Start Dated:2016-4-19         End Dated:2016-5-10

ENGINEERING CONSULTANTS REQUIRED

 

TENDER NOTICE

                                              

           GOVERNMENT OF PAKISTAN

MINISTRY OF TEXTILE INDUSTRY

1ST Floor, Evacuee Trust Complex, F-5/1, Islamabad

********

 

ENGINEERING CONSULTANTS REQUIRED

 

                        Ministry of Textile Industry intends to hire the services of PEC Registered Engineering Consultants / Consultant Firm having valid Sales Tax Registration & NTN for preparing architecture plan, detailed tender documents and provision of consultancy services for construction of building of Cotton Ginning Research & Training Institute Multan comprising covered area of 32,000 Sq.ft. and paved plinth of 100,000 Sq.ft. on a piece of 4 acres of land near Central Cotton Research Institute, Pakistan Central Cotton Committee, Old Shujabad Road, Multan. 

 

 

2.                     Interested parties/firms having at least 10 years experience of relevant work may submit their applications/sealed bids containing technical and financial proposals with the following documents:-

 

 

i.              Applications on printed letter head pad showing name, address, telephone, fax number and email of the consultant firm.

ii.            Valid Registration Certificates issued by the PEC, NTN and Sales Tax Registration number.

iii.           Renewal of Registration Certificate by PEC for current year.

iv.           Details of regular technical staff i.e. names & designations with date of working with the firm.

v.            Details of works done with their cost and copies of relevant documents.

vi.           Bank Draft / Pay Order amounting to Rs.1,000,000/- (Rupees one million) in the name of Ministry of Textile Industry as earnest money which will be retained in respect of successful bidder and refunded to others.

 

 

3.                     Evaluation of applications / bids shall be carried out as per evaluation criteria detailed in PEC Documents “Standard Procedure for Pre-Qualification of Consultants”. The successful/lowest bidder will have to sign the consultancy agreement with this Ministry which can be downloaded / seen at the website of this Ministry www.textile.gov.pk.

 

4.                     Applications complete in all respect should reach the undersigned latest by 10-05-2016 upto 11:00 AM which will be opened on the same date at 11:30 AM in the presence of bidders in the Committee Room of this Ministry.

 

5.                     The competent authority reserves the right to reject any one or all the bids.

 

 

(Ch. Ramzan Ali)

Deputy Secretary (Cotton)

Tel: 051-9217245

 

 

 

Agreement

 

 

for

 

 

Engineering Consultancy Services

 

 

 

between

GOVERNMENT OF PAKISTAN

(MINISTRY OF TEXTILE INDSTRY)

 

&

 

 

 

 

 


 

 

 

AGREEMENT FOR ENGINEERING CONSULTANCY SERVICES

 

   

 

THIS AGREEMENT for Consultancy Services for Master PLANNING, DESIGNING AND DETAILED SUPERVISION FOR CONSTRUCTION OF THE BUILDINGS OF COTTON GINNING RESEARCH & TRAINING INSTITUTE, MULTAN made at              this ____ day of _____________2016, by and between:

 

(1 )  Government of Pakistan (Ministry of Textiles Industry)  

 
       
 
           

 having its principal office at__________________________________ (hereinafter called the "Client" which expression shall include the successors, legal representatives and permitted assignees) through its duly authorized attorney Mr_________________, of the one part;

 

                                                                        AND

 

 (2) M/S.                                                                                   having its principal office at ________________________________ Karachi (hereinafter called the "Consultant” which expression shall include the successors, legal representatives and permitted assignees) through the duly authorized attorney Mr,____________________, of the second part;   the Client and the Consultant are hereinafter collectively referred to as the “Parties”)

Respective

 

WHEREAS

 

(1)    The Client has requested the Consultant to provide the Services (as defined in Clause 1 herein below); and (2) The Consultant, having represented to the Client that it has the professional skills, personnel and technical resources to provide the Services, has agreed to provide the Services on certain terms and conditions which the Parties are desirous of reducing into writing;

 

NOW THEREFORE THIS AGREEMENT WITNESSETH AS FOLLOWS:

 

1. DEFINITIONS AND INTERPRETATION

 

(1) Unless the context otherwise requires, the following terms whenever used in this

Agreement have the following meanings:

 

(a)    “Additional Services” means: (i) Services approved in writing by the Client which are outside the scope of the Services; or (ii) any re-doing of any part of the Services as a result of Client's instructions provided that redoing is not due to any error, omission or negligence of

the Consultant, the Sub-consultant, or the Personnel; or (iii) services to be performed during the period extended pursuant, to clause 6(2), beyond the original schedule time for completion of services.

 

(b)    "Agreement" means this agreement, together with all the documents listed in its Clause2;

 

(c)    "Agreement Price" means the price to be paid by the Client to the Consultant for the performance of the Services, under Clause 5(2);

 

(d)    "Applicable Law" means the laws and any other instruments having the force of law in the Islamic Republic of Pakistan, as may be issued and enforced from time to time;

 

(e)    “Contractor" means the construction firm/company engaged by the Client for the construction of the Works.

 

(f)    "Effective Date" means the date on which this Agreement comes into force and effect pursuant to Clause 4(1);

 

(g)    “Equipment” means any equipment, facilities and/or software necessary for the

provision of the Services together with any files, documents or records relating to the

Services or the management, direction or organization thereof;

 

(h)    "Government" means the Government of the Islamic Republic of Pakistan and/or Provincial Government(s);

 

(i)    "Personnel" means persons hired by the Consultant or by any Sub-consultant as

employees, representatives, agents, and assigned to the performance of the Services or any part thereof;

 

(j)    "Project" means the Construction of The Buildings Of Central Cotton Research Institute at Sakrand, Sindh

 
     
     

for which the Services shall be provided by the Consultant under this Agreement;

 

(k)    “Project Manager" means the person deputed by the Consultant, who shall be

responsible for all coordination and communication related to the Project.

 

(l)    "Services" means the work to be performed by the Consultant pursuant to this

Agreement, as described in the Appendices A, B, C and F;

 

(m)    "Sub-consultant" means any person to which the Consultant sub-contracts, any part of the Services in accordance with Clause 8(7)(b);

 

(o)    "Technical Proposal" means the document submitted by the Consultant elaborating total scope of work and the methodology of performance;

 

(p)    "Third Party" means any person or entity other than the Client, the Consultant, Sub- consultant, or Personnel.

 

(q)    “Works" shall mean all works included in Contractor(s) payable items and required or necessary for the construction and completion of the Project.

 

(2)    The headings in this Agreement are inserted only for convenience and shall not affect its construction.

 

(3)    Reference to any statute or statutory provision in this Agreement includes a reference to the statute or statutory provision as from time to time amended, modified or re- enacted.

 

2.    GENERAL

 

The recitals and  the following documents attached hereto shall be deemed to form an

integral part of this Agreement:

 

Appendix A - Scope of Work

Appendix B - Reporting Requirements

Appendix C - Key Personnel and Sub-Consultant

Appendix D - Breakdown of Agreement Price in Local Currency

Appendix E - Services and Facilities to be provided by the Client

Appendix F - Programme/Work Schedule

 

3.    CORPORATE AUTHORITY. APPROVAL. JOINT AND SEVERAL RESPONSIBILITY   

Each party to this Agreement represents and warrants to the other that it is fully

empowered to enter into this Agreement and perform its obligations in terms hereof. Each

party shall provide to the other party evidence of authority of its signatories to execute this

Agreement on its behalf and bind it to the terms hereof.

 

4.    EFFECTIVE DATE

 

(1)    The Effective Date shall be the date on which the Client gives written notice to the Consultant instructing it to begin carrying out the Services.

 

(2)    If this Agreement does not become effective within ninety (90) days after the date of signing of this Agreement, any of the Parties may, after expiry of the afore-said period, by written notice of not less than four (4) weeks to the other party, declare this Agreement to be null and void, and in the event of such a declaration by any of the Parties, 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 written request of the other party.

 

5.    SERVICES AND AGREEMENT PRICE

 

(1)    The Consultant hereby agrees and undertakes to carry out the Services in accordance with the terms of this Agreement.

 

(2)    The Client hereby agrees and undertakes to pay the Agreement Price (more fully described in the Appendix D) to the Consultant as remuneration for the performance of the Services, in accordance with the terms of this Agreement.

 

6.    TIME PERIOD FOR COMPLETION OF SERVICES

 

(1) The Consultant shall carry out the Services according to the following schedule:

 

 

 

 

 

 

 

Stages

Description of Services

Time Period

I

Preparation and submission of Architectural, Schematic drawings and Master Layout Plan( Conceptual Planning )

Two (2) weeks from the Effective Date

II

Detailed Design

Eight (8) weeks from the date of written approval of Conceptual Planning by the Client

 

Draft Tender Documents

Ten (10) weeks from the date of written approval of Conceptual Planning by the Client

 

Final Tender Documents

Ten (10) weeks from the date of written approval of Conceptual Planning by the Client

 

Tender Evaluation Report

Two (2) weeks from the opening date of the Tender

 

 

 

 

 

III

Construction Supervision

Eighteen (18) months after award of the Construction Agreement

 

(2) If pursuant to any written instructions of the Client (not arising out of any negligence or

omission of the Consultant, the Sub-consultant, or the Personnel, in the performance of the

Services), the scope of the Services is increased:

(a)    the Consultant shall immediately inform the Client of the circumstances and probable effects;

 

(b)    the increase shall be regarded as Additional Services; and

 

(c)    the Client shall on reasonable basis extend the time period mentioned at (1) above for the completion of the Additional Services.

 

7. WARRANTIES AND REPRESENTATIONS BY THE CONSULTANT

 

(1)    The Consultant hereby declares that it has not obtained or induced the procurement of any agreement, right, interest, privilege or other obligation or benefit from Government of Pakistan or any administrative subdivision or agency thereof or any other entity owned or controlled by the Government of Pakistan through any corrupt business practice.

 

(2)    Without limiting the generality of the foregoing, the Consultant hereby represents and warrants that it has fully declared the brokerage, commission, fees etc. paid or payable to anyone and not given or agreed to give and shall not give or agree to give to anyone within or outside Pakistan either directly or indirectly through any natural or juridical person, including its affiliate, agent, associate, broker, consultant, director, promoter, shareholder, sponsor or subsidiary, any commission, gratification, bribe, finder's fee or kickback, whether described as consultation fee or otherwise, with the object of obtaining or including the procurement of an agreement, right, interest, privilege or other obligation or benefit in whatsoever form from the Government of Pakistan, except that which has been expressly declared hereunder.

 

(3)    The Consultant hereby certify that it has made and will make full disclosure of all agreements and arrangements with all persons in respect of or related to the transaction with the Government of Pakistan and has not taken any action or will not take any action to circumvent the above declaration, representation or warranty.

 

(4)    The Consultant hereby accept full responsibility and strict liability for making any false declaration, not making full disclosure, misrepresenting facts or taking any action likely to defeat the purpose of this declaration, representation and warranty. It agrees that any agreement, right, interest, privilege or other obligation or benefit obtained or procured as aforesaid shall, without prejudice to any other right and remedies available to the Government of Pakistan under any law, agreement or other instrument, be voidable at the option of the Government of Pakistan.

 

(5)    Notwithstanding any rights and remedies exercised by the Government of Pakistan in this regard, the Consultant hereby agrees to indemnify the Government of Pakistan for any loss or damage incurred by it on account of its corrupt business practices and further pay compensation to the Government of Pakistan in an amount equivalent to ten (10) times the sum of any commission, gratification, bribe, finder's fee or kickback given by the Consultant as aforesaid for the purpose of obtaining or inducing the procurement of

 

any agreement, right, interest, privilege or other obligation or benefit in whatsoever form

from the Government of Pakistan.

 

8. OBLIGATIONS OF THE CONSULTANT    -

 

(1)    The Consultant shall perform the Services and carry out its obligations with all due diligence, efficiency, and economy, in accordance with highest recognized professional standards, techniques and practices, and shall observe sound management practices, and employ appropriate advanced technology and safe methods. The Consultant shall always act, in respect of any matter relating to this Agreement or to the Services, as faithful advisers to the Client, and shall at all times support and safeguard the Client's legitimate interests in any dealings with Sub- Consultant, or Third Parties.

 

(2)    In case of any accident or happening of any other unforeseeable circumstances, which prevent, stop, or hinder the execution of the Services, the Consultant shall promptly notify in writing the Client of such accident or circumstances.

 

(3)    The remuneration of the Consultant pursuant to Clause 5(2) shall constitute the Consultant’ sole remuneration in connection with this Agreement or the Services, and the Consultant shall not accept for its own benefit any trade commission, discount, or similar payment in connection with activities pursuant to this Agreement or to the Services or in the discharge of its obligations under the Agreement, and the Consultant shall use its best efforts to ensure that the Personnel, any Sub- Consultant, and agents of either of them similarly shall not receive any such additional remuneration.

 

(4)    The Consultant, the Sub-Consultant, and the Personnel of either of them, shall not, either during the term or within two (2) years after die expiration of this Agreement, disclose any proprietary or confidential information relating to the Project, the Services, this Agreement, or the Client's business or operations, without the prior written consent of the Client.

 

(5)    If the Client considers any part of the Services to have been executed in an unsound and improper manner, the Consultant shall cause the same immediately to be rectified in a proper manner to the satisfaction of the Client without any extra charge or expense whatsoever in respect thereof.

 

(6)    The Consultant (a) shall take out and maintain, and shall cause any Sub-Consultant to take out and maintain, at their (or the Sub-Consultant's, as the case may be) own cost but on terms and conditions approved by the Client, insurance against the risks, and for the coverage, of death, personal injuries, or damage to property, if any, suffered by the Consultant, Sub-consultant, Personnel or the Third Parties during the provision of the Services, and at the Client s request, shall provide evidence to the Client showing that such insurance has been taken out and maintained and that the current premiums have been paid.

 

(7)    The Consultant shall obtain the Client's prior approval in writing before taking any of the following actions:

 

(a) appointing such Personnel as are listed in Appendix C;

 

 

(b) entering into a sub-contract for the performance of any part of the Services, it being understood

 

(i) that the selection of Sub-Consultant and the terms and conditions of the sub-   contract    shall have been approved in writing by the Client prior to the execution of the sub-contract,

(ii) that the Consultant shall remain fully liable for the performance of the Service by the Sub-Consultant and its Personnel pursuant to this Agreement, and

(iii) unless otherwise expressly agreed in writing, any fee, remuneration or expenses payable to the Sub-consultant or the Personnel shall be borne by the Consultant.

 

(8)    During Stages I and II, the Consultant shall obtain the Client's prior approval in respect of the following:

 

(a)   Architectural, Schematic drawings and Master Layout Plan Master Plan (Concept Design)

 

(b) Detailed Architectural, Structural, Plumbing, Electrical and Infrastructural Working Drawings.

 

(c)    Tender documents (drawings)

 

(d)    Final measurement    statement

 

(9)    During Phase III, the Consultant, shall obtain specific approval of the Client in writing before taking any of the following actions specified in the construction agreement to be signed between the Client and the Contractor:

 

(a)    Covering sub-contracting of any part of the construction works;

 

(b)    Certifying additional cost for not foreseeable physical obstruction/conditions;

 

(c)    Suspending works;

 

(d)    Determining extension of time for completion of construction works;

 

(e)    Issuing taking over/substantial completion certificates;

 

(f)    Issuing a Variation Order except in emergency situation as reasonably determined by the Engineer;

 

(g)    Revision/fixing rate or prices;

 

(h)    Issuing defects liabilities;

 

(i)    Certifying additional payment for special risks;

 

(j)    Final measurement statement;

 

(k)    Payment of retention money;

 

(10)    The Consultant shall submit to the Client the reports and documents specified in

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

 

(11)    All plans, drawings, specifications, reports, and other documents and software prepared by the Consultant shall become and remain the property of the Client, and the

Consultant shall, not later than upon termination or expiration of this Agreement, deliver (if not already delivered) all such documents and software to the Client, together with a detailed inventory thereof. The Consultant may retain a copy of such documents and software: Provided that the Consultant shall not use these documents for purposes unrelated to this Agreement without the prior written approval of the Client.

 

(12)    Equipment and materials made available to the Consultant by the Client, or purchased by the Consultant with funds provided by the Client, shall be the property of the Client and shall be marked accordingly. Upon termination or expiration of this Agreement, the Consultant shall make available to the Client an inventory of such equipment and materials and shall dispose of 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 Consultant, unless otherwise instructed by the Client in writing, shall insure them at his own expense in an amount equal to their full replacement value. It shall be the responsibility of the Consultant to maintain the equipment and materials provided by the Client in good condition (except normal wear and tear), and the Consultant shall be liable for any loss, damage or theft of such equipment and materials.

 

(13)    The Consultant have no authority to commit the Client to any legally binding commitments or agreements or to interfere in the running of the Client’s affair or business.

 

(14)    The Consultant shall comply with the provisions of all laws, rules and bye-laws for the time being in force affecting the Services as defined by relevant bylaws of the Pakistan

Engineering Council, and shall keep the Client indemnified against all fines, penalties and losses incurred by reason of the breach by the Consultant of any such laws, bye-laws and regulations.

 

(15)    The Consultant shall have the legal status of an independent contractor. Any person assigned by the Consultant to perform services under this Agreement shall remain in the employment of the Consultant, and the Client shall not be responsible for claims of any kind by any such person including the Sub-consultants and the Personnel.

 

(16)    The Consultant shall be responsible for the professional and technical competence of the Sub- consultants, and the Personnel, and shall select for the performance of the Services, reliable individuals who will perform effectively in the implementation of this Agreement.

 

(17)    The Consultant shall be liable for the consequences of errors and omissions on his part, on the part of the Personnel and the Sub-Consultant as to the design of the Project and performance of the Services. If the Client suffers any losses or damages as a result of proven faults, errors or omissions in the design of the Project or in performance of the Services, the Consultant shall make good such losses or damages, as defined by relevant bylaws of the Pakistan Engineering Council. The liability of the Consultant shall expire after five (5) years from the stipulated date of completion of construction of the Project and execution of the Works.

 

(18)    The Consultant shall indemnify, hold and save harmless and defend at his own expense, the Client, and officers, agents, servants and employees of the Client, from and against all suits, claims, demands and liability of any nature or kind, including costs and expenses arising out of acts or omissions of the Consultant, the Sub-consultants, or the Personnel, in the performance of this Agreement, arising out of or relating to the negligence of the Consultant, Sub-consultant or the Personnel, or breach of this Agreement.

 

(19)    The Consultant shall use high-standard Equipment and/or materials to carry out the Services.

 

(20)    The Consultant shall be liable for the performance of all or any duties and rights prescribed by the labour laws.

 

(21)    The Consultant shall indemnify the Client in respect of all such claims, damages or expenses payable in consequence to any injury to any employee, workman, Personnal , Sub- consultant, the invitee of the Client or Third Party, as the case may be, while in or upon the Project site.

 

9. CONSULTANT'S PERSONNEL

 

(1)    The names, titles and estimated periods of engagement in the carrying out of the

Services of the Consultant's key-personnel are described in Appendix C. The key- personnel and Sub-Consultant listed by title as well as by name in Appendix C are deemed to be approved by the Client.

 

(2)    Except as the Client may otherwise agree, no changes shall be made in the key-personnel and the Sub-consultant. If, for any reason beyond the reasonable control of the Consultant, it becomes necessary to replace any of the key-personnel or Sub- consultant, the Consultant shall provide as a replacement a person of equivalent or better qualifications.

 

(3)    If the Client:

 

(a)    finds that any of the Personnel or Sub-consultant have committed serious misconduct or have been charged with having committed a criminal action; or

 

(b)    have reasonable cause to be dissatisfied with the performance of any of the Sub- consultant, or Personnel, then the Consultant shall, at the Client's written request specifying the grounds therefore, provide as a replacement a person with qualifications and experience acceptable to the Client.

 

(4)    Except as the Client may otherwise agree, the Consultant shall;

 

(a)    Bear all the additional travel and other costs arising out of or incidental to any removal and/or replacement; and

 

(b)    bear any additional remuneration, to be paid for any of the Sub-consultant or the

Personnel provided as a replacement to that of the person being replaced.

 

10. OBLIGATIONS OF THE CLIENT

 

(1)    The Client shall use its best efforts to ensure that it:

 

(a)    provides at no cost to the Consultant, Sub-Consultant and Personnel such documents prepared by the Client or other consulting engineers appointed by the Client as shall be necessary to enable the Consultant, Sub-Consultant or Personnel to perform the Services;

 

(b)    assists to obtain the existing data pertaining or relevant to the carrying out of the Services, available with various Government and other organizations. Such items unless paid for by the Consultant without reimbursement by the Client, shall be returned by the

Consultant upon completion of the Services under this Agreement;

 

(c)    issues to officials, agents and representatives of the concerned organizations, all such instructions as may be necessary or appropriate for prompt and effective implementation of the Services;

 

(d)    assists to obtain permits which may be required for right-of-way, entry upon the lands and properties for the purposes of this Agreement;

 

(e)    makes available immediately after issuance of letter of award, all existing data, information, studies and reports available with Client and other inputs to assist the

Consultant in obtaining permits needed to satisfactorily carry out the Services and make available relevant project data and reports.

 

(2)    The Client 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, and other concerned organization.

 

(b)    coordinate with any other Consultant employed by him.

 

(3)    The Client shall respond within one week, but shall not be bound to give approval, whenever any documents are submitted by the Consultant for approval.

 

(4)    The Client warrants that the Consultant shall have, free of charge, unimpeded access to all land of which access is required for the performance of the Services.

 

(5)    If, after the date of signing this Agreement, there is any change in the Applicable Law which increases or decreases the cost of the Services rendered by the Consultant, then the

remunerations and direct costs otherwise payable to the Consultant under this Agreement

shall be increased or decreased subject to consultation with the Client and upon mutually

agreed terms.

 

(6)    The Client shall make available to the Consultant and the Personnel, for the purpose of the Services and free of any charge, the services, facilities and property described in

Appendix F at the times and in the manner specified in the said Appendix F, provided that

if such services, facilities and property shall not be made available to the Consultant as and when so specified, the Parties shall agree on:

 

(a)    any time extension that it may be appropriate to grant to the Consultant for the performance of the Services;

 

(b)    the manner in which the Consultant shall procure any such services, facilities and property from other sources; and

 

(c)    the additional payments, if any, to be made to the Consultant as a result thereof.

 

 

 

 

11. PAYMENTS TO THE CONSULTANT

 

(1)    The total remuneration of the Consultant shall not exceed the Agreement Price and shall be a fixed lump-sum price including all staff costs, incurred by the Consultant in carrying out the Services described in Appendices A, B, C and F.

 

(2)    The Agreement Price shall be paid to the Consultant in Pakistani Rupees.

 

(3)    The Agreement Price for the purposes of this Agreement is as specified in Appendix D

to the Agreement.

 

(4)    The Consultant’s final payment will be the amount calculated at the applicable rate on the final completion cost of the Works executed.

 

(5)    For the purpose of calculation of design fee, the total cost will be assessed on the following stages:

 

(a)    Initial assessment

 the consultants shall be paid Design Fees on rough cost estimates of Rs:2000 per Sq.Ft

 

(b)    At the award of tender

 

(c)    At substantial completion of the Works

                   

In case a cost differential exists between any two stages, over or underpayment will be balanced at the payment stage immediately following.

 

(6)    Payment will be made to the account of the Consultant after the submission of an invoice by the Consultant duly signed by the leader  to the Client specifying the amount due and the description of the corresponding services provided.

 

(7)    All amounts due to the Consultant under this Agreement, shall be paid by the Client within twenty-eight (28) days after the Consultant's invoice duly signed by the leader has been delivered to the Client. However, such payments shall be subject to the right of the Client to

(i) withhold payment if it is of the opinion that the Consultant has not provided the corresponding services, or the services provided were of unsatisfactory quality; or

(ii) set-off against the amounts payable by the Consultant to the Client.

 

(8)    Any dispute arising between the Parties under

 

(7) above shall be resolved by the arbitration provided that such dispute shall not prejudice the obligation of the Consultant to keep carrying out the work/services, and that of the Client to make payments that are

 

(i)                 for undisputed work/services carried out by the Consultant, or

(ii)               not liable to be set- off by the Client.

 

(9)    If, in the opinion of the Client, it is necessary to perform Additional Services during the currency of the Agreement for the purposes of the Project, such Additional Services shall be performed with the prior concurrence of the Parties. The Consultant shall inform the Client of the additional time (if any), and the additional remuneration and reimbursable direct costs expenditure for such Additional Services. Such remuneration and reimbursable direct costs expenditure shall be determined on the basis of rates provided in Appendix D.

 

(10)    If the Client fails to make the payment of any of the Consultant's invoice, within twenty-eight (28) days after the expiry of the time stated in (7) above, without disputing or setting-off the same, the Consultant may after giving not less than fourteen (14) days' prior notice to the Client, suspend the Services or reduce the rate of carrying out the Services, unless and until the Consultant have received the payment.

 

(11)    No payment made by the Client during the progress of the construction shall be construed as either approval or acceptance of any sub-standard or defective work or material used for the purposes of the Services.

 

(12)    The Consultant shall not be entitled to the final payments or any unpaid balance until the Consultant delivers to the Client satisfactory release and waivers of all claims, of labourers, Sub-consultant and the Third Parties in connection with the execution of the Services.

 

(13)    The acceptance of the final payment by the Consultant under the Agreement shall operate a complete release to the Client of all liabilities to the Consultant for all things done, furnished or relating to the Services or for any act or omission on the part of the Client.

 

(14)    Notwithstanding anything to the contrary contained in this Agreement, the Client may by written notice of thirty (30) days of suspension to the Consultant, suspend all payments to the Consultant hereunder if the Consultant fails to perform any of their obligations under this Agreement, including the carrying out of the Services, provided that such notice of suspension :

 

(a) shall specify the nature of the failure; and

(b) shall request the Consultant to remedy such failure within a period not exceeding thirty (30) days after receipt by the Consultant of such notice of suspension.

 

12.    TIME OF THE ESSENCE

 

It is an express stipulation that the time periods mentioned herein are of the essence of this Agreement.

 

13.    EXPIRATION OR TERMINATION

 

(1)    Unless terminated earlier pursuant to Clause 4(2), this Agreement shall expire when, pursuant to the provisions hereof, the Services have been completed and the payments of remunerations including the direct costs if any have been made.

 

(2)    The Client may terminate this Agreement, by not less than thirty (30) days’ written notice of termination to the Consultant, to be given after the occurrence of any of the events specified in paragraphs (a) through (e) below:

 

(a)    if the Consultant do not remedy a failure in the performance of its obligations under the Agreement, within thirty (30) days after being notified or within any further period as the Client may have subsequently approved in writing;

 

(b)    if the Consultant become or, any of its members becomes insolvent or bankrupt or enter into any agreements with their creditors for relief of debt or take advantage of any law for the benefit of debtors or go into liquidation or receivership whether compulsory or voluntary;

 

(c)    if the Consultant fails to comply with any final decision reached as a result of arbitration proceedings;

 

(d)    if the Consultant submits to the Client a statement which has a material effect on the rights, obligations or interests of the Client and which the Consultant know to be false;

 

(e)    if, as the result of Force Majeure, the Consultant is unable to perform a material portion of the Services for a period of not less than sixty (60) days.

 

(3)    The Consultant may terminate this Agreement, by not less than thirty (30) days written notice to the Client, such notice to be given after the occurrence of any of the events specified in paragraphs (a) through (d) below:

 

(a)    if the Client fails to pay any monies due to the Consultant pursuant to this Agreement and not subject to dispute or set-off within forty-five (45) days after receiving written notice from the Consultant that such payment is overdue; or

 

(b)    if the Client is in material breach of its obligations pursuant to this Agreement and has not remedied the same within forty-five (45) days (or such longer period as the Consultant may have subsequently approved in writing) following the receipt by the Client of the Consultant's notice specifying such breach.

(c) if, as the result of Force Majeure, the Consultant is unable to perform a material portion of the Services for a period of not less than sixty (60) days;

 

(d)  if the Client fails to comply with any final decision reached as a result of arbitration.

 

(4) Upon receipt of notice of termination under (2) above, or the giving of notice of termination under (3) above, the Consultant 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.

 

(5)    If either party disputes whether an event specified in paragraphs (a) through (e) of (2) or

(a) through (d) of (3) above 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, and this Agreement shall not be terminated on account of such event except in accordance with the terms of any resulting arbitral award.

 

14. FORCE MAJEURE

 

(1)    For the purposes of this Agreement, "Force Majeure" means an event which is beyond the reasonable control of a party and which makes a party's performance of its obligations under the Agreement impossible or so impractical as to be considered impossible under the circumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other industrial actions (except where such strikes, lockouts or other industrial actions are within the power of the party invoking Force Majeure to prevent), confiscation or any other action by government agencies. Force Majeure shall not include

(i) any event which is caused by the negligence or intentional action of a party or such party's Sub-Consultant or agents or employees, nor

(ii) any event which a diligent Party could reasonably have been expected to both take into account at the time of the conclusion of this Agreement and avoid or overcome in the carrying out of its obligations hereunder. Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder.

 

(2)    The failure of a party to fulfill any of its obligations under the Agreement shall not be considered to be a breach of, or default under this Agreement insofar as such inability arises from an event of Force Majeure, provided that the party affected by such an event:

 

(a)    has taken all reasonable precautions, due care and reasonable alternative measures in order to carry out the terms and conditions of this Agreement; and

 

(b)    has informed the other party in writing not later than fifteen (15) days following the occurrence of such an event.

 

(3)    Any period within which a Party shall, pursuant to this Agreement, 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.

 

 (4)    Each party shall bear its own costs during the period of their inability to perform the

Services as a result of an event of Force Majeure.

 

15. LIQUIDATED DAMAGES

 

(1)    If the Consultant fails to complete the Services within the time stipulated in the

Agreement, the Consultant shall, at the option of the Client but without prejudice to the other rights of the Client under the law and other provisions herein, pay liquidated damages to be calculated at the rate of 0.5 % of the Agreement Price for Stages I and II per day subject to maximum of 10 % of the Agreement Price for Stages I and II.

 

(2)    The Consultant hereby specifically agrees and authorizes the Client to deduct such liquidated damages, if any, from installment of payment becoming due and payable to the Consultant in terms of the Agreement.

 

16.    WAIVER

 

Failure of either party to insist upon the strict and punctual performance of any provision of the Agreement shall not constitute a waiver of the right to require such performance, nor shall a waiver in one case constitute a waiver with respect to a latter breach whether of similar nature or otherwise.

 

17.    MODIFICATION

 

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

 

18.    SETTLEMENT OF DISPUTES

 

(1)    This Agreement, its meaning and interpretation, and the relation between the Parties

shall be governed by the Applicable Law.

 

(2)    The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Agreement or its interpretation.

 

(3)    If within fifteen (15) days of service of notice by one party to the other informing about the dispute, the matter is not amicably settled between the Parties, any one of them may invoke arbitration proceedings.

 

(4)    Any dispute between the Parties as to matters arising pursuant to this Agreement which do not settle amicably may be submitted by either Party for settlement in accordance with the provisions of Arbitration Act 1940 (Act No. X of 1940) and of the rules made there under and any statutory modifications thereto.

 

(5) The Services shall, if reasonably possible, continue during the arbitration proceedings and no payment which is undisputed or not liable to be set-off, due to or by the Client shall be withheld on account of such proceedings provided that the payments in respect of work/services that constitute subject matter of arbitration proceeding may be withheld by the Client till the announcement of the arbitration award.

 

 (6) The venue of arbitration shall be _________ and the courts in ______ shall have exclusive jurisdiction to the matter.

 

19.    LANGUAGE

 

This Agreement 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 Agreement. All the reports and communications shall be in the English language.

 

20.    NOTICES

 

Any notice, request, or consent made pursuant to this Agreement shall be in writing and shall be deemed to have been made when delivered to the Director Central Cotton Research Institute, Sakrand , if addressed to the Client, or to the leader of the  Consultant, if addressed to the Consultant, or when sent by registered mail, courier, telex, or facsimile to such party at the address given in Clause 22, provided that telex or facsimile shall be sufficient only if confirmed by delivery in person or registered mail or courier. A party' may change its address for notice hereunder by giving the other party notice of such change.

 

21.    LOCATION

 

The Services shall be performed at Multan (Construction Supervision), and at such locations as mutually agreed by the Parties.

                                                                                                  

22.    AUTHORIZED REPRESENTATIVES

 

Any action required or permitted to be taken, and any document required or permitted to be executed, under this Agreement by the Client or the Consultant shall be taken or executed

 

by;

 

For the Client:

 

 

For the Consultant:

The Project Manager

 M/S.                                                                          

Address:                                             

                                                           

Telephone021-_________   

Facsimile:   021-_________

Email:   _________________________

 

23.    ILLEGALITY

The Parties agree that should any provision of this Agreement be invalid or unenforceable then they shall forthwith enter into good faith negotiations to amend such provision in such a

way that, as amended, it is valid and legal and to the maximum extent possible carries out the original intent of the Parties as to the point or points in question.

 

24.    TAXES AND DUTIES  

 

All taxes and duties prevalent on the date of signing of this Agreement are included in the Consultant remuneration. The Consultant, Sub-Consultant, 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 Agreement Price. The income tax shall not be deducted by the Client at the time of payment against consultancy remuneration, if the Consultant provide Income Tax exemption certificate.

 

 

 

 

 

 

25.    ENTIRE AGREEMENT

 

This Agreement along with the Appendices represents the entire and integral agreement between the Parties and supersedes all prior negotiations, representations or agreements, either written or oral.

 

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be signed in their respective names in two identical parts each of which shall be deemed as the original, as

of the day and year first above written.

 

For

Government of Pakistan

(Ministry of Textile Industry)

 

Signature                                                                                 Witness

Name __________________                                                             Signature:                               

Title _______________________                                         Name:                                    

                                                                                                Title: :                                     

 

For and on behalf of

M/S.                                                    

 

Witness

Signature :                                                                               Signature:                               

Name___________________                                                Name:                                    

Title _____________________                                              Title: :                                     

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX A

 

SCOPE OF WORK

 

(DESCRIPTION OF THE SERVICES)

 

The services to be provided by the Consultant under this Agreement pertain to Master Planning, Designing and Construction-Supervision of the buildings of  Central Cotton Research Institute ,located at  Sakrand  .

 

1.    Stage I: Conceptual Planning

 

The Consultant shall provide the following services:

 

(1)    Topographic survey of the Project site

 (2)    Master planning of the Project

 (3)    Concept design of the Project

 (4)     Prepare Schematic Drawings and Layout Plan of all buildings and infrastructure                 services.

 

2.    Stage II: Detailed Designing

 

(1) Undertake complete Engineering Design and prepare working drawings for

Architectural, Structural, Electrical, Plumbing and External Development, and other

related works required for construction of Central Cotton Research Institute at Sakrand.

 

(2)    Soil investigation(if required) through Client nominated Soil Investigation Firms (Fee/charges of Soil Investigation Firm and allied cost shall be paid separately to them by the Client).

 

(3) Detailed Estimate based on market rates supported with analysis and detail of quantities.

(4) Tender Documents and Technical Specifications.

 

(5) Structural Design along with design/drawing.

 

(6) Detailed internal/external water supply and sewerage, water reservoirs, firefighting, storm drainage, solid waste management, disposal works and other services including traffic flow plan and their design/drawings.

 

(7)    Detailed design/drawings of electrical works,, generators etc.

 

(8) At least five (5) copies/sets of Tender Documents along with finally approved design/drawings and working drawings are required to be submitted. In addition to the same, the Consultant shall provide five (5) sets of Detailed Estimates.

 

(9)    The Consultant shall supply all drawings on CD for permanent record of the Client.

 

(10)    The Contractor procurement services comprising of pre-qualification of contractors, advisory during tendering period, bid evaluation including recommendations for award of work. The Consultants shall prepare advertisement inviting pre-qualification documents from interested contractors; cost of publication of these advertisements in newspapers shall be borne by the Client.

 

(11)    Providing assistance to the Client in contract negotiations leading to award of the Works to the successful contractor.   

 

(12)    Handover of the Project site to the successful bidder.

 

3. Stage III: Construction Supervision

 

(1)    The Consultant shall be responsible for construction supervision of the Works (all stages) by qualified professionals (including resident supervision by a qualified graduate engineer in the respective discipline) with specialization and at least five (5) years of experience in the respective discipline. The Consultant team shall perform its duties with due diligence, efficiency and in accordance with the best engineering profession and consulting standard.

 

(2)    The Client,, shall provide and maintain for use of the Consultant, such offices at the Project Site, as necessary, as may be required by the Consultant for proper discharge of his obligations during Construction Supervision.

 

(3)    The Client will be at liberty to increase or decrease the quantum of work without assigning any reason.

 

(4)    The Consultant will, if required, visit during manufacturing and issue a certificate after physical verification of all the equipment at the location of manufacturer (in Pakistan) before delivery and will also vet the technical specification of all sorts of equipment(s) before placing an order by the contractor.

 

(5)    The assignment will cover the entire period of construction of the Project, which is expected to be about 18 months.

 

(6)    The staff/team given deputed for construction supervision stage shall be approved by the Client before deployment.

 

(7)    Professional Liability as stated in the prevalent conduct and practice of consulting engineers prescribed by PEC shall be applicable to the Consultant.

 

(8)    Duties and Responsibilities of the Consultant:

 

(a)    The Consultant shall certify each work bill of the Contractor that the works have been executed as per approved design, drawings standard specifications, technical sanctioned estimate and within the provisions of contract agreement.

 

(b)    The Consultant shall certify that the Works are executed in accordance with the established standards, criteria and procedures.

 

(c)    The Consultant shall certify that the construction schedule provided in the contract agreement is strictly followed by the Contractor.

 

(d)    The Consultant shall certify that the construction material brought by the Contractor at the Project site for use in the construction works is in accordance with the specifications and has been tested from a recognized laboratory as per standard practice laid down in specifications.

 

(e)    The Consultant shall supervise the Contractor in all matters concerning safety and care of work and to advise the client  about any problem arising in construction work.

 

(f)    The Consultant shall check systematically the progress of work according to the construction schedule provided in the agreement and shall submit monthly progress report to the client pointing out the deficiencies in the work and suggestions for its remedial measures.

 

(g)    The Consultant shall advise the Client on any problem arising in construction work during the execution of the Works and suggest remedial measures.

 

(h)    The Consultant shall (i) verify the Contractor’s monthly/running payments and final payments clearly indicating that the quality of work executed is according to the approved specifications, design, drawings, technical sanctioned estimates and contract agreement, bills are for works actually carried out at the Project site and rates quoted in the tender, and(ii) in view of the afore-said and along with test reports of different materials, make

recommendations for payment to the Contractor.

 

(i)    The Consultant shall keep the record of daily inspection report and handover the same to the client on weekly basis.

 

(j)    The Consultant shall carry out detailed final inspection of the work and in view thereof recommend the Client for issuance of completion certificate stating that the Works has been completed as per standard specifications, design, drawings, estimates and contract agreement.

 

(k)    One month prior to the expiry of the maintenance period of the Works, the Consultant shall carryout a detailed final inspection of the Works and submit a report to the department pointing out the defects if any in the Works.

 

(l)    The Consultant shall ensure that it provides prompt and adequate attention, guidance and supervision, as required under this Agreement, to the construction work to be carried out by the Contractor, and in case the construction work does not complete within the stipulated eighteen (18) months period due to any failure on the part of the Consultant in the prompt and timely discharge of its obligations under this Agreement, the Consultant shall be obligated to provide its services for the period extended due to afore-said reason without any claim for additional remuneration, and keep the Client indemnified in respect of any losses suffered by it, due to afore-said reason.

 

 

 

 

 

 

 

APPENDIX B

 

REPORTING REQUIREMENTS

 

The Consultant will be required to produce following outputs at the end of each stage of the work, without additional cost:

 

(1)

Conceptual Design/Drawings

3 copies

(2)

Tender Documents

5 copies

(3)

Bill of Quantities (BOQ)

5 copies

(4)

Engineer's Estimate

1 copy

(5)

Tender Evaluation Report

1 copy

(6)

Construction Drawings

3 sets (I set each for Client, Contractor & Resident Engineer)

(7)

Design Calculation

1 copy

(8)

Construction Drawings on CD

1 set

(9)

Extra Set / Copies of Drawings

Rs. 100 per drawing

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                        APPENDIX C

 

KEY PERSONNEL & SUB-CONSULTANT

 

No.

Position

Name

Firm

1

Project Manager

   

2

Principal Architect

   

3

Public Health Engineer

   

4

Principal Structural Engineer

   

5

Electrical Engineer

   

6

Sr. Structural Engineer

   

7

Soil Engineer

   

8

Survey In charge

   

9

Quantity Surveyor

   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX D

 

BREAKDOWN OF AGREEMENT PRICE IN LOCAL CURRENCY

1. Agreement Price

 

The Agreement Price shall comprise the following:

(1) Design consultancy services as follows:

 

(a)    For new design               1.25% of the construction cost

 

(b)    For repeat design           0.5% of the construction cost of Particular Building

 

(c)    Soil Investigation            Charges to be paid directly to the selected firm by the Client.

            (if required)                This amount is not in the consultant’s remuneration.

 

 (2) Construction Supervision  1.20% of the construction cost

 

2. Break down of the Agreement Price

 

 

STAGES

FEE

PAYMENTS

 

 

I Conceptual Planning

Twenty Five (25) Percent of Design Consultancy Services

•    Fifty (50) percent of the Stage I fee shall be paid at the time of Concept Design submission.

•    Twenty Five (25) percent of the Stage I fee shall be paid upon Client's approval of Concept Design.

•    Twenty Five (25) percent of the Stage I fee shall be paid at the time of submission of topographic survey of the Project site.

 

 

II    Detailed Design

Seventy Five (75) Percent of Design Consultancy Services

•    Forty (40) percent of the Stage II fee shall be paid  upon submittal of tender drawings.

•    Forty Five (45) percent of the Stage 11 fee shall be paid upon submittal of tender documents other than tender drawings.

•    Five (5) percent of the Stage II fee shall be paid upon submission of tender evaluation report.

•    Ten (10) percent of the Stage II fee shall be paid upon award of construction work or four (4) weeks after submission of tender evaluation report whichever occurs first.

 

 

III Construction Supervision

 

(a) 1.2% of actual cost of works. The Consultants shall be paid at the rate of 1.2% of Contractor's

gross Bills from time to time till the completion of works.

 

 

 

 

 
 

 

(b)    In case the construction proceeds beyond eighteen (18) months for no fault of the Consultant, a supplementary payment for extended period of supervision will be paid on a prorata basis.

 

(c)    The Consultant would specify his team before commencement of the work which would not change without written consent of the Client.

 

 

 

 

 

2. Other Expenses

 

 

Expenses on visits carried out by the Consultants, upon Client's instructions, to offices / premises outside Multan in relation to the work for source approvals or product testing or as desired by the Client for other matters shall be billed as per actual expense by the Consultant and reimbursed by the Client accordingly. Such payments shall be deemed as additional work and shall not be included in the amount due as per Item 1 of this Appendix.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX F

 

 

 

SERVICES AND FACILITIES TO BE PROVIDED BY THE CLIENT

 

Free and unhindered access to the Project site shall be provided by the Client.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX G

 

PROGRAMME/WORK SCHEDULE