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GOVERNMENT OF PAKISTAN MINISTRY OF COMMUNICATIONS NATIONAL HIGHWAY AUTHORITY

REQUEST FOR PROPOSAL (RFP)
FOR OPERATION, MANAGEMENT AND MAINTENANCE OF ETTM BASED TOLL PLAZAS AND COLLECTION OF TOLL REVENUE AT
S# 1 2 3 4 5 6 7 8 Name of Toll plazas Put tick mark on the relevant Toll Plaza

Iqbal Shaheed Toll Plaza (N-5) Sangjani Toll Plaza (N-5) Mandra Toll Plaza (N-5) Terraki Toll Plaza (N-5) Jhelum Toll Plaza (N-5) Chenab (South) Toll Plaza (N-5) Khanbela Toll Plaza (N-5) Qutbal Toll Plaza (N-80)

F.Y. 2013-15
Date of Submission of Proposals : at 1100 hours on 02.10.2013

Date of Opening of Technical Proposals : at 1200 hours on 02.10.2013

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NATIONAL HIGHWAY AUTHORITY (Operations Wing) No. To: ( )/NHA/GM (Ops)/11/ ALL ELIGIBLE BIDDERS PROCUREMENT OF CONTRACT FOR THE OPERATION, MANAGEMENT AND MAINTENANCE OF ETTM BASED TOLL PLAZAS AND COLLECTION OF TOLL REVENUE AT 1. 2. 3. 4. 5. 6. 7. 8. Iqbal Shaheed Toll Plaza (N-5) Sangjani Toll Plaza (N-5) Mandra Toll Plaza (N-5) Terraki Toll Plaza (N-5) Jhelum Toll Plaza (N-5) Chenab (South) Toll Plaza (N-5) Khanbela Toll Plaza (N-5) Qutbal Toll Plaza (N-80) Dated: - -

Subject:

LETTER OF INVITATION (LOI). You are hereby invited to submit your bid comprising of Technical & Financial proposals for the subject procurement. Your proposals could form the basis for a Contract between your firm and the Employer NHA. The detailed description of the assignment and its objectives is given in the enclosed Request for Proposal (RFP). 1. 1.1 General Bidding is open to only operator firms who have a valid Registration with Pakistan Engineering Council as an “Operator” in category “O-5 & above” and having work done minimum to the tune of Rs.100 million in the period of last three years. Anyhow, as per Employer’s Policy all firms in default with NHA for late deposition of revenue, in litigation or has shown poor performance on ETTM toll plazas will not be eligible to participate in this bidding. As per Employer’s Policy the operator firms registered with PEC in various Operator Categories are eligible to operate maximum number of toll plaza at a time as per following limit: Operators Category Work limit (eligibility to operate maximum number of toll plazas at a time Million Rs. Net guaranteed Max No. of toll plazas to be revenue per annum awarded No limit 500 400 400 300 300 2 10 07 05 03 02

O-A O-B O-1 O-2 O-3 O-4

O-5 1.2

200

02

The bidder shall bear all costs associated with the preparation and submission of its bid and the Employer shall not be responsible or liable for any such costs in any event whatsoever, regardless of the conduct or outcome of the bidding process. You must fully inform yourself of local conditions and all factors related to subject services whatsoever and take them in to account in preparing your proposal. The Employer is vested with sole discretion for award of contract or cause supervision & be affected for the execution of said contract. Please note that:The Employer is not bound to accept any or all of the proposals submitted and reserves the right to reject any or all proposals as per PPRA Rules.

1.3

2. 2.1

Documents Comprising the Bid In addition to the Invitation for Bids, the Bidding Documents are those stated below, and should be read in conjunction with any Addendum issued under Clause 2.4. I. II. III. IV. V. VI. VII. VIII. IX. X. Conditions of Contract: Articles I to XIII. Letter of Acceptance. Addendum to the Request for Proposal (RFP), if any. Letter of Invitation (LOI). Bid Data Sheet. Bid Form. Technical Proposal Forms. Financial Proposal Forms. Scope of Services. Appendices & Sample Forms.

2.2

The bidders are required to examine carefully the contents of all the above documents. Failure to comply with the requirements of bid submission will be at the bidders own risk. Pursuant to Clause 11, bids which are not substantially responsive to the requirements of the Bidding Documents will be rejected.

Clarifications 2.3 A prospective bidder requiring any clarification(s) in respect of the Bidding Documents may notify the Employer in writing or by fax at the address: Office of General Manager (Revenue), 27-Mauve Area, G-9/1, Islamabad. Phone: +92-51-9032606, Fax: +92-51-9261611 Employer will examine the request for clarification of the Bidding Documents, if received not later than seven (07) days prior to the deadline for the submission of bids or during the Pre-Bid meeting, 3

and if deemed reasonable, at its sole discretion, may issue a clarification/amendment of the Bidding Documents before the date of submission of Bids (without identifying the source of enquiry) to all prospective bidders who have purchased the Bidding Documents. 2.4 At any time prior to the submission/opening of bids, the Employer may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective bidder, modify the Bidding Documents by issuing an addendum. Any addendum thus issued shall become the integral part of Bidding Documents. To accord prospective bidders reasonable time in which to take an addendum into account in preparing their bids, the Employer may at its discretion extend the deadline for submission of bids. Bid Validity Bids / proposals shall remain valid for the period of One Hundred and Eighty Two (182) days after the date of bid opening. In exceptional circumstances prior to expiry of original bid validity period, the Employer may request the bidders to extend the period of validity for a specified additional period which shall in no case be more than the original bid validity period. The request and the responses thereto shall be made in writing. A bidder may refuse the request without forfeiture of his Bid Security. A bidder agreeing to the request will be required to extend the validity of his Bid Security for the period of the extension. Bid Security Each bidder shall furnish with the Technical Proposal, as part of his bid, a Bid Security in an amount of Pak. Rupees as mentioned against each toll plaza detail below:S# 1 2 3 4 5 6 7 8 4.2 Name of Toll plaza Iqbal Shaheed (N-5) Sangjani (N-5) Mandra (N-5) Terraki (N-5) Jhelum (N-5) Chenab South (N-5) Khanbela (N-5) Qutbal N-80) Bid Security Amount (Rs. In million) 3.0 10.0 8.0 6.0 6.0 4.0 7.0 2.0

2.5 2.6

3. 3.1 3.2

4. 4.1

The Bid Security shall be, at the option of the bidder, in the form of Bank Draft or a Pay Order issued by a Scheduled Bank in Pakistan in favour of the “Road Maintenance Account, National Highway Authority, Islamabad” valid for a period twenty eight (28) days beyond the bid validity date. 4

4.3

The Bid Security is required to protect the Employer against the risk of bidder’s conduct which would warrant the security’s forfeiture, pursuant to Sub-Clause 4.8 hereof. Any bid not accompanied by an acceptable Bid Security shall be rejected by the Employer forthwith as being non-responsive, pursuant to Clause 11. Any amount of bid security which is lying with the Employer for any previous bidding processes shall not be considered for this bidding. The bid security of all participating firms will be discharged/returned as promptly as possible except for the top three top ranked bidders, which will be returned upon award of contract to the successful bidder or on the expiry of validity of Bid Security whichever is earlier subject to rights of parties under Clause 3.2. The Bid Security of the successful bidder will be returned when the bidder has furnished the required Performance Security pursuant to Clause 16 and signed the Contract Agreement, pursuant to Clause 17. The Bid Security may be forfeited: (a) (b) (c) If a bidder withdraws his bid during the period of bid validity; or If a bidder does not accept the correction of his Bid Price, pursuant to Sub- Clause 11.2 hereof; or In the case of a successful bidder, if he fails to: (i) (ii) Furnish the required Performance security in accordance with Clause 16, or Sign the Contract Agreement, in accordance with Clause 17.

4.4

4.5 4.6

4.7

4.8

5. 5.1

Format and Signing of Bid Bidders are particularly directed that the O&M share entered on the Form of Bid shall be free from any costs or taxes associated with the performance of the Contract strictly in accordance with the Bidding Documents. All Bid documents including Technical Proposal Forms, Bid Form, Financial Proposal Forms and Schedules to Bid are to be properly completed and signed/stamped by the bidders. No alteration is to be made in the Form of Bid nor in the Schedules thereto except in filling up the blanks as directed. If any alteration be made or if these instructions be not fully complied with, the bid may be rejected as being non-responsive. 5

5.2

5.3

5.4

Each bidder shall prepare one (1) Original and two (02) Copies, of the documents comprising the bid as described in Clause 2 and clearly mark them “ORIGINAL” and “COPY” as appropriate. In the event of discrepancy between them, the original shall prevail. The original and all copies of the bid shall be typed or written in indelible ink and shall be signed by a person or persons duly authorized to sign them. This shall be indicated by submitting a written Power of Attorney authorizing the signatory of the bidder to act for and on behalf of the bidder. All pages of the bid shall be initialed and stamped by the person or persons signing the bid. Where the bidder is a company incorporated under the Companies Ordinance, 1984 it shall provide a copy of (i) its Certificate of Incorporation, (ii) its latest Form29, and (iii) a Board Resolution authorizing the signatory to execute the original bid. In the event of the bidder being a partnership, the bidder shall provide (i) a Certificate of Registration of Partnership by the Registrar of Firms, and (ii) a list of names of all the partners of the firm. The bid shall contain no alterations, omissions or additions, except to comply with instructions issued by the Employer, or as are necessary to correct errors made by the bidder, in which case such corrections shall be initialed by the person or persons signing the bid. Bidders shall indicate in the space provided in the Form of Bid their full and proper addresses at which notices may be legally served on them and to which all correspondence in connection with their bids and the Contract is to be sent. Bidders should retain a copy of the Bidding Documents as their file copy. PREPARATION/SUBMISSION OF BIDS It will consist of two parts: Part-I Part-II Technical Proposal Forms TF-1 to TF-6 (Enclosed) Financial Proposals Bid Form and Forms FF-1 to FF-5 (Enclosed)

5.5

5.6

5.7

5.8 6. 6.1

6.2

The bid shall comprise on a single package containing two separate envelopes. Each envelope shall contain separately the financial proposal and the Technical proposal; i. The envelopes shall be marked as “FINANCIAL PROPOSAL” and “TECHNICAL PROPOSAL” in bold and legible letters to avoid confusion;

6.3

Each bidder shall submit his bid as under:6

fax or e-mail or by any means other than those specified hereinabove shall not be considered. One (01) ORIGINAL and two (02) COPIES of the Bid shall be separately sealed and put in separate sealed envelopes and marked as such. 7 .17.1 Bids must be received by the Employer at the address specified in Bid Data Sheet not later than the time and date stipulated in the Bid Data Sheet.4 The Bidder shall paste the Form duly filled in on the inner and outer envelopes as given in Appendix-C including. 6. acknowledgment of receipt of bids will be provided to those making delivery in person or by messenger.2 hereof.6 The Bid shall be delivered in person or sent by registered mail at the address to Employer as given in Bid data sheet heretofore. 7. If the outer envelope is not sealed and marked as above. Date of advertisement and Date of opening of Bid. Bidders shall bear all expenses incurred in the preparation and delivery of bids. Bear the Toll Plaza name. nor will arrangements be undertaken to collect the bids from any delivery point. b. he shall make a request for such acknowledgment in a separate letter attached to but not included in the sealed bid package. In addition to the identification required in Sub-Clause 6.17. Provide a warning not to open before the time and date for bid opening.5 6. The envelopes containing the ORIGINAL and COPIES will be put in one sealed envelope and addressed/identified as given in Sub-Clause 6. Bids with charges payable will not be accepted. the Employer will assume no responsibility for the misplacement or premature opening of the bid. 6. telex.4 hereof. 7. a. Upon request. Deadline for Submission of Bids 6.7 7. Be addressed to the Employer at the address given in Invitation for Bid heretofore. the inner envelope shall indicate the name and address of the bidder to enable the bid to be returned unopened in case it is declared “late” pursuant to Clause 8. which shall not be recompensed by the Employer in any circumstances Where delivery of a bid is by mail and the bidder wishes to receive an acknowledgment of receipt of such bid. c.a.2 Bids submitted through telegraph. b.

The documents have been properly signed/stamped. by messenger or by mail. a.3 The Employer may. The Employer will examine the Bids to determine whether. extend the deadline for submission of bids by issuing an addendum in accordance with Clause 2.2 9. Their quest for clarification and the response shall be in writing and no change in the price or substance of the Bid shall be sought. only the envelope marked “TECHNICAL PROPOSAL” will be opened whereas the envelope marked as “FINANCIAL PROPOSAL” will be retained in the custody of the Employer without being opened. offered or permitted. or delivery of a bid to the wrong office shall not be accepted as an excuse for failure to deliver a bid at the proper place and time. On the date of bid opening. Any computational errors have been made.1 Prior to the detailed evaluation of bids.7. Preliminary Examination & Determination of Responsiveness of Bids 11. 10. (i) (ii) (iii) (iv) The Bid is complete and does not deviate from the scope.1 (a) (b) 9. It shall be the bidder’s responsibility to determine the manner in which timely delivery of his bid will be accomplished either in person.4.1 To assist in the examination. 8 .1 Bid Opening and Evaluation A committee consisting of nominated members by the Employer will open the bids in the presence of bidders’ representatives who choose to attend. Required sureties have been furnished. The bidder’s representatives who are present shall sign in a register evidencing their attendance. Delays in the mail. at his discretion. 9. 8. at the time. delays of person in transit. ask the Bidder for a clarification of its Bid. at its discretion. evaluation and comparison of Bids the Employer may. pursuant to Clause12. Clarification of Bids 9.3 10. date and location stipulated in the Bid Data Sheet. 8. in which case all rights and obligations of the Employer and the bidders previously subject to the original deadline will thereafter be subject to the deadline as extended. Late Bids Any bid received by the Employer after the deadline for submission of bids prescribed in Clause 7 will be returned unopened to such bidder. 11.

For purpose of these Clauses. 11. quality or performance of the works? Which limits in any substantial way. (viii) The Bid does not deviate from basic requirements and (ix) The Bids are generally in order. It is received after the deadline for submission of bids. the Employer’s rights or the bidder’s obligations as under the Contract. Which affects in any way the scope. his Bid will be rejected and his Bid Security forfeited.3 Prior to the detailed evaluation. The Bid prices are firm during currency of contract if it is a fixed price bid. (i) (ii) (iii) (iv) (v) It is not accompanied with bid security. or any means other than those specified in clause 7. or Whose rectification/adoption would affect unfairly the competitive position of other bidders presenting substantially responsive bids? c.2 If the Bidder does not accept the corrected amount of Bid. The Employer’s determination of a Bid’s responsiveness will be based on the contents of the Bid itself without recourse to extrinsic evidence. A bid will not be considered. b. The bidder refuses to accept arithmetic corrections in its bid. if.(v) (vi) The Bid is valid till required period. It is submitted for incomplete scope of work. if. It is unsigned. Its validity is less than specified. pursuant to Clause12 the Employer will determine the substantial responsiveness of each Bid to the Bidding Documents. (i) (ii) (iii) (iv) c. A material deviation or reservation is one: a. a substantially responsive Bid is one which conforms to all the terms and conditions of the Bidding Documents without material deviations. b. A bid is likely not to be considered. telegram or email. 11. 11. telex. or Bid Price includes the advance tax. (vii) The Bidder is eligible to Bid. It is submitted through fax. inconsistent with the Bidding Documents. It indicates that Bid prices do not include the amount of income tax.4 A Bid determined as substantially non-responsive will be rejected and cannot subsequently be made responsive by the Bidder by rectification 9 . It is materially and substantially different from the Conditions/Specifications of the Bidding Documents.

of the non-conformity. Proposed staff and Qualification/Bio data of Key staff Total Points (Maximum): Note: Score 05 10 25 10 10 20 10 10 05 100 (The minimum qualifying technical score for consideration of financial proposal is 50). 12. Financial position providing three (03) years company bank statement.1 Financial Bids of all the technically qualified firms will be announced and put to comparison process for award of contract on open competition basis. PEC certificate valid for year 2013 in operator’s category (Minimum O-5) a. 12.2 Evaluation of bids will be based on following two parts and as mentioned in Bid Data Sheet: 12. Description/Items No. Adequacy of Methodology for performing works a Technical Approach & Methodology for O&M b Technical Approach & Methodology for Maintenance c Organizational setup & staffing plan vi. Bidder’s general experience and performance reports v.3 PART-A: Technical Evaluation Criteria. chartered account audit reports iii. Detailed Evaluation of Bids 12.5. PEC O-3 to No limit ii. 12.5 PART-B: Financial Evaluation 12. sub criteria and point system for the evaluation of technical proposals are: Sr. PEC O-5 to O-4 b. Bidder’s experience specific/relevant to the required services and current commitments/project in hand iv. whereas. the financial proposals of the rest of the firms will be returned un-opened.1 The Employer will evaluate and compare only the bids previously determined to be substantially responsive pursuant to Clause 11 as per requirements given hereunder. 10 . i.

Employer’s Right to accept any Bid and to reject any or all Bids. 14. Notification of Award 15. The O&M Share and major components of each proposal shall be publically announced to the attending representative of the firms. time and address for opening of financial proposals or as indicated in Bid Data Sheet. the Employer may have clarification meeting(s) to clarify any item(s) in the bid evaluation report. 15. the Employer reserves the right to accept or reject any bid.1 Subject to Clause 14.1 Notwithstanding Clause 13. This letter shall name the O&M share which the Employer shall pay to the Bidder in consideration of the performance of the services by the successful bidder as prescribed by the Contract 11 . without justification of grounds.2 The financial proposals of the qualified firms shall be opened in the presence of the representatives of those firms. The Employer shall inform the Date. 14. The evaluation committee shall determine whether the financial proposals are complete and without computational errors. 14. and to annul the bidding process and reject all bids.2 No negotiations with the bidder having been ranked as highest responsive or any other bidder shall be permitted. the Employer will notify the successful bidder in writing through a letter of acceptance (“Letter of Acceptance”) that his bid has been accepted. Award Criteria 13. who chose to attend.5. without thereby incurring any liability to the affected bidders or any obligation to inform the affected bidders of the grounds for the Employer’s action except that the grounds for its rejection shall upon request be communicated.12. at any time prior to award of Contract. Rejection of all bids shall be notified to all bidders promptly.1 Prior to expiration of the period of bid validity prescribed by the Employer. 13. to any bidder who submitted a bid. However. the Employer will award the Contract to the bidder whose bid has been determined to be substantially responsive to the Bidding Documents and who has been ranked lowest in the financial proposal.

Toll Revenue Security and Performance Bond/Security 16. 17. 15.1 Each bidder shall submit only one bid either by himself.3 Upon furnishing the Performance Security by the successful bidder. binding the Employer and the Bidder till signing of the formal Contract Agreement. A bidder who submits or participates in more than one bid will be disqualified and bids submitted by him shall not be considered for evaluation and award. the Employer will send to the successful bidder the Form of Contract Agreement provided in the Bidding Documents. 18. Toll Revenue Security and Advance Tax under the Conditions of Contract. 16. 17.1 The bidder is advised to obtain for himself at his own cost and responsibility all information that may be necessary for preparing the bid and entering into a Contract for performing the subject services. Signing of Contract Agreement 17.1 or Clause 17 or Clause 22 shall constitute sufficient grounds for the annulment of the award and forfeiture of the Bid Security. Inquiries on Pakistani Income Tax/Sales Tax/Surcharge or any other Levy imposed by the Government of Pakistan to the 12 . 19.1 Within fourteen (14) days from the date of furnishing of acceptable Performance Security.(hereinafter and in the Conditions of Contract called the “Contract Price”). 15. Bidder to Inform Himself 19.1 The successful bidder shall furnish to the Employer the Toll Revenue and Performance Bond/Security in the forms and the amounts stipulated in the Bid Data Sheet within a period of Fourteen (14) days after the receipt of Letter of Acceptance.2 The Letter of Acceptance and its acceptance by the bidder will constitute the formation of the Contract. or as a partner in a joint venture. the Employer will promptly notify the other bidders that their bids have been unsuccessful and return their bid securities. 16. This shall include but not be limited to the following: a.2 Failure of the successful bidder to comply with the requirements of Sub-Clause 16. duly filled in and incorporating all agreements between the parties for signing and return it to the Employer. One Bid per Bidder 18.2 The formal Agreement between the Employer and the successful bidder shall be executed within fourteen (14) days of the receipt of such Form of Contract Agreement by the successful bidder from the Employer.

j. However. “Fog Lights” shall be provided and put in operation for foggy weather to avoid accidents. traffic mix. All public facilities. 13 c. any claim arising out of the circumstances beyond control of the OMC/NHA and unforeseen will be processed on case to case basis on individual merits of the case after getting verification from Regional GM. Information for this register shall be displayed at appropriate place on toll plaza. b. seasonal variations. Mosque. All the factors which may affect the revenue collection like traffic trends. volume of exempted vehicles etc. Withholding tax will be deducted from the Operation. The running (POL) and maintenance (all type) of generator installed at toll plazas shall be the responsibility of OMC. A “complaint register “shall be kept at each plaza to record user’s complaint if any. . OMC will also be responsible for provision of stand-by generators at locations where NHA has not provided the same to cope up with electric failures and to ensure proper illumination of toll plaza to avoid any accident. Administration Block. 7 days a week and 365 days a year.Commissioner of the Income Tax and Sales Tax. All lanes or plazas to be manned/kept maintained and operational the Electronic Traffic & Toll Management (ETTM) system 24 hours a day. The maintenance and repair of ETTM system as per laid out standards and specifications shall be the responsibility of OMC. equipment and resources shall be kept in excellent operational condition all the times. Water charges etc) and other local bodies taxes shall be the responsibility of OMC. Payment of all Utilities bills (Electricity bill for street lights. toll plaza. Islamabad Pakistan. i. The printing paper of Electronic Ticketing Machine shall be provided and arranged by OMC at his own cost. k. d. e. mix of commuters. Sui gas bill. shall be taken into account by the bidders while quoting their bid. Management Contractor’s (OMC) share as per applicable laws of Income Tax of the country. g. f. field staff of NHA and concerned District Authorities. h. The maintenance and replacement of new batteries for the ETTM system as backup support during electricity load shedding shall be the responsibility of OMC.

Due Diligence: 20. Integrity Pact 22. 20. However.m. traffic volumes. Local Conditions 21. the OMC must achieve the following efficiencies against each toll plaza:S# 1 2 3 4 5 6 7 8 Name of Toll plaza Iqbal Shaheed (N-5) Sangjani (N-5) Mandra (N-5) Terraki (N-5) Jhelum (N-5) Chenab Khanbela (N-5) Qutbal N-80) Minimum Tolling Efficiency 97% 92% 97% 97% 97% 97% 97% 85% Note: (The minimum traffic efficiency will be must to achieve and in case of less efficiency the difference of amount. volume of exempted vehicles (legal & illegal) etc. local conditions.1 The Bidder shall sign and stamp the Integrity Pact provided at Appendix-D to Bid in the Bidding Document for all Federal Government procurement contracts exceeding Rupees ten million. award and execution of the contract. 22. for the purposes of filling and submitting his bid and entering into the contract. General Manager (Revenue) National Highway Authority Islamabad. 21.1 Bidder must verify and supplement by his own investigations the all necessary information about site.1 NHA reserves the right to carry out due diligence in sole discretion during procurement. Failure to provide such Integrity Pact shall make the bid nonresponsive. The OMC will collect toll revenue and deposit it in the NHA’s account as per cash declared by ETTM system. 14 . will be recovered from the invoice of the operator or security amount).

BID DATA SHEET 15 .I.

The names and addresses of the concerned authorized representatives of Employer are: i. X. IV. VIII. The name of the Assignment: “Operation. Fax: 051-9261611 6. Ph: 051-6032606. Name and address of the Employer: Chairman National Highway Authority. 7. 3. Technical Proposal Forms. The number of copies of the Proposal required: One Original & Two copies.09. Scope of Services. Addendum to the Request for Proposal (RFP). G-9/1 Islamabad. 4. III. 16 . Appendices & Sample Forms. Bid Data Sheet. Letter of Invitation (LOI). The address for seeking clarification and writing on the proposal: General Manager (Revenue) National Highway Authority 27. General Manager (Region) NHA. General Manager (Revenue) NHA HQ Islamabad. ii. Conditions of Contract: Articles I to XIII. 27-Mauve Area.BID DATA SHEET 1. The Bidding Documents are: I. VII. IX. Letter of Acceptance. Financial Proposal Forms. 5. Management and Maintenance of ETTM Based Toll Plazas and collection of Toll Revenue” 2. G-9/1. Schedule of Pre-Bid Meeting: Date & Time: at 1100 hrs on 19. Islamabad.2013 Venue: Finance Wing National Highway Authority 27-Mauve Area. VI. if any. G-9/1 Islamabad. V. Bid Form. II.Mauve Area.

0 Form: Pay order/Demand Draft in favour of the “Road Maintenance Account.10. 9. Islamabad. Bid Security : S# 1 2 3 4 5 6 7 8 Name of Toll plaza Iqbal Shaheed (N-5) Sangjani (N-5) Mandra (N-5) Terraki (N-5) Jhelum (N-5) Chenab South (N-5) Khanbela (N-5) Qutbal N-80) Bid Security Amount (Rs.2 million S# 1 2 3 4 5 6 7 8 Name of Toll plaza Iqbal Shaheed (N-5) Sangjani (N-5) Mandra (N-5) Terraki (N-5) Jhelum (N-5) Chenab South (N-5) Khanbela (N-5) Qutbal N-80) 17 .2013 10. Validity: 11.3 million Rs.in millions) 3.0 8. G-9/1.0 7.3 million Rs. Deadline for submission of Proposals : at 1100 hours on 02.3 million Rs. Standard form and amount of Performance Security/Bond acceptable to the Employer as detailed in Clause 8.3 million Rs.3 million Rs.2 million Rs. 28 days beyond the bid validity date.2: Performance Security/Bond Rs.2 million Rs.0 4.0 6.0 6.0 2.8.2013 (Technical &Financial) Opening of Technical Proposals : at 1200 hours on 02. Islamabad”. The address for submission of Bids: NHA’s Auditorium National Highway Authority 27-Mauve Area.0 10.10. National Highway Authority.

Standard form and amount of Toll Revenue Security acceptable to the Employer detail as under: S# 1 2 3 4 5 6 7 8 Form: Name of Toll plaza Iqbal Shaheed Sangjani Mandra Terraki Jhelum Chenab (South) Khanbela Qutbal Amount (Rs. Validity: Until 84 days after expiry of the Contract. 2015 from the date of commencement. 18 . Islamabad”.12. National Highway Authority. Period of Completion Till 30th June. 13. In millions) 13 40 34 25 24 16 28 08 Pay order/Demand Draft or Bank Guarantee in favour of the “Road Maintenance Account.

TECHNICAL PROPOSAL FORMS 19 .

legal name of each party: [insert legal name of each party in JV] 3. Bidder’s actual Country of Registration: [insert actual or intended Country of Registration] 4. month and year) of Bid Submission] Page ________ of_ ______ pages 1. CNIC of the Owner. In case of JV. No alterations to its format shall be permitted and no substitutions shall be accepted. JV agreement duly notarized. Bidder’s Legal Address in Country of Registration: [insert Bidder’s legal address in country of registration] 6. Registration Certificate with Pakistan Engineering Council. Directors and of each partner. documents establishing legal and financial autonomy and compliance with commercial law. Attached are attested copies of original documents of: [check the box(es) of the attached original documents] Articles of Incorporation or Registration of firm named in 1. above. In case of JV. Bidder’s Legal Name [insert Bidder’s legal name] 2. Bidder’s Year of Registration: [insert Bidder’s year of registration] 5.TF-1 BIDDER’S INFORMATION AND PEC REGISTRATION [The Bidder shall fill in this Form in accordance with the instructions indicated below. In case of government owned entity. 20 .] Date: [insert date (as day. Bidder’s Authorized Representative Information Name: [insert Authorized Representative’s name with CNIC Number] Address: [insert Authorized Representative’s Address] Telephone/Fax numbers: [insert Authorized Representative’s telephone/fax numbers] Email Address: [insert Authorized Representative’s email address] 7.

either individually as a corporate entity or as one of the major companies within a consortium. Value of Services (in Current Rs. if any: No.2 BIDDER’S REFERENCE Relevant Services carried out in the Last Three Years Which Best Illustrate Qualification Using in the format below. was largely contracted. provide information on each reference assignment for which your firm. of Staff Months: Completion Date (Month/Year): Approx.) Name of Client: Address: Start Date (Month/Year): Name of Associated Firm (s). of Staff: No.TF. Team Leader) involved and functions performed: Narrative Description of Project Description of Actual Services Provided by Your Staff Firm’s Name: ________________________ 21 . Assignment Name: Location within Country: Country: Professional Staff provided by your Firm (at additional sheet if required): No. of Months of Professional Staff provided by Associated Firm(s): Name of Senior Staff (Project Director/Coordinator.

r.TF. Year Years Project Nature of Assignment Name of Client C- Two reference with Address and Telephone numbers (1) _________________________________ _________________________________ __________________________________ (2) ___________________________________ ___________________________________ Following are qualified for this: Head of the organization where he worked Person In charge of the client concerned Any other reference who is renowned in the field and the concerned has worked with or under him for a period more than 6 months. 22 . Select and mention relevant projects from A here.t.3 BIDDER’S GENERAL SERVICES EXPERIENCE AGeneral Experience S. 12345BSpecific Experience of Operations & Management Services w. the said project. No.

TF.4 TECHNICAL APPROACH & METHODOLOGY PROPOSED FOR OPERATION AND MANAGEMENT OF ETTM BASED TOLL PLAZAS Please briefly describe here the approach on methodology plan for performing the assignment along with the total man months trade wise & logistics details to be provided at the project-site keeping in view scope of services and general conditions along with a check list of items to be performed and how these are planned to be performed from overall O & M perspective for the ETTM System. How will the tasks be performed? Given personnel strength “Fits into the work plan or 23 . Appreciation of Assignment: Methodology: Work Plan: methodology”. List all tasks to be performed.

List all tasks to be performed.TF. How will the tasks be performed? Given personnel strength “Fits into the work plan or 24 . Appreciation of Assignment: Methodology: Work Plan: methodology”.4 TECHNICAL APPROACH & METHODOLOGY PROPOSED FOR PERFORMING THE MAINTENANCE OF NHA FACILITIES Please briefly describe here the approach on methodology plan for performing the assignment along with the total man months trade wise & logistics details to be provided at the project-site keeping in view scope of services and general conditions along with a check list of items to be performed and how these are planned to be performed from overall perspective for the ETTM System.

TF-4 ORGANIZATIONAL SETUP & STAFFING PLAN 25 .

TF-5 FINANCIAL POSITION OF THE FIRM Audited Balance Sheets for the preceding 3 years shall be provided. 26 .

6 PROPOSED STAFF 27 .TF.

names of employing organizations. giving names of institutions. Employment Record [Starting with present position. good. Education [Summarize college/university and other specialized education of staff member. For experience in last ten years. 11. Detailed Tasks Assigned on the Project: _____________________________ _____________________________________________________________________ 10. reading and writing of each language: excellent. 13. or poor]. title of positions held and location of assignments. fair. where appropriate]. giving dates. Key Qualifications: [Give an outline of staff member’s experience and training most pertinent to tasks on assignment. list in reverse order every employment held. Languages [Indicate proficiency in speaking. Describe degree of responsibility held by staff member on relevant previous assignments and give dates and locations. 12. also give types of activities performed and Client references.TF-6 FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED KEY STAFF Proposed Position: ________________________________________________________ Name of Firm: ____________________________________________________________ Name of Staff: ____________________________________________________________ Profession: _______________________________________________________________ Date of Birth: _____________________________________________________________ Years with Firm: __________________________________________________________ Nationality: _______________________________________________________________ Membership in Professional Societies:______________________________________ (Membership of PEC is Mandatory) 9. Use up to one page]. dates attended and degrees obtained]. 28 . List all positions held by staff member since graduation.

the undersigned. Computer skills Trainings/Courses Assignment/Positions. completed/held with the Company 17. certify that to the best of my knowledge and belief. Certification I.14. 16. 15. my qualifications and my experience. _______________________ Signature of Staff Member Date: ___________________ Day/Month/Year Verified by: ___________________________ Authorized official from the firm 29 . these bio-data correctly describe myself.

SHIFT STAFF Name Position Experience (Period+Nature) Presently where located Qualification Tasks Assignment 3.TF -6 COMPOSITION OF THE FULL TEAM PERSONNEL AND THE TASKS TO BE ASSIGNED TO EACH TEAM MEMBER WITH A BRIEF SETUP CHART FOR EACH PHASE OF SUBJECT PROJECT 1. MAINTENANCE STAFF Name Position Experience (Period+Nature) Presently where located Qualification Tasks Assignment 30 . Technical/Managerial/Admn Staff Name Position Experience (Period+Nature) Presently where located Qualification Tasks Assignment 2.

BID FORM 31 .II.

The OMC will collect toll revenue and deposit it in the NHA’s account as per cash declared by ETTM system. NOTE: NHA’s Share (IN WORDS OMC’s Share (IN WORDS % ) % ) i. Fax: 051-9261611 1. the OMC must achieve the following minimum traffic efficiencies against each toll plaza:S# 1 2 3 4 5 6 7 8 Name of Toll plaza Iqbal Shaheed (N-5) Sangjani (N-5) Mandra (N-5) Terraki (N-5) Jhelum (N-5) Chenab Khanbela (N-5) Qutbal N-80) Minimum Tolling Efficiency 97% 92% 97% 97% 97% 97% 97% 85% (The minimum traffic efficiency will be must to achieve and in case of less efficiency the difference of amount. will be recovered from the invoice of the operator or Toll Revenue Security.BID To: General Manager (Revenue) National Highway Authority Islamabad. the receipt of which is hereby duly acknowledged. ii. 32 . 2. offer to operate. b. Pakistan. we submit herewith a Bid Security in the amount of Rs. The cost of facilities/general items as detailed in Article-XIII must be included in the offered share of OMC. manage. This deficient amount of advance security will have to be deposited in one week otherwise the OMC will be declared as defaulted of non curable event). [insert numbers]. the undersigned. maintain and collect the toll revenue at ETTM based Toll plaza in conformity with the said bidding documents for the offered sum as per following: WE HEREBY OFFER REVENUE SHARING IN THE FOLLOWING RATIOS:a. As a security for due performance of the undertaking and obligations of this bid. Tel: 051-9032606. we. However. Having examined the bidding documents including Addenda Nos.

Dated this ________ day of Month________________ 20______ Signature_________________ in the capacity of __________________ duly authorized to sign bids for and on behalf of _______________________________ Address:_________________________________________ _______________________________________________________________ Witness: (Signature)_______________________________ (Name)____________________________________ Address:__________________________________________________________________ Occupation:______________________________________________________________ 33 . 9. if our Bid is accepted. Until a formal Contract is prepared and executed. We do hereby declare that the Bid is made without any collusion. to provide the services in accordance with terms and conditions as specified in the bidding documents. 5. comparison of figures or arrangement with any other persons making a Bid for the Services. that all partners of the joint venture will be liable jointly and severally for the execution of the Contract and the composition or the constitution of the joint venture shall not be altered without the prior consent of the Employer. We agree to remain committed to this Bid for a period of One Hundred and Eighty Two (182) days from the date fixed for Bid opening under Clause3 of the LOI and it shall remain binding upon us and may be accepted at any time before the expiration of that period. this Bid. We undertake. in the amount and form as prescribed by the Employer in bidding documents. 4. 8.drawn in your favour or made payable to you and valid for a period for twenty eight (28) days beyond the period of validity of Bid. We confirm. if our Bid is accepted. We understand that you are not bound to accept the lowest or any bid you may receive. 6. 7. we will promptly submit the Performance Security for the due performance of the Contract. 3. together with your written acceptance thereof and your notification of award shall constitute a binding Contract between us. If our Bid is accepted.

III. FINANCIAL PROPOSAL FORMS 34 .

FF -1 BREAKDOWN OF RATES FOR STAFF Project:____________________________________Firm:__________________________ Basi c Sala ry per Cal. Normally payable only in case of field work under hard and arduous conditions. clerical and junior professional staff and business getting expenses. 5 Item No. average sick leave and other standard benefits paid by the company to the employee. 2 Basic salary shall include actual gross salary before deduction of taxes. 1 Item No. paid vacation. etc. 7 Note: The minimum percentage of item (1) should be preferably 50% of (8). 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. Full Name:______________________ Signature:_______________________ Title:___________________________ 35 . 3 Item No. Social charges shall include Client’s contribution to social security. rent. Mon th (1) Positi on Qualifica tion Social Charg es (%age of 1) (2) Overhe ad (%age of 1+2) (3) SubTotal (1+2+ 3) (4) Rate per Fee Month (%age for of 4) projec t Office (5) (6) Field Allow. (%age of 1) (7) Rate per Month for Field Work (8) Notes: Item No. Overhead shall include general administration cost.

36 . Man-Months 5 6 7 8 Toll booth operators Generator Operator/Electrician Security Guards 3+1(Per Lane) 3+1 (Per shift) 3+1 (Per shift) Total: (to be carried to Form 5B) Note: The above listed staff with respective qualification is minimum requirement of NHA. the OMC may add some other staff as deemed appropriate. Anyhow. Total Estimated Amount (Rs.2 ESTIMATED SALARY COSTS/REMUNERATION Monthly Remuneration Rate A 1 2 3 4 Operations Manager Shift Supervisor Accountant Computer Operator BCS BCS B-Com BSc + Computer Literate BSc + Computer Literate DAE (Electrical) Middle 1 1 1 1 B=A*12 Rs. No.) Rs. Position Minimum Qualification Nos.FF. Sr.

TOTAL: (to be carried to Form 5B 37 . No 1. Unit Price Remarks 2. 4. Total Amount Head Unit Qty. 3. 6. 5.FF. 7.3 DIRECT (NON-SALARY) COSTS Sr.

6. 4.) 2. Boarding & lodging etc.FF. Buildings & Installations Maintenance of approach lanes & Road Furniture Provision/Maintenance of Staff transportation. 5. No. 3.4 COST OF OTHER O&M ACTIVITIES AS MENTIONED IN SCOPE OF SERVICES (LUMP SUM MONTHLY COSTS) Sr. Cleaning Operations including trash/waste disposal Running/Maintenance Cost associated with Standby Generator Ancillary costs Any other cost associated with Scope of Work but not mentioned above. 7. Description Repair/Maintenance of Toll Plaza. 1. Total: (to be carried to Form FF-5) 38 . (Please explain if used) Amount (Rs.

6. 7. 8.) 3. Description Salary Cost/Remuneration (Form FF-2) Direct (Non-Salary) Cost (Form FF-3) Cost of other O&M activities as mentioned in SOS (Form FF-4) OMC’s Overhead and Profit Any other cost to be incurred by OMC in performing this O & M Contract Grand Total (A) (Per month) Grand Total for 24 months (A x 24) Amount (Rs. 5. Note: The OMC shall not refer to these costs at any stage for amendments. concessions. 2. claims. 4. No.FF. etc. 39 .5 SUMMARY OF COST OF OMC (All costs on monthly basis) Sr.

IV. CONDITIONS OF CONTRACT: ARTICLES I TO XIII 40 .

Management & Maintenance activities as planned and agreed with the Program Designer. 41 . Management& Maintenance Contractor (OMC) : : The National Highway Authority (referred as “NHA” hereinafter) General Manager (Concerned)/ GM(Revenue) : The Contractor appointed. Technical and institutional arrangements on quarterly. The service provider will carry out Operation. pursuant to this Agreement for Operation. THE EMPLOYER’S ROLE AND OBJECTIVES Responsible for taking all policy decisions and approvals of short medium and long term plans and implementation programs including financial. and annual basis. THE PROGRAM DESIGNER’S ROLE AND OBJECTIVES To provide overall guidance to the OMC keeping within the policy framework approved by the Employer. biannually. OMC shall prepare the detailed SOPs for the services to be performed under this contract and get it approved from the competent authority with in thirty (30) days of the effective date.INSTITUTIONAL ARRANGEMENTS Employer Program Designer/ Employer’s Representative Operation. Management and Maintenance of toll plazas to undertake tasks assigned in Scope of Services as a service provider/operator. jointly developed with Program Designer. Responsible for establishment of necessary Technical and Financial criteria and the operating systems to manage the toll plazas to an optimal level and in most efficient and effective manner within available resources. SERVICE PROVIDER’S ROLE AND OBJECTIVES The Service Provider shall carry out all the works in line with the overall policy of the Employer and in accordance with the agreed programs. The Service Provider’s Scope of Services related to various aspects of the contract is given in more detail in the Agreement and Appendices.

executed and delivered by it and constitutes the legal. c. Management and Maintenance of the ETTM toll plazas on National Highway Network. backup UPS batteries. falls within the jurisdiction of Employer and that Employer is duly authorized under the Laws of Pakistan to enter into the Agreement with regard to the Project Site. fiduciary relationship or other relationship between the Parties other than the contractual relationship expressly provided for in this agreement. 1991 as amended and has complied fully with all applicable Laws of Pakistan in the grant of this Project. in designated banks as approved by the NHA. installations. Neither Party shall have. mosque. machinery. agency. maintain and keep functional the ETTM system. a. Nothing in this agreement shall be deemed constitute or imply any partnership. valid and binding obligation of Employer. It is duly created pursuant to the National Highway Authority Act. c. utilities. and The Employer has all necessary authority and power with regard to the Project and in respect of all other matters which are the subject of this Agreement and has the right to transfer such of those powers to OMC as may be required to uphold the terms and obligations of this Agreement. ancillary facilities within the Toll Plaza premises in a manner consistent with standards as set out under this agreement. The Project Site.Employer’s Representations. street lights. Collection of tolls at toll plazas on behalf of NHA and depositing the same gross collection in the NHA’s designated account on weekly basis. b. joint venture. generator and other assets of NHA including all equipment. 42 . b. Warranties and Covenants The NHA hereby represents and warrants to the OMC that as of the date of this Agreement: a. any authority to make any commitments on the other Party’s behalf. Exercise administrative control of buildings. This Agreement has been duly authorized. washrooms/toilets. d. nor represent that it has. Working Procedures Objective of appointing OMC is broadly covering the following aspects of Operations.

OMC shall Operate. materials.1. ARTICLE I PURPOSE OF AGREEMENT & DEFINITIONS 1. unless otherwise specifically provided herein or in the Scope of Services. administrative and maintenance services with regard to the toll plaza. supervision.1 SCOPE OF SERVICES 2. (b) 1. as supplemented and modified by the Scope of Services to the extent there is no conflict. Provision of operation. labour. the provisions specifically set forth in this Agreement and those set forth in the Scope of Services shall be construed to supplement each other.4 or elsewhere in this Agreement throughout the Term of this Agreement (as herein defined). sets forth the terms and conditions for the provisions of operation. 2. All terms and provisions of the Scope of the Services are incorporated.1 PURPOSE.2 The scope of the Project and the obligations of OMC shall include but not be limited to the following:a. allied 43 . Manage & Maintain the toll plaza and allied facilities. the terms of this Agreement shall prevail and take precedence over the terms of the Scope of Services to the extent necessary to resolve such conflict.2 DEFINITIONS All capitalized terms used herein shall have the meanings assigned to them in Appendix A. Any capitalized terms used herein and not defined in Appendix A shall have the meanings assigned to them herein. all in accordance with the criteria set forth in the provisions of this Agreement including all schedules/appendices.1 Except as otherwise provided in Paragraph 2. Additionally OMC shall provide all management. supervision. so as to give effect and meaning to all terms and provisions.1. NHA team may visit the toll plaza premises time to time in order to ensure the smooth running of the facility and to inspect whether the terms and conditions of the agreement are being followed or not. ARTICLE II GENERAL 2. and administrative support necessary to perform the Services described in the Scope of Services (hereinafter referred to as “Services”).d. INCORPORATION OF SCOPE OF SERVICES (a) The Scope of Services with this Agreement. management. management and maintenance services with respect to the toll plaza. If there is conflict between any term of the Scope of Service and terms specifically set forth herein then.

with regard to the transfer of the Project Site to the NHA or any person(s) or entity nominated by the NHA upon expiry or early termination of this Agreement. The maintenance and repair of ETTM system 44 f. . road lights. g.facilities and collection / deposition of toll revenue as per cash declared by ETTM system but ensuring the minimum traffic efficiency as mentioned in the LOI. Performance of the Services in a manner that will promote harmony and accord between OMC and other contractors rendering various services on the Project Site. Air conditioners. Toll collection will be carried out in three shifts each of eight hours. and Compliance with all the provisions of this Agreement. electrical installations. generators. batteries etc handed over to the OMC for performing the services. materials. Every shift will be closed in ETTM system within three hours of its completion. as provided from time to time. Provision of first aid to affectees at a scene of accident on the Project Site. Cooperation with the NHA and any authorized person(s) or entity acting on NHA’s behalf. i. Compliance with all instructions and directions of NHA. h. toll booths. k. d. Payment of all utilities and all other expenditure incurred in providing Services pursuant to this Agreement. Supply of labour. OMC shall be responsible for bearing all the costs pertaining to the repair of assets and bringing it into the excellent condition for operations also including ETTM equipments. m. b. canopy. building. l. OMC will carry out all the repair/maintenance works pertaining to the toll plaza likely but not limited to Lane area and approaches pavements. ETTM equipments. j. e. canopy lights. In case of damage to NHA assets due to some accident or any untoward situation. OMC will ensure 24/7 uninterrupted power supply to keep the ETTM system operational either through WAPDA or standby generators/UPS. Gross toll revenue collected shall be deposited in NHA’s designated bank on weekly basis. UPS. c. equipments and other resources necessary for the performance of the above Services.

n. e. o. OMC shall. b. OMC will ensure in-time closure of shifts in the ETTM system. road lights fixed on entry/exit ramps will be repaired and made operational by the OMC upon taking over and shall be maintained in operational condition all the time. f. within 14 days from the date of commencement. Majority of the Project Site staff may be employed from the surrounding areas of its locality. 45 . c. Work timings for the Project Site staff shall be eight (08) hour/shift. The OMC shall provide revised lists in the event of any change. 2. Canopy lights. provide the Employer with a list of names and details of its entire staff in the form set out in Appendix B. The Project Site and ETTM system installed in all its lanes will be operated non-stop for twenty four (24) hours a day throughout the contract period. No person other than the list provided to NHA shall be allowed to access or stay at NHA facilities and will be taken as unauthorized. h. The OMC shall cause all such staff members and employees to be registered at the police station within the local limits of the Project Site.1. OMC represents and covenants that: a.as per laid out standards and specifications shall be the responsibility of OMC. All employees deputed by OMC at the Project Site shall at all times be in proper uniform as approved by the NHA. All staff members and employees of OMC deputed to and working at the Project Site shall have such minimum educational qualifications as specified in Form 2 B and shall have received security clearance from such police station as may fall within the local limits of their permanent address. d. OMC is bound to immediately remove any un-authorized person at the directions of NHA. NHA has the right to enter upon the facilities and inspect the assets and personnel any time.3 In carrying out its obligations. g. i. OMC shall replace the furniture/fixtures rated as damaged upon taking over.

Every 250 Hours. toll booths and control room round the clock. Every 250 Hours. operation or maintenance of the facilities on other roadways that are not 46 . k. The Project Site along with its equipment and structure shall be kept and maintained in good and clean condition at all times. Standby generators will be maintained as per following:Replacement i.2 COOPERATION WITH OTHER CONTRACTORS a. valid and binding obligation of it.j. All incidents generated in the system due to some discrepancy shall be accurately and diligently cleared by OMC staff. s. p. Suitable and well-organized security arrangements shall be provided at the Project Site and its surrounding area for the safety of NHA assets and commuters. Oil Filter (Cummins) iii. Batteries General Service Every 250 Hours. placing any metal object on loops etc will be made. 2. At least 25% of the staff on toll plaza in the vicinity of major cities shall consist of female gender during day-time shifts. As required. Every 250 Hours. l. if any. n. m. That support staff deputed on toll plaza will be given free and unhindered access in lanes. That no attempt of tempering with ETTM system like blocking the sensors. Mobil Oil (Delo Gold 15W40) ii. r. This Agreement has been duly authorized. That close liaison with the WAPDA authorizes will be maintained and persisted during currency of contract to precisely know about schedule of load shedding. Fuel Filter (Cummins) iv. Radiator Coolant v. Air Filter (Cummins) vi. Every 1000 Hours. executed and delivered by it and constitutes the irrevocable. There are no proceedings pending or threatened for the liquidation of OMC or that could materially or adversely affect the performance by OMC of its obligations under this Agreement. q. NHA may award or execute other contracts relating to its ownership. o. legal. Immediate after taking over and after every 5000 Hrs. From time to time during the Term.

OMC shall have no rights or obligations to perform any work or Services outside the geographical limits of the Plaza.5 OWNERSHIP OF DOCUMENTS. Information generated in connection with this Agreement shall be the property of NHA. buildings. the term “Plaza” shall mean and include the toll plaza structures. the Employer shall pay to the OMC a Termination Fee. NHA may exercise its right of Termination for Convenience by furnishing to OMC written notice of its election to do so 30 days prior to the effective date. (b) 2.included within the plaza. 47 . entrance and exit ramps providing access to and from the Roadways. toll collection booths. OMC shall not transfer. trademarks. documents. data and items developed in the performance of this agreement. to terminate this Contract Agreement. OMC shall not commit nor permit any action on the part of its employees or agents that might unreasonably interfere with the performance of work by any other contractor of NHA. (b) (c) 2. and shall diligently endeavor to perform its Services in a manner that will promote integration.3 SERVICES PERFORMED WITHIN PLAZA (a) The Services to be performed by OMC shall be performed solely within or with respect to the Plaza as defined in subparagraph (b). software. In no event shall Termination for Convenience be deemed a default by NHA under this Contract Agreement. which shall be equivalent to the 5% of the O&M Expenditure for the balance contract period of that specific year. NHA and the other contractors. synergism and efficiency. patent rights and other intellectual property rights) with regard to the SOP Manual (as herein defined). In the event of a termination of convenience by the Employer. OMC Shall fully cooperate with the NHA and the parties to such other contracts. 2. INVENTIONS AND COPYRIGHTS NHA is and shall remain the sole owner of all rights (including copyrights. shall adjust scheduling to the extent reasonably possible. the system and all plans.4 TERMINATION FOR CONVENIENCE OF NHA (a) NHA shall have the right at any time and from time to time during the Term. Among OMC. For purposes of this Agreement. and for any reason whatsoever in NHA’s sole discretion. b. disclose or otherwise use such information for any purpose other than in performance of its duties hereunder without NHA’s prior written consent.

printer 48 . all the costs related to performing the services as per conditions stipulated in this agreement likely but not limited to utility charges.6 APPLICABLE LAWS AND REGULATIONS OMC shall perform services incompliance with the standards and requirements set forth in this agreement. ARTICLE III PERFORMANCE INDICATORS AND PENALTIES 3. regulations. good business practices and Laws of Islamic Republic of Pakistan. MANAGEMENT AND MAINTENANCE COSTS In any case. Any shortfall in revenue due less toll amount will be recovered from the due payment of share Advance Security of OMC. 3.1 TERM OF AGREEMENT The term of this Agreement (the “Term”) shall end on 30th June 2015 measured from the Effective Date. Revenue sharing would be as per following percentage:NHA’s share in percentage term = ___________________% OMC’s share in percentage term = ___________________% 3. thermal printer rolls. upon instructions of the Employer. minimum traffic efficiency as per table para 9. minimum traffic efficiency given in the Clause 9. TOLL LOCATION The location of toll plaza is ____________ on National Highway (N-____). in at to or 3. rules statues. running/maintenance of standby generator.1 (m) of LOI shall have to be guaranteed by OMC.5 TOLL EFFICIENCY 100% toll revenue as per cash declared by ETTM will be deposited the NHA account.2 EFFECTIVE DATE The Effective Date shall be the date upon which OMC shall. however. commence performing the services of collection of toll on the specified toll plaza awarded to OMC after signing of the Contract Agreement. 3.1 (m) LOI is to be guaranteed. operational expenses including office stationery. maintenance of toll plaza/ETTM equipment.4 REVENUE SHARE The OMC will deposit revenue as per cash declared by ETTM system. salaries and other applicable benefits of the staff. however.3 3.2.6 OPERATIONS. applicable laws. payment of all relevant taxes.

1 OMC shall ensure that the approved toll rates are charged without a single violation throughout the year. No lane(s) shall be closed for more than two (02) hours in twenty four (24) hours. conveyance and accommodation. round the clock ETTM system shall be kept operational.7. etc.1 Toll Operations General (1) 24 hours a day. shall be borne solely by OMC and without any recourse to the Employer. Milk truck M-3000. 3. Wagon upto 24 seats. Tractor without Trolley and equivalent.2 If toll rates are enhanced by NHA during the currency of contract.8 PERFORMANCE INDICATOR The following performance indicators are being established. provided 49 . 3.7. in which the performance of OMC shall be monitored by NHA: 3.8.7 Toll Rates 3. The toll rates on National Highways are given as under: Rates on National Highways (Per Crossing) (Rs. Buses/Coaches with more than 25 seats 2/3 Axle Trucks / Tractor with Trolley 4/5/6-Axle Articulated Trucks 2 35/- 3 4 5 75/90/175/- 3. Pick-up-all types modified to carry passengers (Toyota Hilux single/double cabin).) 25/- Class Vehicle Category 1 Car/Jeep/Land Cruiser/Pajero/ and all types of Suzuki van/pick-up. Coaster and Mini Bus built on T-3500 Mazda Chassis (upto 24 seats) and Mini Truck/Tanker built on T-3500 Mazda Chassis. all toll booths shall be manned & toll lanes shall be kept operational. 365 days a year. then the OMC shall act accordingly.cartridges.

no other person should be seen with in toll booths. All incidents generated in ETTM system will be accurately and promptly cleared by the OMC staff. No guests shall be allowed to meet the toll collection staff at site during operations. All staff on duty shall wear the uniform duly approved by NHA. Courteous behavior will be maintained with commuters. All facilities of NHA shall be kept in tidy condition all the times. The name. toll lanes and toll plaza offices. Healthy and safe working environment shall be ensured in and around the toll booths. (2) Well trained and qualified staff will be provided for performing the services. All shifts will be closed in ETTM system promptly upon completion. CNIC numbers of toll booth operator and contact numbers of key administrative staff of OMC and NHA officers will be displayed on the toll booth for public information during duty hours. Commuters shall be properly greeted upon approaching and leaving the toll booth. Only toll collection staff & security staff shall be allowed at toll collection booths. 50 (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) . if needed to be carried out.that prior information is given to NHA for necessary repairs. Standby Generator/UPS along with batteries will be maintained and provided as described in scope of Services. Insurance coverage as required under this agreement shall be properly maintained by the OMC against any loss except exclusions. Prevailing Toll Rates of NHA shall be prominently displayed at the toll plaza for convenience of commuters.

canopy lights. lane areas. entry and exit ramps. toll plaza buildings. Road Lights fixed on entry/exit ramps will be repaired and made operational by the OMC upon taking over and shall be maintained in operational condition all the times. conserving the asset at its value of the 1st year of operations. 3. OMC will adjust value of asset with every improvement or further additions to the asset. round the year in clean and tidy condition as per standards defined in Scope of Services. The OMC shall beautify the premises by landscaping & maintain such beautification throughout the year ensuring healthy environment. toll operation offices & its premises/ETTM equipments.8. (16) (17) (18) (19) 3. including toll booths.8. sign boards etc. . 3. all electrical. Preparations. The management. after improvement in future years. OMC shall replace the furniture/fixtures rated as damaged upon taking over.4 MAINTENANCE: a. road lights. 51 b.2 ASSET INVENTORY The OMC and NHA shall jointly develop detailed asset inventory and its current value and condition.(15) Commuters will be provided with the services like drinking water in disposable glasses. Safety measures will be ensured in case of fog and in hours of low visibility. Energy conservation policy of Government of Pakistan as conveyed from time to time will be followed in true spirit. Gross toll revenue collection will be deposited in exact amount in the NHA’s designated bank account on weekly basis. operational & security staff to be available at site at all times throughout the year. barriers. ablution. water supply. The OMC shall maintain toll plaza. at minimum.3 MANAGEMENT OF TOLL PLAZA OMC shall ensure: a. updating and keeping of documentations/record and operating strictly in accordance with the conditions contained herein. prayer place and first aid. b.8. OMC shall operate and manage the toll plaza and administrative control buildings and other assets of NHA with an objective of increasing the asset value or. boom arms. neat and well maintained wash rooms. plumbing. Canopy lights. canopy.

52 v.6. Upon recording of any event of tempering in any form with ETTM sensors/equipment.100.17.01 million to Rs. In case of failure to do so.40.50 million 2 Rs. iii. iv.15.00 million 7 Rs.000 per day Rs.per occurrence shall be imposed and five black dots will be imposed by NHA.000/.000/.00 million 5 Rs.20.9 PENALTIES: Failure of OMC to comply with the requirement as indicated in the Scope of Services and Article III of Contract Agreement more particularly as per established performance indicators shall make him liable to the penalties as stated below: i.00 million 6 Rs.23.000 per day Rs.3. In case of overcharging by OMC a penalty of Rs.30. the OMC shall be fined Rs.e 21st of current month. .00 million 4 Rs.0. After the 14th day of delay (excluding 1st week) i.01 million to Rs. If the toll revenue is not deposited in NHA’s designated account by 1st week of current month.15.10.01 million & above Amount of Penalty Rs. In such case OMC will stand liable for deposition of amount in lieu of shortfall to the toll revenue security to maintain it at optimum level by 5th of next month positively.3.51 million to Rs. contract shall become liable to terminate under default of OMC.00 million 3 Rs. it will be treated as non-curable event.0.01 million to Rs. For non performance with respect to any of the performance indicators as set out above and service levels defined in Scope of Services.11. In case the monthly amount deposited by the OMC is less than the minimum guaranteed monthly traffic efficiency than the difference will immediately be recovered from the toll revenue security without any notice.000 per day Rs.25.000 per day Rs.01 million to Rs.000 per day ii.8.40.per occurrence and a black dot will be recorded at every curable event. one black dot with each day of delay will be awarded and the following penalty mechanism shall become applicable and effective automatically:S# Monthly installment Amount (Net) 1 Upto Rs.30.20.500 per day Rs.000 per day Rs.10.100. five black dots will be awarded.

50.vi. shall at all times remain its employees. 4.10 CAPITAL EXPENDITURE All capital expenditure required for effecting necessary improvements to the toll plaza infrastructure and allied facilities except as provided herein shall be borne by NHA as highlighted by the OMC while preparing the inventory of NHA assets.2 RE-ASSIGNMENT OMC shall structure its relationship and procedures with its employees so that the employees may be assigned to. its agents and employees shall observe and fully comply with all laws. agents or subcontractors of NHA and that OMC will 53 (b) . 3. ordinance and regulations that may be in force and effect from time to time hereafter and in particular all applicable labour laws. 4. It is hereby acknowledged that the OMC’s employees and agents and subcontractors.4 COMPLIANCE WITH WORKPLACE & LABOUR LAWS (a) Throughout the Term.1 REMOVAL Promptly upon instructions to such effect from NHA. Such employee shall not be reassigned to perform any work relating to the Services except with the express written consent of the NHA.3 DRUG-FREE WORKPLACE REQUIREMENTS Throughout the Term.will be imposed and a black dot will also be recorded.000/. as the case may be. agents and subcontractors. a penalty of Rs. the OMC shall remove from activities associated with or related to the performance of this Agreement any employee whom NHA considers (for any reason whatsoever and in NHA’s sole discretion) unsuitable for such work. the OMC. OMC shall provide a drug-free workplace (within Toll plaza) by establishing a drug-free workplace and program in compliance with NHA policy. No compensation in any form shall be paid to OMC by the NHA in consideration for the right of removal described in this paragraph or in consideration of an exercise thereof. and are not employees. reassigned or transferred from one toll collection location to any other location without impediment. while performing under this Agreement. 4. If the shift is not closed within three hours of completion. ARTICLE IV REMOVAL/RE-ASSIGNMENT 4.

OMC’s proposed equal employment opportunity policy and as per the existing rules of OMC’s Organization. delegate or subcontract its rights or obligations under this Agreement. OMC shall follow the Minimum Wage Rate Policy of Government of Pakistan during the currency of contract as amended from time to time. according to the rules and regulations. NHA shall not bear any liability. 25% of the staff on toll plaza in the vicinity of major cities may consist of female gender during day time shifts.5 implementation. OMC shall submit details of all employees on quarterly basis to the programme designer for evaluation of clause 4.1 ASSIGNMENTS RIGHTS AND LIMITATIONS (a) NHA has selected OMC to perform the Services based upon characteristics and qualifications personal to the OMC and its employees. labor and employment. OMC shall submit to NHA for its review and approval. Any attempt by OMC to assign or subcontract any performance of this Agreement without such consent shall be null and void and shall.5 MANDATORY EQUAL EMPLOYMENT OPPORTUNITY (a) On or Ten (10) days after the Effective Date. OMC shall designate a liaison officer who will administer and oversee the program adopted by OMC in accordance with subparagraph (a) and shall keep complete and accurate records of all procedures and decisions relating to hiring of individuals. In this regard. 4. ARTICLE V ASSIGNMENTS OF AGREEMENT. if convicted of any crime.1 TERMS FOR DEPOSIT OF TOLL RECEIPTS 54 . Therefore.not be acting as NHA’s agent or on its behalf for purposes for complying with laws and regulations pertaining to workplace safety. constitute a default under this Agreement. ARTICLE VI DEPOSIT OF TOLL RECEIPTS/PAYMENTS 6. OMC may not assign. at NHA’s option. (b) (c) (d) (e) 4.6 NOTIFICATION OF CONVICTION OF CRIMES OMC shall notify the NHA of disciplinary action taken against its employees. SUBCONTRACTS 5.

The OMC shall deposit the gross toll revenue declared as per ETTM system to NHA’s designated account on weekly basis under this agreement. regulations 55 . assets and personality. OMC shall take all reasonable precautions in the performance of the services and shall cause its employees to do the same.3 PAKISTAN TAX LIABILITIES All taxes including Income Tax/Sales Tax/Surcharge or any other Levy imposed by the Government of Pakistan shall be paid by the OMC according to prevailing laws of income tax in Pakistan during the currency of contract. All payments due to OMC will be paid by NHA within 42 days of receipt of Invoice after making any adjustment under the provisions of this contract agreement and for any shortage of revenue against minimum guaranteed traffic efficiency. OMC shall comply and cause its employees and officers and all other persons for whom OMC may be legally or contractually responsible. Other property of OMC and its employees and officers and all other persons for whom OMC may be legally or contractually responsible or adjacent to the Plazas or other areas upon which services are performed.4 PAYMENTS OMC will submit its invoice on monthly basis to the office of GM Region for its claim pertaining to service charges in shape of OMC revenue share. OMC shall be solely responsible for the safety of. injury or loss to: (i) All employees of OMC and other persons who are on or about the Plazas or would reasonably be expected to be affected by the performance of the services. (ii) (iii) b. All personnel and corporate taxes will be paid by the OMC or his personnel. rules. with applicable laws.1 OPERATION & MANAGEMENT CONTRACTOR’s RESPONSIBILITIES a. 6. In the event of failure of the NHA to make payment within the stipulated time. and shall provide protection to prevent damage.2 CURRENCIES OF DEPOSIT/PAYMENT All deposits due under the contract shall be made in Pakistani rupees. Members of the public who may be traveling through the plazas and their vehicles. OMC may claim interest at the prevailing commercial rate accrued on payment certificate. ordinances. ARTICLE VII INDEMNIFICATION AND LIABILITY 7. 6. 6.

relating to or resulting from: i. rule. costs and expenses (including. a. suits. The performance by OMC (or its employees. OMC shall defend. ii. and the officers. without limitation. officers or any other persons for whom OMC may be contractually or legally responsible) of the services or other duties or obligations set forth in this agreement or the failure to perform the services in the manner herein required.and orders of public authorities relating to the safety of persons and property and their protection from damage. agents. d. indemnify and hold harmless NHA and each of the individuals that is now (or may in the future become) a member of NHA successors and assigns. know-how. c. proprietary information. OMC shall ensure that all of its activities and the activities of its employees and officers and all other persons for whom OMC may be legally or contractually responsible are undertaken in a manner that will minimize the effect on surrounding property and the public. 56 . attorneys’’ and experts witness fees and costs that may be incurred in connection with the enforcement of this paragraph) arising out of. causes or action. consultants and employees of any of the foregoing (collectively referred to as the “Indemnified Parties”) from and against any and all claims. The failure of OMC (or its employees or officers or any other persons for whom OMC may be contractually or legally responsible) to comply with any applicable law. NHA or brought about by the acts or omission of OMC or its employees or officers or any other persons for whom OMC may be legally or contractually responsible. directors. Any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets. injury or loss. losses liabilities. copyright rights or inventions in performance of the services or other duties or obligations set forth in this agreement. ordinance. legal or administrative proceedings. ii. regulation or statue in performing the services or other duties or obligations set forth in this agreement. 7. response costs. whether such property is owned by OMC. OMC shall be responsible for all damage and loss that may occur with respect to any and all property located on or about the Plazas or in any way involved in the provision of services by OMC.2 INDEMNIFICATIONS BY OMC. patents. damages.

Except to the extent permitted by law. officers or any other persons for whom OMC may be contractually or legally responsible) to cooperate reasonably with such contractors. theft or conversion of collected toll funds by employees of OMC. The assertion by any OMC or other person that inconvenience. 7. Any act or omission of OMC (or its employees or officers or any other persons for whom OMC may be contractually or legally responsible). delay or loss has been cause all or in part by actions or interference of OMC (or its employees. officers or any other persons for whom the NHA may be contractually or legally responsible.3 NO EFFECT ON OTHER RIGHTS The foregoing obligations shall not be construed to negate. or reduce other rights or obligations that otherwise would exist in favor of a party indemnified hereunder.2 shall not inure to the benefit of an Indemnified party so as to impose liability on OMC for matters caused by the negligence of NHA. but not limited to. disruption. abridge. as to the amount or type of damages. 57 . under the terms of or as a consequence of any workers’ compensation. as per the existing rules of OMC. ARTICLE VIII SECURITIES AND INSURANCES 8. the indemnification provisions set forth in this Paragraph 8. Any shortage of tolls collected in accordance with and to the extent provided in section 8. the provisions of this Paragraph 8. subcontractors. v.1 ISSUES OF SECURITIES AND INSURANCE OMC shall arrange securities and insurances acceptable to NHA as described herein and shall maintain such securities and insurance in full force and effect throughout the Term in the manner specified herein. any act or omission that may cause.iii.2 shall not be limited. b. c. or other persons. If any claim shall be filed by an employee of OMC (or anyone for whose acts they may be liable). iv. or so as to relieve NHA of liability for the consequences of its own negligence or the negligence of its employees.3. including. compensation or benefits payable by or for OMC or otherwise. or arising out of the negligence of OMC. result in. and any robbery. or contribute to the injury to or death of persons. or the damage to or loss of property.

In millions) 13 40 34 25 24 16 28 08 in the name of “Road Maintenance Account.9 Article-III of Conditions of Contract. National Highway Authority.3 million Rs.8 & 3.2 million Rs.2 million Rs.3 million Rs. OMC shall deliver to NHA a performance security in shape of (Pay Order / Demand Draft) / Performance Bond / Performance Bank Guarantee in the format set out in “Sample Form-PS” given at the end of RFP or Insurance Performance Bond from a companies listed on NHA Penal give in Clause 8. Islamabad” to indemnify NHA against any loss resulting 58 . 8. S# 1 2 3 4 5 6 7 8 Name of Toll plaza Iqbal Shaheed (N-5) Sangjani (N-5) Mandra (N-5) Terraki (N-5) Jhelum (N-5) Chenab South (N-5) Khanbela (N-5) Qutbal N-80) Performance Security/Bond Rs.3 million Rs.3 million Rs.5 for the performance of OMC against the provisions of this Agreement.3 million Rs.8.2 million NHA may apply any or all of such security to reimburse it for damages caused by any defaults of OMC under this Agreement or to remedy any Event of Default. a cash security in the shape of Pay Order/ Demand Draft / Bank Guarantee in the format set out in sample form PS (given at the end of RFP) in an amount equivalent to Net Guaranteed Revenue for one month toll plaza wise as under:S# 1 2 3 4 5 6 7 8 Name of Toll plaza Iqbal Shaheed Sangjani Mandra Terraki Jhelum Chenab (South) Khanbela Qutbal Amount (Rs. the OMC shall furnish to NHA. within a period of Fourteen (14) days after the receipt of Letter of Acceptance.3 TOLL REVENUE SECURITY As security for monthly toll revenue deposits.2 PERFORMANCE SECURITY/BOND Within a period of Fourteen (14) days after the receipt of letter of acceptance. NHA will authorize the release and return of the performance security to OMC after 84 days of expiry of contract subject to any adjustment due under clause 3. If OMC is not in default at the expiration or termination of this Agreement.

insurance for all assets of Employer handed over to OMC for performing services under this contract agreement against loss & damage due to any reason except exclusions listed in clause 8. 200. The premium for such insurances shall be paid by the OMC. b. on site and in transit. NHA shall authorize release of the Toll Revenue Security after 84 days of expiry of contract if all works performed was in compliance with the terms and conditions of the Agreement subject to any adjustment due under clause 3. By its submission of its security(s).500. INSURANCE COVERAGE FROM “AA” RATED INSUARNCE COMPANIES (Panel of Insurance Companies revised vide Finance Wing Letter no.7 at replacement value plus 25%. NHA-FinF/08/59/2012-365 dated 26th April 2012) Sr. till deposition in NHA’s Account in an amount adequate to cover any revenue loss as NHA will not entertain any claim in this regard.5 FORMS OF INSURANCE COVERAGE AND MINIMUM LIMITS OMC shall maintain insurance policies throughout the Term with the following coverage and minimum limits: a. OMC shall obtain and maintain during the currency of contract.from OMC’s failure to fulfill the requirements of providing precise and prompt revenue deposits. Rating not available AA .# 1. d. c. insurance for all it’s employees working on project site against injury or death having a minimum coverage of Rs. Based Co. 8. 8. executed by the corporate surety with a date reasonably proximate to the date of the security.8. OMC shall obtain and maintain comprehensive health insurance for all its staff working on project site. These undertakings shall be expressly acknowledged in the security.000/. The OMC shall obtain and maintain during the currency of contract. Article-III of Conditions of Contract. e.for each case of injury/disability with unlimited number of incidents. the dispute resolution procedures set forth herein.4 ADDITIONAL REQUIREMENTS Performance security executed by an agent or an attorney-in-fact for the corporate surety shall include a power of attorney to the signatory agent or the attorney-in-fact. OMC shall obtain and maintain during the currency of contract.000/-in case of death and Rs. insurance for loss of revenue. 2 Name of Insurance Company National Insurance Co Adamjee Insurance Co 59 Rating Govt.

5 to include loss or damage caused by: a. or from any nuclear waste from the combustion of nuclear fuel. or loss of or damage to any property (other than the operations). or ionizing. b. charges and expenses whatsoever in respect thereof or in relation thereto. costs. insurrection. c. proceedings. Premier Insurance Co. AA AA AA A+ A+ A+ A A A A A RESPONSIBILITY FOR AMOUNTS NOT RECOVERED Any amounts not insured or not recovered from the insurers shall be borne by the Employer or the OMC in accordance with their responsibilities under Clause 8. or military or usurped power. invasion. which may arise out of or in consequence of the execution and completion of the operations. or civil war. 60 . d. radio-active toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof. rebellion. act of foreign enemies.6 EFU General Insurance Co International General Insurance (IGI) Co Jubilee General Insurance Co Atlas Insurance Co Habib Insurance Co Security General Insurance Co Askari General Insurance Co. radiations. or pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds.3 4 5 6 7 8 9 10 11 12 13 8. United Insurance Co. death of or injury to any person. damages. Century Insurance Co. and against all claims. or contamination by radio-activity from any nuclear fuel.8 DAMAGE TO PERSONS AND PROPERTY The OMC shall. b. indemnify the Employer against all losses and claims in respect of: a. revolution. except if and so far as the Contract provides otherwise. Alfalah Insurance Co.7. 8.7 EXCLUSIONS There shall be no obligation for the insurances in Sub-Clause 8. 8. hostilities (where war be declared or not). war.

Such insurance policies shall be consistent with the general terms agreed under this contract agreement. without limiting his or the Employer's obligation and responsibilities under Clause 8. costs. extent or programme for the execution of the Works and ensure the adequacy of the insurances at all times in accordance with the terms of the Contract and shall. 61 . provide the insurance policies to the Employer. damages. each shall indemnify the other against all losses and claims arising from such failure. The OMC shall effect all insurances for which he is responsible with insurers and in terms approved by the Employer. produce to the Employer the insurance policies in force and the receipts for payment of the current premiums.10 THIRD PARTY INSURANCE (INCLUDING EMPLOYER'S PROPERTY) The OMC shall.12. 8. proceedings.14 COMPLIANCE WITH POLICY CONDITIONS In the event that the OMC or the Employer fails to comply with conditions imposed by the insurance policies effected pursuant to the Contract.11 EVIDENCE AND TERMS OF INSURANCES The OMC shall provide evidence to the Employer prior to the commencement of works at the Project Site that the insurances required under the Contract have been effected and shall. charges and expenses in respect of the matters referred to in the exclusions defined in Sub-Clause 8. 8. or fails to provide the policies to the Employer within the period required by Clause 8. insure.13 REMEDY ON OMC'S FAILURE TO INSURE If the OMC fails to effect and keep in force any of the insurances required under the Contract. then and in any such case the Employer may effect and keep in force any such insurances and pay any premium as may be necessary for that purpose and from time to time deduct the amount so paid from the securities of the OMC. 8.11) or loss of or damage to any property (other than the Works) arising out of the performance of the Contract.7. in the joint names of the OMC and the Employer. when required.8.12 ADEQUACY OF INSURANCES The OMC shall notify the insurers of changes in the nature.8. 8. against liabilities for death of or injury to any person (other than as provided in Clause 8.9 INDEMNITY BY EMPLOYER The Employer shall indemnify the OMC against all claims. within 84 days of the Commencement Date. 8.

or bye-law of any local or other duly constituted authority in relation to the execution and completion of the Works and the remedying of any defects therein. Any National or State Statute. with the provisions of: a. and the OMC shall keep the Employer indemnified against all penalties and liability of every kind for breach of any such provisions. Maximum number of such occurrences is limited to (03) three 2) 9.1 DEFAULT BY OMC Default by OMC is hereby categorized as under:1) NON CURABLE DEFAULT: Event(s) of Default which will not be granted a cure period upon occurrence and will result immediate termination of contract without any recourse. including by the giving of all notices and the paying of all fees.15 COMPLIANCE WITH STATUTES.16 INSURANCE COMPANY The OMC shall be obliged to place all insurances relating to the contract with insurance company operating in Pakistan and acceptable to the Employer 8. or any regulation. ARTICLE IX DEFAULT REMEDIES 9. REGULATIONS The OMC shall conform in all respects. b. Ordinance.2 EVENTS OF DEFAULT 62 . CURABLE DEFAULT: Event(s) of Default which will require grant of cure period at the assessment of Employer at its sole discretion. Provided always that the Employer shall be responsible for obtaining any planning.9. or other Law. 8. Failure of OMC to cure such Default during the cure period shall result termination on Default by OMC and forfeiture of Performance and Toll Revenue securities. not exceeding 30 days after issuance of such Notice from the Employer. zoning or other similar permission required for the Works to proceed and shall indemnify the OMC in accordance with SubClause 8.8.17 PROCUREMENT OF INSURINACE COMPNAY The OMC shall procure and submit the insurance coverage within a period of 28 days from the date of receipt of acceptance letter. and The rules and regulations of all public bodies and companies whose property or rights are affected or may be affected in any way by the Works.

h. tempering of any form and recorded in the ETTM system due to sensors blockages and placing some metal object on magnetic loop in lanes like AVC sequence error and Roll Back error etc. Advances and ensuring all due recoveries. 63 b. in any proceedings.Following are events of Default by OMC:a. c. admission in writing by OMC of its inability to pay its debts generally as they become due filing of a petition or answer proposing the adjudication of OMC as bankrupt or insolvent pursuant to any bankruptcy law or similar in any court. This error shall be considered as gross violation and non-curable event for declaring the OMC as defaulted. filing by OMC of a petition in bankruptcy or for reorganization or for an arrangement pursuant to any federal or state bankruptcy law or any similar federal or state law: adjudication of OMC as a bankrupt or insolvent. trustee or liquidator of OMC. Imposition of cumulative 10 black dots under clause 3.e till 21st day (Non Curable) To extent allowed by law. . Appointment of a receiver. if the appointment was not requested by OMC (Non Curable). None deposition of toll revenue for two (02) weeks delay after due period of one week i. f. d. Attempt by OMC to assign its rights or delegate its obligations in contravention of the terms of this Agreement or execution by OMC of a Subcontract in violation of the terms of this Agreement (Non Curable).8 (non curable). g. or of all or substantially all of the assets of OMC. if observed or evidenced then the OMC shall be held responsible. i. and failure of OMC to discharge such petition or answer within ninety (90) days after the filing thereof (Non Curable). and failure of OMC to cause such appointment to be canceled or discharged with ninety (90) days after such appointment. e. assignment by OMC for the benefit of creditors. Failure by OMC to satisfy or post bond with respect to any final judgment against within ten (10) days of entry of the judgment (Non Curable). The OMC shall be blacklisted for future bidding in NHA after forfeiture of Performance Security. Failure by OMC to comply with its duties and obligations under this Agreement (Curable). Errors generated. Delay in commencement or discontinuance by OMC in the performance of the Services being rendered pursuant to this Agreement (Curable).

and if NHA fails to hand over possession of Project Site for performing the O&M services under this Contract at the expiry of Bid Validity period or any extension agreed under clause 3.2 of the LOI. NHA will issue Notice of Default specifying the Cure Period. 9.3 RIGHTS OF NHA UPON OCCURRENCE OF EVENT OF DEFAULT BY OMC a. n. NHA shall terminate this Agreement on Default of OMC and take over possession of all the facilities forthwith from the OMC and without any recourse. or placement of the names of OMC or any employee or affiliate of OMC on the convicted vendor list (Curable). Failure of OMC to secure or maintain insurance coverage of the types and with the coverage’s herein required (Curable). Lack of financial responsibility evidenced by failure to promptly reimburse NHA for any loss or damage to NHA or its property (Curable). 9. willing or knowing participation by OMC in a fraud (Curable). k. 9. NHA will take over possession of all the facilities from OMC without any recourse. In case of occurrence of Curable Default by OMC. l. embezzlement or false reporting of financial information by OMC or any Key Personnel. b. m. If the Cure of such Event of Default is not accomplished by the OMC with in Cure Period.j.5 RIGHTS OF OMC UPON OCCURRENCE OF EVENT OF DEFAULT BY NHA 64 . subject to any final settlement of outstanding claims by NHA. modified or supplemented from time to time (Curable). b. Failure by OMC to perform any component of the Services in a manner as specified in Contract Agreement as it may hereafter be amended. failure to return the Performance Security upon the expiry of validity period. Dishonesty. Performance & Toll Revenue securities shall also be forfeited by the Employer.4 DEFAULT BY NHA The occurrence of anyone or more of the following events shall constitute an event of default by NHA under this Agreement: a. In case of occurrence of Non Curable Default by OMC. Performance & Toll Revenue securities shall also be forfeited by the Employer. Conviction of any employee or affiliate of OMC of a public entity crime.

1 Obligations Immediately upon expiration or termination of this Agreement. whether at the expiration of the term or otherwise. ARTICLE X OBLIGATIONS OF THE PARTIES UPON TERMINATION OR EXPIRATION OF THIS AGREEMENT 10. Within fifteen (15) days after OMC’s submission to NHA of the information described in subparagraph (a) OMC shall cancel or terminate all employment agreements. Such information shall be in sufficient detail so that: (i) (ii) (iii) NHA may have the ability to contact each employee. OMC shall submit to NHA detailed information employee of OMC performing work under this Agreement. NHA can easily determine the role or function of each in regard to OMC’s obligations hereunder and If it so elects. 1940. 9. OMC shall initiate settlement of all outstanding liability and claims arising out of the commitments or agreements to be cancelled. ARBITRATION All disputes or differences which shall at any time arise between the parties concerning this Agreement shall be referred to a single arbitrator in accordance with the Pakistan Arbitration Act. and avail such other remedy to which it may be entitled under this Contract Agreement and the law.6 lodge a complaint with the Chairman. b. 65 c. The arbitration proceedings shall take place at Islamabad and shall be conducted in the English language. Promptly upon termination. NHA in respect of the Event of Default by NHA and seek a review thereof. The Award of the Arbitrator shall be final and binding upon both parties. OMC shall use its best efforts to cancel or minimize any employment commitments or agreements that NHA does not intend to assume.If NHA commits an Event of Default. . the parties shall do the following. OMC shall be entitled to exercise either or all of the following remedies: a. b. NHA may engage each employee on substantially the same terms as had been contracted by OMC.a.

the rights and entitlements of OMC pursuant to this Agreement shall revert to. agents and contractors. 1991. OMC shall ensure that the Project Site and the assets thereon upon the date of early termination or expiry are free of all liens and charges. inspect the Project Site and assets thereon including all civil works.3 TRANSFERS UPON EARLY TERMINATION OR EXPIRY Upon early termination or expiry of this Agreement in accordance with the terms and conditions set out herein. OMC shall hand over vacant and peaceful possession of the Project Site and the assets thereon to the NHA in accordance with the terms and conditions as set out in this Agreement. in a properly maintained and operational condition. vacate the Project Site immediately on the date on which the termination or expiry takes effect and hand over the same to the NHA or a duly nominated representative thereof. The NHA shall. installations. servants. 10. of its obligation for and concerning any claims arising out of the work performed. employees. OMC shall immediately cease to perform the Services on the Project Site and shall remove all its workmen.10. 10. Upon early termination or expiry of this Agreement.2 EXPIRY DATE This Agreement shall expire upon 30th June 2015 unless terminated earlier pursuant to the terms of this Agreement.4 CONTINUING LIABILITY Termination of this Agreement or any portion thereof shall not relieve OMC of its responsibilities of the completed portions of the Work. Notwithstanding any dispute between the Parties or any claim against the NHA. Failure by OMC to so transfer the Project Site to the NHA in accordance with the terms and conditions of this Agreement shall be treated as encroachment and unauthorized occupation by OMC and may be dealt with by the NHA under Section 12 of the National Highway Authority Act. vest in or remain vested in the NHA. Any dispute between the Parties or any claims of OMC against the NHA shall not in any case entitle OMC to refuse or delay the transfer of the Project Site to the NHA. if any. 10. nor shall it relieve OMC’s surety. equipments and facilities and shall issue a transfer certificate to OMC specifying the condition of the Project Site and the assets thereon and whether OMC has failed to abide by any of its obligations under the Agreement. NHA may appropriate any or all materials and equipment on site and may enter 66 . as the case may be.5 COMPLETION OF THE SERVICES If the OMC commits an Event of Default hereunder.

All such variations and amendments shall be binding only if they are in writing and are signed by duly authorized representatives of the Parties. ARTICLE XI MISCELLANEOUS PROVISIONS 11. assigns and legal representatives. by notice. may. but shall be under no obligation to. or any duty. Any party hereto. the assignee shall have all rights accorded to NHA. 11. altered. agreement. REPRESENTATIVES (a) COOPERATION WITH NHA and OMC shall each designate an individual (or individuals) who shall be authorized to make decisions and bind the parties on matters relating to the effectuation of the Agreement and the operations and maintenance required hereunder. 11. obligation or covenant of any other party hereto.1 WAIVER This Agreement may not be amended.2 VARIATIONS IN WRITING This Agreement may be varied or amended only by the mutual consent of the Parties. or make 67 . permitted assigns and legal representatives. The designated individuals shall not have the right to make decisions inconsistent with the Agreement. and shall be binding upon an inure to the benefit of OMC and its permitted successor. and as such. term and condition of this Agreement shall continue in full force and effect with respect to any other then-existing or subsequent breach thereof. the term “NHA” as used in this Agreement shall be deemed to mean the assignee of NHA. No waiver shall affect or alter this Agreement. or changed in any respect whatsoever.into an agreement with any other party for the performance of services under the Agreement or may use other methods which. waive any of its rights or any conditions to its obligations hereunder. term or condition. 11. except by a further agreement in writing duly executed by the parties hereto. agreement or condition set forth in this Agreement or to exercise any right or remedy upon a breach thereof shall constitute a waiver of any such breach or of such or any other covenant.4 DESIGNATION OF REPRESENTATIVES. agreement. but each and every covenant. in the opinion of NHA are required for the performance of the Services in an acceptable manner.3 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of NHA and its successors. In the event of any assignment of this Agreement in whole or in part by NHA. duty. without recourse to legal remedies. modified. No failure by either party to insist upon the strict performance of any covenant.

Each of the employees and officer of OMC and any Subcontractors shall be obligated to pay the standard rate of all applicable tolls for use of the Roadways.amendments thereto or take any action or make any decision that are not allowed under applicable law.5 GRATUITIES Neither OMC nor any of its employees.9 PERMITS. The provision of such information shall not in any manner diminish OMC’s rights or obligations under any other provision hereof. 11. LICENSES. no board member. agents and representatives shall offer or give loan. or authorize anyone other party hereto to maintain a suit for personal injury or property damage pursuant to the terms or provisions hereof. fees and taxes. 11. 11.8 LIMITATION ON THIRD PARTY BENEFICIARIES This Agreement shall not create any third party beneficiary hereunder. 11. The parties may also designate technical representatives who shall be authorized to investigate and report on matters relating to the Services and negotiate on behalf of each of the parties but who are not authorized to bind NHA or OMC.6 CONFLICT OF INTEREST During the Term and for a period of three (03) years thereafter. by their inherent character. Designations of representatives may be changed by a subsequent writing delivered to the other party. ETC. sense and context are intended to survive termination of this Agreement. and shall give all notices necessary and incidental to the 68 .5. OMC shall procure and maintain. reports. and other documents or assistance reasonably requested by NHA. certificates. 11. shall pay all charges. OMC shall provide such data. gifts. entertainment. official or employee of NHA. Such representatives shall attend any settlement conference conducted in accordance with Paragraph 9. and all other provisions which. at its sole expense. other than the Indemnified Parties.7 SURVIVAL The dispute resolution provision set forth in Article IX. shall survive the termination of the Agreement. payment of loans or other gratuities to officer. officers or employees of NHA during his or her tenure shall have any direct interest in this Agreement or any direct or material benefit arising there from. all permits and licenses that may be required in connection with the performance of Services by OMC. Throughout the Term. (b) OMC shall cooperate with NHA and all representatives of NHA.

Notice given by facsimile or telecopy shall not be deemed effective for purposes of this Agreement. Words not otherwise defined that have well-known technical or industry meanings. References to persons include there 69 . 11. Pakistan. amending or replacing the statute or regulation referred to. delivered or made by mail shall be deemed to be served. demand or document that is personally delivered shall be deemed to be delivered upon receipt by the party to whom the same is given delivered or made. Through Member (Finance)/General Manager (Revenue) National Highway Authority 27 – Mauve Area.12 INTERPRETATION (a) For purposes of this Agreement. delivered or made on the date of actual receipt. G-9/1. Copies of required permits and licenses shall be furnished to NHA in due course.10 GOVERNING LAW (a) This Agreement shall be governed by and construed in accordance with the laws of the Islamic Republic of Pakistan.due and lawful execution of the Services. exclusively.11 NOTICES AND COMMUNICATIONS (a) All notices required or permitted by law or by this Agreement to be given to the NHA shall be in writing and may be given by either personal delivery or by registered post or by a recognized courier service. are used in accordance with such recognized meanings. 11. to the authorized representative. Islamabad. 11. References to statutes or regulations include all statutory or regulatory provisions consolidating. the singular includes the plural and the plural shall include the singular. Phone: 051 – 9032606 Fax: 051 – 9261611 NHA’s Authorized Representative: General Manager (Region) (b) Any notice or demand given. Notices sent by courier service shall be deemed effective on the first business day. Any notice. Notice shall be sent to the parties at the addresses set forth below or at such other addresses as the parties shall designate to each other from time to time in writing. All communication to NHA shall be sent to NHA at the address set forth as follows: Chairman.

deficiency. in the case of governmental persons. or is otherwise in doubt as to the meaning of any provision of this Agreement. the name used is deemed to include any successor agency in the event the name is changed or the relevant functions are transferred. in writing. error or omission into this Agreement. Notwithstanding the foregoing. Where the government agencies are named. and shall fully and timely comply with. 11. all laws. 11. NAMES Words in the singular number are deemed to include the plural when the sense requires. to emergencies and other requirements for which it is clear that the intent is to require performance on a nonbusiness day. GRAMMER USAGE. 11. requirements relating. OMC may immediately notify NHA and request clarification of NHA’s interpretation of this Agreement. provided that if the date to perform any act or give any notice specified herein (including the last date for performance or provision of notice “within” a specified time period) falls on a Sunday or legal holiday.15 HEADINGS. and the plural shall similarly include the singular. such act or notice may be timely performed on the next succeeding working day.13 SEVERABILITY The invalidity of un-enforceability of any portion or provision of this Agreement shall not affect the validity or enforceability of any other portion or provision. even though the date in question may fall on a weekend or legal holiday. OMC shall observe all rules and regulations of health officials. persons succeeding to their respective offices functions and capacities.16 COMPLIANCE WITH LAWS OMC shall keep fully informed regarding. ambiguity. (b) If OMC discovers material discrepancy. OMC shall not require worker to work in surroundings or 70 .respective permitted successors and assigns and. The captions of the sections of this Agreement are for convenience only and shall not be deemed part of this Agreement or considered in construing this Agreement. ordinances and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority that may affect those engaged or employed in the performance of this Agreement. shall be required to be performed as specified. 11. Any invalid or un-enforceable portion or provision shall be deemed severed from this Agreement and the balance hereof shall be construed and enforced as if this Agreement did not contain such invalid and un-enforceable portion or provision.14 COMPUTATION OF PERIODS Reference of “days” contain herein shall mean calendar days unless otherwise specified.

11.18 ENTIRE AGREEMENT This Agreement. 12.19 NON-RELIEF FROM ACCURED LIABILITY The termination of this Agreement shall not relieve either Party of any liability that may have already accrued pursuant to the terms of this Agreement. guidelines. shall be read into and made integral parts of this Agreement.conditions that lack sanitation and hygiene or hazardous and dangerous to his or her health or safety. insurrection. including the Appendix attached hereto. and includes. riots. invasion. volcanic activity.21 ENTRY INTO EFFECT This Agreement shall become effective upon the signing by OMC and the NHA. 11. Such inspections shall not relieve OMC of any of its obligations under this Agreement. 11. major earthquake. and with respect to the subject matter hereof is accepted and agreed by NHA. shall supersede all agreements. explosions. ionizing radiation.1 General Force Majeure means an event which is not caused by and is beyond the reasonable control of either Party and whose occurrence could not have been reasonably foreseen at the date of this Agreement by exercise of due diligence and which makes performance of this Agreement impossible in the sense or mode contemplated by the Parties or so impractical as to be considered so impossible under the new circumstances. rules and regulations and all applicable laws of Islamic Republic of Pakistan in this regard. serious epidemics. unusual flood. radiation or chemical contamination. ARTICLE XII FORCE MAJEURE 12. civil commotion. 11. 11. but is not limited to war. oral or written. acts of terrorism.17 INSPECTIONS OMC shall permit (at all times) inspections desired by NHA. or any act of God. All policies.20 CONFLICT Except where expressly stated otherwise. in case of a conflict between any of the provisions of this Agreement and any provision of any document or instrument relating to the Project. the provisions hereof shall prevail.2 Notice of Force Majeure 71 .

the Parties shall meet and review in good faith the desirability and conditions of terminating this Agreement.If either Party is unable to perform or fulfill any of its obligations under this Agreement. 12.4 Continuation of the Agreement The Parties acknowledge that it is in their mutual interest that to the extent possible. 12. as a result of an event of Force Majeure.3 Termination due to Force Majeure Neither party shall by reason of such eventuality. be entitled to terminate this Agreement nor shall either party have any claim for damages against the other in respect of such non-performance for delay in performance. decisions concerning Force Majeure shall be directed towards the continued operation of the Project for the full duration of the Term as provided in this Agreement. and deliveries under and/or performance of this Agreement shall be resumed as soon as practicable after such eventuality has come to an end or ceased to exist provided that if the performance in whole or part of any obligation under this Agreement is delayed by reason of any such eventuality for a period exceeding fifteen (15) days. 72 . it shall give notice within three (03) days of the occurrence thereof to the other Party.

SCOPE OF SERVICES 73 .V.

0 1. Abbreviations. materials. support and maintenance services necessary to manage.3 SERVICES TO BE PROVIDED The services to be provided by the OMC are summarized as follows: furnish all labor. be interpreted as shown in Appendix A. Sound financial accounting of revenues and assets. and professional personnel to perform the duties and responsibilities assigned under the terms of the Contract. 1. courteous customer (patron) service and Service the best interests of the people of Pakistan and the National Highway Authority (NHA). 7 days a week. Management and Maintenance Contractor (OMC) to perform a variety of operations. Failure to maintain the level of professional services and performance specified in the Contract may provide cause for the OMC to be declared in default of Contract. The OMC shall provide tools/plants/equipment along with qualified management. throughout the year. the OMC is encouraged to provide a plan for superior toll collection operations. their intent and meaning shall. Responsive.1 GENERAL PURPOSE The National Highway Authority requires professional and technical services of Operations. plant/tools/equipment. 74 . technical.SCOPE OF SERVICES 1. personnel. management and facility maintenance activities related toll plaza and allied facilities handed over to the OMC for performing the services under this agreement. clerical. The NHA’s purpose is to develop and establish a program that meets the following objectives: (1) (2) (3) (4) Efficient toll collection operation. unless specifically stated otherwise. The OMC shall ensure that the NHA’s privatization objectives are met and maintained.2 TERMS AND ABBREVIATIONS Whenever in this scope of Services or in other documents pertaining to the Contract certain terms and abbreviations appear. 1. management and maintenance of toll plazas and associated facilities. Using these objectives as guiding principles. Glossary of Terms and Appendix B. operate and maintain the NHA’s Toll Plaza and associated site facilities/ETTM System 24 hours a day.

3. which includes all phases.4 PROGRAM IMPLEMENTATION National Highway Authority intends to commercialize toll facility operation which shall be carried out in most professional and in state of the art manner. Program Management and Administration. Mobilization.1 PROPERTY INVENTORIES Not later that fifteen (15) days after signing of contract Agreement of toll collections. These staff positions shall include at a minimum. 2. Any discrepancies shall be reported to the NHA in writing. 1. The OMC shall provide. each with its own specific task sub-categories: A. equipment and supplies necessary to run the operation of toll plazas as per requirement of NHA. C. implement and manage all services provided under the Contract according to an approved Standard Operating Procedures (SOP) and according to the terms and conditions described herein. shall be submitted with the last phase. 2.0 MOBILIZATION It is the NHA’s intent that the OMC shall use the period between notice to proceed and effective date for complete mobilization of its resources like staff. security guards and toll collections couriers. which will be provided by OMC. toll collection supervisor.0 3. The report shall be maintained current and shall be re-issued annually. The OMC shall maintain the uniforms in a presentable manner and ensure each person required to wear a uniform has sufficient supply. the services to be performed are described in the following primary categories. Facilities Maintenance. toll collectors. The property inventory report(s) shall contain a listing of all relevant property items by NHA inventory number. 75 . B. the OMC and NHA will jointly inventory all NHA and OMC’s-owned property at the plaza and associated ramp locations. General. The preliminary version of the report shall be submitted with each phase and a final report.For this Scope of Services.1 UNIFORMS GENERAL All employees required to meet with the public in a toll collection capacity shall be properly uniformed. A property inventory report shall be submitted.

financial. Program Management and Administration. sub-contractors or any other persons acting for and /or on behalf of the OMC shall hold in confidence the contract and all accompanying documents and other information and data.3. and Facility Maintenance. The OMC shall identify “Key Personnel” in each section and shall intimate the NHA as and when there is any change.e. Sets for both summer and winter are to be submitted. Toll Operations. Audit / Accounting.1 OMC OPERATIONS OFFICE (PROGRAM OFFICE) SECURITY AND INFORMATION CONFIDENTIALITY OF NHA DATA AND The OMC and its personnel. the OMC shall place the order in sufficient time to ensure that all collection personnel are uniformed upon phased commencement of operations by the OMC. 76 . agents.1 PROGRAM MANAGEMENT AND ADMINISTRATION FUNCTIONAL RESPONSIBILITIES The NHA’s program of toll facility operation and maintenance is composed of the following key functional areas: i. disclosed to it by the employer. Requirement for these key program areas are presented in the following sections. employees. whether technical. All tasks identified for each of the Contract sections shall be manpower resource loaded to allow a review of staff workloads. The OMC will provide an official replica of its logo and color scheme for the approval of NHA.2 MANPOWER PLANNING AND WORKLOAD PROJECTIONS The OMC shall identify all staff under each of the functional sections. or is deemed to be confidential sue to its nature.0 5. i.2 UNIFORM DESIGN The OMC shall submit a minimum of four (4). 5. 4. which id either expressly marked as confidential. two each for winter & summer proposed uniform designs for the NHA’s approval.0 4. iii. legal or commercial. 4. ii. Program Management and Administration Operations Facilities Maintenance The OMC shall provide adequate key management-level staff and resources in these areas to develop and maintain an effective program. Upon approval of the uniform design.

The OMC hereby undertakes to use the Employers information only in accordance with the purpose of fulfilling the Agreement. or any particulars of it. all Confidential Information disclosed hereunder. without first notifying the NHA and securing its consent in writing. agrees to use all reasonable efforts to take such appropriate to prevent the unauthorized use and to keep confidential such Confidential Information. upon expiration or either termination of this Agreement. The OMC shall provide and maintain strict security for all operating funds and collected revenues. 6. 7. Without the Employer’s prior written consent. The OMC shall be responsible for all re-keying for locks and safes.0 SECURITY AND INVESTIGATIONS The OMC shall provide security for all toll collection and allied facilities including the safety and security of employees as well as the physical structures. for whatever cause. the same shall be referred to Employer. The OMC further agrees. ii. whose decision shall be final. without i. the OMC shall not disclose the Confidential Information to any third party by any means. The OMC hereby action as may be disclosure of. Not disclosing to any third party the existence of this Agreement. Such data or information is the property of the NHA. If any dispute arises as to the necessity of any publication or disclosure of any Confidential Information. and including.0 CUSTOMER AND PUBLIC RELATIONS The OMC shall make no statements. The OMC shall not publish. copyright or patent any of the data furnished according to the Contract. limitation: Ensuring that such Confidential information is disclosed only to responsible employees on a need-to-know basis and who have first been properly instructed to maintain such Confidential Information in confidence. the terms and conditions of this Contract or any Confidential Information. including copies thereof shall be returned to the Employer within three (03) working days of such termination or expiration. The OMC shall develop additional procedures as necessary to include quarterly security inspections. 77 . during the Contract. The security procedures shall include the security/card access system with predefined authorization system to enter any system at all toll collection and allied facilities. or if the Employer instructs the Confidential Information to be destroyed. the OMC shall sign a declaration certifying all related Confidential Information has been destroyed within three 03) working days thereof. press release or publicity releases concerning the Contract or reveal any of the data or other information obtained or furnished according to the Contract.

and written safety procedures to be followed by OMC personnel. and maintain an Emergency Operations Plan to ensure that toll operations and allied facilities are maintained and protected in emergencies. include safety training. Frequency of assurance activities shall be noted. along with any appropriate minimum standards. 10. 78 . showing the need for additional action if these are not met. hazardous. or dangerous to health or safety. accounting verifications and audits.1 QUALITY MANAGEMENT / QUALITY ASSURANCE SYSTEM The organizational structure. 8. implement and maintain a Safety Program Plan. and shall as a minimum.0 QUALITY MANAGEMENT / QUALITY ASSURANCE 10. local and federal regulations. foam) and medical emergencies (first aid kits). The OMC shall maintain toll operations during all emergencies. 9. responsibilities. procedures and process that are related to all aspects of toll operations shall be addressed by the OMC.0 EMERGENCY PLAN The OMC shall develop. administration. 10. water. The OMC’s investigators shall cooperate with NHA representatives and all law enforcement personnel while conducting investigations.2 QUALITY ASSURANCE The quality assurance system shall include procedures to determine that quality control is being or has been performed effectively and appropriately. National Highway Authority. Toll collection may be suspended when specifically authorized by the Chairman. toll plaza management and OMC operations office management. It should include such activities as planned inspections necessary to ensure optimum toll collection. implement. The OMC shall not require any person employed in performance of the Contract to work in surroundings or under working conditions that are unsanitary. All reports of investigations shall be immediately forwarded to the NHA for review. fraud and activities of a suspicious nature. OMC shall maintain equipment for fire (fire extinguishers.0 SAFETY The OMC shall develop. safety awareness. or the NHA’s Representative. The plan shall comply with all applicable state. as determined under the construction safety and health standards. CO2.The OMC shall conduct and comment investigations into incidents of theft.

iii. Designated employees shall ensure that all vaults. Ongoing inspection of all uniforms and personnel equipment to identify items needing repair or replacement. All new locks shall fit existing master key systems and be keyed to fit existing keys for the locks being replaced. keys.3 QUALITY CONTROL Quality control shall include prescribed by which work products are reviewed and brought into compliance where necessary to conform with professional standards. Receipts of all funds. ii. These shall include such activities as identification of operational activities that are aimed at eliminating causes of unsatisfactory performance to meet the goals and objectives included as part of the Quality Policy.1 FACILITIES. Ramp collection facilities shall be checked by the OMC Supervisor or other designated personnel as often as necessary to ensure proper operations. v. A quick decision shall be made concerning items needing repair or replacement. In the event a master key in the OMC’s possession is lost or duplicated. swipe cards.2 SECURITY i. 79 ii. contractual obligations and commitments to the NHA.10. the OMC shall be responsible for changing out all resembling or affected locks and shall provide the appropriate keys at the OMC’s expense. all locks and keys for that system shall be replaced by the OMC. iii. EQUIPMENT AND UNIFORMS i. All approach slab /lanes to be pothole. All equipment and facilities needing maintenance or repair must be reported and repaired immediately according to the approved SOP. . cracking and raveling free at all times.3. Designated Employees shall periodically inspect break areas the administration areas and booths.3. whether safety hazards exists. these items shall be collected from the employee. 10. safes and secure areas are locked secured and accessible to only authorized personnel. If the OMC loses any keys. whether there is a high probability of fire or accidents and whether areas are secure enough to deter criminal activity. 10. Upon termination. combinations and property shall be required of all employees. iv.

The OMC may.3.3. and preference of traveling through toll facilities compared with alternate routes.3. If complaint resolution is unsuccessful.2 Recording all complaints received by the OMC in the complaint register & informs NHA. of situations / Steps taken to resolve the complaint situation / condition Communication to NHA CUSTOMER SATISFACTION SURVEY The NHA may conduct periodic surveys at its discretion according to appropriate survey research methods. The OMC shall help in the development.0 FURNISHING AND EQUIPMENT The OMC shall provide all other office furnishings and equipment required for the project.3. The survey shall include questions concerning satisfaction with those aspects of toll and other operations that are most visible to the customer. Complaints received at the plaza shall be logged in as to the date and time. As part of the SOP a system shall be established to process the following: (i) (ii) (iii) (iv) 10. 10. 11. 80 .10. cleanliness overall appearance of facilities. at its discretion. These may include topics such as degree of friendliness and courtesy shown by collectors. attention paid to unique problem / difficulties faced by the customer. The operating rights and key of such boxes will be kept with the NHA authorities. and name and address of the customer in the complaint register.3 10.3.3 CUSTOMER COMPLAINT BOXES OMC will install complaint boxes on all of its toll plazas in addition to placing complaint register. distribution. The OMC shall provide all supplies necessary for the performance of the work of the contract. the customer should be politely referred to the NHA.3.1 CUSTOMER SATISFACTION COMPLAINT RESOLUTION Customer complaints will be received and handled by the NHA. delays while traveling through toll plaza. An attempt shall be made to resolve the complaint at the plaza. A list of available NHA items will be provided on request. use designated existing furnishings and equipment owned by the NHA. Appropriate investigations by the OMC conditions identified by the complaint.3. collection and analysis of the surveys.

ongoing selfassessment program to measure progress against the standards.0 FACILITIES MAINTENANCE 13. 81 . The OMC shall develop standards of excellence and have a strong. OMC shall also be responsible for gardening. The Performance Evaluation Committee will: i. The OMC will receive favorable ratings for identifying “a better way” and for developing and implementing cost savings ideas and quality performance standards. ETTM equipments in a running and operational condition to NHA / next OMC on completion of contract. The OMC shall implement and manage a “Facilities Maintenance Procedure”. Monitor. Meet with the OMC monthly / periodically to discuss the OMC’s performance. The procedure shall address the functions detailed in the following paragraphs. iii. OMC shall hand over all the NHA’s assets. The overall aesthetics and area upkeep to international standards will be the OMC’s responsibility. The OMC will also be responsible for maintenance’s of roadway lighting and parking lot lighting. 13. The NHA expects the OMC to exceed minimum performance standards and equates this level of performance with a “Satisfactory” performance. backup generator & UPS batteries for performing the services under this contract agreement. which will include a representative from the OMC. Emergency conditions shall be handled on a priority basis. Submit a consolidated report and recommended action item list. ii. evaluate and assess the OMC’s performance against the SOP and performance standards as established and agreed to by both parties.1 GENERAL The OMC shall be responsible for performing all activities related to the maintenance and upkeep of all NHA’s facilities and ETTM equipment. achievement.0 PERFORMANCE MONITORING The NHA may establish a Performance Evaluation Committee.12. The OMC shall strive to attain the highest standards of excellence in executing its responsibilities under the contract as measured against performance standards consistent with best available practices. flowering at toll plazas to improve the aesthetics. deficiencies and / or new areas noted the OMC will be given an appropriate period to correct such deficiencies.

13.2 PAYMENT OF UTILITY BILLS Payment of all utility bills, running / maintenance costs of standby generators and ETTM equipments will be the responsibility of the OMC. NHA will not be accountable in any non-payment of such bills. 13.3 CUSTODIAL SERVICES The OMC shall provide management, supervisor, labor, equipment and supplies necessary to perform janitorial / pest control services as described herein. The OMC shall establish cleaning schedules to the NHA’s satisfaction and accomplish periodic work in conformance with those schedules. All manpower necessary for the purpose will be employed by OMC and expenditure included in appropriate head in summary of cost. 13.4 CLEANING PERIOD The work described herein shall be done within the following specified period. 13.4.1 All cleaning of occupied space shall be done after normal working hours. Non routine servicing and supplying the toilet rooms, however, may be necessary during normal hours. Cleaning of outside areas may be done any time during daylight hours unless directed otherwise by the NHA. Cleaning activities shall be scheduled so as not to interfere with plaza operations and with no adverse impact to traffic.

13.4.2

14.0 CLEANING WORK QUALITY REQUIREMENTS 14.1 Toilet Rooms (including private toilet rooms): Floors and walls shall be cleaned using cleaner-disinfectant. The floors, including corners and baseboards, shall be clean and dry, and present a general appearance of cleanliness. Fixtures shall be clean and bright. There shall be no obvious dust, stains, mold, or incrustation. Supply dispensers shall be filled. Waste receptacles shall be emptied, cleaned, and disinfected. Liner bag shall be replaced daily. 14.2 Room Cleaning (including all office areas): All waste generated in the building shall be collected and removed to the designated areas as specified in SOP. Carpeted surfaces shall be free of obvious dirt, dust and other debris. Floor surfaces shall be clean and free of debris of foreign matter. No dirt shall be left in corners or near baseboards, behind doors or under furniture, spillage, dirt accumulation or crust material shall be removed, along with spots and stains. When spotcleaned, areas shall blend with the adjacent areas of the carpet, Spots, smudges or other foreign markings shall have been removed without causing unsightly discoloration to the wall surfaces. Wastebaskets shall be maintained free of debris and residue. 82

14.3 Entrances, Lobbies and Corridors: Floor surfaces shall be clean and free of debris or foreign matter. No dirt shall be left in corners or near baseboards, behind doors or under the furniture. Carpeted surfaces shall be free of obvious dirt, dust and other debris. Metal surfaces shall be free of smears, smudges or stains and shall be clean, bright and polished to uniform luster. Wood surfaces shall be free of dirt, dust or streaks, all horizontal, vertical, and under surfaces shall be free of obvious dirt, smudges or spots, Corners, crevices, moldings and ledges shall be free of obvious dust. Glass surfaces shall be clean and free of dirt and debris. 14.4 Lanes, Ramps, Driveways and Parking areas shall be free of trash and other discarded materials. Grease, tar, and oil shall not be allowed to permeate concrete/pavement surfaces. 14.5 Toll Booths: The requirements described for room cleaning apply to the cleaning of toll booths. 14.6 Exterior cleaning: All areas shall be free of debris and trash. Grounds and sidewalk areas shall be free of paper, trash, bottles and other discarded materials. 14.7 Public Telephones: all vertical and horizontal surfaces shall be clean and free of dirt, dust, smudges or streaks. 14.8 Plaza Control Room Areas: The cleaning requirements in this area shall be the same as room cleaning except that weekly the floor shall be dry mopped. Floor surfaces shall be clean and free of debris or foreign matter. Walls, baseboards and other surfaces including equipment shall be free of splashing and markings. The finished areas shall have a uniform luster. 15.0 PEST CONTROL 15.1 GENERAL The OMC shall furnish service to exterminate rodents and insects and other pests using only those pesticides that comply with the provisions of the country; health regulations. Insect control includes those measures which are necessary to suppress crawling and flying insect populations within the facilities covered by the Contract by using properly registered ban labeled pesticide products and approved devices. Rodent control includes those measures necessary to suppress populations of rats, mice and/or any other species that become a pest within or around the NHA premises covered by this contract. 83

15.2 FREQUENCY OF SERVICES Conduct a thorough inspection and treatment every three (03) months. 15.3 QUALITY REQUIREMENTS 15.3.1 Programs for the control of rodents, insects and other pests shall be continually in effect. There shall be no signs of infestations. The work shall be done quickly at the frequencies shown. All works under the Contract shall be done in a safe and hazard-free manner, as indicated in the work guidelines.

15.3.2 15.3.3

16.0 LANDSCAPE MAINTENANCE 16.1 GENERAL The OMC shall perform landscaping maintenance to ensure that proper grounds keeping for plaza, ramp and buildings are accomplished on a daily basis. Perform routine yard work type activities including mowing, edging and trimming of the grass shrubs. The area and limits of grounds keeping are distinguishable in the field but, in general, include the vicinity of the plaza. 16.2 LAWN AND GARDEN CARE Mowing and edging of grass shall be performed but not more frequently than once per week. All cuttings shall be done in a way that results in a stand of mowed grass or vegetation cut uniformly at a nominal two-inch height with no streaks. The accumulation or piling of cuttings will not be permitted. The OMC shall be responsible for weed control in areas that cannot be mowed. These areas are fence lines, guardrail and other appurtenances specified by the NHA. All curbs, walks, landscape areas, manmade or natural obstructions shall be edged when the adjoining areas are mowed. During mowing and edging, walkways shall be kept free of debris and trimmings. The OMC shall provide adequate roadside warning signs in accordance with requirements to want the motoring public of mowing operations. 16.3 TRASH REMOVAL The OMC shall remove and dispose of trash in receptacles that may be on site and shall replace plastic liners each time the receptacle is emptied. 84

The mowers shall be constructed such that the height of cut can be adjusted to a minimum of two inches. Overflow of all trash from container(s) shall be picked up from the floor of the area used to collect the waste. Stored material for recycle shall not be allowed to accumulate for more than two (2) weeks. aluminum or other suitable waste material shall be retained by the OMC.Waste material not transported to a Facility for manufacture or recycling shall be disposed of only through a waste disposal facility that has been certified by the appropriate state agency for waste management. Saleable / recyclable wastepaper and other material shall be collected and placed in a waste paper room or other designated area for removal.2 DISPOSAL The OMC shall select its disposal facility in accordance with this section.16. equipment and materials necessary to perform maintenance and repairs to the interior and exterior of the 85 . or as directed by the NHA. Profits from the sale or recycled paper.1 GENERAL The OMC shall provide all labor.1 COLLECTION The OMC shall provide waste and incidental debris removal and disposal services as outlined throughout the Scope of Services Section F.0 BUILDING MAINTENANCE 18. Recycling – It is the desire of the NHA that all wastes collected as a requirement of the Contract shall be removed from the premises and transported to a processing facility for manufacturing or recycling to the extent available.0 TRASH / WASTE DISPOSAL 17. Temporary storage areas for recycled material shall be kept clean orderly and free of pests. Traffic control devices and signing shall be provided according to requirements.4 EQUIPMENT The equipment used by the OMC must be in good condition repair and shall be maintained to produce a clean. The OMC shall pay all dumping and disposal fees. “Facility Maintenance”. 17. sharp cut and uniform distribution of the cuttings. or by the Environmental Protection Agency. 17. Non-recycled Waste. 18.

of defects that affect the safety appearance or intended use of the facility or would prevent any electrical. ceiling and ceiling tile. including touch –up painting and / or operational checks. and parts shall be cleaned up and removed at the completion of the job and / or at the end of each day while work is in progress. all locks and keys for that system shall be replaced. windows and coverings. Corrected or repaired work shall be carried through to completion. overhangs. downspouts. toilet fixtures.3 LOCKSMITH SERVICES The OMC shall furnish locksmith services through coordination with the NHA for routine installation and removal of lock-sets and tumblers. curbing. parking areas patios and exterior stairways. mechanical. 18. the OMC shall be responsible for changing out or re tumbling all affected locks and shall provide the appropriate keys at the OMC’s expense. sophists. All replacements shall match existing components / items in dimension. All new locks shall fit existing mater key systems and be keyed to fit existing keys for the locks being replaced.facility that includes but is not limited to exterior walls. 18. The OMC shall perform touch-up painting to the interior and exterior of the facility as required in the accomplishment of maintenance and repair work. sidewalks. duplication of keys. roads. plumbing or structural system form functioning according to the design intent. Interior and exterior painting scheduled periodically shall be coordinated in advance with the NHA. windows. repair of defective lock-sets. an opening doors in case of lost keys.0 EQUIPMENT OPERATION AND MAINTENANCE 86 . If the OMC loses any keys. materials and quality of work. skylights. flashing. revolving doors. All such debris.4 OTHER BUILDING SERVICES Maintain power doors such as garage and loading ramp doors. ventilators (and other items that pierce the roof) gutters. piping systems and electrical systems and equipment (including lighting fixtures). driveways. Debris shall not be allowed to spread into adjacent are not accumulated in the work area itself. excess materials. adjustable loading ramps and elevators in a safe and usable condition. 19. In the event a master key in the OMC’s possession is lost or duplicated. doors. The quality of the work and the repaired areas shall be fully compatible with adjacent surfaces or equipment. 18. doors. splash blocks. roofing.2 WORKMANSHIP AND QUALITY The level of maintenance shall assure that the building facilities are free of missing components. sliding or swinging doors.

planning. ix. Such equipment will include. hoist motors.3. Any system or equipment not operational by the first shift shall be reported to the NHA by 8:00 a.1 GENERAL The OMC shall provide all management supervisions. Building equipment and system to be operated. iv. refrigeration units. equipment. plumbing and utility systems in conformance with NHA energy conservation and efficiency requirements and maintain such systems at an acceptable level throughout the Contract performance period. xi. viii. ETTM equipments. supplies.m. vii.19. scheduling and coordination to ensure the effective and economical operation.1 EQUIPMENT MAINTENANCE MAINTENANCE PROGRAM The OMC shall notify the NHA in advance. in writing maintenance or repair work is to be done which requires opening or dismantling of equipment. pumps. maintenance and repair of mechanical / electrical equipment. xii. tools. iii. Electrical equipment. administration building. maintained and repaired include. condensers. Fire alarm and security system malfunctions must be reported immediately to the NHA. v. labor. but are not limited to: i. x. generators. UPC batteries (replacement + repair) Generator repair all type 19. evaporators. report to the NHA the status of any major equipment or systems not operating. materials.3 19. or that becomes non-operational during the workday. island. Air-conditioning equipment and systems Air-handling / distribution equipment and systems Domestic water equipment and systems and provide potable water. ii.2 EQUIPMENT OPERATION The OMC shall operate all mechanical. The building systems shall be operated in an energy efficient manner. Fire protection equipment and system Heating equipment and system Sanitary sewage equipment and systems Storm drainage equipment and systems Utility systems Plaza lighting including canopy. electrical. but is not limited to boilers. vi. parking lot and other toll facility lighting roadway lighting and Fog lights. On a daily basis. and standby or emergency generators. spare parts. 19. lighting switchgear systems. motors generation sets elevators and such equipment as 87 .

3 PREVENTIVE MAINTENANCE The OMC shall maintain preventive maintenance records for each piece of equipment or system. Within 15 days after the end or each month. The OMC shall update the preventive maintenance record and history files monthly. The report shall also include any equipment observed during the inspection that may affect the safety of personnel or continuity of service.. above the point where deterioration will begin. 20. testing and maintenance of the building’s electrical distribution system. including. as necessary. but not limited to substations.e. 19.3. are operated efficiently. etc. The OMC shall ensure that the preventive maintenance schedule meets the recommendations of the equipment manufacturer. At its option the NHA will inspect the equipment before.found as critical by the NHA. All equipment shall be maintained according to the manufactures recommendation.3. Perform scheduled and unscheduled maintenance and repairs. WORKMANSHIP All equipment and systems shall be maintained at an acceptable level as defined below to assure that the plaza. control panels. Records shall reflect periodic maintenance done and the schedule and completion dates. power transformers. An acceptable level of maintenance is the level of maintenance that will preserve the equipment in unimpaired operating condition.4 ELECTRICAL SYSTEM The OMC shall perform inspection.1 GENERAL 88 . preventive maintenance adjustments done and include a brief description of any defects found. detailing the items inspected.2 LEVEL OF PERFORMANCE.3. test and maintain the building’s high and low voltage electrical power distribution systems. etc. quarterly. including emergency call-back service. This work shall be done by the qualified personnel who are fully knowledgeable and certified to inspect. 19. i. buildings. Work shall be performed by authorized service dealers and representatives. the OMC shall submit a monthly progress report to the NHA showing the preventive maintenance work done on each piece of equipment and deficiencies noted. results of tests. thereby diminishing the normal life expectancy of the equipment.. circuit breakers. emergency or standby generators. on as 8-hour a day five days per week basis. The OMC shall furnish the NHA with and official certified report. 19. switch gear. during and after any work is done.0 PRESSURE CLEANING OF PLAZA LANES 20.

1 CLEANING EQUIPMENT Sufficient high pressure cleaning equipment independently proved and capable of sustained operation at a minimum of 10.3 LIGHTING Portable lighting equipment. 21.000 PST of output water pressure at a flow rate of a minimum of 4. oil. OMC shall not store any Surplus equipment. Materials Safety Data Sheets (MSDS) for all chemicals used shall be submitted by the OMC to the NHA prior to use on the project and shall not be prohibited for use in applications such as this by the Environmental Protection Agency. degreasing agents and other approved means to remove all dirt. 21. tar.5 gallons of water per minute. 89 . The OMC shall comply with the following lane closing requirements: Main Line Barrier Plaza – Only one (1) lane in a given direction shall be closed at a time. and 6. tools. materials. equipment and incidents (including water if not available at the facility) necessary to perform pressure and chemical cleaning of lane slabs to remove tar. asphalt and marks on the pavement.m. Adequate lighting shall be provided by the OMC. self contained and capable of illuminating work area sufficiently to ensure adequate visibility to accomplish the desired cleaning results during night-time operations. unless otherwise approved by NHA. The closing period for the purpose must not exceed one hour.00 a.2 SCHEDULING OF ACTIVITIES All work shall be performed between the hours of 10:00 p. and marks on the pavement on the lane pavement slabs. The OMC shall use cleaners. This equipment shall also have the capability of heating the output water to a minimum temperature of 210 degrees Fahrenheit and must be designed to apply cleaning agents approved by the NHA to surfaces to be cleaned in volume sufficient to attain the desired cleaning results.The OMC shall provide all labor.2 CLEANING CHEMICALS All chemical agents and additives must be approved by the NHA. 21. 20.m. vehicles or materials at any toll plaza site. local time.0 EQUIPMENT AND SUPPLIES OMC’s equipment shall meet the following minimum requirements: 21. during lean hours for repair and maintenance.

its approach and the exit area. the Contractor shall ensure that the plaza is free from debris caused by the work and shall remove and dispose of such debris off NHA right-of-way. shrubs and trees by the OMC’s equipment or personnel. 26. The OMC shall provide for the storage of such equipment. and prior to opening the lane to patron traffic. Chemical cleaners that are used on surfaces in areas of plants and grass shall not be harmful to vegetation. Any significant standing water remaining at the facility when cleaning has concluded shall be removed. embedded electronic sensors and expansion joints.22. unobstructed lanes.0 TOOLS AND EQUIPMENT The OMC shall supply all tools and equipment necessary to perform all operations and maintenance tasks under the Contract. the OMC shall remove any standing water from the lane. The OMC shall protect the equipment of the NHA during the time that cleaning is in progress and shall be responsible for any and all damage to the property of the NHA and to the public moving through the toll facility caused by OMC’s operations. 24. Car shall also be take to avoid any damage to plants. At the completion of the cleaning operations for each individual lane. OMC’s employees and subcontractors shall wear orange safety vests and hard hats at all times when working at toll plaza.0 WORKMANSHIP AND CLEANUP Upon completion of each day’s work.0 PROTECTION OF LIFE AND PROPERTY The OMC shall provide a method of protecting patron vehicles from sprayed water and chemicals / cleaner. The OMC shall perform this work in such a manner as to avoid any damage to the reflective pavement markers. 23.0 SPARE PARTS 90 .0 WORK AREA SAFETY OMC shall employ sufficient barrier cones to identify his personnel and equipment as an obstacle to oncoming traffic and to divert traffic to open. 25. OMC shall provide signage and / or barriers which will adequately warn oncoming traffic that lane is closed for cleaning.

91 . All spare parts purchased by the OMC for major repairs become the property of the NHA. Any parts removed from service that can be reconditioned and reused shall be so processed.The OMC shall establish and maintain a stock of commonly used spare parts required to support all maintenance requirement of the toll plaza/ETTM equipment. Adequate storage for all spare parts shall also be provided by the OMC.

APPENDICES & SAMPLE FORMS 92 .VI.

their intent and meaning shall. the following terms appear. Performance Evaluation Committee: The committee designated by the Employer to monitor and evaluate the OMC’s performance. the preparation of required documentation. Authority: National Highway Authority AVC: Automatic Vehicle Classification system. the costs of securities and any other required insurance. and where money is counted at the end of the shift. Mobilization: The work necessary to begin work on the project. other preliminary expenses necessary for the start of the work. ending and beginning at midnight. unless specifically stated otherwise. NHA: National Highway Authority (the Employer) Patron: Any person using and paying tolls on the Authority’s roadway system. Islamabad. ETTM: Electronic Toll & Traffic Management System. but not limited to those operations necessary for the movement of personnel. Conditions of Contract: Requirements of Employer for performing the services as set out in contract documents. Cash-up/Counting Room: The room in the toll plaza operating building where toll collectors / attendants prepare cash trays before going on duty. 93 . Pakistan. G-9/1. 27-Mauve Area. the establishment of project offices and other facilities. Day: Every day shown on the calendar. Attended Toll Lanes: A plaza toll lane with a toll collector on duty to either manually or electronically collect tolls. OMC: Operations. be interpreted as shown herein. Emergency Power: See Standby Power Emergency Generator: See Standby Generator. Employer: Chairman. design and procurement of uniforms. recruitment and training of project staff.APPENDIX – A GLOSSARY OF TERMS Wherever in the Scope of Services or in other documents pertaining to the Contract. equipment supplies and incidentals to the project site. National Highway Authority. Management and Maintenance contractor for performing the services under this contract. including.

2 Article III of Conditions of Contract. Standby Generator: An electrical generator device at a facility which provides temporary power to the facility during loss of utility service when activated by the loss of voltage in the electrical system. Operations Manager: The person responsible for the entire operation and management of the plazas. building. exclusive of Sundays and public holidays. road lights. whether or not such passage was recorded. PEC: Pakistan Engineering Council Toll Booth Operator: See Toll Collector Toll Receipt: A receipt provided to the patron for the payment of cash toll. Float: The cash amount with which a toll collector begins his shift. Toll Rate Schedule: A list of vehicle classification and corresponding toll rates of NHA. Islamabad. Working Day: Any calendar day. Violator: A violator is any vehicle passing through a toll lane without paying the toll. wider than those remaining plaza lanes. 94 . may pass. National Highway Authority. Standby Power: Temporary electric power to a facility provided by UPS and the Standby Generator. Transaction: Any vehicle passing through toll plaza for which a toll is due. Extra Wide Lane: A specially signed and marked lane on the extreme sides of a toll plaza through which vehicles.7. Toll Shift Supervisor: A person who is responsible for a complete shift at toll plazas.Project Site: Toll plaza along with allied facilities which may include but not limited to toll booths. signboards in the ownership of NHA inventorying of which is jointly done by the Employer and OMC under clause 3. Toll Collector: A person who collects tolls. canopy. OMC Operation Office: The building/office from which the OMC conducts the entire operation and management of all toll plazas. NHA Designated Account: Road Maintenance Account.

APPENDIX-B DETAILS OF STAFF Name& Fathers Name Designation Education CNIC No. Shift 95 .

Islamabad From: Name of Bidder/Firm: Address: ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ Phone Number: Fax Number: ______________________ ______________________ 96 . G-9/1.Appendix-C FORM OF ENVELOPE LABEL ORIGINAL BID/ COPY 1/ COPY 2 WARNING: DO NOT OPEN BEFORE: ______________________ Contract Title: ________________________________________________ ________________________________________________ ________________________________________________ Toll Plaza Location: Advertisement Date: Bid Opening Date:________________________________________________ To: GM (Operations) National Highway Authority 27-Mauve Area.

Name of Buyer: ……………… [Seal] Signature: …………………… [Seal] Name of Seller/Supplier: ………… Signature: ………………………… 97 . right. privilege or other obligation or benefit in whatsoever form from GoP. bribe. interest. director. It agrees that any contract. shareholder. interest. interest. fees etc. whether described as consultation fee or otherwise. without prejudice to any other rights and remedies available to GoP under any law. promoter. 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. right. [name of Supplier] accepts full responsibility and strict liability for making any false declaration. right. bribe. privilege or other obligation or benefit from Government of Pakistan (GoP) or any administrative subdivision or agency thereof or any other entity owned or controlled by GoP through any corrupt business practice.00 MILLION OR MORE Contract No. including its affiliate. except that which has been expressly declared pursuant hereto. any commission. right. gratification. representation or warranty.Appendix-D (INTEGRITY PACT) DECLARATION OF FEES. [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. privilege or other obligation or benefit obtained or procured as aforesaid shall. agent. PAYABLE BY THE SUPPLIERS OF GOODS. Without limiting the generality of the foregoing. not making full disclosure. finder’s fee or kickback. broker. with the object of obtaining or inducing the procurement of a contract. Notwithstanding any rights and remedies exercised by GoP in this regard.________________ Dated __________________ Contract Value: ________________ Contract Title: _________________ ………………………………… [name of Supplier] hereby declares that it has not obtained or induced the procurement of any contract. [name of Supplier] represents and warrants that it has fully declared the brokerage. SERVICES & WORKS IN CONTRACTS WORTH RS. contract or other instrument. 10. COMMISSION AND BROKERAGE ETC. interest. be voidable at the option of GoP. privilege or other obligation or benefit in whatsoever form from GoP. associate. consultant. commission. misrepresenting facts or taking any action likely to defeat the purpose of this declaration. representation and warranty. gratification. [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. sponsor or subsidiary. finder’s fee or kickback given by [name of Supplier] as aforesaid for the purpose of obtaining or inducing the procurement of any contract.

FORM-CA Contract Form THIS CONTRACT AGREEMENT made the _____ day of __________. IV. III. viz. Addendum to the Request for Proposal (RFP). Bid Data Sheet. Financial Proposal Forms. NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: 1. IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with their respective laws the day and year first above written.: I. Signature of the OMC ______________________ (Seal) Signed. Technical Proposal Forms. Title and Address) Address) 98 Witness: __________________________ (Name. 2. Title and Signature of Employer _____________________ (Seal) . 3. IX. VI. Sealed and Delivered in the presence of: Witness: _____________________ (Name. The following documents shall be deemed to form and be read and construed as part of this Agreement. V. II. viz____________________ should be performed by the OMC and has accepted a Bid by the OMC for the execution of such services strictly in line with the requirements of Employer as set out in the contract documents. if any. VII. Appendices & Sample Forms. In consideration of the Deposit of gross Toll Receipts to be made by the OMC to the Employer on weekly basis and on receipt of revenue share ______% of gross toll revenue as hereinafter mentioned. VIII. Conditions of Contract: Articles I to XII. WHEREAS the Employer is desirous that certain services. Bid Form. the OMC hereby covenants with the Employer to provide the services in conformity in all respects with the provisions of the Contract. 20___ between [name of Employer] (hereinafter called “the Employer”) of the one part and [name of OMC] of [city and country of OMC] (hereinafter called “the OMC”) of the other part. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract referred to. Scope of Services. Letter of Invitation (LOI). X. Letter of Acceptance.

under this Guarantee. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has accepted the Employer's above said Letter of Acceptance for ________ ________________________________ (Name of Contract) for the _______________ _______________________________ (Name of Project). with or without notice to the Guarantor. hereby. failing which we shall be discharged of our liability. waived and shall also well and truly perform and fulfill all the undertakings. our heirs. otherwise to remain in full force and virtue till 84 days after the date of expiry of contract. terms and conditions of the said Documents during the original terms of the said Documents and any extensions thereof that may be granted by the Employer. administrators and successors.FORM TS-1 FORM OF TOLL REVENUE SECURITY (Bank Guarantee) Guarantee No. executors. the Guarantor above named. that in pursuance of the terms of the Bidding Documents and above said Letter of Acceptance (hereinafter called the Documents) and at the request of the said Principal we. which notice is. _____________________________Dated ______________ KNOW ALL MEN BY THESE PRESENTS. are held and firmly bound unto the __________________________________________________ (hereinafter called the Employer) in the penal sum of the amount stated above for the payment of which sum well and truly to be made to the said Employer. if the Principal (Contractor) shall well and truly perform and fulfill all the undertakings. covenants terms and conditions of the Contract and of any and all modifications of said Documents that may hereafter be made. firmly by these presents. notice of which modifications to the Guarantor being hereby waived. we bind ourselves. covenants. Our total liability under this Guarantee is limited to the sum stated above and it is a condition of any liability attaching to us under this Guarantee that the claim for payment in writing shall be received by us within the validity period of this Guarantee. 99 . jointly and severally.____________________ Executed on _____________________ Expiry date _____________________ [Letter by the Guarantor to the Employer] Name of Guarantor (Bank) with address:_________________________________ (Scheduled Bank in Pakistan) Name of Principal (Contractor) with address:______________________________ ____________________________________________________________ Penal Sum of Security (express in words and figures)_____________________________ ________________________________________________________________________ Letter of Acceptance No. if any. NOW THEREFORE. then. this obligation to be void.

do hereby irrevocably and independently guarantee to pay to the Employer without delay upon the Employer's first written demand without cavil or arguments and without requiring the Employer to prove or to show grounds or reasons for such demand any sum or sums up to the amount stated above. _______________________ _______________________ Corporate Secretary (Seal) 2. Title & Address Signature _______________ Name __________________ Title ___________________ _______________________ Corporate Guarantor (Seal) 100 . _______________ Guarantor (Bank) Witness: 1. pursuant to authority of its governing body. waiving all objections and defences under the Contract. _______________________ _______________________ Name. PROVIDED ALSO THAT the Employer shall be the sole and final judge for deciding whether the Principal (Contractor) has duly performed his obligations under the Contract or has defaulted in fulfilling said obligations and the Guarantor shall pay without objection any sum or sums up to the amount stated above upon first written demand from the Employer forthwith and without any reference to the Principal or any other person.FORM-TS-2 We. IN WITNESS WHEREOF. against the Employer's written declaration that the Principal has refused or failed to perform the obligations under the Contract which payment will be effected by the Guarantor to Employer’s designated Bank & Account Number. the above-bounden Guarantor has executed this Instrument under its seal on the date indicated above. ____________________________________ (the Guarantor). the name and corporate seal of the Guarantor being hereto affixed and these presents duly signed by its undersigned representative.

101 .

102 .