HIGHER EDUCATION COMMISSION

Government of Pakistan, Islamabad

Explanatory Bid Document with Detailed Terms of Reference
For Appointment of
i. International Architect and Consultant (IAC) ii. Main (Local) Architect and Consultant (MACs) iii. Architect of Partner Country (APCs) For Planning, Design and Construction Supervision of Universities of Engineering, Science and Technology in Pakistan (UESTP-PROJECTS) viz:-

1. Pak-German University of Engineering Science & Technology, Muridke near Lahore 2. Pak-China University of Engineering Science & Technology, Islamabad 3. Pak-Italian University of Engineering Science & Technology, Karachi 4. Pak Korean University of Engineering Science & Technology, Karachi 5. Any Other University of Engineering Science & Technology

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1.

Preamble

The Higher Education Commission (the client) plans to establish state-of-the-art Technical Universities with Integrated Technology Parks on green-field sites near major Pakistani cities in collaboration with partner universities in Europe, China and East Asia. 1.1 The impact of globalization has given rise to the concept of knowledgebased economies with emphasis on research and development activities coupled with production. In such economies there is a need for a trained and educated work force well acquainted with the latest scientific and technological advances, and capable of making broad-based, logically analyzed decisions. Technical Universities are needed to produce workforce, which must be capable of undertaking research, development, invention and innovation as well as of working in close liaison with the fastgrowing industrial needs of the Nation. 1.2 Standards in existing Engineering Universities in Pakistan are behind the internationally accredited standards of teaching and research, curriculum and laboratory facilities. The growth of technology in Pakistan is considerably slower than that in other developing Asian countries and does not begin to compare with growth in advanced countries such as the United States, Japan and the European Nations. 1.3 To bridge the gap and to catch up with the fast development rate in the rest of the world, the Government of Pakistan has decided to set up new universities of Engineering, Science and Technology in partnership with technical universities in Germany, Austria, Italy, and China in the first phase and with several additional advanced countries in a second phase. The new universities will follow the teaching standards of partner universities who will help to establish and manage these new universities, supply

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experienced faculty and award their degrees to the students graduating from these new universities. 1.4 The new universities are programmed to be constructed in about five to eight years at various sites in Pakistan near Sialkot, Lahore, Islamabad, Karachi and such other locations as may be decided from time to time. They are being located close to the existing Industrial zones and will include Technology Parks and Inncubation Centres to link industry with education and jointly to provide employment to the graduates from the universities. Each new UESTP will essentially be an extended campus of the Partner University for at least the first ten years of its existence. 2. 2.1 Objectives Imparting high quality engineering education to students in identified faculties and disciplines, comparable with accredited international standards, thus catering for the industrial, technological and research needs of Pakistan. 2.2 Getting exposure regularly to the latest developments in engineering curriculum, teaching methodology and laboratory standards as well as promoting effective R&D activities in the engineering sector in line with advances in the international partner’s universities. 2.3 Strengthening formal University–Industry linkages on the international partner’s model as well as encouraging effective collaboration in practical terms between university and industry in Pakistan and in the partner country. 2.4 Producing a trained and skilled work force having a focus on innovation, value addition and entrepreneurship, capable of employing knowledge inputs for the rapid and sustainable technological and industrial development of Pakistan.

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2.5

The graduates of the UESTP must reach the same standard as graduates of the international collaborator or partner. Through this equivalence of standards they will be capable of supplying manpower of the quality needed by the collaborating country and other foreign companies operating in Pakistan.

2.6

The University must be linked, formally and informally, with the Technology Park and Business Incubation Centre which will be established adjacent to the central teaching and research area (CTRA) of the University.

3.

Appointment of Consultants

HEC intends to plan and engineer the construction of the universities through the appointment of: (a) (b) (c) Main (Local) Architect and Consultant (MACs) (Pakistani). International Architect and Consultant (IAC) Architects from the Partner Countries (APCs). In each UESTP, APC will be authorized to design one National Signature Building (NSB), (which may be the Library) to reflect the culture of their particular partner country. The university projects shall be planned, designed and executed in the following sequential manner. a) The MAC will be appointed by HEC. b) The IAC will be appointed by HEC. c) Each APC will be appointed by HEC if required, on the recommendation of the National Government of the partner country. d) The MACs and the IAC will be asked to work together on certain specified matters, but the IAC must remain independent of the MAC and must report directly to the client. -3-

e) The APCs will work under a separate agreement and will be required to coordinate their work with both the IAC and the MAC. HEC will be the client. f) The IAC will prepare all the Conceptual Master Plans and will approve all the Final Master Plans prepared by the MACs (which will include inter alia detailed and fully specified building designs). The IAC will provide periodic top-level supervision on behalf of the client, HEC, on all UESTP sites. g) Each of the APCs will prepare the architectural plans, sections and construction details for their National Signature Building (for instance, the National Signature Building) at the sites approved by the HEC and shown in the Final Master Plans and will provide outline specifications of structure and finishes of this building to the MACs for detailed designing and construction supervision. h) The APCs will provide top-level supervision of the NSBs and will approve the quality of construction on behalf of the client. i) The MACs will prepare all Final Master Plans and do all detailed design work of all buildings (HEC may consult IAC to ascertain that the design work is of appropriate quality). j) HEC will select building Contractors with the help of the MACs (and of the IAC if appropriate). k) The MACs will supervise the Contractors on a day-to-day basis on their particular UESTP building sites. l) The MACs will phase the works as required by HEC according to the growth of the UESTPs and the Technology Parks, on all sites m) The IAC and the APCs will inspect the works periodically and will report to HEC and advise MACs on the quality of work. (Top-level Supervision) -4-

n) The IAC and the APCs will do a final inspection at UESTP sites if requested by HEC.

3.1

Overriding Clause Not with standing the following generalized terms of reference to the contrary, the provisions embodied in Paras 4 onward are drafted in more details and in the event of any ambiguity/discrepancy between the Generalized TOR provided here under and the details, it will be the duty of all the consultants to clear such ambiguities/discrepancies with the HEC, through the respective Project Directors before doing any work. HEC will not be responsible to pay for any changes, additions and alterations which any consultant viz IAC, MACs or APCs has to incorporate in the work done resulting from such

ambiguities/discrepancies coming to light at a later stage. The Conceptual Master Plans are required for the complete technical universities on a number of green field sites along with Integrated Technology Parks on the principle of identicality elaborated here in after. The site plans and details of local environmental conditions pertinent to each site shall be provided by MACs to IAC in the form of topographic survey plans, GT Sheets from Geological Survey of Pakistan and reports obtained from the metrological survey of Pakistan showing details of rainfall, ambient temperatures, and relative humidities etc for the last ten years or as required by IAC. 3.3 The initial approximate size of student body on each site will on full development of the university be 5000 Undergraduates & Master’s students and 500 PhD students. The plans should however provide for a growth of students by +50%. Other components of academics matters are as follows:i. Degree Courses:A common 1st year followed by 3 years Bachelor’s Course in each discipline and subsequent two years Specialized Master’s Course with most students staying for full six years. -5-

3.2

ii. PhD Course:The PhD course will be of 3 years duration.

3.4

Estimated Faculty Strength in each UESTP. (a). Faculty members in each UESTP will be 350, initially comprising a Rector, Pro Rector, Professors, Associate Professors, Assistant Professors and research fellows etc. (b). Each UESTP will have approximately 40 administrative staff. (c). There will be approximately 800 support staff, who will work in the UESTP buildings. These include secretaries, technicians and domestic staff together with 500 out side staff including security, fire service, personnel and gardeners etc. (d). About 1300 domestic and catering staff (in the student accommodation areas, domestic servants for academic and administrative staff).

3.5

Campus Accommodation, Building types and Facilities Each Campus must be designed to house a total university with a number of subjects/departments ranging from 5 to 7 including inter alia the following buildings. I. Combined Teaching and Research Buildings: Each department of the University will be housed in a combined teaching and research building. Detailed requirements are available vide Annexures IV, V, VI. The total covered area of each department is estimated at about 10,000 m2. These buildings shall include: a Lecture rooms, offices for faculty, faculty common rooms, seminar rooms, student’s common rooms, private study areas etc. b Teaching Laboratories for different disciplines, equipment storage and maintenance areas and technicians support staff offices.

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c

Research facilities designed as open plan laboratories with flexible internal partitioning arrangements, offices, workshops etc.

Final details of internal arrangements will be provided by the faculty members, once they have been appointed. II. i. Residential Buildings: Residential accommodation for faculty (240 m2 to 90 m2 depending on their grade). ii. Residential hostels for students (hostel rooms of about 18m2 covered area with en-suite facilities, occupied either by two undergraduate or Master’s students or by a single PhD student). Each hostel will incorporate a dining room (with its own staffed kitchen) and recreation rooms and prayer room; it is suggested that on the ground floor of hostels there will be public-access areas such as shops and cafes.

III.

Recreational Buildings i. Sports facilities including outdoor sports grounds and indoor sports pavilions, swimming pools, fitness centre etc. ii. Social facilities for lectures, music, cultural events, club houses etc. iii. Commercial facilities such as shops, postal services, bank etc. iv. Health centre. v. Primary School for families of Faculty, students and staff. vi. Mosque and worship facilities for other faiths.

3.6

Landscaping: Landscaping of the site with roads, paths, gardens and other features.

3.7

Technology Park/Incubation Center: i. Incubation Centre to host up to 100 small start-up companies

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ii. Shell structures of one, two or three floors which may be occupied by small and medium sized high-technology enterprises (SMEs). The internal design will be specified by the tenant. iii. The third section of the Technology Park will consist of landscaped and serviced plots of land on which large companies will construct their own premises in due course.

3.8

The Sites: (For details refer to Para 4 and relevant Annexure) Areas and locations of the sites approved and acquired so far for this programme are as follows: A. B1. B2. (Lahore) (Lahore) (Lahore) 55 hectares 162 hectares 162 hectares

Pakistan–Austria University

Pakistan–Germany University Pakistan–Another University

(The two sites (B1,B2) are adjacent to each other and must be treated in a unified manner) C. D1. D2. D3. (Islamabad)(100 hectares) (Karachi) (Karachi)

Pakistan-China University

Pakistan–Italy University Pakistan–France University

Pakistan–South Korea University (Karachi)

(The three sites (D1,D2,D3) are adjacent to each other and the 550 hectare site must be treated in a unified manner) E. (Sialkot) (270 hectares)

Pakistan–Nordic University

*Provisional agreements have been reached with these prospective partners.

3.9 General Design Guidance and Parameters: a) The design must be functional without over-elaboration, but the quality of the design and construction will be expected to match that -8-

of a well-established modern university in a European country such as Austria, Germany, France, Italy or Sweden. b) The Central Teaching and Research Area (CTRA) of the university must be restricted to pedestrians except for delivery and installation including O&M of heavy equipment and provision of services. c) The design of the CTRA must be inward looking into either a central courtyard or courtyards which should enable students and faculty in different departments to interact easily for educational matters pertaining to teaching and research. Access from the outside into the CTRA must be strictly controlled with just one or two access points. Access to the individual buildings in the CTRA must also be restricted for security reasons. in their design. d) e) f) g) h) i) The student hostels should be in blocks of 200–250 occupants. Men’s and Women’s hostels should be separate but located close to the main university buildings or CTRA. Faculty housing should be well away from student hostels Security around Faculty housing is important and the area will require perimeter security and a gated entrance. Cars with drivers will be available from a Car Pool. The Technology Park although separated from the university must be designed to merge into the university so that personnel may transfer easily between the two parts. j) The covered area for SMEs will increase as the demand increases and provision must be made for this expansion. k) A short-stay guest house should be included in the Technology Park for clients paying short visits to companies. Architects familiar with medieval colleges in Oxford or Cambridge in the UK may find useful analogies

3.10

‘Identicality’ Principle (a) The idea of ‘identicality’ has been conceived for a number of reasons. The HEC would like all its UESTPs to be equal in scope -9-

and to give equal opportunity not only to its several foreign partners but also to all students irrespective of their choice of institution. Although the subjects studied by students will vary and the environment will be different and distinct at the different campuses each student’s quality of ‘experience’ will be very similar. As an example of ‘identicality’ in design and construction we consider a typical house allocated to a full Professor. There may be 50 such houses on any one campus and they should all be identical to each other and also identical to full Professors’ houses on all other UESTP campuses. Thereby the costs of design will be minimized, and the cost of construction will also be reduced. The full advantages of scale will be available. Maintenance of the campuses will be easier. Eventually, in steady-state operation after several years from today, objective judgments on the relative successes of the campuses will be possible more easily. (b) ‘Identicality’ implies that everything on every campus that can be reproduced identically is reproduced exactly. However everything does not have to be exactly the same if there are real benefits in taking a different approach, but there should always be many points of similarity which should be easily recognizable and should enable the use of standardized design elements. In most cases only one design will need to be used and modified only slightly to meet local requirements. Variations will be allowed only if absolutely necessary and never only for cosmetic reasons. (c) Advantages of Identicality There only has to be one conceptual master plan although it will have to be adjusted to take account of the different shapes and sizes of the sites. There need only be one set of detailed architectural drawings and designs of all individual buildings except the NSB. The - 10 -

concept of a campus university with all facilities on-site and with an adjoining technology park can be carried forward throughout all the UESTPs. (d) Disadvantages There are no meaningful disadvantages in using the ‘Identicality Principle’; the main arguments against are that the appearance might be rather boring and the approach might water down the identity of the foreign partner who, after all, might wish to put his particular national seal on the university. This can be counteracted by allowing one Nationally Signature Building (for instance, the Library) to be different on each site to reflect that particular partner country’s culture. The juxtaposition of different areas would also be different and colour schemes and facings could also be used to add variety. The advantages far outweigh any perceived problems in using the ‘Identicality Principle’. It is therefore proposed that: (a) The CTRA design must be reproducible without significant modification except for its orientation on all sites of UESTPs. (b) All individual buildings for a designated function (e.g. a Professor’s house) will be of exactly the same design on a particular campus and also will be of exactly the same on all other sites. This is the principle of ‘identicality’ and must be applied throughout the scheme. (c) One signature building may be constructed on each campus in a unique design to reflect the culture of the UESTP partner country. It cannot always be the Library because the there are two sites on which multiple UESTPs will be situated and these might each have a single National Signature Buildingserving the entire site.

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(d)

Different colour schemes, facings etc. may be used in different campuses as long as they do not contradict the ‘identicality’ principle and do not add significantly to the cost.

(e)

The bi-university campus in Lahore and the tri-university campus in Karachi will have some facilities which will be shared by the UESTP partners. These could be the central library, the clubhouse, the medical centre, sports fields etc. However there must be two clearly identifiable and well-separated CTRAs in Lahore defining two different UESTPs and three clearly identifiable and well-separated CTRAs in Karachi defining three different UESTPs. There will be one joint and shared Technology Park for the two CTRAs in Lahore and one joint and shared Technology Park for the three CTRAs in Karachi.

3.11

The Conceptual Master Plan and the Main (Local) Architects and Consultants in Pakistan The IAC will be required to coordinate with a Pakistani firm of architect & consultant (MACS). This firm will advise the IAC on local matters and they will also be required to prepare detailed working drawings for building designs proposed by the IAC. These drawings will then be transferred to HEC’s ownership so that they may be used in all of HEC’s planned projects. The Pakistani firm and other Pakistani firms of architects and consultants will be charged with the detailed and day-to-day supervision of the construction work. The IAC will be required to visit Pakistan at periodic intervals, of say three months, to check and approve the construction work on behalf of HEC. The IAC may also be asked to give advice to the Pakistani architects on technical matters relating to services and environmental conditions in laboratory areas.

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The IAC and the Pakistani architects will both be required to assist the HEC in the appointment of the Construction Company or companies for the UESTP Programme. APCs will undertake the detailed architectural design of National Signature Building as described here after.

4.

Availability of Land

The UESTPs are to be constructed on land for which legal rights exist with HEC, as described hereunder 4.1 Near Lahore (Muridke) (For PGUT & one other University) hectares). About 800 hundred acres (324 hectares) of land has been acquired on the Muridke-Narowal Road, near Lahore. The Site Plan of this land is appended at Annex-I. It is proposed to build two UESTPs and one joint Technology Park on this land. (a) (b) The Pakistan-Germany University of Technology (PGUT) Another UESTP with a partner to be designated in due course. (≈ 324

This land is close to the proposed Lahore-Sialkot Motorway from which access to the university sites should be proposed through an interchange. A revenue map of the area is available with the HEC and can be supplied to the successful consultants on demand. 4.2 Islamabad (PCU) (≈ 100 hectares)

A piece of land approximately 250 Acres is available for the construction of the Pakistan-China University (PCU). The site plan is available at Annex-II 4.3 Karachi (Technology City Site)

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The Provincial Government of Sindh Province and others have made available approximately 1345 acres of land near Port Qasim on the KarachiHyderabad Highway about 40 kilometers from the Karachi town centre. The site plan of this land is appended at Annex-III. It is proposed to plan and develop this area as a Technology City comprising of : (a) (b) (c) The Pakistan-France University (PFU) The Pakistan-South Korea University (PSKU) The Pakistan-Italy University (PIU)

These three universities and their single combined and integrated Technology Park will form the Technology City complex. The land available for the whole development is shown in Annex III

5.

Requirements of Land

Both MACS and IAC shall ensure that they are able to accommodate all the space requirements of these Universities and Technology Parks, Incubation Centers etc in the land made available to them, yet leaving sufficient areas for future expansion of these universities. As stated in Para 3.3 here in before, both MACS and IAC in close co-ordination shall decide the zoning of various buildings forming part these complexes keeping in view the following: a. Approximately 33% to 50% of the gross area has to be earmarked for the Technology Parks and Incubation Centers for various types of entrepreneurs separately described under the caption “Technology Parks” vide Para 3.7. b. All the UESTPs are required to be planned on principle of identicality as repetitive plans, and building designs to enable employment of minimum inputs both in design and construction for taking advantage of the economy of scales to maximum. - 14 -

c.

Only one building viz National Signature Building may be designed depicting the architecture of the collaborating countries viz France, Germany, China, Korea etc. This shall be done through the employment of APCs.

d.

Where it is fore seen that the available land is less to accommodate estimated future expansion of the university, the design of various buildings shall be planned and structured to accommodate further vertical expansion with minimum disturbance to the users of existence structures. However in such an event the foundations of the structures should provide for the ultimate development at this stage.

5.1

The provisions of § 5(a) – (d) have to be taken into account by the International Architects and Consultants (IAC) while preparing the Conceptual Master Plan. Other issues (a) The existing services in the area of the UESTP development should not be disturbed unless there are cogent and unavoidable requirements for adjusting them. The IAC should, in a preliminary report, describe such circumstances for consideration by the client before seeking approval from the client of the Conceptual Master Plan. (b) The IAC should include the topographical, geotechnical and infrastructural details and facilities available at the designated sites in his reports. (c) The requirements of services to the Technology Parks/Incubation Centres to be integrated with these high-tech state-of-the art institutions should be defined with reference to such developments in industrially developed nations with which the IAC is familiar.

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(d)

The

Pakistani

Consultants

(MACs)

shall,

from

preliminary

geotechnical surveys/soil investigations etc. determine the most economical and desirable zoning of proposed buildings and supply the results with location maps to the IAC.

6.

Over Riding Clauses

6.1

Zoning Controls The Consultants (MACs & IAC) while analyzing the programme of requirements and the final requirements of land, shall study in detail the local Municipal and building Bye-Laws of the municipality/authority controlling the zonings of proposed buildings and shall work out all details in accordance with such Laws, Rules and Regulations. It will be the duty of the Consultants (MACS & IAC) to get the plans approved from such municipalities/authorities before the start of detailed design/construction of buildings. The best course would be to get the Concept Plan and Preliminary Architectural designs cleared from such Authority. In case the Consultant feels that the land available is not sufficient and where the possibility acquisition of additional land does not exist, he shall approach the HEC with his proposal of proposed zonings for various buildings which are at variance with the Bye Laws for taking up such issues with the local municipal authorities,

6.2

Improvements in TOR Since the Consultants (MACS & IAC) being engaged would provide specialized services on these project/projects, it will be their duty to spell out in their technical report all/or any thing left out and/or included erroneously in these terms of reference. They should in technical proposals suggest improvements, additions/deletions to these terms - 16 -

of reference and performance objectives so as to carry out the project/projects through to their/their final completion with best professional inputs.

6.3

Provision in Financial Proposals for Changes in TOR The Consultants (MACS & IAC) shall include in their financial proposals separately, the fee adjustments for increase/reduction in the scope of services resulting from such improvements additions/deletions proposed by them in the terms of reference and nothing extra shall be paid to them nor deducted from their adjusted financial proposals, if such proposals of increase/deletion are accepted by the client except that: a) The client’s right to negotiate the fees demanded in the financial proposal as admissible under PEC/PPRA rules shall not be effected on account of such improvements/additions/deletions. b) In case the client (HEC) or Experts of Collaborating Universities through the client do not agree to the proposed improvements / additions / deletions, necessary adjustment in prices shall be made prior to negotiations and award of work, or subsequently, based on quoted prices for such adjustments. Adjustment in the contract price shall be admissible to the

6.4

Consultants for increase/decrease in the scope of services as specifically ordered by the client/Experts of Collaborating Universities through the client after entering in to the contract with the Consultants as per provisions of the contract.

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7. 7.1

Scope of Work Programme of Requirements The programme of requirements is contained in Annexures IV , V, VI. These have been prepared as per the provisions of the approved PC-1s. These requirements are normally firm and final and not subject to any changes. In exceptional circumstances where the requirements are changed or modified by the clients, changes will be allowed. However in this case the changed stage of work must be authorized in writing to MACs and/or IAC prior to the commencement of the work.. Adjustments of fees on account of such authorized changes will be admissible as per the provisions of the Contract Agreement.

7.2

Changes to the programme of requirements Where it becomes essential for the Architects, MACs or IAC to make changes in the programme of requirements and where such changes would call for additional costs to the clients, the consultants shall propose alternatives involving a range of costs.. This also applies to the APCs when designing the feature building.

7.3

Requirements for Land The land available for the construction of the UESTPs (shown in Annex IV,V, VI) must be properly and optimally utilized to accommodate the programme of requirements as well as the future expansion of the UESTPs. The land utilization must be planned by optimal and economical analysis. The provision of spaces and adoption of proper zoning plans for the buildings and recreational spaces forming these UESTP complexes must be made with care in all details. This work shall be carried out by the IAC, who is required to submit a preliminary study report to HEC. The IAC will be able to consult the MACs, the HEC, the experts of the Collaborating - 18 -

Universities and the Project Directors for the purposes of preparing this report. Deliverables Three hard copies of the study report incorporating the parameters in § 7.3 above together with an electronic copy to HEC.

7.4

Topographic surveys MACS shall carry out topographic surveys of the site, correctly indicating all existing salient features. Working out accurate levels for further work is the sole responsibility of the MACS. The Consultant shall carry out detailed survey of the site at his cost incorporating all existing utility services passing from the site for incorporation in the Conceptual Master Plan to be prepared by IAC. It must be clearly understood that topographic maps form the basis for all future work in connection with planning, design, preparation of construction documents and measurements. The accuracy of this work cannot be over-emphasized. In case at any later stage it is found that there are mistakes in the topographic surveys the Consultant (MACS) shall have to refund not only the payments made to him for all subsequent works but also pay liquidated damages to HEC for the delays caused in the work. Survey plan should be sufficiently detailed to enable preparation of designs of utility services like roads, bridges, storm drainage, sewerage, water supply, electric, telecommunication services and the like, within the site. The survey plans should also give the location of all external utility services passing around the site that do not enter the site so as to dovetail the internal utilities with such utilities if possible/required and as authorized by the Project Director/Coordinators. The extra work required in this connection shall be evaluated and paid for at their quoted rates. - 19 -

The contours at an interval of 2 ft shall be drawn on the survey plans which shall be drawn to scales of 1:5000, 1:1000 and 1:500 respectively for preparation of Conceptual Master Plans and detailed Master Plans including preparing of working details of services. If required by local municipal authorities/ Bye laws the survey plans shall also show the khasra numbers of the acquired land as mutated and handed over to HEC duly certified by the revenue officials. Deliverables: Survey plans containing details as stated above shall be supplied to the client by the Consultants (MACS) in 03 copies including Compact Disc. After the completion of survey work, it should be possible to produce further copies by the Consultants as may be required. All survey data fed in the computer shall be backed-up on Compact Discs so that the same could be readily reinstalled in case of any damages caused to the data in the computer through mistakes or otherwise.

8.

Geo Technical Investigations:

The Consultant (MACS) will be responsible for carrying out in detail Geotechnical/soil investigations as required for proper planning, designing and execution of work. The Geo-technical investigations shall be carried out, but not limited to, as detailed here under:-

8.1

Preliminary Geo-technical Investigations: To be carried out at the site for purposes of preparing Conceptual Master Plan and determination of an efficient and cost effective zoning system for the buildings. This is included in Scope of Work of Phase-I to be carried out by MACS along with preparation of survey plans. MACS shall after receiving an advance copy of conceptual master plan from IAC, immediately carry out the necessary tests and supply the requisite data/results to IAC for determining the zoning of buildings, preparation of line plans of various buildings, designs of compound wall and layout - 20 -

of roads and services including preparation of outline specifications for various buildings and services to be incorporated in the conceptual master plans.

8.2

Hydrological Studies: MACS shall carry out complete hydrological studies of the university sites to determine, weather or not the area is susceptible to flooding and propose flood mitigation measures if required including sub surface drainage system etc.

8.3

Soil Investigations: Required for the construction and technical control of all earth works to be carried out in roads, pavements and in trenches etc for execution of work of internal utilities. The Consultants (MACS) shall supply the results of soil investigation to IAC and shall include in his financial bid the costs of all such investigations and tests and provide details of such costs. This is included in the Scope of Services for Phase-I.

8.4

Detailed Geo-technical Investigations: These shall be carried out subsequently for individual buildings culverts, bridges as and when authorized for preparing detailed architectural/structural and infrastructural designs and preparation of constructions documents. This is included in the Scope of Work for PhaseII. The details of investigation to be carried out shall be decided by the structural and geotechnical engineers of the consultants and got approved from the Project Directors/Co-ordinators. These shall in addition to soil parameters include determination of settlements where required.

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9.

Preparation of Master Plans:

9.1 (a)

Conceptual Master Plan: The Consultant (IAC) shall prepare a Conceptual Master Plan for each UESTP Project in the overall programme. This must be based on the analyzed programme of requirements, topographical survey plans and results of preliminary geotechnical and soil investigations supplied by the MACs. The plan should include an account of the IAC’s vision for the operation of the UESTP and its integrated Technology Park. Considerations such as the academic interaction between students in different departments and with Faculty, sports and leisure activities, and cultural occasions should be taken into account. Means of facilitating the interaction between the university’s research work and the Technology Park will be of paramount importance. The residential requirements of students with separation between male and female sections should be borne in mind. The needs of Faculty who may be married or single, Pakistani or foreign, long-term residents or short-term visitors should be considered. Security and safety within the campus and within the buildings should be taken into account from the earliest conceptualization of the plan.

(b)

The Conceptual Master Plan shall be prepared to a scale of 1:5000 keeping the provisions of the ToR vide Para 3 in view. The IAC shall submit this plan along with outline plans of buildings, suggested foundation types, outline specifications of structures and finishes to be provided in different buildings etc. (the outline plans of buildings shall be prepared to a scale of 1:200)

(c)

Detailed

design

and

development

plans

of

major

research

laboratories/workshops relating to different disciplines shall be prepared to a scale of 1:100 and shall incorporate the layout plans of equipment proposed to be installed in these laboratories/workshops. The IAC shall also provide detailed sections of these buildings, all - 22 -

types of equipment loads for which the foundations of buildings etc are required to be designed must be considered. working closely with the MAC. (d) The Conceptual Master Plans and shall depict all educational, including The specifications of such equipment etc. will be provided to the Project Directors

administrative,

residential

amenity

buildings

commercial areas proposed in the complexes.

In addition to

academic blocks, the Master Plans shall include administration blocks, students’ hostels, libraries, the auditorium, Faculty and staff residences, mosques and other amenities like cafeterias, post offices, security services, recreational facilities, gymnasiums and covered arcades etc where required or foreseen. (e) The Conceptual Master Plans shall also include outline descriptions of all external utilities like water supply, sanitary sewer systems, storm drainage systems, etc electrification, roads, parking areas, pedestrian routes gas and telecommunication lines etc. The Conceptual Master Plan shall also show source development facilities required for water supply and electricity generation if not provided through municipal facilities. In addition, it should include locations of tube wells overhead reservoirs, sanitary engineering structures like sewerage treatment facilities. Details of requirements will be developed in consultation with the MAC and the Project Directors. The provision of parks, running tracks, playing fields and other green areas separating the campuses from highways etc also needs to be properly planned . The Conceptual Master Plans shall also indicate the spaces required for expansion of the UESTP. All highways, roads, streets and pedestrian paths shall be located and planned keeping in view sound traffic engineering principles and in accordance with the guidelines included in § 3 of these ToR.

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(f)

The Conceptual Master Plans prepared by the IAC with inputs from MACs and the Project Directors shall be considered jointly by the HEC, the foreign partners in each UESTP and HEC’s advisers. Any changes required to be incorporated will be communicated to the IAC and incorporated in the Conceptual Master Plans when agreed mutually by all parties.

Deliverables Three hard copies of the agreed Conceptual Master Plans along with three hard copies of reports containing outline plans and outline specifications and design development drawings and data for research laboratories and workshops etc. Electronic versions of these documents also must be made available.

9.2

Final Master Plan: The Final Master Plans shall be prepared by the MACs from the approved Conceptual Master Plans first to a scale of 1:1000 and then to a scale of 1:500 incorporating details of major and minor buildings, external and internal utility services, subsidiary buildings, sports and recreational facilities, plans and cross-sections of roads and streets indicating the location of various services such as pavements, parking areas, foot paths, internal water supply distribution systems, sanitary sewerage systems, storm drainage systems, proposed water storage and water channels, landscaped areas, sewerage treatment facilities, proposed electricity generation and distribution facilities, recirculation systems for treated effluents for possible use within the campus for horticulture and watering of green spaces etc. While preparing the final master plans, the MACs shall incorporate the recommendations of a study report prepared by properly qualified hydrologists indicating the extent to which the university site is susceptible to flooding and the hydrologist’s proposals for flood mitigation measures to - 24 -

be adopted including an effective storm drainage system to be adopted on the site. The Final Master Plans must be discussed with the Project Directors and reviewed by the IAC before it is submitted to the HEC for formal approval by the clients. The Final Master Plans shall also incorporate the present and future land use analysis. The PMAC shall in his technical report outline in detail the proposed sequence of evolution of the Final Master Plans from the approved conceptual Master Plans.

10.

Phases of Work:

Phase-1 Works: 10.1 The entire work required to be carried out as specified shall be done in two phases. Phase-I shall include:a) Topographic Surveys. ( To be prepared by MACS and supplied to IAC) b) c) Preliminary Geo-technical Investigations and soil surveys. (To be prepared by MACS and results supplied to IAC). Hydrological study report of the site. ( To be Prepared by MACS and copy supplied to IAC) d) Preparation of Conceptual Master Plan of the proposed Campus. (To be prepared by IAC along with reports as detailed.) e) f) Preparation of final Master Plan. ( To be prepared by MACS) Allocation of spaces left out for expansion of different units to accommodate final requirements. (Action by IAC & MACS) in Conceptual and Final Master Plans. - 25 -

g)

Prepare out line specifications for construction of various buildings and utilities planned in the universities, except National Signature Building (Action by IAC)

h)

Prepare line plans of the units proposed to be constructed under normal requirements of various universities. These plans shall incorporate out line proposals/specifications indicating the Architectural characteristic of the buildings including their proposed zoning heights as per conceptual Master Plan. These plans which shall include elevations and sections etc shall be prepared in sufficient details to exhibit the salient features of the design and finishes. (Action by IAC)

i)

To prepare Preliminary Architectural Plans for the National Signature Building(Action by APCs)

10.2

Preliminary Cost Estimates and PC-I Not with standing the provisions of adequate circulation spaces and design of energy efficient buildings the consultants viz IAC, MACS and APCs shall ensure that the spaces provided for various buildings are reasonably in accordance with those shown in the approved PC-I’s (Copies of which can be obtained from HEC). Similarly the finishes/services proposed to be provided shall correspond to the requirements of various buildings outlined vide Annex IV, V, VI. The consultant (IAC, MACs and APCs) shall respect the financial provisions of the approved PC-I’s and ensure through the preparation of sub head wise rough cost estimates that it will be possible to complete the works with in the provisions of the sanctioned PC-Is.

10.3

Deliverables: The Consultant shall submit to the client:-

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a) b)

Topographic Surveys as detailed in 7.4. (3 copies),(Action by MACs) 3 copies of the Preliminary Geo-technical Soil/Investigation and Hydrological Reports of the site. ( Para 8.1,8.2 & 8.3), (Action by MACs)

c) d)

A study report in respect of land requirements ( Para 7.3) (03 Copies), (Action by IAC) 03 copies of Conceptual Master Plans with compact disks including line plans, outline specifications and reports etc. (Para 8.4) (Action by IAC)

e)

03 copies of the final Master Plan with compact discs for preparing further copies as and when required. (Para 9.2) (Action by MACs)

f)

03 Copies of Preliminary Architectural Plans and outline specifications of National Signature Buildingbuilding with compact disks (Action by APCs)

g)

03 Copies of rough cost estimates of buildings as purposed to be designed and constructed. (Para 9.2), (Action by IAC & MACs and APCs)

Phase-2 Works The works included in Phase 2 will be taken in hand only as and when and to the extent authorized by the client (HEC). These include but not limited to the works included and forming parts of approved mini PC-I for the respective UESTP’s. The abstracts of civil works approved in the mini PC-Is are shown at annexure IV, V, VI. 10.5 In addition of above works, the client in consultation with MACs & APCs may authorize the detailed architectural and engineering designs as well as other related services like Q.S services, preparation of construction documents, pretender services and construction supervision etc of all such works included the programme of requirements for which either the Mega - 27 -

10.4

PC-Is have been approved by the ECNEC or anticipatory approval have been obtained by it from the ECNEC Secretariat. Delays in authorization of undertaking full scope of works shall not entitle the IAC, MACs and APCs to any additional claims but will entitle the consultants to extension of the time for completion of works. Part 2 works shall be planned and designed in the following sequences.

10.6

Detailed Geo-technical Investigations The Consultant (MACs) in consultation with his geotechnical and structural engineer shall:a) Prepare a programme of investigations required to be carried out for each individual building infrastructural

facilities/works of the university, identifying the spots and the depth of the bore holes, types of rigs to be used in carrying out the sub surface investigations and details of the tests required to be carried out. These shall be got approved from the Project Directors. b) With the help of qualified and experienced Geologists, identify micro risk zones on the site and ensure that high rise buildings are not located in such zones. c) The Consultant along with the Geo-technical and Structural Engineer, responsible for design and carrying out the sub soil investigations shall be responsible for the correctness of all the sub soil data presented in the report and interpretations/conclusions derived from such data, like safe soil bearing capacity, the depth/type of foundations required to be designed for different structures.

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d)

For structures founded on clay/silty soils or combinations there off all parameters required for settlement analyses shall be required to be tested for working of differential settlements as and where applicable.

e)

The Consultants shall ensure that the structures are not founded on expansive clays, nor on such other strata which is subject to liquefaction in the event of major earth quakes.

f)

For structures founded on slopes, special slope stability analyses will be required to be carried out.

g)

The Consultant (MACs) shall satisfy itself with the work of sub soil investigations by providing sufficient qualified & competent supervision as the investigation work proceeds. He shall be required to issue instructions regarding further investigations if so required based on his experience of the type of strata encountered.

10.7

Deliverables: At the end of the detailed Geo-technical investigations including laboratory testing, the Consultant (MACs) will submit three copies of the Geo-technical Report to the HEC, certifying that he and his Structural Engineer are fully satisfied with the work done by the Geo-technical Engineering Contractor and he takes full responsibility for the correctness of the data and the results derived in the reports.

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11.

Preparation of Design Development Proposal:

11.1 a)

Collaboration with Specialists: Not with standing the design development drawings provided by IAC for the research laboratories and workshops etc and by APCs for Library the consultant (MACs) according priority to works shown in accordance with the agreed time lines shall from approved conceptual architectural plans/drawings prepare design development architectural drawings for all buildings and authorized infrastructural development works. The Consultants (MACs) shall incorporate the requested amendments in the conceptual architectural designs if any and the design development proposal will illustrate size of the project in sufficient details explaining how the design is going to perform on completion of the project and to what extent the performance objectives detailed in this TOR have been achieved. At this stage the Consultant shall incorporate inputs from other specialists in the fields that he may like, provided such facilities are not available in his office and a list of such Consultants have been indicated by him in his technical report. The Consultant will coordinate inputs from Structural Engineer, Electrical Mechanical Engineer, HVAC Engineer, Gas/Fire Safety Engineer and others to ensure that the design development drawings depict the final design proposal. The design development drawings shall be prepared by the MACs faithfully incorporating the proposals of IAC listed and approved by the client in the conceptual report submitted by IAC pursuant in Para 9.2

b)

The

Consultants

will

also

advise

the

clients

about

the

repercussions/implications of any subsequent changes on the cost of the project and on the over all construction programme. The Consultant shall also obtain all permissions of the local Authority required in connection with the proposed projects, including the relocation of existing services and incorporate the same in his final design proposals (design development drawings). The - 30 -

scrutiny fees/other charges payable to the local authority shall be merged by the Consultants in their design fees. The design development drawings shall also be submitted to HEC for approval. c) Design development drawings shall be prepared to a scale of 1:100 and shall include architectural, structural, water supply sanitary/plumbing, electrical, mechanical, HVAC, lifts where required, Gas and fire safety proposals. These shall include security systems as well as crises management system, garbage disposal system etc. d) The design development proposals for infrastructural development works shall be prepared to a scale of 1:1000 and shall include section/cross section of roads indicating the location of all internal utility services like street lights, sanitary sewer system, storm drainage system, sub soil drainage system if and where required, water supply distribution system, recirculation system for treated affluent for use in landscaping and horticulture including all works relating to source development of electric power, water supply and sewerage treatment etc as well as those relating to landscaping and environmental control works as foreseen and approved in conceptual drawings/report.

12.

Detailed Design (Constructions Drawings): Based on the approved design development drawings, the Consultant MAC shall prepare and issue final designs incorporating all pertinent data required or gathered in the previous stages of development and prepare construction drawings for the buildings and infrastructural services. Construction drawings relating to all internal utility services within various buildings should be prepared separately based on the architectural construction drawings. These shall include, but not be limited to: (a) Preparation of detailed designs of all infrastructural development facilities like roads, pavements, parking, culverts and bridges, - 31 -

12.1

interchanges, water supply, sewerage, storm drainage, underground drainage as required, external electrification, gas and communication lines etc. Detailed designs shall be prepared also for landscaping and environmental-engineering works. (b) Architectural drawings of buildings, with construction details of all features. (c) (d) (e) (f) (g) (h) Structural drawings. Electrical supply drawings. Plumbing installation drawings. HVAC drawings (for the buildings shown in the PC-1). Installation of lifts (where required). Drawings relating to provision of special features in kitchens and cafeterias etc. (i) Drawings and specifications showing any specialized equipment required to be installed in the research laboratories and workshops. Weight, vibration effects and the foundation types required for such equipment must be considered. These drawings will all be finalized by the MACs in co-ordination with IAC and experts of collaborating universities. (j) (k) (l) Drawings relating to the fire-alarm and fire-fighting systems. Security systems and crisis-management system. Drawings relating to telecommunications facilities, and any other facilities and utilities that are required to be provided. (m) Details of all finishes, doors, windows, floors, roofs, wardrobes etc should be provided. - 32 -

(n)

Drawings relating to fire safety, fire escapes and crisis management systems

(o) (p) (q)

Drawings related to interior decoration furniture and furnishings. Drawings relating to the garbage disposal system. Any other matters not specifically listed above but necessary for the project.

Construction drawings for buildings shall be prepared on a scale of 1:50. They must include all details such as concrete outlines with dimensions and details of steel reinforcement bars including bar-bending schedules etc. These drawings should be prepared in sufficient detail to be followed by Construction Foremen on the site. The construction drawings for infrastructural development works shall be prepared to a scale of 1:500.

12.2

Construction Documents: Along with construction drawings, the Consultant shall submit a set of complete draft tender documents consisting of:i) ii) iii) iv) Instruction to bidders. General Conditions of Contract. Conditions of particular Application. Formats of Agreement, Bid Security, Performance Security, The tender, detailed Bill of Quantities and the like for review and approval by the client while approving the final design proposal.

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v) vi)

Detailed

specifications

including

copies

of

applicable

standards mentioned in detailed specifications. Time required executing the work. After discussions with the HEC and Collaborators if required,

Note:-

the Consultant (MACs) shall prepare and submit the above stated documents in different packages prepared in accordance with the appropriations available with the client. The packages shall include works as outlined in the PC-Is for execution of infrastructural works and buildings required in accordance with the number of students being enrolled in the UESTPs and as given in the approved PC-Is. The intension being that the public funds expended shall be fully utilized and the buildings put to use immediately on completion as required.

12.2 (a)

Alternatively for Turn Key Contracts

If it is required by HEC to bid contracts on turn key formats, The Consultant (MACs) shall:a) Prepare TOR for the contractors illustrating the design and construction requirements of project. b) Check, verify and certify to the client the competence and proficiency of the consultant/design staff employed by the contractors. c) Vet the designs prepared by the consultants/design staff employed by the contractors. d) Prepare draft bidding documents for obtaining competitive bids from the contractors on turn key formats. e) Check the submissions of the contractors and the contractor’s consultants for responsiveness to be provisions of the TOR. f) Check and analysis the turn key bids received including the proposed payment schedules demanded by the contactors and give recommendations to the client for award of work to the lowest evaluated responsive bids.

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13.

Certification/Indemnification:

The Consultant’s (MAC’s) Structural Engineer shall certify that the drawings prepared by him/vetted by him have been prepared in accordance with the applicable building codes and incorporate provisions to resist seismicity of appropriate intensity as specified by the Pakistan Building Code for various cities. Where the Universities have been located in Zone-3 and Zone-4 from seismic considerations, the Consultant shall get their structural design reviewed and rechecked through an independent Structural Engineer to be designated by the client (at no additional cost to the client). This shall however not apply to turn key projects, where this work will be carried out by MACs. The Consultant (MACs) and his Structural Engineer shall indemnify the client against all risks of damages/claims by third parties in the event of failure/collapse of structures during their life time, as determined by the governing laws of Islamic Republic of Pakistan. A similar indemnification shall also be obtained from the contractors in case of turn key bids. Similarly in areas of low and moderate seismicity the structures shall also be designed for all horizontal/vertical loads generated by seismic excitations and the Consultant shall indemnify the employer as stated above. The need for vetting the structural designs prepared by MACs through an independent Structural Engineer may however, be relaxed by the client in its sole discretion.

13.1

Applicable Codes of Practice:

All structures shall be designed in accordance with latest international code of practices. ASCE specifications and Uniform Building Code 1997 will govern in the same order of precedence over any other code provisions followed in consultation with the client. Deliverables: a) 03 copies of all construction drawings stated in Para 12.1 above. b) 03 copies of draft tender documents in respect of buildings and combination of different utilities in one package. - 35 -

c) 03 copies of the design calculation relating to structures and other utilities. d) CD’s of the aforementioned submissions. Alternatively Where the contracts are placed on a turnkey basis, the deliverables shall be similar submissions by the consultants of the Contractor and these must be duly checked and verified by MACs for turnkey proposals.

14.

Quantity Surveyors’ (Q.S.) Services

Except for turn key bids, the Consultants having decided with the client the formats to be used for the call of tenders and conditions of particulars application, including clauses relating to:a) b) c) d) e) Availability of sites. Construction drawings, disputes etc. Priority of documents as per clause 5.2 C (Part-1), FIDIC 4. Powers of “The Engineer”, “Employer” and Engineers/Employers representatives etc. Type of BOQ format to be used etc shall ensure correctness of these documents and will certify that no “loop holes” are left in these documents which will enable the Contractor to prefer uncalled for claims at a later stage. A similar analysis and certification shall be required form the consultant MACs in respect of contracts on turn key basis. Notwithstanding the above, the Consultants shall:a) Work out quantities accurately from the construction drawings and certify their correctness to an accuracy of ±5% before submitting the BOQ’s to the client for approval. b) Provide detailed specifications which are “job specific” to the project under design and execution.

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c) Where references have been made to standard specifications by designation such as AASHTO, BSS, ASTM etc or others, a copy of such standards shall be supplied to the client and the Contractor. d) The provisions of all documents forming part of the Contract shall be corelated to exclude any/all ambiguities/discrepancies, in the documents forming parts of the Contracts.

15.

Pre Construction Stage:

15.1

Engineers Cost Estimates: Weather or not a project or package is bided on turn key basis, the Consultants (MACs) shall provide detailed cost estimates of project/Packages on the current schedule of rates applicable in the area where the construction is to be under taken or the market rates which should be supported with proper analysis of rates. Due care shall be exercised by the Consultants in the working of the quantities and the application of rates which requires extreme proficiency as these estimates are basic documents to exercise financial control over the project. The correctness of all quantities shall be certified by the Consultants to be within a variation of ± 5%. Except in case of turn key solutions, no such variations shall be permissible to the contractors where bid shall include all such exigencies.

15.2

Bidding Stage: The Consultants having prepared and submitted the detailed construction documents and drawings should act as under:a) Issue construction documents to prequalified contractors for

different packages/turnkey proposals as already agreed. In the first instance the Contracts relating to infrastructural development work - 37 -

should be entered in to. Subsequently Contracts, for the construction of different buildings may be entered in to in the order of the priority agreed to with the Project Directors. In case of turn key proposals, the execution of works shall be carried out in the sequence in which infrastructures and buildings are required to be used. This shall be provided in the contract documents. The Consultant (MACs) should supply sufficient tender documents to the client for issue to prequalified Contractors. The prices of the documents should include printing charges only and should be decided with the client which on receipt of the same from the Contractors will be credited to the accounts of the Consultants.

15.3

Pre-bid Meeting: On receipt of queries from the Contractors on the construction documents, the Consultant (MACs) should attend to the queries and discuss the same with the Project Directors before the pre bid meeting. The pre bid meeting should invariably be attended to by the Consultant (MACs) and issues agreed between the parties should be listed and circulated to all Contractors in the form of addenda. These addenda should be given appropriate priority in clause 5.2 CC part II or priorities clause as per applicable contract formats.

15.4

Evaluation of Tenders: On receipt of tenders, the Consultant (MACs) will collect from the client’s representative (Project Directors) the tenders actually received/opened. The Consultant will attend the bid opening meetings and evaluate the tenders, give his firm recommendation to the client for acceptance or rejection of the lowest tenders. In case it is decided to negotiate the tenders further for reduction in rates, it shall be done in the most open manner. Following clause shall be added in the letter issued for inviting bids for open negotiations:-

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“Open negotiations are being held to reduce the tender price only. The Contractors are not allowed to increase their bid price during the process of negotiations. For those Contractors who do not intend to reduce their prices, the original tendered cost shall stand.” The letter for open negotiations should be sent to all prequalified Contractors who purchased the tender documents whether or not they entered into the bid.

15.5

Fees Payable during Design Stage: a) Fees shall be paid to the Consultants (IAC, MACs & APCs) at the finally negotiated contract rates for the works actually designed. These will be based on the costs approved by Competent Authority in accordance with the rate as given in the approved PC-I, without escalations etc. These shall be fixed and final and not subject to change. For repetitive works, the fees shall be separately quoted for the design of sub structures only as a percentage of 4% of the cost of civil works included in the approved PC-I’s. This shall also cater for any minor changes required in the drawings of super structure. This shall apply to the cost of one building unit of each type. As an example if there are 45 identical institutional buildings in a university and the consultant has to revise the design of foundations and plinth of these buildings due to any reason like variation in the bearing capacity etc, the cost to be paid to him will be calculated as under:i. The cost of civil works as per approved PC-I is Rs. 2000 per square foot. ii. Contracted rate of the consultant is 2% (supposed) Fees payable to him will be worked out as under:=
2 4 * * 2000 100 100

i.e Rs. 1.60 x Area of one building.

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b)

Where the design for the repetitive buildings / services exists with the

Client (HEC) as a result of work done by another MAC appointed by HEC and is made available to another appointed MAC, it shall be mandatory for the this MAC to satisfy himself for the designs already prepared before adopting the same. HEC will pay the additional fee to the new MAC for vetting the structural design already prepared at the finally negotiated / contracted rates for 7.5% of the cost of civil works included in PC-I for the lead model university. This shall apply to the cost of one building unit of each type. As an example if there are 45 buildings in a university and the consultant has to vet the design of super structure of this university, the cost of civil works as per approved PC-I is Rs. 2000 per square foot and contracted rate of the consultant is 2% (assumed) of the cost provided in the PC-I, then for vetting the design of super structure he will be paid i.e Rs. 3 x Area of one building.
2 7.5 * * 2000 100 100

Similar system will be adopted for other repetitive buildings. c) MACs shall be responsible for providing services for project

Management and quality control on the execution of works through the provision of detailed construction supervision. Para’s 16.1 through 16.9 of these documents spell out in detail the services to be provided by the MACs, to ensure adherence to design and specifications by the contractors executing the Project.

15.6

Contract Formats Paras 16.11 through 16.17 read along with annexures deal with the contract formats, special conditions, earnest money, liquidated damages and performance security, adjustments in fees, increase in supervision fees due to time over runs, fee payable to MACs for construction supervision services included in the Contract, Consultants offices, fees and re-

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numerations, advance payments, time schedules evaluation criteria for the award of works etc.

16. 16.1

Construction Stage: Construction Supervision: It is the intention of HEC to award full construction supervision to the Consultant (MACs). The Consultant (MACs) shall supervise the construction operation through the employment of well qualified and approved staff as “The Engineer and Engineer’s representatives”. The fees payable to Consultants shall be fixed and final for the construction supervision phase which shall be quoted by him as a percentage of the amount of engineer’s cost estimate or contract price whichever is less on which the work will be awarded to the Contractors. No increase in fees of consultants shall be adjusted on account of any increase in the quantities or quality of work suggested by the Consultants after the award of works. The Consultants should prepare and provide in technical proposal sub head wise quantified and priced details of man months intended to be actually employed for construction supervision and give CVs of the staff proposed to be employed for design and construction supervision. It must be clearly understood that in the event of any employees leaving the Consultant or having been removed by the Consultant on recommendations of the Client/Project Directors, the Consultant shall be bound to replace such person with persons of equivalent/better qualification and experience within reasonable time. The client will authorize the IAC/APCs for examining the quality of work being executed by authorizing them periodic visits for top supervision of works. The designated architect/engineer (IAC or APCs) shall inspect the

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works periodically and convey his findings to MACs and Project Directors/HEC.

16.2

Consultant as “The Engineer”: The Consultant (MACs) during construction supervision shall act as Authorized “Engineer” in terms of contracts to be entered into with the Contractors. He shall be responsible for checking quality and quantities of work and authorizing payments to the Contractor as provided for in the Contracts. He shall also be responsible for maintaining systematically all correspondence between the client, contractor, IAC APCs and collaborator as the case may be.

16.3

As Built Drawings: The Consultant (MACs) shall maintain a complete set of record of as built drawings and specifications noting all changes authorized from the original contract documents. The as built drawing when submitted by the contractors shall be properly and promptly reviewed by the Consultants for accuracy.

16.4

Shop Drawings: Where the contractors are required under the contract for construction to submit shop drawings of the goods required to be manufactured, these shall on receipt be promptly reviewed and approved by the consultants who will also insure that no additional costs are required to be incurred by the client, nor there are any deletions permitted from the provisions of the specifications

16.5

Adherence to Construction Programme: The Consultant (MACs) or his authorized representative/ representatives including “The Engineer” shall ensure that all works are executed in - 42 -

accordance with the computerized programmes of construction works, approved by the client. The programmes shall be prepared on CPM/PERT as applicable. Delays if any in the critical activities shall be immediately brought to the notice of the client. Bi-weekly meeting will be held between the contractor, the Engineer and the client’s representatives to expedite the work in accordance with the schedule. The meetings will high light the drawings required from Clients/ Consultant (MACs) and in puts by Contractor. Progress report in the forms to be approved by the Project Director shall be submitted by the Consultants to the Project Director every month with copies to client and on achieving mile stones as per computerized programmes.

In the event of delays from the programme of execution of works the Consultant (MACs) shall immediately discuss issues resulting from such delays and revise the original programme to cover such delays requiring extra inputs from the contractors as well as his own supervisory staff at no additional cost to the client. The Consultant (MACs) shall advise the client of the sufficiency of contractor’s staff and equipment employed on the site of works and shall take measures to ensure in their contract provisions, that the staff and the equipment employed by the contractors at site is commensurate with quantum of work and the agreed time schedule.

16.6

Inspection/Acceptance and Quality Assurances: In addition to the contractual provision with contractors where the Consultant (MACs) has full authority for inspection/acceptance and quality assurance and is squarely responsible for the execution of works in time and to desired standards of quality, it is incumbent that the Consultant (MACs) shall prepare in association with the contractors and the clients representative a detailed Quality Control programme which should determine the responsibilities of various officers/officials from amongst the consultant’s (MAC’s) staff authorizing the execution of - 43 -

activities during the process of execution of work so that it should be possible to trace back the responsibility for the defects appearing in the construction subsequently from the records of such quality assurance programme. Similarly the employer’s representatives at site shall also ensure that the contractor executing the work is complying with the drawings and specifications.

16.7

Project Management: The Consultants (MACs) shall employ properly qualified staff for the purposes of Project Management and reporting during construction operations. Any differences of opinion between the MACs, IAC & APCs shall be refered to the Management Committee appointed by HEC in the Head Office, in addition to the Employers representatives appointed at work sites for quality assurance. The Management Committee appointed by the client shall constitute: a) b) c) d) e) Federal Coordinator-I, UESTP/HEC. Federal Coordinator-II, UESTP/HEC. Engineering Advisor, UESTP/HEC. Respective Project Directors Two co-opted members ( one structural engineer and one architect)

All decisions taken by the Management Committee shall be final and binding on the Consultants (MACs/IAC/APCs) and the Contractor as if having been taken by the Employer (client).

16.8

Quality Control through Testing Laboratories: The Consultant will through laboratories to be established by the contractors at work sites for which provisions shall be made in work contracts ensure that all equipment provided therein is properly calibrated and giving correct results when destructive testing is done on samples obtained from site. In addition the Consultant will be equipped with non destructive devices to ensure that the quality of work achieved in the actual execution is not inferior to those specified or indicated by the - 44 -

laboratory results. The Consultants (MACs) acting as “The Engineer” may suspend the construction for limited periods under relevant contract clause if the contractor fails to redress the defects pointed out by the Consultants (MACs) in the quality of materials or method of execution of work, found not in accordance with the provision of the contract specifications. The Consultant (MACs) will be responsible for correct authorization of interim payments including finalization of the account on the completion of the project and cessation of defect liability period.

16.9

Limitations on the Powers of “The Engineer”: The Consultant (MACs), the Engineer or Engineer’s representatives are not authorized:a) b) To make variations to quality or quantities of work without prior approval of the client, which may increase cost of work. Make such changes in the specifications as for use of lower quality materials and/or execute work on poorer specifications. The Consultant acting as “Engineer” in respect of discharge of their duties shall act judiciously safeguarding the interest of the client basing his decisions on equity between the parties.

16.10 Alterations/Modifications to Design: The Consultant (MACs/IAC/APCs) shall not make any alterations or modifications to the designs of buildings and construction drawing unless he is of the considered opinion that the original design prepared by him were either inaccurate or required changes as a result of authorized addition and alterations ordered by the client. Nevertheless such changes if required shall be got cleared from the Management Committee in writing.

16.11 Bid Validity:

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The bids provided by consultants in their financial proposal/as negotiated shall be valid for a period of six months from the date of opening of financial proposals.

16.12 Contract Format: The Contract with the Consultants shall be executed on the format issued by Pakistan Engineering Council, Islamabad titled.

- 46 -

STANDARD FORM OF CONTRACT FOR ENGINEERING CONSULTANCY SERVICES (for Large Projects) Lump sum Assignments

16.13 Form of Agreement: The Form of Agreement will be as shown in Annexure-X

16.14

Special Conditions of Contract:

The provisions of SC (Special Conditions of Contract) shall have priority on the General Conditions (GC). These are described in Annexure-XII

16.15

Earnest Money:

The financial proposal shall accompany an earnest money amounting to Rupees One Million (Rs.1 Million) for MACs and US $ 4000 for IAC & APCs through Pay Order in favour of HEC or deposit at call. The earnest money shall be forfeited in case the Consultants fail to under take the work within time specified in the conditions of contract.

16.16

Liquidated Damages:

As specified in the Special Conditions Annex-(XII) clause 2.4 (c).

16.17

Performance Security:

The Consultants shall within 15 days of the issue of letter of award, provide to HEC a Performance Security to cover 10% of the estimated fees payable to them under the Contract worked out on his quoted percentage on the provisions of the PC-I’s + LS. quotes for preparing Master plans, designs and supervision, from a renowned insurance company acceptable to the client. Irrespective of the actual fees admissible to them. The performance security shall be kept valid till the completion of contract and cessation of defects liability period of the Contractor. - 47 -

Where the consultants are authorized to do the works in packages, he shall provide the performance security for the works authorized by the client/PD’s.

17.

Adjustment to Fees:

If during the execution of works, it is found that the Contract amount as a result of variations in quantities/quality of work reduces by more than 5%, the fees of the Consultants shall be reduced accordingly save that there shall be no increase in fees, if the Contract amount increases.

18.

Increase in Consultancy Fees for Supervision due to time over runs:

The fees of the Consultants for construction supervision due to time over runs shall be subject to adjustment as follows: a) If the time over run for construction supervision is due to the fact that - i) The Consultant did not issue enough construction drawings along with the tender, which resulted in delays. Nothing extra shall be paid to the Consultants. In this connection clause 6.4 of G.C. FIDIC 4 refers. If the Contractor defaults to execute the work in the required time and the Consultants (MACs) have taken due care to expedite the works through issue of notices, the additional fees payable to the Consultant (MACs) for time over run shall be borne by the Contractors in addition to liquidated damages payable by him. A provision to this effect shall be made by the consultant (MACs) in the Contract documents issued to the Contractors.

ii)

19.

Payment of Consultancy Fees to MACs for Supervision:

The fees payable to the Consultants (MACs) for supervision shall depend on the progress achieved by the Contractors and shall be worked out on the contracted - 48 -

percentage of the value of work done by the Contractors. Only in cases where client (i) increases the quantum of work after the award of works to the Contractors; (ii) Fails on the issue of client’s supplied materials or due to such other action which are beyond the control of the Consultant (MACs) and the Contractors except for force majeure that increase in consultancy fee shall be considered based on the actual expenditure incurred by the Consultants giving effect to changes stated above. No adjustment in fees shall be made on account of force majeure. The fees payable to IAC/APCs for top supervision shall be based on per diem basis per visit charges in addition to business class air travel charges, boarding and lodging to be provided by the client.

20.

Services included in the Fees of the Consultant:

All the services defined in the terms of reference or as agreed in the terms of reference as a result of improvements to/deletions from the terms of reference, resulting from the Consultant’s technical report shall be deemed to be included in the contracted fees of the Consultants. They are stated hereunder but not limited to the same.

Services in respect of Phase-I Works: a) Preparation of study report on land required for ultimate expansion of the universities. ( IAC) b) Topographic Surveys. (MACs) c) Preliminary Geo-technical Investigations/soil surveys. (MACs) d) Preparation of conceptual Master Plans and report. (IAC) e) Preparation of final Master Plan. (MACs) f) Services relating to conceptual planning all external utilities like roads, pavements, parking, water supply, sewerage, s.w. drainage, electricity and others in the area including source development and disposal works as required. (IAC)

- 49 -

g) Preliminary Architectural designs of buildings and out line specifications except Library. (IAC) h) Preliminary Architectural Designs of Library buildings. (APCs) i) Preparation of hydrological studies (MACs)

Services in respect of Phase-II Works: a) Detailed Geo-technical investigations. (MACs) b) Architectural services for all buildings except National Signature Building(NSB) (final).(MACs) c) Architectural services for National Signature Building (NSB) (Final) (APCs). d) Structural services for all buildings including National Signature Building(NSB) (MACs) e) Detailed design of all services I/C Electrical/Mechanical Engineering Services including design and installation of universities own power plant, H.T., L.T. lines, installation of lifts, HVAC works where authorized. (MACs) f) Landscaping and Garden Design Services as specified. (IAC) g) Interior design services including design of furniture and furnishing. (MACs) h) Any other service such as those captioned in Para (II) or relating to graphic design, industrial design, financial advisory services, payment of expatriate sub-Consultants with the prior approval of the client for doing specialized jobs, the facilities of which are not available with the Consultant. (IAC) i) Preparation of construction documents comprising of instructions to bidders, general conditions of contract, conditions of particular application, special conditions addenda’s/corrigenda’s engineers cost estimates, BOQ’s specifications and construction drawings etc in packages or for turn key documents as specified. (MACs)

- 50 -

j) Pre construction stage: Preparing documents comprising of engineers cost estimates attending to pre bid meetings, issuance of addendum etc. (MACs) k) Evaluation of tenders and recommendations for award of works (MACs) I/C assistance required during negotiations if required to be carried out. l) Project Management, detailed construction supervision and quality control services. (MACs) m) Periodic/ Top Supervision of works. (IAC/APCs as applicable) Note:- The services defined in 20(h) above are only payable if specifically stated in the technical report and fees quantified in the financial reports submitted by the Consultant. (IAC)

21.

Consultant Offices (Mandatory Provisions)

Since the Consultant (MACs) is likely to work on more than one UESTP, he shall open a co-ordination office along side the offices of the Project Directors. This office shall be maned with an experienced architect who shall do all co-ordination between the Project Directors, MACs, IAC and APCs during the Phase I works. This architect shall also be a member of the consultants supervisory team as the construction work on the UESTPs progress and responsible to ensure that the salient architectural features of the buildings are faithfully being in corporated in the execution of buildings. The consultant (MACs) shall be responsible for all the expenses in connection with the opening of this co-ordination office. The consultant MACs shall provide the CV of the proposed architect and include him in the man month schedule.

22.

Documents prepared by consultant to be the property of client:

All plans, drawings, specifications, reports and other documents and software prepared by the consultants (MACs, IAC, APCs) as per deliverables already stated in these Terms of Reference shall become and remain the property of HEC and the consultant (IAC, MACs, APCs) shall not later than on termination or expiration

- 51 -

of this contract deliver (if no already delivered) all such documents and software to the client together with detailed inventories thereof. For repetitive works/buildings in a university the consultants will repaid fees for the one unit building type only except as stated and elaborated in Para 15.5 of these Terms of Reference

23.

Fees and Remunerations:

The Consultant shall quote fees as specifically asked for in the conditions of particular application of the contract format and detailed in Annexes- (VII) (VIII), (IX) and (X). These fees shall be considered as full and final settlement of all the services to be provided/already detailed including services required as per over riding clause.

24.

Advance Payment:

No advance payments shall be admissible unless the payments of such advance not executing 10% of the design fees have been specifically approved by the employer as mobilization costs subject to provisions of a bank guarantee from an approved scheduled bank en-cashable immediately on presentation, without reference to the Consultants, is provided by the Consultants. The advance payments shall be recovered from the design fees of Phase-I & Phase-II while authorizing payments along with interest charges. The bank guarantee should cover the entire duration of the contract including such extensions as may be granted by the client from time to time or till the advance is fully paid, whichever is earlier. 15% simple interest shall be charged on all advance payments on reducing balance basis.

25.

Time Schedule:

Time for completion of design services included in Phase-I will be 4 months from the date of issue of work order. For Phase-II services, and the extra work awarded to the Consultant for each UESTP is required to be completed in 5 years The Consultants (MACs) shall quantify the time required for the design and construction supervision phases of development of infrastructural services and - 52 -

buildings separately. A detailed programme on CPM for the completion of design/supervision services along with man month schedules shall be submitted institution wise and included in the technical report. The Consultants shall propose absolute minimum time required, so that the construction work of these institution is taken in hand expeditiously. The proposed time schedule shall be strictly followed, while time being deemed to be the essence of the Contract.

26.

Award of Consultancy Services:

The Consultancy Services shall be awarded as per provisions of Para 7(Selection Procedure) sub Para (2),(3), (4) , (5) and (6) as contained PEC Byelaws gazetted vide statutory notification (SRO) issued by Government of Pakistan, Ministry of Water and Power SRO 809 (1)/86 dated 24.08.1986 and its latest amendments, read with the provisions of PPRA rules for single stage two envelope system. The Consultants shall submit the technical and financial proposals in separate sealed envelopes, marked "Technical Proposal and Financial Proposal". In the 1st instance the technical proposals shall be opened and evaluated by a Committee to be appointed by the client for this purpose. This Committee shall determine the rankings of various Consultants.

27.

Evaluation Criteria:

The evaluation criteria shall be as follows: (a) Evaluation of the firm in terms of the qualifications and experience of its principals and the tasks it has carried out in the past. Previous experience in the design of universities will be of particular significance. (b) Legal status, viz. up-to-date registration with PEC/PCATP in appropriate disciplines (Mandatory). (c) (d) Income tax registration. (N.T.N Certificate, Mandatory for MACs) Understanding of the project needs in conformity with the provisions of the ToR. - 53 -

(e) (f) (g) (h)

Methodology proposed for the preparation of the designs. Work Plan for the whole programme. Project Management Schedule. Experience and qualifications of personnel to be assigned to the project for planning, design and construction supervision.

(i)

Present work load and capacity to fulfil the requirements of this programme.

(j)

Financial Status. (Attached copies of audited balance sheets for last three years)

(k) (l)

Work output for the last three years. Results of any litigation entered into with clients during the last five years.

(m) (n) (o) (p) 28. 28.1

Improvements proposed in the ToR. Innovative techniques proposed for project execution. Technical knowledge of the design of laboratories Knowledge of the design of technology (science) parks.

Evaluation process Opening of bids The financial proposals of the first three ranking Consultants shall be opened in the presence of the representatives of the Consultants who may care to attend. The fees quoted by the Consultants shall be negotiated by the Committee for finalization in the order of the ranking of the Consultants as per the provisions of PEC rules.

28.2

Fee negotiations - 54 -

It should be understood that even if the fees quoted by the first or second ranking Consultants are the lowest, the Committee will have the power to negotiate the fees in a transparent manner amongst the Consultants to an acceptable level.

29.

Powers of the Client to Award Works:

The client reserves the right to increase or decrease the scope of the work, to award the work to any of the Consultants it chooses, or to divide the work among several different consultants without assigning any reason. The decision of the client shall be final and binding and may not be challenged in any Forum or Court of Law.

- 55 -

Annexure X

Format of Contract

,.. .
/
•..

-.,

-~-,~,-

'.,.

FORM OF CONTRACT

INotes:

J.

Use this Form of Contract SoLe ConsuLtants.

when the ConsuLtants pe/form

Services

as

2.

In case the ConsuLtants pe/form Services as a Member velllure, use the Form iI/eluded at the end. All notes shouLd be deLeted ill the finaL text.!

of the joil/!

3.

This CONTRACT (hereinafter called the "Contract") is made the of thc month of (year)_, between, on the

one

day hanc\.

(hcrcinaftcr called the "Client" which expression shall include the successors. legal rqJrcscntalives and permitted assigns) and. on the other hand. (hereinafter called the "Consultants" which expression shall include the successors. legal rC[ncsclllatives and permitted assigns). WIIEREAS (a) the CI ient has requested the Consultants to provide certain consulting services as defined in the General Conditions of Contract attached to this Contract (hereinafter caJled the "Services"); and
(11)

the Consultants, having represented to the Client that they have the required professional skills, and personnel and technical resources, have agreed to provide the Services on the terms and conditions set forth in this Contrnct; the Parties hereby agree as follows:

NOW THEREFORE I.

The following documents attached hereto shall be deemed to form an integral part of this Contract: (a) (b) (c) the General Conditions of Contract; the Special Conditions of Contract; the following Appendices: INote: If any of these Appendices are not used, the words "Not Used" shouLd be inserted beLow/next to the titLe of the Appendix and on the sheet attached hereto carrying the title of that Appendix. I Appendix A : Description of the Services Appendix B : Reporting Requirements Appendix C : Key Personnel and Subconsultants Appendix 0 : Breakdown or Contract Price in Foreign Currency

Appendix Appendix
7

E : Breakdown of Contract Price ill Local Currency F : Services & Facilities to he Provided hy the Cliellt and the Consultants shall be

The mutual rights and obligations of the Client as set forth in the Contract, in particular: (a)

the Consultants shall carry out the Services rrovisions of the Contract~ and the Client shall make payments the provisions of the Contract.

in accordance

with

tht:

(Ii)

to the Consultants

in accordance

with

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their respective names in two identical counterparts. each of which shatl be deemed as the original, as of the day and year first above written. For and on behalf of

Witness Sigl1atures Name Title _ _

(CLIENT)
Signatures Name _

Title
Seal

_

For and 011behal I' of

Witness Signatures Name ... _

(CONSU L T ANTS)
Signatures _

Name Title

_

Title

---------Seal

Annexure XI

General Conditions of Contract

,
\

.... -. -. ,,to- .I' (\.

,

II. GENERAL CONDITIONS

OF CONTRACT

1. GENERAL PROVISIONS

1.1

Definitions
Unless the context otherwise requires, the following this Contract have the following meanings: (a) terms whenever used
111

"Applicable Law" means the laws and any other instruments having the force of law in the Islamic Republic of Pakistan, as those may be issued and in force from time to time: "Contract" means the Contract signed by the Parties, to which these General Conditions of Contract (GC) are attached, together with all the documents listed in Clause I of such signed Contract: "Contract Price" means the price to be paid for the performance the Services, in accordance wi,th Clause 6; of

(b)

(c)

(c1)

"Effective Date" means the date on which this Contract comes Into force and effect pursuant to Clause 2. I. "GC" means these General Conditions of Contract; "Government" means the Government of the Islamic Pakistan and/or Provincial Government(s); "Foreign Currency" means currency Islamic Republic of Pakistan. "Local Currency" Pakistan; means the currency other Republic of

(e)

(0

(g)

than the currency

of

(h)

of the Islamic

Republ ic of

(i)

"Member" in case the Consultants consist of a joint venture of more than one entity, means any of the entities, and "Members" means all of these entities; "Party" means the Client or the Consultants, as the case may be, and "Parties" means both of them: "Personnel" means persons hired by the Consultants or by any Subconsultant as employees and assigned to the performance of the Services or any part thereof;

(j)

(k)

(I)

"se" means the Special Conditions of Contract by which the GC are
amended or supplemente?:

(m)

"Services" means the work to be performed by the Consultants pursuant to this Contract, as described in Appendix A; "Subconsultant" means any entity to which the Consultants subcontract any part of the Services in accordance with the provisions of Clause 3.6; and "Third Party" means any person or entity other than the Client. Consultants or a SubconsultanL "Project" means the work specified consultancy services desired. the

(n)

(0)

(p)

in SC for which engllleenng

1.2

Law Governing the Contract
This Contract, its meaning and interpretation, alid the relation between the Parties shall be govenled by the Applicable Law.

1.3

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

1.4

Notices
Any notice, request, or consent made pursuant to this Contract shall be in writing and shall be deemed to have been made when del ivered in person to an authorised representative of the Party to whom the communication is address~d, or when sent by registered mail, telex, or facsimile to such Party at the address of the Authorised Representatives specified under Clause SC 1.6. A Party may change its address for notice hereunder by giving the other Party notice of such change.

1.5

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

1.6

Authorised Representatives
Any action required or permitted to be taken, and any document required or permitted to be executed, under this Contract by the Client or the Consultants shall be taken or executed by the officials specified in the Sc.

I I I

I:

I

Taxes and Duties
Unless specified in the SC, the Consultants, Subconsultanrs, and their

Personnel shall pay such taxes, duties, fees, and other impositions as may be levied under the Applicable Law, the amount of which is deemed to have been included in the Contract Price.

1.8

Leader of Joint Venture
In case the Con~ultants consist of a joint venture of more than one entity, the Consultants shall be jointly and severally bound to the Client for fulfillment of the terms of the Contract and designate the Member named in the SC to act as leader of the Joint Venture, for the purpose of receiving froll) the CI ient. instructions

2. COMMENCEMENT, COMPLETION, MODIFICATION, AND TERMINATION OF CONTRACT

2.1

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

Termination

of Contract

for Failure to Become Effective

___~LLthis Contract has not Qecome effective within such time period after the . date of the Contract signed by the Parties as shall be specified in the Sc. either Party may, by not less than four (4) weeks' written notice to the other Party, declare this Contract to be null and void, and in the event of such a declaration by either Party, neither Party shall have any claim against the other Party except for the work (if any) already done or costs already incurred by a Party at the reques~ of the other Party.

2.3

Commencement

of Services

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

2.4

Expiration

of Contract

Unless terminated earlier pursuant to Clause 2.9, this Contract shall expire when, pursuant to the provisions hereof, the Services have been completed and the payments of remunerations including the direct costs if any, have

heen made. TLe Services shall be completed within a period as is specified in the SC, or such extended time as may be allowed under Clause 2.6.

I
I
I

The term "completion of services" is as specified in the Sc.

2.5
I'

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

I
2.6

Extension of Time for Completion
If the scope or duration of the Services is increased: (a) the Consultants probahle (;;lects; (b) - (c) the increase shall be regarded as Additional the Client shall extend the time accordingly. Services; and of the Services shall inform the Client of the circumstances and

for completion

2.7 2.7.1

Force Majeure Definition
(a) For the purposes of this Contract, "Force Majeure" means all event which is beyond the reasonable control of a Party and which makes a Party's performance of its obligations under the Contract impossible or' so impractical as to be considered impossible under the circumstances, and includes, but is not limited to, war, riots. civil disorder, earthquake, fire, explosion, storm. tlood or other adverse weather conditions, strikes, lockouts or other industrial actions (except where such strikes, lockouts or other industrial actions are within the power of the Party invoking Force Majeure to prevent). confiscation or any other action by government agencies. Force Majeure shall not include (i) any event which is caused by the negligence or intentional action of a Party or such Party's Subconsultants or agents or employees, nor (ii) any event which a diligent Party could reasonably have been expected to both (A) take into account at the time of the conclusion of this Contract and ([3) avoid or overcome in the carrying out of its obligations hereunder. (c) Force Majeure shall not include insufficiency make any payment required hereunder. of funds or failure

(b)

2.7.2

No Breach of Coutnact
The failure of a Party to fulfill any of its obligations under the Contract shall not be considered to be a breach of, or default under this Contract in~ofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event; (a) has taken all reasonable precautions. clue care and reasonable alternative measures in order to carry out the terms and conditions of this Contract; and (b) has informed the other Party in writing not later than fifteen (15) days following the occurrence of such an event.

2.7.3

Extension of Time
Any period within which a Party shall. pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action. as a result of Force Majeure.

2.7.4

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

2.8

Suspension by the Client
The Cl ient may, by written notice of suspension to the Consul tants, suspend all payments to the Consultants hereunder if the Consultants fail to perform __ ~!1)1 <?ftheir obligations uneler this Contract, including the carrying out of the Services, provided that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall request the Consultants to remedy such failure within a period not exceeding thirty (30) days after receipt by the Consultants of such notice of suspension.

2.9 2.9.1

Termination By the Client
The Client may terminate this Contract, by not less than thirty (30) clays written notice of termination to the Consultants, to be given after the occurrence of any of the events specified in paragraphs (a) through (e) of this Clause 2.9.1 and sixty (60) days' ill the case of the event referred to in (f) : (a)
if

the Consultants do not remedy a failure in the performance of their under the Contract, within thirty (30) days after being

obligations

Ilotified or subsequently (h)

within any further approved in writing;

period

as

the

Client

may

Ii
ave

if the Consultants become (or, if the Consultants consist of more I, one entity, if any of their Members becomes) insolvent or hank.lal; or enter into any agreements with their creditors for relief of debtUP or take advantage of any law for the benefit of debtors or go into liquidation or receivership whether compulsory or voluntary: if the Consultants fail to comply with any final decision reached. result of arbitration proceedings pursuant'to Clause GC 7 hereof: !as a if the Consultants submit to the Client a statement which hi

(e)

(d)

material effect on the rights. obi igations or interests which the Consultants know to be false;
(c)

cmd of the CI ient (15 a

perform thea result of portion if, as material Force than sixty (60) days; or (f) if Ihe Client,

Majeure, Services Consultants of the the for a period ofunable 10 are notlless

in its sole discretion,

decides

to terminate

this Conliracl.

2.9.2

By the Consultants

days written notice to the Client, such notice to be given after the occur ence Theany of the events specified inthis Contract, (a)bythroughless than thislause (30) of Consultants may terminate paragraphs not (d) of thirt~'

2.9.2:

(a)

to-thiS Client fails to not subjectmonie~ due to the Consultants 7 ithin if th~ Contract and pay an~ to dIspute pursuam to Clause Pllfsuam Consultants (45) such payment that days after forty-five is overdue; receiving or writteil notite
fron1 I

the

(b)

if the Client Contract

is in material

breach

of its obligations

pursuant

to this
clays

and has not remedied

the same within

forty-five

(45)

(or such longer period as the Consultants may have subseq~lemly approved in writing) following the receipt by the CI ient ("f the Consultants I notice specifying such breach;
(c)

if, as a result of Force
perform a material than sixty (60) days.
or

Majeure, the Consultants are unable to portion of the Services for a period of Ill)t less

(d)

if the Client fails to comply with any final decision result of arbitration pursuant to Clause GC 7 hereof.

reache~j\

as a

2.9.3 Cessation of Services
Upon receipt of notice of termination under Clause 2.9.1, or the giving 01 notice of termination under Clause 2.9.2, the Consultants shall take all necessary steps to bring the Services to a close in a prompt and orderly manner and shall make every reasonable effort to keep expenditures for this purpose to a minimum. With respect to documents prepared by the Consultants, and equipment and materials furnished by the Client. the Consultants shall proceed as provided, respectively, by Clauses 3.8 or ].9.

2.9.4

Payment upon Termination
Upon termination of this Contract pursuant to Clauses 2.9.1 or 2.9.2. Client shall make the following payments to the Consultants: (a) the

remuneration and reimbursable direct costs expenditure pursuant to Clause 6 for Services satisfactorily performed prior to the clkctive date of termination. Effective date of termination for purposes of this Clause means the date when the prescribed notice period \vould expire; except in the case of termination pursuant to paragraphs (a) through (d) of Clause 2.9.1, reimbursement of any reasonable cost incidelltto the prompt and orderly termination of the Contract, including the cost of the return travel of the Personnel, according to Consultallts Travelling Allowance Rules. to compute the remuneration for the part of the Services the

(I»

I n order

_ sa~isfactorily performed prior to the effective respective remunerations shall be proportioned.

elate of terminatioll.

2.9.5

Disputes about Events of Termination
If either Party disputes whether an event specified in paragraphs (a) through (e) of Clause 2.9.1 or in Clause 2.9.2 hereof has occurred, such Party may, within forty-five (45) days after receipt of notice of termination from the other Party, refer the matter to arbitration pursuant to Clause C:;C7 hereof. and this Contract shall not be terminated on account of such event except 111 accordance with the terms of any resulting arbitral award.

3. OBLIGATIONS 3. I General

OF THE CONSULTANTS

The Consultants shall perform the Services and carry out their obligations with all due diligence, efficiency, ane! economy, in accordance with generally accepted professional techniques and practices, and shall observe

-7:'''''.~":~j:
Tc'!1.

"IJ . ,,·1 1J

[,
f'

\,

I, I I
I;

sound managcmcnt practices, and cmploy appropriate

advanced tccI1noll1gy

I'
I; II Ii

and safe methods. The Consultants shall always act, in respect of any mailer relating to this Contract or to the Services, as faithful advisers to the Cli~nl. and shall at all times support and safeguard the Client's legitimate interests in any dealings with Subconsultants or third parties.
3.2

I'

il
Ii

Consultants

Not to Benefit from Commissions,

Discounts, etc.

j

The remuneration of the Consultants pursuant to. Clause 6 shall constitute the Consultants' sole remuneration in connection with this Contract or the Services, and the Consultants shall not accept for their own benefit any trade cOlTlmission. discount, or similar payment in connection with activities pursuant to this Cantract or to the Services or in the discharge of their obligations under the Cantract, and the Consultants shall use their best efforts to ensure that the Personnel, any Subconsultants. and agents of either of them similarly shedl nat receive any such additional remuneration.
3.3

Con fidentiality
The Consultants, their Subconsultants, and the Personnel of either of tl~el1l shall nOI, either during the term or within two (2) years after the expira ion of this Contract, disclose any proprietary or confidcntial infonnation rcla in).'. to the Project, the Services, this Contract, or the Client's busillCSS nr operations without the prior written consent of the Client.

3.4

Liability of the COllsultants

his part ar on the part af his employees in so. far as the design af the Prt .icel is concerned to are liable for the cansequence mentianed hereinbel The Consultants the extent and with the limitations ofaserrars and omlsslon~onw.

If thcClient suffers any losses or damages as a result of proven faults. err(lrs or omissions in the design of a project, the Consultants shall make good 1uch losses or damages, subject to the conditions that the maximum liability as aforesaid shall not exceed twice the total remuneration of the Consultants for design phase in accordance with the terms of the Contract.
I

The I iabil ity of the Consultants expires after one

(I)

year from the stipulhted

date of completion of construction or after three (3) years from the dat~ of

The Consultants may to protect themselves, insure themselves against heir liabilities, but this is not obligatory. The extent of the insurance shall b' up final completion of the design whichever is later. to the limit specified in second para above. The Consultants shall proclIru the necessary cover before commencing the Services and the cost of pmClJring

t

such cover shall be borne by the Consultants lip to. a limit of ane percel~t of the total remuneration of the Consultal\ts for the de~igl1 phase for every Iyear of keeping such cover effective. '

"

li~c,~",-

.

,
"

The Consultants shall, at the request of the Client, indemnify the Cliet1l against any or all risks arising out of the furnishing of pro(essional services by the Consultants to the Client, not covered by the provisions contained in the first para above and exceeding the limits set forth in second para above provided the actual cost of procuring such indemnity as well as costs exceeding the limits set forth in fourth para above shall be borne by the Client.

3.5

Other Insurance to be Taken out by the Consultants
The Consultants (a) shall take out and maintain, and shall cause any Subconsultants to take out and maintain, at their (or the Subconsultants'. as ' the case may be) own cost but on terms and conditions approved by the Client, insurance against the risks. and for the coverage, as,are specified in the SC; and (b) at the Client's request. shall provide evidence to the Client showing that such insurance has been taken out and maintained and that the current premiullls have been paid.

3.6

Consultants'

Actions Requiring Client's Pl'iOt, Appl'Oval
prior approval in wr1l1l1g hefore

The Consultants shall obtain the Client's taking any of the following actions: (a)

appointing such Personnel as are listed in Appendix-C but not by name;

merely by title

(b)

entering into a subcontract for the performance of any part of the Services, it being understood (i) that the selection of Subconsultants and the terms and conditions of the subcontract shall have been approved in writing by the CI ient prior to the execution of the subcontract, and (ii) that the Consultants shall remain fully I iable for the performance of the Services by the Subconsultants and its Personnel pursuant to this Contract:

(c)
3.7

any other action that may be specified in Ihe

St'.

Reporting Obligations
The Consultants shall submit to the CI ient the reports and documents

specified in Appendix B in the form, in the numbers, and within the periods set forth in the said Appendix.
3.8

Documcnts Prepared
All plans, drawings,

by the Consultants
specifications,

to be thc Propcliy
and other

of thc Clicnt
documents and

reports,

software prepared by the Consultants in accordance with Clause 3.7 shall

become and remain the property of the Client, and the Consultants shall. not later than upon termination or expiration of this Contract, deliver (if not already delivered) all such documents and software to the Client, together with a detailed inventory thereof. The Consultants may retain a copy \)f such documents and software. Restrictron(s) about the future use of these documents is specified in the

Sc.

3.9

Equipmcnt

and Materials furnished

hy the Client

Equipment and materials made available to the Consultants by the Cliel1l, or purchased by the Consultants with funds provided by the Client, shall be the property of the Client and shall be marked accordingly. Upon termination or expiration of this Contract, the Consultants shall make available to the Client an inventory of such equipment and materials and shall dispose or such equipment and materials in accordance with the Client's instructions or afford salvage value of the same. While in possession of such equipment and materials, the Consultants, unless otherwise instructed by the CI ient in writing, shall insure them at the expense of the Client in an amount equal to their full replacement value. J.IO Accoullting, Inspcction
al\(l Auditing

; Ii
t:

I:
!,

I:
1,1

I, ii,

The Consultants (i) shall keep accurate and systematic accounts and records in respect of the Services hereunder, In accordance with internationally accepted accounting principles and in sllch form al,1ddetail as will clearly identify all relevant time charges, and cost, and the basis thereof, and (ii) shall permit the Client or its designated representatives periodically, and up to one year from the expiration or termination or this Contract, to inspect the same and make copies thereof as well as to have them audited by auditors appointed by the Client.

4.CONSULTANTS'PERSONNEL
q

!I

4.1

Description

of Personnel

Ii "

[i II ,I

The titles, agreed jub descriptions, mlI1lmUm qualifications, and estimated periods of engagement in the carrying out of the Services of the Consultants Key Personnel are described in Appendix C. The Key Personnel and Subconsultants listed by title as well as by name in Appendix C are deemed to be approved by the Cl ient.
1

4.2

RClJloval and/or
(a)

Replacement

of Pcrsonnel
"·1

Except as the Client may otherwise agree, no changes shall be made

if, foI' allY reason beyond the rcasonnhle in the Key Personnel. control or the Consultants, it becomes necessary to replace any or the
h

t

Key Personnel. the Consultants shall provide person of equivalent or better qual ificat ions. (b)

as a replacement

a

If the Client finds that any of the Personnel have: (i) committed serious misconduct or have been charged with having committed a criminal action; or (ii) have reasonable cause to be dissatisfied with the performance of any of the Personnel. then the Consultants shall. at the Client's written request specifying the grounds therefor. provide as a replacement·a person with qualifications ane! experience acceptable to the CI iell!. Except as the Client may otherwise agree. the Consultants shall: (i) bear all the additional travel and other costs arising out uf or . incidental to any removal and/or replacement: and (ii) bear any additional remuneration. to be paid for any of the Pcrsol)nel provided as a replacement to that or the Personnel being replaced.

(c)

Ii· f

5. OBLIGATIONS 5.1
•. 1-'

OF THE CLIENT

Assistance, Coordination Assistance

and Approvals

5.1.1

The Client shall use its best efforts to ensure that the Client shall: (a) provide at no cost to the Consultants. Subconsultants and Personnel such documents prepared by the Client or other consulting engineers appointed by the Client as shall be necessary to. enable the Consultants, Subconsultants or Personnel to perform the Services. The documents and the time within which such documents shall be made available. areas specified in the (b)

Sc.

assist to obtain the existing data pertaining or relevant to the carrying out of the Services, with various Goverl1li1ent and other organisations. Such items unless paid for by the Consultants without reimbursement by the Client, shall be returned by the Consultants upon completion of the Services under this Contact;

(c)

issue to officials, agents and representatives of the concerned organisations, all such instructions as may be necessary or appropriate for prompt and effect ive imp lel1leI1tation of the Serv ices: assist to obtain permits which Illay be required for right-of-way. entry upon the lands and propenies for the purposes or this ('ontract. provide to the Consultants, Subconsultants. and Personnel any such other assistance and exemptions as may be specified in the SC.
\

(d)

(e)

5. j.2
I:
11

(:o-ordination
The CI ient shall (a) coordinate and get or expedite any necessary approval and clearances relating to the work from any Government or Semi-Government Agency, Department or Authority, named ill the SC. (b) and other concerned organisation

I:

Ii
It
It

It

coordinate with any other consultants employee! by him.

5.1.3

Approvals
The Client shall accord approval of the documents within whenever these are applied for by the Consultants. weeks.

5.2

Access to Land
The CI ient warrants that the Consultants sha11 have, free 0 f charge. unimpeded access to all land of which access is required for the performance of the Services.

5.3

Change in the Applicahle Law
If, after the date of this Contract, there is any change in the Applicable Law which increases or decreases the cost of the Services rendered by the Consultants, then the remunerations and direct costs otherwise payable to the Consultants under this Contract shall be increased or decreased accordingly. and corresponding adjustment shall be made to the amounts referred to in Clause 6.2 (a) or (b), as the case may be.

5.4

Services and Facilities
The Client shall make available to the Consultants and the Personne!, for the purpose of the Services and free of any charge, the services, facilities and property described in Appendix F at the times and in the manner specified in said Appendix F, provided that if such services, facilities and property shall not be made available to the Consultants as and when so specified, the Parties shall agree on; (i) any time extension that it may be appropriate to grant to the Consultants for the performance of the Services: (ii) the manner in which the Consultants shall procure any such services, facilities and property from other sources; and (iii) the additional payments, if any, to be made to the Consultants as a result thereof pursuant to Clause 6 hereinafter.

5.5

Payment
In consideration of the Services performed by the Consultants under this Contract, the Client shall make to the Consultants such payments and ill sllch manner as is provided by Clause 6 or this Contract.

6. PAYMENTS TO THE CONSULTANTS 6.1 Lump Sum Remuneration
The Consultants
I

total remuneration shall not exceed the Contract Price and

1

..i

,

shall be a fixed lump sum including all stan costs; incurred hy Ihe Consultants in carrying out the Services described in Appendix A. Other reimbursable direct costs expenditure, if any, arc specified in the fie. !':xcqH as provided in Clause 5.3, the Contract Price may only hc increased above the amounts stated in Clause 6.2 if the Parties have agreed to additional payments in accordance with Clauses 2.5.2.6.5.4 or 6.6.
6.2

Contract
(a)

Price

1:;;

Foreign currency paymcnt shall he made in the currency ur currencies specified as fcireign currency or currencies in the S('. and local currency payment shall be made in Pakistani Rupees. The SC shall specify the break up of remuneration respectively, in foreign and in local currencies. to be paid.

(b)

6-.~1---'renns

and ConditionS-of Payment
the Consultants and according to the Payments shall be made after the payments have been met, and the to the Client specifying the amount

Payment will be made to the account of payment schedule stated in the Sc. conditions listed in the SC for such Consultants have submitted an invoice due.

6.4

Period of Payment
(a) Advance payment to the Consultants shall be affected within the period specified in the SC, after the signing of the Contract Agreement between the Parties. I\nyother amount due to the Consultants shall be paid by the Client to the Consultants within twenty-eight (28) days after the Consultants' invoice has been del ivered to the CI ient.

(b)

6.5

Delayed

Payment.s

If the Client has delayed payments beyond the period stated in paragraph (b) of Clause 6.4, financing charges shall be paid to the Consultants for each day of delay at the rate specified in the SC.

6.6

Additional Services
Additional (a) Services means: outside the Scope
01

Services as approved by the Client described in Appendix A;

Services

(h)

Services to be performed during the period extended pursUant to Clause 2.6, beyond the original schedule time for completion of the Services; and any re-doing instructions. in the 0rlnlon of any part of the Services as a result of Client's

(c)

If,

of the Cliel1l,

it is necessary

to rerform

Additional

Services during the currency of the Contract for the purpose of the Project, such Additional Services shall be performed with the prior concurrence of both the Parties. The Consultants shall inform the Client of the additional time (if any), and the additional remuneration and reimbursable direct costs expenditure for such Additional Services. If there is no disagreement by the Client within two weeks of this intimation, such additional time. remuneration and reimbursable direct costs expenditure shall be deemed to become part of the Contract. Such remuneration and reimbursable direct costs expenditure shall be determined on the basis of rates provided in Arpendice~~ D and E, in case the Additional Services are performed during the scheduled period of the Services, otherwise remuneration for Additional Services shall be determined on the basis of Consultants' billing rates prevailing at the time of performing the Additional Services.

6.7

COllsultants'

Entitlement

to Suspend Services
of any of the Consultants' invoice

If the Cl ient fails to make the payment

(excluding the advance payment), within twenty-eight (28) days after the expiry of thc time stated in paragraph (b) of Clause 6.4, within which rayment is to be made, the Consultants may aftcr giving not less than fourteen (14) days' prior notice to the Client, suspend the Services or reduce the rate of carrying out the Services, unless and until the Consultants have received thc paymellt. This actioll will not prejudice the Consultants entitlement to financing

charges under Clause 6.5.

7. SETTLEMENT 7.1 Amicahle Settlement

OF DISPUTES

Tile Parties shall use their best efforts to settle amicably all disputes uut of or in connection with this Contract or its interpretatioll.

arlsln~

7.2

Dispute Settlement
Any dispute between cannot the Parties as to mailers within ansll1g thirty pursuant (30) to this after the

Contract Illay

which

be settled Party Act,

amicably for

days with

receipt by one Party of the other Party's be subillitted by either provisions

request for such amicable settlement in accordance

selllemel1t

or the Arbitration

1940 (Act No. X of 1940) ami of the Rules

made thereu nder and any statu tory mod ificat ions thereto. Services arbitration withheld under the Contract proceedings
011

shall,

if reasonably

possible.

continue the Client

cluring shall

the be
!,I

and no payment

clue to or by

i'l

account of such proccedings.

.,
j.

APPENDICES

Annexure XII

Special Conditions of Contract

D.

An nexu re-XII
HIGHER EDUCATION COMMISSION SPECIAL CONDITIONS OF CONTRACT INCLUDING FINANCIAL PROPOSAL
No. of Amendments of and supplements to, Clauses in the General Conditions Clause of Contract.

1.1. Definitions
The following definitions are added: (a) In sub-clause (I) after the word supplemented add "and in case of ambiguities or discrepancies, provisions of S.C. shall have priority over the provisions of G.C." (b.) In sub-clause (p), the definition of "Project" may be substituted as, "Project" means, preparation of planning, designs and tender documents including infrastructural services for 4 or more No High tech. Engineering Universities at Lahore, Karachi & Islamabad. The following definition maybe added at the end. "Client" means Higher Education Commission Islamabad represented by its Management Committee.

(c)

1.6 Authorized Representatives
A

(1)

The Authorized Representatives of the client are the following: (i) President, Members of Committee or such other persons, specifically nominated by HEC and intimated to the Consultants.

(2)

The Client's representatives may appoint their assistant to assist them in carrying out their duties. The names, duties and scope of authority of such persons shall be notified to the Consultant.

B

The Authorized Representatives of the Consultants are the following:

1.7

Taxes and Duties
Advance Income Tax will be deducted at source from the bills on gross amount of the Consultant bills as per rate fixed by the tax authorities and as amended from time to time.

1.8

Leader of Joint Venture
Not applicable, delete this clause.

2.1

Effectiveness of Contract.
The date on which this contract shall come into effect is the date as mentioned in the letter of award of the work by the Client.

2.2 Termination of Contract for Failure to Become Effective
For the purpose of this clause, the time period shall be· 7 days·. The notice period will be 15 days.

2.3 Commencement

of Services

Clause 2.3 G.C shall be substituted as under: "The· Consultant shall begin carrying out services w.e.f. the date of receipt of letter of award of this work issued by the Client"

2.4 Expiration of Contract
"Clause 2.4 shall be amended as under: 'The contract shall expire on completion of supervision of services subject to the following: a. The time for the provision of planning, designs of works included in Phase I shall be 4 months. The Consultants shall indicate the absolute minimum time required for the detailed Geotechnical investigations and designs of Phase-II works along with the time require completing such works.

b.

c.

The time being deemed to be the essence of the Contract must be strictly followed. In case of delay in completion of design, Q.8. and tender document services in the period specified/extended the Client shall impose liquidated damages at the rate of 0.1 % of the agreement amount per day of delayed period subject to a maximum of 10% of the agreement amount. The services of the Consultants shall be deemed to have been completed on the completion of construction Works and cessation of defect liability period.' of time for completion as follows:-

d.

2.5

Extension

Clause 2.6 G.C shall be substituted

If the scope of services is increased by the Client other than those required or provided in the TOR, scope of services, or those required to achieve performance objectives concluded/described' in the contract, the consultant shall:a. b. Perform such services; Negotiate with the Client the fees and time effects of such increase. The fees shall be payable on the same parameters on which the design/supervision is being done. The Client shall extend the time for completion of services accordingly.

c. 2.7

Payment Clause 2.7.4 G.C shall be substituted. as under:

Any cost incurred by the Consultant during the period of their inability to perform the services as a result of Force Majeure and in. re-activating the services shall be deemed to be included in the lump sum prices given by the Consultant and made part of the Agreement and nothing extra shall be payable for any additional cost incurred by the Consultant during such period and reactivating the same after such period of Force Majeure.

2.8

Suspension

by the Client

In the sixth line of clause 2.8 G.C, word & figure "thirty (30)" shall be substituted by the word & figure "fifteen (15)".

2.9

Termination - By the Client
I. Replace the word & figure of thirty (30) days and sixty (60) days with fifteen (15) days and "thirty (30) days" respectively Clause 2.9.1 G.C In the 2nd line of sub clause (c) of 2.9.1 G.C, replace "arbitration proceedings" with "decision of dispute adjudication Board".

II.

2.9.2 Bye the Consultants
In 2nd line of clause (d) of 2.9.2 G.C replace "arbitration with "decision of Dispute Adjudication Board".

2.9.3 Cessation of Services
Delete the last sentence of Clause 2.9.3 G.C starting from "With _ by clause 3.8 or 3.9" and add 'The Consultant shall within 7 days of such notice handover to the Client all designs, drawings, record. and material etc. including that furnished by the :Client or . purchased' on behalf of the Client and prefer his claim based 'on quantum merit basis failing which nothing shall be payable to the consultants for the work claimed to have been performed prior to the cessation of the Services.

2.9.4 Payment upon Termination
sub-clause (b) of 2.9.4 shall be deleted.

2.9.5 Dispute about Events of Termination
In clause 2.9.5 G.C 1. "Arbitration" in the fourth line shall be substituted with" Dispute adjudication Board" and "Arbitration award" in the sixth line shall be substituted with "decision of the dispute adjudication board".

II.

3.5 Insurance to be taken out by the Consultants
The risks and the coverage shall be as follows:
\

a.

Third Party Motor Vehicle liability, insurance in respect of motor vehicles operated in Pakistan by the Consultants or their Personnel or any Sub-Consultants or their personnel, with a minimum coverage as required by law.

b.

Insurance against loss of or damage to equipment purchased in whole or to the extent or with funds provided under the Contract. "For entire cost of new equipment".

3.6 Consultants Action Requiring Client's prior approval
Add following to sub-c1ause(b) of 3.6 G.C. "Provided that the particulars of such Sub-Consultants have been duly provided to the Client along with the technical proposal".

The Consultant shall also clear with the Client, before making commitment with Contractors of any action they' proposed to take under the following: Issuing variations Orders in respect: • • Additional or changes in items of Works as determined . Change of specification of work etc as determined' subsequently while approving the Construction Contract Format.

Add the following to the heading:

3.7

By the Consultants to be necessary for the execution of works
Add the following to the text For any new item of the Works not envisaged in the Contract Documents and which is determined by the' Client to be necessary for the execution of works, the deliverables shall be agreed to between the parties.

3.8

Documents prepared by the Consultants to be the Property of the Client
Restriction about future use; The Consultants shall not use these documents for purposes unrelated to this Contract without prior written approval of the Client.

4.2

Consultants Personnel
Add following to sub-clause (b) of 4.2 G.C "The approval accorded by the Client shall not relieve the Consultants of their responsibilities under applicable laws".

5.1.1 Assistance
The details of the assistance to be provided by the client are a. The Client shall make available on demand within one week from commencement date. The documents relating to the project and available with the Client. Other assistance and exemptions to be provided by the Client is access to site of work.

b.

5.1.2. Coordination
The following provision shall be added to sub clause (g) "'Provided that the delays' resulting from such coordination" shall not entitle the Consultants to additional claim on any account.

5.1.3. Approvals
Fill in the blank space in first line of 5.1.3 G.C with "two" and add "'provided the documents are complete and correct and such approvals shall not relieve the consultants from any of his responsibilities under contract".

5.2

Access to land
Add to the clause 5.2 G.C "provided that such access may be provided in parts and in the event of any resistance by the occupants of land or for any other reason, the issue shall be treated as Force Majeure under clause 2.7"

5.3

Change in the Applicable law
Add to 5.3 G.C "provided that no such adjustment in cost shall be made if the consultancy period specified in the Contract does not. exceed one year or due to any adjustment of cost of POL electric tariffs and transport tariffs within one year.

5.4

Services and Facilities Clause 5.4 G.C shall be deleted.

6.2

Contract

Price as under: break

Clause 6.2 shall be substituted

The contract price is as specified in the TOR and quoted by the consultant, up of this price is as follows:

6.3

Terms and Conditions

of Payment

Delete clause 6.3 G.C and substitute as under: 6.4 Period of Payment
I. II.

Sub-clause

(a) of6.4 G.C shall be deleted.

Add to sub-clause (b) of 6.4 G.C "provided the work invoiced for by the Consultants, has been completed by the Client".'

and approved

. 6.5

Delayed Payment Clause 6.5 G.C shall be deleted.

6.6

Additional Services
a. In sub-clause 6.6 (b) G.C, the portion after the words & figure "clause 2.6" shall be substituted by the words "as provided therein". Sub-clause 6.6 (c) G.C shall be deleted.

b. 7.2

Dispute Settlement" Clause 7.2 G.C shall be substituted "Any dispute which cannot other party's adjudication proceed with as under:

between the parties as to matters arising pursuant to this contract be settled amicably within (30) days after receipt by on party of the request for such amicable settlement shall be referred to dispute board stated below. However the Consultants shall continue to the services with all due diligence.

7.3

Dispute Adjudication

Board

The dispute adjudication board shall be constituted having one nominated representative of the Consultant and one of the Clients. These representatives will choose their Chairman who shall be independent. In the event of disagreement the Chairman shall be appointed by the High Court. The dispute adjudication board shall determine its fees and the cost shall be borne by both the parties. The majority decision of the dispute adjudication board shall be final and binding on the parties and shall not be challengeable in any Court of Law.

'~......,.r-~~

... ,

Appendix

A

Description of the Services

Give detailed descriptions of the Services to be provided, dates for completion various tasks, place of performance for different tasks, specific tasks to be approved CI icl1t, etc .

of by

.il
'I

_''';'1'

Appendix

B

Reporting Requirements

Pursuant to Clause GC-3. 7, the Consultants shall I ist format, frequency, and contents of reports; persons to receive them; dates of submission and the number of copies of each submittal; etc. If no reports are to be submitted, state here "Not applicable".

Appendix

C

Key Personnel and SlIbconsultants

List under:

C-l

Title land names, if already available L activities of job descriptions of key Personnel to be assigned to work and statlmonths for each. List of approved Subconsultants (if already available): information with respect to their Personnel as in C-l. same

C-2

Appendix

D

Breakdown

of Contract

Price in Foreign CHn-ency

List here the elements of cost used to arrive at the breakdown of the Contract Price foreign currency portion: I. 2.
3.

Remuneration for various items on the basis of rates as mutually agreed. Other reimbursable direct costs expenditure. Total, remuneration and reimbursable direct costs expenditure
(I

+

2)

Note:

'fliis appelldLr HiiL! exclusively be llsed for ,)'ervice,\' ill occordol/ce wilh CLause GC 6.6.

dl'ferlllil/il/g

U'IIII/I/eralioli

.for

Addiliollo

Appendix

E

Breakdown of Contract Price in Local CmTency

I ,ist her<.:the elements of cost used to arrive at the breakdown of the Contract Pricelocal currency ponion: I. 2. R<.:muncratioll for various items on the basis of rates as mutually agreed. Other reimbursable direct costs expenditure related to: (a)
(11)

Support staff, and work charged stall: Office expenditures related to: (i) (ii) (iii) rentals; furnishing and equipment: operation and maintenance furniture, office supplies.

of

office.

office

equipmenl

and

(e)

Transport including rUlinillg and 11l:1inlellalllT. and other assllciilll'd l'(lSls: Travelling etc .. Other costs
(1

(d)

(e) 3.

Total, remuneration and reimbursable direct costs expenditure

+

2).

INote:

J ..

Each item of reim/JursabLe direct costs expenditure shaLL be spec(fied I\'hether it is payabLe on the basis of (a) Lump sum monthly rate; or (b) reimbursement of actuaL e.rpenditures. This appendix will exclusiveLy be used for determining remu//eratio// for

2.

AdditionaL Services in accordance

with CLause

GC6.6)

Appendix

F

Services and Facilities to be Provided hy the Client

The Client shall make available the following I. Services and Facilities of the Client

Services and racilities:

The CI icnt shall make available to the Consultants and the Personnel, 1m purposes of the Services and free of any charge, the services, facilities [lillperl:y, at the times and in the manner specified hereunder:
(a)

(b)

(c)

Rent will be charged by Ihc Clicnl only I'm the fcllllily s1 accommodation provided to the Personnel, ill the ('Iient's colonies the following rates: Type of Accommodation Monthly Rent (Rs)

(d)

No rellt will he charged for single status residences provided ('I ient to the Personnel.

by

2.
.. ;;

Lodge Accommodation I f requested by the Consultants, the CI ient shall provide lodge accol1lll1odati if available, to all Personnel of the Consultants when on visit to various part: the Project area or any other station where such facilities or the 10 accommodation of the Client exists (and provided that the Personnel of Consultants visit that place in connection with the Project) under the same te' and conditions as the Client's still'!" is cntitled.

I
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)1

"

Hi

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H

ji' II, Ii.
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11

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