithfully,
Signature _________________
(Authorized Representative)
Expected date of
Name of project Single or JV Task Assignment Start date of the project
completion
{Location, Date}
To:
Executive Engineer
Urban Planning and Development
Katat Division at Khuzdar,
Phone # 0848-413467
Fax No # 0848-413467
Dear Sirs:
We, the undersigned, offer to provide the consulting services for PREPARATION
OF MASTER PLAN AND OUTLINES, DEVELOPMENT PLANS FOR MASTUNG
AND HUB TOWN, , in accordance with your Request for Proposal dated [Insert Date] and
our Technical Proposal.
Our attached Financial Proposal is for the amount of {Insert amount in words and
figures}, including all Federal & provincial taxes applicable as per law of the land. {Please
note that all amounts shall be the same as in Financial Proposal Form FIN-6}.
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.
We confirm that we have no condition to state that may have financial implications
over and above the amount quoted above.
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Name Position Basic Social Overhead Sub- Fee Rate per Field Rate per
Salary Charges (%age of Total (%age Month Allow. Month
per Cal. (%age of 1+2) (1+2+3) of 4) for (%age of for Field
Month 1) project 1) Work
Office
(1) (2) (3) (4) (5) (6) (7) (8)
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. 2 Social charges shall include Client’s contribution to social security, paid
vacation, average sick leave and other standard benefits paid by the company to
the employee. Breakdown of proposed percentage charges should be submitted
and supported (see Form A-13).
Item No. 3 Overhead shall include general administration cost, rent, clerical and junior
professional staff and business getting expenses, etc. Breakdown of proposed
percentage charges for overhead should be submitted and supported (see Form
A-14).
Item No. 5 Fee shall include company profit and share of salary of partners and directors (if
not billed individually for the project) or specified in overhead costs of the
Company.
Item No. 7 Normally payable only in case of field work under hard and arduous conditions.
Sub-Total:
Sub-Total:
Note: The bidder is required to quote the rates of Non-Technical / Support Staff given in the
TOR in above table & provide a lump sum cost in item No. 9 of Form A-16 that
should tally with the above stated amount (cost effect should be taken only once in
Form A-16). The bidder may propose Non-Technical / Support Staff person-months
in addition to those given in TOR; however, in such a case tenable reasons must be
given in the Form A-4 “Comments on TOR”. The Employer’s negotiation committee
will deliberate on the requirement of additional staff in case such bidder stands top
ranked. It is also to be noted that the employer is not bound to agree to the reasons
given in Form A-4.
5. Software’s Lumpsum
6. Hardware’s Lumpsum
7. Satellite Image 50 Cm High resolution Lumpsum
1.
Salary Cost / Remuneration
2.
Direct (Non- Salary) Cost
Total:
3. Grand Total:
Note: 1- This cost is supposed to be built up in bid price and if anything is left blank it
shall be deemed to be included in the cost.
2- The grand total is inclusive of all the applicable Federal and Provincial taxes
i/c Balochistan Revenue Authority Tax. All these taxes are required to be built
in the quoted rates and not be mentioned separately.
TERMS OF REFERENCE
TOR
I) General Description
a) Introduction
The ultimate aim of government is to provide at least suitable, if not excellent, living
conditions to the people to encourage them to lead peaceful lives in environmentally friendly
surroundings pursuing their individual as well as communal dreams for development. In
order to maintain such coverage to all the population it becomes essential to forward plan so
as to be able to cater for their emerging needs in times to come, taking into account not only
growing number of inhabitants but also the associated challenges and opportunities that the
future is expected to offer.
The proposed study is aimed at carrying out a detailed master planning of Mastung
and Hub Town so as to enabling the authorities to initiate further projects for the
development of Mastung and Lasbella district.
To enable the authorities for management of the town and in a simple and
effective manner by using GIS and Digitization tools and techniques.
To encourage the use of land in accordance with their character and adaptability
The master plan shall mitigate the existing urban problems for the Mustung town and Hub
Town by proposing the long and short term interventions for the overall development of
town. Similarly the plan shall also recommend regulatory proposals in all sectors of town
enabling the town to grow into a well-planned city in line with standards of town planning.
Lasbela was separated from Kalat after granting district status on 30 June, 1954.
Lasbela was a princely state until 1955 since 1742, and remained a princely state even
during the British era in the Subcontinent. The state occupied an area of 18,254 square
kilometer (7,048 square miles) in the extreme south east of the Balochistan Province with an
extensive coastline on the Arabian Sea to the south. Lasbela shared its border with princely
states of Kalat and Makran to the north and west respectively. This district is mountainous in
the east and has central alluvial lowland drained by the Porali and Kud Rivers, whereas in the
west, there is a narrow coastal strip dotted with mangrove swamps.
Uthal Town which is at a distance of 17 km from Zero point which consist of 6 Union
councils.
i) Topography
Geographically, the district can be divided into the alluvial plain surrounding Lasbela
extending southwards up to the Bay of Sonmiani and the hilly regions situated in the east
and west of this plain. The plain itself consist of alluvium deposits of Porali and other
rivers river. At the edge of the plain are adjoining hilly regions and near the coast, lie
raised sea beaches, situated some 15 to 25 meters above the sea level. The east of alluvial
plain exhibits the greatest variety of rocks forming the Anticline Ranges separated by
various valleys. The hilly region is situated on the west of alluvial plain of Porali and
extends along the Makran coast. The whole of eastern part of the district is mountainous.
The plain in the center, comprising of a greater portion of the district is in a triangular
shape. The principal hill ranges are on the western slopes of Kirhar Mountains, and Lak
Phusi in the north. The other side includes main ridge of the Pub Range with parts of
Khude or Khudo and part of Pub Range.
The third side comprises of lower slopes of the Makran coast. Consisting of plains,
mountians and terrain elevation range, the Lasbela District is situtated at 0-1494 meters
above mean Sea Level (MSL)
The Mor Range and Khude is surrounded by Saman branch of Kolachi River on the
south; Hub River on the east and Gidar Dhor River on the west. Valleys of the Kharari or
Kanrach and the Mithri, Mohbar and Chebechi torrents are situated in the south. From its
entrance into Lasbela District, the Porali River runs over a stony course and has low banks as
far as Mangia, where it passes through clay soil. At Shah Lakhra, a dam has been constructed
at about 89 km to north of Shah Lakhra, a branch of the Porali River, known as the Titian
River, takes off and eventually flows into the Siranda Lake.
i) Climate
The weather of Distric Lasbela is almost similar to that of Karachi. It is very hot during May
and June, and gets cold during the months of December and January. The rainy season is
mostly in the months of July and August.
ii) Economy
Agriculture is the major economic activity followed by livestock farming. Other
economic sectors of the area include construction, industry trade, transport, mining of marble
& sand stone and social services.
The key to success of Hub Industrial Estate was that the Government facilitated industrialist
with tax free zone and inexpensive plots as compared to other industrial estates. Secondly,
Karachi being closer to Hub proved a major source of skilled labor to the industrialist.
Population
According to the Census of 1998 the reported population of District Lesbela was
312,695 and the designated annual growth rate was calculated to 3.03%. By applying the
annual growth rate (1.3%) of Census 1998 the projected population in 2010 is estimated
to,447.389.( Source: District Profile of Bela).
The average household size was 6.2 persons per household according to the 1998 Censuses.
Most of the houses (90%) were owned by the residents. The percentage of rented houses in
the district was 5% there are 49,000 housing units in the district as 1998 population census.
According to the rules of Balochistan Local Government Act 2010, Municipal Committees
are constituted for those areas where population ranges from 20,000-25,000. The Municipal
Committees are responsible to provide public health, water supply, drains, articles of food
and drink, animals and cattle, education. The Population censuses of 2017 shall provide the
exact figures of the town to be designated as Municipal Corporation.
iii) Location
Mastung lies between East longitudes and North latitudes consisting of 3 Tehsils and 13
Union Councils. Location of Mastung is a t 735 km (aerial distance) south-west (235 degrees
bearing) of Pakistan’s Capital City Islamabadand 45 km (aerial distance) south-west (200
degrees bearing) from Quetta City, the provincial capital of Balochistan.
iv) Topography
Geographically, the district is mountainous consisting of a series of parallel mountain ranges
in the north and east, with ground elevation varying from 934 to 3,414 meters above sea
level. The soil is mainly Limestone and Clay. The soils are moderately deep, strongly
calcareous, gravely Clay loam. There is no evidence of salinity problems and the soil is
considered suitable for agriculture.
v) Climate
The climate of District Mastung is dry hot summers and mild to chilling winters. The
variation between day and night departures is wide in almost all parts of the district. Rainfall
is inadequate in the area while snowfall is experienced in the valleys of Mastung and Dasht
during winters. The Lack Pass Mountains are also covered with snow.
vi) Economy
Agriculture is the major economic activity followed by livestock farming. Other economic
sectors of the area include construction, mining trade, transport and social services.
Population
According to the Census of 1998 the reported population of District Mustung was 165,000
and the designated annual growth rate was calculated to 1.3%. By applying the annual
growth rate (1.3%) of Census 1998 the projected population in 2010 is estimated to 192,000.
According to the rules of Balochistan Local Government Act 2010, Municipal Committees
are constituted for those areas where population ranges from 20, 00025,000. The Municipal
Committees are responsible to provide public health, water supply, drains, articles of food
and drink, animals and cattle, education. The Population censuses of 2017 shall provide the
exact figures of the town to be designated as Municipal Corporation.
Existing Master plan of Mastung Town
No master plan exists for Mastung Town currently. Mastung Town at present is haphazard
growing town. Almost all the streets are unpaved with Pacca Kacha houses without
consideration of any seismic safety. The Master Plan will identify the problems and suggests
long term medium term and short term strategies for their solutions. According to a
preliminary survey of situation the following major problems are faced by Mastung Town
1. Un controlled and un planned growth of Mastung City.
2. Growth of Kachi Abadies
3. Lack of adequate social and physical infrastructure
4. Development of incompatible land use
5. Water Scarcity
6. In effective Town Management
Population
Economic activities
Housing
Instructional and organizational
Physical infrastructure
Traffic and transportation
Social services
Environment
a) Spatial Growth Scenarios
After identifying the above referred dominant problems, the consultant shall prepare spatial
growth scenarios to accommodate future population growth, anticipated economic projects
and major land uses efficient and safe communication linkages will have to be established
between uses like commercial, residential, recreational and institutional.
b) Land Requirement/Acquisition
The Consultant shall review the current land ownership system and give recommendations
for land required for future development including land acquisition, land tenure system and
land banking and indicate areas where relocation is required.
i) Urban Development
v) Environmental Issues
Air pollution
Water quality
Noise
Protection of sensitive areas
Identify the potential environmental effects
In order to implement the proposed master plan and the outline development plans,
the required supplementary rules/regulation such as the building and town planning
rules/regulations and other necessary guidelines shall be prepared within the framework of
concerned master/outline development plans.
II) Deliverables
Notes:
3) Any delay on the part of client shall be excluded from the given time line of the
assignment.
5) All the payments to the consultant are subject to approval of the deliverables.
With the approval of competent authority, the proposed study is likely to start in March
2018-19 and will be completed within a period of 9 months as per following structure. A
tentative activity schedule chart is attached as Annex-B.
Preparing a Master Plan and its implantation is a complex job and a multi-disciplinary
team is needed to undertake this job. A proper Planning Structure is a pre-requisite for
Master Planning activity. A planning wing should be planned in the planning agencies for the
same. As town planning not deals only with a single planning matter but it provides solution
to all the major ills of a town, for which different planning sections are of great importance,
like, Master Planning Cell, Urban Planning Cell, Regional, and Transport Planning.
Mode of Payment:
1. Design Team
Sr. Duration
Description of Staff Number
No. Man-Months
1 Team Leader/Senior Highway Engineer 1 6
2 Chief Architect 1 2
3 Structure Engineer 1 4
4 Hydrology/Drainage Engineer 1 2
5 Environment Engineer 1 3
6 Geotechnical Engineer 1 2
7 GIS Specialist 1 3
8 Quantity Surveyor 1 3
9 Geometric Design Engineer 1 4
10 Senior Highway Design Engineer 1 4
11 Town Planner 1 6
12 Junior Structure Engineer 1 4
13 Senior Traffic Engineer 1 1
14 Social Development/Resettlement Specialist 1 2
14 Specialist
Contract specialist 1 3
16 CAD Operator 6 36
17 Computer Operator 4 24
18 Office Boy 1 6
115
AS PER TOR
Between
______________________________________________
(NAME OF CLIENT)
And
For
_______________________________
Month and Year
1. FORM 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 and Duties
1.8 Leader of Joint Venture
3.1 General
3.2 Consultants Not to Benefit from Commissions, Discounts, etc.
3.3 Confidentiality
3.4 Professional Liability
3.5 Other Insurance to be taken out by the Consultants
3.6 Consultants' Actions Requiring Client's Prior Approval
3.7 Reporting Obligations
3.8 Documents Prepared by the Consultants to be the Property
of the Client
3.9 Equipment and Materials Furnished by the Client
3.10 Accounting, Inspection and Auditing
7. SETTLEMENT OF DISPUTES
8. INTEGRITY PACT
IV APPENDICES
[Notes: 1. Use this Form of Contract when the Consultants perform Services as Sole
Consultants.
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:
(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)
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;
(k) "Personnel" means persons hired by the Consultants or by any Sub consultant
as employees and assigned to the performance of the Services or any part
thereof;
(l) "SC" means the Special Conditions of Contract by which the GC are amended
or supplemented;
(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
The Services shall be performed at such locations as are specified in Appendix A and,
where the location of a particular task is not so specified, at such locations as
mutually agreed by the Parties.
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 Consultants shall be taken or
executed by the Authorized Representatives specified in the SC.
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.
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.
(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
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
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:
(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)
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
3.1 General
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 specified 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
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;
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
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.
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 therefore, provide as a replacement a person with qualifications
and experience acceptable to the Client.
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) co-ordinate 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.
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
In consideration of the Services performed by the Consultants under this Contract, the
Client shall make to the Consultants such payments and in such manner as is
provided by Clause 6 of this Contract.
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, is 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.
(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.
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 No
x of 1940) and of the Rules made there under 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.
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.
___________________________________________
No. Amendments of, and Supplements to, Clauses in the General Conditions
of GC of Contract
Clause
_______________________________________________________________
1.1 Definitions
_____________________________________________________________
[All notes should be deleted in final text. All blanks should be filled in.]
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.]
This contract shall come into effect after signing of the contract.
The time period shall be thirty (30) days, or such other period as the Parties may
agree in writing.
The Consultant shall commence the services for Feasibility Study immediately after
signing of the Contract Agreement or such other period as the Parties may agree in
writing.
The period of completion of Services shall be SEVEN (07) months from the
Commencement Date of the Services or such other period as the Parties may agree to
in writing.
The Consultants shall be liable to be held responsible and accountable for the: (a)
Non fulfillment of his tasks, (b) losses to the Employer on account of problems with
Design, (c) Non-observance of his duties and care in the performance for more than
one occasion, (d) Non-provision of contract administration reports with Interim
Payment Certificate etc. The consultants are responsible for 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 specified herein
below. If the Employer suffers any damages as a result of proven faults, errors or
omissions in the Design and other professional duties performed by the consultant in
connection with the services which have bearing on the safety, security and
performance of the works, the consultants shall make good such losses or damages,
subject to the conditions that the maximum liability as aforesaid shall not exceed
twice the total remuneration of the consultants under professional liability insurance.
Such insurance shall remain in force for a period of three calendar years after
Completion of the Services.
(a) Professional Indemnity Bond for twice the Feasibility and Design
Remuneration, in the joint name of client and consultant shall be provided as
PEC regulations. The consultant is to cover this cost in his overheads.
(c) The Travel, Medical/ Hospitalization and accident cover for all Employees
and professional staff of Consultant and as approved by the Employer.
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.
A lump sum amount in local currencies against services 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.
Payments shall be made according to the following schedule:
AS PER TOR
(a) The time period for advance payment shall be ........................( ) days after
signing of Contract Agreement by both the Parties. (Fill in the time period e.g.
thirty (30) days).
Any Dispute between the parties as to the matters pursuant to this contract which
cannot be settled amicably with in thirty 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 Arbitration Act 1940 as amended
from time to time and the rules thereafter. Services under the contract shall continue
during the Arbitration proceedings. The venue of arbitration proceedings shall be in
Islamabad (Pakistan) and the conclusions of arbitration committee shall be binding
on both parties.
9.1 The Consultants shall fulfill their obligations under this Contract using the best
technical knowledge and according to the accepted professional standards. It shall
exercise all reasonable skill, care and diligence in the discharge of the duties to be
The Consultant shall throughout the Services not have nor permit its staff to have, any
direct or indirect financial participation in procurement of construction contracts for
the Work to be supervised under this Contract and shall ensure that no payments are
accepted by it or its staff during currency of the Contract other than under this
Contract. Any such act if proven through evidence shall construe as act of default
and the Client may choose to pursue legal action against the Consultant or their staff.
9.3 Royalties:
The Consultant shall save harmless and indemnify the Client from and against all
claims and proceedings for on account or infringement of any patent right, design
trademark or name or other protected rights in respect to any patented designs
features or equipment he may want to use for carrying out the services and shall pay
all royalties thereto.
The Consultant shall be prepared at any time during the project to provide expert
technical advice and skill to the Client who may ask and need such assistance on any
phase or specific feature of the Project. The Consultant will be separately
compensated for all such services not covered in the original Services.
9.5 Penalty:
If the consultant fails to comply with the time to completion as given in the Contract,
the Client will impose a penalty at the rate of 0.05% of the fee as given in Appendix-
C for each day of delay up to a maximum of 10% of the same amount.
Without limiting the generality of the foregoing, Consultant represents and 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 any over
Consultant certificates that it has made and will make full disclosure of all
agreements and arrangements with all persons in respect of or related to the
transaction with GoP and has not taken any action or will not take any action to
circumvent the above declaration, representation or warranty.
Consultant accepts full responsibility and strict liability for making any false
declaration, not making full disclosure, misrepresenting facts or taking any action
likely to defeat the purpose of this declaration, representation and warranty. It agrees
that any contract, right, interest, privilege or other obligation or benefit obtained or
procured as aforesaid shall, without prejudice to any other right and remedies
available to GoP under any law, contract or other instrument, be voidable at the
option of GoP.
Notwithstanding any rights and remedies exercised by GoP in this regard, Consultant
agrees to indemnity GoP for any loss or damaged incurred by it on account of its
corrupt business practices and further pay compensation to GoP in an amount
equivalent to ten time the sum of any commission, gratification, bride, finder’s fee or
kickback given by the Consultant as aforesaid for the purpose of obtaining or
inducing the procurement of any contract, right, interest, privilege or other obligation
or benefit in whatsoever form from GoP.
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".]
[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.
[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.]
[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.
Note:
As Per TOR
Without limiting the generality of the foregoing, [name of Supplier] represents and
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
or juridical person, including its affiliate, agent, associate, broker, consultant,
director, promoter, 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 whatsoever form from GOP,
except that which has been expressly declared pursuant hereto.
[name of Supplier] certifies that it has made and will make full disclosure of all
agreements and arrangements with all persons in respect of or related to the
transaction with GOP and has not taken any action or will not take any action to
circumvent the above declaration, representation or warranty.
[name of Supplier] accepts full responsibility and strict liability for making any false
declaration, not making full disclosure, misrepresenting facts or taking any action
likely to defeat the purpose of this declaration, representation and warranty. It agrees
that any contract, right, interest, privilege or other obligation or benefit obtained or
procured as aforesaid shall, without prejudice to any other rights and remedies
available to GOP under any law, contract or other instrument, be voidable at the
option of GOP.
Notwithstanding any rights and remedies exercised by GOP in this regard, [name of
Supplier] agrees to indemnify GOP for any loss or damage incurred by it on account
of its corrupt business practices and further pay compensation to GOP in an amount
equivalent to ten time the sum of 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 whatsoever form from GOP.
between
________________________________________________
(NAME OF THE CLIENT)
And
_________________________________________________
for
_______________________
Month and Year
[Note: Use this Form of Contract when the Consultants perform Services as 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
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 the entire 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;
[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 parts each of which shall be deemed as the
original, as of the day, month and year first above written.
CLIENT'S NAME
Witness
___________________
___________________
Name of Member No. 1
Witness
Witness