TRAFFIC DEPARTMENT

APPOINTMENT OF CONSULTANTS
TECHNICAL AND FINANCIAL FEASIBILITY STUDY
SETTING UP OF A COAL HANDLING SYSTEM AT KARACHI PORT.
REQUEST FOR PROPOSALS (RFP)
(submission of Technical and Financial proposal has been extended up to 05-06-2007)
It may please be noted that no proposal will be accepted after 05-06-2007 by 1400 hrs.
April 2007
Karachi Prot Trust
Traffic Department
APPOINTMENT OF CONSULTANTS FOR A
TECHNICAL AND FINANCIAL FEASIBILITY STUDY FOR SETTING UP OF A COAL HANDLING SYSTEM AT KARACHI PORT.
LETTER OF INVITATION
1. Qualified Consultants with background and experience in bulk cargo handling, and related port engineering works are invited to submit technical and financial proposals for feasibility study of setting up a Coal Handling System at Karachi Port. The proposals would form the basis for future negotiation and ultimately a contract between the selected firm and Karachi Port Trust.
BACKGROUND
2. Karachi Port Trust (KPT) is a semi-government autonomous body in charge of the Karachi Port. The Karachi Port is the premier port of Pakistan having a variety of port facilities for safe and efficient handling of ships and cargoes. KPT is financially strong and owns variety of movable and immovable property from port operational equipment and crafts to buildings and marine structures.
3. KPT handles more than 32 million tons of cargo each year out of which 2-3 Million tons is imported Coal. The potential growth rate is expected to be around 10 % per annum.
4. To meet the demand of handling the large future imports of coal, KPT intends to modernise its existing available coal handling facilities. The overall coal handling from ship discharging to stacking and delivery, needs to be urgently upgraded through high speed mechanization, which at the same time must be cost effective and most important of all must be fully environmentally friendly.
5. In order to achieve these objectives, Karachi Port Trust is inviting qualified consultants with background and experience in bulk cargo handling, and related port engineering works to submit technical and financial proposal for a feasibility study for setting a Coal Handling System at Karachi Port.
BRIEF DESCRIPTION OF THE PROJECT
6. The proposed feasibility encompasses the technical and financial aspects of:
a. Installation of an efficient environment friendly (zero pollution) high rate discharging system for imported coal from ship berthed at berth 2 and 3 at East Wharf.
b. Provision of mechanical pollution free (zero pollution) transfer of coal from the discharging point to KPT coal yard next to KGCC.
c. Efficient, economical, and pollution free stacking system in coal storage area.
d. Efficient, economical, and pollution free reclaiming system from storage stacks for delivery.
e. An efficient and pollution free delivery system through road transport .
f. The entire system has to be cost effective keeping in mind the volumes and growth rates.
7. Karachi Port Trust intends to appoint qualified consultants with background and experience in bulk cargo handling and related port engineering works to prepare a technical and financial feasibility regarding setting up of a Coal Handling System at Karachi Port.
8. The consultants services would include preliminary examination / investigation inclusive of survey of the area and assessment of the structural/geotechnical strength of the berths and stacking area; analysis of the existing coal handling data; projection of coal handling volumes; identification of various suitable options for coal handing system, conveyance and stacking; detailed financial analysis and cost implication of such options; selection of optimum economic design; and recommendation for the most efficient and cost effective option, including enlistment of all machinery and equipment required.
CONTENTS OF THE RFP
9. To enable you to submit a proposal, please find enclosed the following:
a. Supplementary information for consultant.
b. Data sheet.
c. Technical proposal standard forms.
d. Financial proposal submission form.
e. Terms of reference.
f. Contract Documents.
10. The proposal should follow guidelines given in the RFP. Method of evaluation to be adopted in evaluating the proposals will be based on PPRA guidelines (refer to clause 6 of Information to Consultants), the technical evaluation shall be done prior to opening of the financial proposals. The work will be awarded to the technically qualified firm offering lowest evaluated proposal.
11. Please note that the Karachi Port Trust is not bound to select any or all of the firms submitting proposals.
INFORMATION FOR PROPOSAL PREPARATION
12. In order to obtain first-hand information on the assignment and the local conditions, it is considered desirable that a representative of your firm visit the proposed site before the proposal is submitted. Your representative should meet the following officials:
Traffic Manager, KPT.
(Only by prior appointment through fax at-least 2 days in advance).
Ph: + 92-21-9214361
tm@kpt.gov.pk
13. Please ensure that these officials are advised of your visit in adequate time to allow them to make appropriate arrangements.
14. Please note that the cost of preparing a proposal and of negotiating a contract, including trips to Karachi Port trust, Karachi is not reimbursable as a direct cost of the assignment.
15. Please note that if you consider that your firm does not have all the expertise for the assignment, there is no objection to your firm associating with other firm(s) to enable a full range of expertise to be presented. However, the association should be in harmony with the local regulations and the regulations of Pakistan Engineering Council.
16. Your completed proposal along with the required supporting data should be addressed to :
Traffic Manager,
Karachi Port Trust,
Eduljee Dinshaw Road
Karachi – 74000, Pakistan.
Phone: 92-21-9214361
Fax No. 92-21-9214229-30
E-mail: tm@kpt.gov.pk
Website: www.kpt.gov.pk
17. Please note that the remuneration which you receive from this contract will be subject to the normal and prevailing tax liability in Pakistan. Information on tax regulations can be obtained from Central Board of Revenue, Islamabad, Pakistan.
18. We would appreciate you informing us by fax:
a. Your receipt of this letter of invitation.
b. Whether or not you will be submitting a proposal.
19. The last date of submission of the Technical and Financial Proposal is 23 May 2007 by 1400, after which no proposal will be accepted.
20. We wish to remind you that any manufacturing or construction firm with which you might be associated will not be eligible to participate in bidding for any goods or works resulting from or associated with the project of which this consulting assignment forms a part.
SECTION – I
SUPPLEMENTARY Information FOR Consultants
1. Introduction
1.1 Client will select a firm in accordance with the method of selection specified in the Data Sheet.
1.2 The consultants are invited to submit a Technical Proposal and a Financial Proposal, as specified in the Data Sheet for consulting services required for the assignment named in the Data Sheet. The proposal will be the basis for contract negotiations and ultimately for a signed contract with the selected firm.
1.3 The consultants must familiarize themselves with local conditions and take them into account in preparing their proposals. To obtain firsthand information on the assignment and on the local conditions, consultants are encouraged to visit the Client before submitting a proposal. The consultants' representative should contact the officials named in the Data Sheet to arrange for their visit or to obtain additional information on the pre-proposal conference. Consultants should ensure that these officials are advised of the visit in adequate time to allow them to make appropriate arrangements.
1.4 The Client will provide the inputs specified in the Data Sheet, assist the firm in obtaining licenses and permits needed to carry out the services, and make the relevant project data and reports available. All such assistance is only to the extent of facilitation and cannot be construed as a responsibility of the Client.
1.5 Please note that;
(i) The costs of preparing the proposal and of negotiating the contract, including a visit to the Client, are not reimbursable as a direct cost of the assignment; and
(ii) The Client is not bound to accept any of the proposals submitted.
1.6 Client’s policy requires that consultants provide professional, objective, and impartial advice and at all times hold the Client's interests paramount, without any consideration for future work, and strictly avoid conflicts with the assignments or their own corporate interests. Consultants shall not be hired for any assignment that would be in conflict with their prior or current obligations to other clients, or that may place them in a position of not being able to carry out the assignment in the best interest of the Client.
1.6.1 Without limitation on the generality of this rule, consultants shall not be hired under the circumstances set forth below:
(a) A firm which has been engaged by the Client to provide goods or works for a project, and any of their affiliates, shall be disqualified from providing consulting services for the preparation or implementation of a project, and any of their affiliates, shall be disqualified from subsequently providing goods or works or services related to the initial assignment (other than a continuation of the firm's earlier consulting services) for the same project.
(b) Consultants or any of their affiliates shall not be hired for any assignment which, by its nature, may be in conflict with another assignment of the consultants.
1.6.2 As pointed out in para 1.6.1 (a) above, consultants may be hired for downstream work, when continuity is essential, and the factors used for the selection of the consultant should take the likelihood of continuation into account. It will be the exclusive decision of the Client whether or not to have the downstream assignment carried out, and if it is carried out, which consultant will be hired for the purpose.
1.7 Consultants should observe the highest standard of ethics during the selection and execution of such contracts. In pursuance of this policy, the client:
(a) defines, for the purposes of this provision, the terms set forth below as follows:
(i) "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the selection process or in contract execution; and
(ii) "fraudulent practice" means a misrepresentation of facts in order to influence a selection process or the execution of a contract to the detriment of the borrower, and includes collusive practices among consultants (prior to or after submission of proposals) designed to establish prices at artificial, noncompetitive levels and to deprive the borrower of the benefits of free and open competition.
(b) will reject a proposal for award if it determines that the firm recommended for award has engaged in corrupt or fraudulent activities in competing for the contract in question;
1.8 Consultants shall furnish information as described in the Financial Proposal submission form (Section 4).
1.9 Consultants shall be aware of the provisions on fraud and corruption stated in the Standard Contract.
2. Clarification and Amendment of Request for Proposals
2.1 Consultants may request a clarification to the contents of the RFP up to the number of days indicated in the Data Sheet before the proposal submission date. Any request for clarification must be sent in writing by paper mail, facsimile, to the Client's address indicated in the Data Sheet. The Client will respond to such requests and will send written copies of the response (including an explanation of the query but without identifying the source of inquiry) to all invited consultants who intend to submit proposals.
2.2 At any time before the submission of proposals, the Client may, for any reason, whether at its own initiative or in response to a clarification requested by an invited firm, amend the RFP. Any amendment shall be issued in writing through addenda. Addenda shall be sent by mail, facsimile, to all invited consultants and will be binding on them. The Client may at its discretion extend the deadline for the submission of proposals.
3. Preparation of Proposal
3.1 Consultants are requested to submit a proposal (para 1.2) written in English language.
Technical Proposal
3.2 In preparing the Technical Proposal, consultants are expected to examine the documents constituting this RFP in detail. Material deficiencies in providing the information requested may result in rejection of a proposal.
3.3 While preparing the Technical Proposal, consultants must give particular attention to the following:
(i) If a firm considers that it does not have all the expertise for the assignment, it may obtain a full range of expertise by associating with individual consultant(s) and/or other firms or entities in a joint venture or sub consultancy, as appropriate. Consultants may associate with the other consultants invited for this assignment only with approval of the Client as indicated in the Data Sheet.
(ii) The detailed proposal for the professionals indicating their assignment and estimated man-months is to be submitted.
(iii) It is desirable that the majority of the key professional staff proposed be permanent employees of the firm or have an extended and stable working relationship with it.
(iv) Proposed professional staff must, at a minimum, have the experience indicated in the Data Sheet, preferably working under conditions similar to those prevailing in the country of the assignment.
(v) Alternative professional staff shall not be proposed, and only one curriculum vitae (CV) may be submitted for each position.
(vi) Reports to be issued by the consultants as part of this assignment must be in English Language. It is desirable that all the key staff have a working knowledge of English Language.
3.4 The Technical Proposal shall provide the following information using the attached Standard Forms (Section 3):
(i) A brief description of the firm's organization and an outline of recent experience on assignments (Section 3B) of a similar nature. For each assignment, the outline should indicate, inter alia, the profiles of the staff proposed, duration of the assignment, contract amount, and firm's involvement.
(ii) Any comments or suggestions on the Terms of Reference, data, services and facilities to be provided by the Client (Section 3C).
(iii) A description of the methodology and work plan for performing the assignment (Section 3D).
(iv) The list of the proposed staff team by specialty, the tasks that would be assigned to each staff team member and their deployment schedule. (Section 3E)
(v) CVs recently signed by the proposed professional staff and the authorized representative submitting the proposal (Section 3F). Key information should include number of years working for the firm/entity and degree of responsibility held in various assignments.
(vi) Estimates of the total staff input (professional and support staff; staff time) needed to carry out the assignment, supported by bar chart diagrams showing the time proposed for each professional staff team member (Sections 3E and 3G).
(vii) A detailed description of the proposed methodology, staffing, and monitoring of training, if the Data Sheet specifies training as a major component of the assignment.
(viii) Any additional information requested in the Data Sheet or deemed necessary by the bidder.
3.5 The Technical Proposal shall not include any financial information.
Financial Proposal
3.6 In preparing the Financial Proposal, consultants are expected to take into account the requirements and conditions outlined in the RFP. The Financial Proposal should follow Standard Forms (Section 4). It lists all costs associated with the assignment, including;
(a) Remuneration for staff (in the field and at headquarters), and
(b) Reimbursable expenses such as subsistence (per diem, housing), transportation (international and local, for mobilization and demobilization), services and equipment (vehicles, office equipment, furniture, and supplies), office rent, insurance, printing of documents, surveys, and training, if it is a major component of the assignment.
3.7 The Data Sheet indicates the duration of proposal validity after the submission date. During this period, the consultant is expected to keep available the professional staff proposed for the assignment. The Client will make its best effort to complete negotiations within this period. If the Client wishes to extend the validity period of the proposals, the consultants who do not agree have the right not to extend the validity of their proposals.
3.8 Consultants should express the price of their service in Pak. Rupees only, giving breakup of remuneration and reimbursable of the lump sum price.
4. Submission, Receipt and Opening of Proposals
4.1 The original proposal (Technical Proposal and Financial Proposal; see para 1.2) shall be prepared in indelible ink. It shall contain no inter-lineation or overwriting, except as necessary to correct errors made by the firm itself. Any such corrections must be initialed by the persons or person who sign(s) the proposals.
4.2 An authorized representative of the firm initials all pages of the proposal. The representative's authorization is confirmed by a written power of attorney accompanying the proposal.
4.3 For each proposal, the consultants shall prepare the number of copies indicated in the Data Sheet. Each Technical Proposal and Financial Proposal shall be marked "ORIGINAL" or "COPY" as appropriate. If there are any discrepancies between the original and the copies of the proposal, the original governs.
4.4 The original and all copies of the Technical Proposal shall be placed in a sealed envelope clearly marked "Technical Proposal", and the original and all copies of the Financial Proposal in a sealed envelope clearly marked "FINANCIAL PROPOSAL" and warning: "DO NOT OPEN WITH THE TECHNICAL PROPOSAL." Both envelopes shall be placed into an outer envelope and sealed. This outer envelope shall bear the submission address and other information indicated in the Data Sheet and be clearly marked, "DO NOT OPEN, EXCEPT IN PRESENCE OF THE EVALUATION COMMITTEE."
4.5 The completed Technical and Financial Proposals must be delivered at the submission address on or before the time and date stated in the Data Sheet. Any proposal received after the closing time for submission of proposals shall be returned unopened.
4.6 After the deadline for submission of proposals, the Technical Proposal shall be opened immediately by the evaluation committee. The Financial Proposal shall remain sealed and deposited with a respectable public auditor or independent authority until all submitted proposals are opened publicly.
5. Proposal Evaluation
5.1 From the time the proposals are opened to the time the contract is awarded, if any consultant wishes to contact the Client on any matter related to its proposal, it should do so in writing at the address indicated in the Data Sheet. Any effort by the firm to influence the Client in the Client's proposal evaluation, proposal comparison or contract award decisions may result in the rejection of the consultant's proposal.
5.2 Evaluators of Technical Proposals shall have no access to the Financial Proposals until the technical evaluation, is concluded.
6. Guidelines for Evaluation of Proposal
6.1 On receipt of technical proposals, the client will appoint a suitably qualified committee to evaluate the technical proposals of all the contestants. The committee will evaluate each technical proposal as regards the understanding of project needs, methodology, work plan, time schedule, experience and qualifications of personnel to be assigned, present work load and other pertinent aspects in relation to the services required of the consulting firm. No special weightage in the evaluation will be given to any consulting firm for reason of his being in the public or the private sector. The committee will rank the consulting firms in order of their suitability for the particular assignment.
6.2 The client will then open the financial proposals of all the technically qualified firms in the presence of such consulting representatives who care to be present and will publicly announce the prices and terms of all proposals.
6.3 The financial proposals of the technically qualified consulting firms will be examined and evaluated / adjusted as under;
6.3.1 If any professional staff proposed by the firm does not possess the minimum required qualification and /or experience, it will stand rejected.
6.3.2 Any conditions or reservations or stipulation of a proposal, which directly or indirectly affects the consulting services cost, will be financially evaluated and cost added to bring the proposal at par.
6.4 The technically qualified consulting firm which submits the lowest offer, evaluated in accordance with sub paragraphs 6.3.1, and 6.3.2 above, will first be invited to negotiate a contract with the Client. If agreement is not reached, the negotiations will be terminated and the consulting firms notified in writing to this effect by explaining the points of disagreement. A similar negotiation will then follow with the technically qualified consulting firm with the second lowest financial offer, evaluated in accordance with the sub-paragraphs 6.3.1 and 6.3.2, and so on.
7. Negotiations
7.1 Negotiations will be held at the address indicated in the Data Sheet. The aim is to reach at an agreement on all points and sign a contract.
7.2 Negotiations will include a discussion of the Technical Proposal, the proposed methodology (work plan), staffing and any suggestions made by the firm to improve the Terms of Reference. The Client and firm will then work out final Terms of Reference, staffing, and bar charts indicating activities, staff, periods in the field and in the home office, staff-months, logistics, and reporting. The agreed work plan and final Terms of Reference will then be incorporated in the "Description of Services" and form part of the contract. Special attention will be paid to clearly defining the inputs required from the Client to ensure satisfactory implementation of the assignment.
7.3 Having selected the firm on the basis of, among other things, an evaluation of proposed key professional staff, the Client expects to negotiate a contract on the basis of the experts named in the proposal. Before contract negotiations, the Client will require assurances that the experts will be actually available. The Client will not consider substitutions during contract negotiations unless both parties agree that undue delay in the selection process makes such substitution unavoidable or that such changes are critical to meet the objectives of the assignment. In such cases, replacement shall only be allowed with atleast equally qualified and experienced staff. If this is not the case and if it is established that key staff was offered in the proposal without confirming their availability, the firm may be disqualified.
7.4 The financial negotiations will involve neither the remuneration rates for staff nor other proposed unit rates, unless there are exceptional circumstances (e.g. charge rates are not in accordance with the information which the consultants will provide to the Client regarding remuneration rates described in the Appendix attached to Section 4 - Financial Proposal - Standard Forms of this RFP).
7.5 The negotiations will conclude with a review of the draft form of the contract. To complete negotiations the Client and the firm will initial the agreed contract.
8 Award of Contract
8.1 After negotiations are completed, and the contract is signed in line with the above, the Client will promptly notify other consultants with qualifying scores that they were unsuccessful and return the unopened Financial Proposals of those consultants who did not pass the technical evaluation.
8.2 The firm is expected to commence the assignment on the date and at the location specified in the Data Sheet.
9 Confidentiality
9.1 Information relating to evaluation of proposals and recommendations concerning awards shall not be disclosed to the consultants who have submitted their proposals or to other persons not officially concerned with the process, until the winning firm has been notified that it has been awarded the contract.
SECTION - II
DATA SHEET
Clause
Reference
1.1 The name of the Client is: Karachi Port Trust
The method of Technical evaluation shall be based on the rules specified by the Pakistan Engineering Council and the award shall be based on the evaluated least cost as per Public Procurement Rules (2004)
1.2 Technical and Financial Proposals are requested.
The name, objectives and description of the assignment is:
“Appointment of consultants for a technical and financial feasibility study for the setting up of a coal handling system at Karachi Port”.
Technical and Financial proposals must fully comply with the requirements laid out in the Request for Proposals (RFP) and should meet detailed objectives of the scope of work and terms of reference.
1.3 A pre-proposal conference will be held: If requested.
The name(s), address(es), and telephone numbers of the Client's official(s) are:
Traffic Manager,
Karachi Port Trust,
Karachi.
Tele No. 92-21-9214361
Fax No. 92-21-9214329-30
E-mail: tm@kpt.gov.pk
1.4 The Client will provide the following inputs:
In preparation of technical proposal, KPT will allow the consultants the inspection of site, with all existing data, information, studies and reports, available with KPT.
During the execution of the services, KPT, wherever possible, will provide liaison and will ensure the consultants should have access to the relevant record /data available with the KPT for the completion of their assignment. KPT also may assign qualified counterparts from its staff to work with personnel of the consultants for the purpose of the liaison.
1.6.2 The Client envisages the need for continuity for downstream work: No
1.7 The clauses on fraud and corruption in the Contract are: Clause 1.7
2.1 Clarifications may be requested 10 days before the submission date.
The address for requesting clarifications is:
Traffic Manager
Karachi Port Trust, Karachi.
Tele No. 92-21-9214361 Fax No. 92-21-9214329-30
tm@kpt.gov.pk
3.1 Proposals should be submitted in English language
3.2 (i) The assignment is based on Lump Sum price contract in local currency i.e. Pakistan rupees and the amount quoted by the consultants shall be the
lump sum price for the assignment.
(ii) The minimum required qualification / experience of proposed professional staff is:
As mentioned in the criteria para 6.1 below.
(iii) Reports that are part of the assignment must be written in English
3.3 Firms may form an association: YES
3.4 Training is a specific component of this assignment: NO
3.6 Taxes: Taxes as per prevailing Laws of Government of Pakistan. Complete information on taxes to be obtained by the Consultants from the Central Board of Revenue.
3.7 Proposals must remain valid for 90 days after the submission date without change in the methodology, personnel proposed for the assignment, and the price proposed.
4.1 Number of copies of technical and financial proposal:
Technical Proposal: Original + 1 Copy .
Financial Proposal: Original + 1 Copy .
4.4 The proposal submission address is:
Traffic Manager
Karachi Port Trust,
Head Office
Edulgee Dinshaw Road
Karachi - Pakistan
Information on the outer envelope should also include:
Name and Address of Consultant submitting proposal, and name of assignment, with type of proposal as Technical or Financial:
4.5 Proposals must be submitted no later than the following date and time:
23 May 2007 up to 1400
5.1 The address to send information to the Client is:
Traffic Manager
Head Office
Karachi Port Trust,
Eduljee Dinshaw Road,
Karachi -74000. Pakistan
6.1 The number of points to be given under each of the evaluation criteria is: Points
(i) Experience of the consulting firm related to the assignment [30]
(ii) Adequacy of the proposed work plan and methodology in responding
to the Terms of Reference [30]
(iii) Qualifications and competence of the key staff for the Assignment [40]
Total Points: 100
The minimum technical score required to pass is 70 points.
(iv) The estimated number of total professional staff months required for the assignment are:
Key staff months 10-14
|
S. No |
Designation |
Total Staff Months |
|
1 |
Project Manager/cargo handling expert |
3 |
|
2 |
Hydraulic & Coastal Engineer |
2-3 |
|
3 |
Structural Engineer |
1.5 -2.5 |
|
4 |
Equipment Expert |
1.5-2.5 |
|
5 |
Economist |
1-1.5 |
|
6 |
Environmental Expert |
1-1.5 |
|
|
TOTAL |
10-14 Man Months |
Note: The above is only indicative staff-months for key staff. Consultants should propose the key staff month in accordance with their proposed methodology.
Criteria for Technical Evaluation:
|
SN. |
Parameter |
Requirement for scoring |
|
1 |
Assignment Related Experience (30 points) |
|
|
i. |
Port operations (max points 5, min points 3.5 ) |
Satisfactory completion of two planning & feasibility studies of a sizeable port operations project will score 3.5 points. Each additional project will score 0.75 additional point. |
|
ii. |
Bulk cargo handling and conveyance systems (max points 20, min points 14) |
Satisfactory completion of feasibility /design of one sizeable project of bulk cargo handling system will score 14 points. Each additional project will score three additional points. |
|
iii. |
Coal handling and conveyance systems (max points 5, min points 3.5 ) |
Satisfactory completion of one planning & feasibility study of a sizeable coal handling system will score 3.5 points. Each additional project will score 0.75 additional point. |
|
2 |
Adequacy of Proposed Work Plan (30 points) |
|
|
i. |
Approach on methodology and work plan for performing assignment. (max points 15, min points 10.5) |
|
|
Ii |
Innovation in proposing handling systems (max points 8, min points 5.5) |
|
|
iii. |
Adequacy of responding to TORs (max points 7, min points 5) |
|
|
3 |
Qualification and Competence of Personal Proposed for Assignment (40 points) |
|
|
i. |
Project Manager/ Cargo Handling Expert
(max points 10, min points 7) |
a qualified cargo handling expert with 10 years experience in related field having independently prepared two feasibility studies of comparable systems will score 7 points. Additional 1.5 points shall be given for each additional relevant project.
|
|
ii. |
Hydraulic & Coastal Engineer
(max points 7, min points 5) |
a qualified hydraulic/coastal engineer with a post graduate degree having independently prepared two feasibility studies/designs/plans of comparable projects will score 5 points. Additional one point shall be given for each additional relevant project.
|
|
iii. |
Structural Engineer (max points 5, min points 3.5 ) |
a qualified structural engineer with a post graduate degree having independently worked designed one relevant/ comparable port project will score 3.5 points. Additional 0.75 points shall be given for each additional relevant project.
|
|
iv. |
Equipment Expert (max points 8, min points 5.5) |
a qualified mechanical engineer / cargo equipment expert having independent design experience of one comparable cargo handling system will score 5.5 points. Additional 1.75 points shall be given for each additional relevant project.
|
|
v. |
Economist (max points 5, min points 3.5) |
a qualified economist having worked on five sizeable/comparable projects will score 3.5 point. Additional 0.75 points shall be given for each additional relevant project. |
|
vi. |
Environmental Expert (max points 5, min points 3.5)
|
a qualified environmental expert with a post graduate degree having worked on five sizeable/comparable projects will score 3.5 point. Additional 0.75 points shall be given for each additional relevant project |
Note: It is mandatory for each firm to acquire the least passing marks (70%) in each of the above three major criteria.
8.1 The address for negotiations is:
Traffic Manager,
Karachi Port Trust,
Head Office,
Eduljee Dinshaw Road,
Karachi – Pakistan
8.2 The assignment is expected to commence from May/June, 2007.
SECTION III
TECHNICAL PROPOSAL STANDARD FORMS
3A. Technical proposal submission form.
3B. Firm's references.
3C. Firm's comments and suggestions on the Terms of Reference and on data services,
and facilities to be provided by the Client.
3D. Approach paper on methodology and work plan for performing the assignment.
3E. Composition of the team and task(s) of each team member.
3F. Curriculum vitae of proposed professional staff.
3G. Time schedule for professional personnel.
3A. TECHNICAL PROPOSAL SUBMISSION FORM
[Location, Date]
To:
Traffic Manager
Karachi Port Trust
Eduljee Dinshaw Road
Karachi -74000
(Pakistan)
We, the undersigned, offer to provide the consulting services for “Appointment of Consultants for a Technical and Financial Feasibility Study for the Setting Up of a Coal Handling System at Karachi Port”, in accordance with our request for proposal.
We are hereby submitting our Proposal which includes this technical proposal, and a financial proposal sealed under a separate envelope.
If negotiations are held during the period of validity of the Proposal (please insert date ), we undertake to negotiate on the basis of the proposed staff. Our Proposal is binding upon us and subject to the modifications resulting from contract negotiations.
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Authorized Signature:
Name and Title of Signatory:
Name of Firm:
Address:
3B. FIRM'S REFERENCES
Relevant Services Carried Out that Best Illustrate Qualifications.
Using the format below, provide information on each reference assignment for which your firm/entity, either individually as a corporate entity or as one of the major companies within an association, was legally contracted.
|
MAJOR WORK WHICH BEST ILLUSTRATES QUALIFICATION |
|
|
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|
Project Name:
|
Country:
|
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Project Location Within Country:
|
Professional Staff Provided No. of Staff:
|
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Name of Client:
|
No. of Man Months:
|
||||
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Start Date (Month/year):
|
Completion Date. (Month/year):
|
Approx. Value of Services:
|
|||
|
Name of Associated Firm, if any:
|
No. of Man-month of professional staff provided by associated firm:
|
||||
|
Senior Staff Involved and functions performed:
|
|||||
|
Detailed Narrative Description of Project & Services Provided:
|
|||||
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Detailed Description of Actual Services provided by the Company:
|
|||||
3C. COMMENTS AND SUGGESTIONS OF CONSULTANTS ON THE TERMS OF REFERENCE AND ON DATA, SERVICES, AND FACILITIES TO BE PROVIDED BY THE CLIENT
On the Terms of Reference:
1.
2.
3.
4.
5.
On the data, services, and facilities to be provided by the Client
1.
2.
3.
4.
5.
3D. APPROACH PAPER ON METHODOLOGY AND WORK PLAN FOR PERFORMING THE ASSIGNMENT
3E. COMPOSITION OF THE TEAM (PERSONNEL), AND TASK(S) OF EACH TEAM MEMBER
1. Technical/Managerial Staff
Name
Position
Task
2. Support Staff
Name
Position
Task
3F. FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF
Proposed Position: _________________________________________________________________
Name of Firm: _____________________________________________________________________
Name of Staff: _____________________________________________________________________
Profession: ________________________________________________________________________
Date of Birth:______________________________ Nationality: ________________________
Years with Firm/entity: ________________________________________________________________
Membership in Professional Societies: _____________________________________________________
Detailed Tasks Assigned: ______________________________________________________________
Key Qualifications:
[Give an outline of staff member's experience and training most pertinent to tasks on assignment. Describe degree of responsibility held by staff member on relevant previous assignments and give dates and locations.]
________________________________________________________________________
Education:
[Summarize college/university and other specialized education of staff member, giving names of schools, dates attended, and degrees obtained. Use about one quarter of a page.]
________________________________________________________________________
Employment Record:
[Starting with present position, list in reverse order every employment held. List all positions held by staff member since graduation, giving dates, names of employing organizations, titles of positions held, and locations of assignments. Also give types of activities performed and client references, where appropriate.]
________________________________________________________________________
Languages:
[For each language indicate proficiency: excellent, good, fair, or poor; in speaking, reading, and writing ]
________________________________________________________________________
Certification:
I, the undersigned, certify that to the best of my knowledge and belief, these data correctly describe me, my qualifications, and
my experience.
________________________________________________________________________
Date:_____________________
[Signature of staff member and authorized representative of the Firm] Day/Month/Year
Full name of staff member: ______________________________________________
Full name of authorized representative: __________________________________
3G. TIME SCHEDULE FOR PROFESSIONAL PERSONNEL
List of Activities
1
2
3
4
5
WORK PLAN / ACTIVITIES SCHEDULE
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Name |
Position |
Work / Activities |
Monthly Programme from date of assigning ( in the form of a Bar Chart) |
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COMPLETION AND SUBMISSION OF REPORTS
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Reports |
Date: |
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1. Inception Report |
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2. Interim Report |
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3. Draft Feasibility Study |
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4. Final Feasibility Report |
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SECTION – IV
FINANCIAL PROPOSAL SUBMISSION FORMS
4A. Financial proposal submission form.
4B. Summary of costs.
4C. Breakdown of remunerations.
4D. Reimbursable - Direct (Non Salary) Costs.
4E. Provisional Miscellaneous Cost
4F. Break Down of Rates
4G. Break Down of Social Charges
4H. Break down of Over head coats.
4A. FINANCIAL PROPOSAL SUBMISSION FORM
[Location, Date]
To:
Traffic Manager,
Karachi Port Trust
Karachi - Pakistan.
We, the undersigned, offer to provide the consulting services for in accordance with your request for Proposal dated ( ) and our Proposal (technical and financial proposals). Our attached financial proposal is for the sum of [Amount in words and figures].
Our financial proposal shall be binding upon us subject to the modifications resulting from contract negotiations, up to expiration of the validity period of the Proposal, i.e. 90 days.
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Authorized Signature
Name and Title of Signatory:
Name of Firm:
Address:
4B. SUMMARY OF COSTS
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S. No. |
Description |
Amount |
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1 |
Salary Cost / Remunerations |
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2 |
Direct (Non Salary ) Cost |
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3 |
Provisional Miscellaneous Cost |
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4 |
Sub Total |
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5 |
Local Taxes |
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6 |
TOTAL AMOUNT |
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Total Amount of Financial Proposal = Rs. ……………………………….
(Foreign and Local Firm)
(Rupees = ……………………………………)
4C. BREAKDOWN OF PRICE
ESTIMATED SALARY COSTS / REMUNERATION
1. Professional Staff (Technical / Managerial)
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S. No |
Name |
Position |
Staff Months |
Monthly Billing Rate |
Total Estimated (Rs) |
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Sub Total - I |
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II- Non Technical Staff
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S. No |
Name |
Position |
Staff Months |
Monthly Billing Rate |
Total Estimated (Rs) |
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Sub Total - II |
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4D. REIMBURSABLE:
Direct non salary cost for the contract completion period including e.g. rent for office accommodation, utilities, office equipment, transportation, communications, reproduction & reporting etc. given with break down in monthly/lump sum expenditure.
4E. PROVISIONAL MISCELLANEOUS COST
If any.
4F. BREAK DOWN OF RATES
Project ________________________ Firm ________________________
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Name |
Position |
Basic Salary per Cal month |
Social charges (% of 1) |
Overheads (% of 1+2) |
Sub Total (1+2+3) |
Fee (% of 4) |
Rate per month for project office |
Overseas Allow (% of 1) |
Rate per month for field works |
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2 |
3 |
4 |
5 |
6 |
7 |
8
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Notes:
Item No 1 basic Salary shall include actual gross salary before deduction of taxes. Payroll sheet for each proposed personnel should be submitted at the time of negotiations.
Item No. 2 Social Charges shall include Client’s contribution to social security, paid vacations, average sick leave and other standard benefits paid by the company to the employee. Breakdown of proposed percentage charges should be supported (see attachment to appendix to information to Consultants)
Item No.3 Overheads shall include general administration costs, rent, clerical and junior professional staff and business getting expenses, etc. Breakdown of proposed percentage charges for overheads should be submitted and supported (see Attachment to Appendix to Information to Consultants)
Item No.5 Fee shall include company profit and share of partners and directors ( if not billed individually for the project) or indicated in overheads costs of the company.
Item No.7 payable only in case of foreign firm’s staff working in Pakistan.
Full Name:__________________
Signature:____________________
Title:_______________________
4G. BREAK DOWN OF SOCIAL CHARGES
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S. No |
Detailed Description |
As % of Basic Salary |
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4H. BREAK DOWN OF OVERHEADS
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S. No |
Detailed Description |
As % of Basic Salary & Social Charges |
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APPENDIX
TO
INFORMATION TO CONSULTANTS
Financial Negotiations
Breakdown of Remuneration Rates
1. Review of Remuneration Rates
1.1 The remuneration rates for staff are made up of salary, social costs, overheads, fee that is profit, and any premium or allowance paid for assignments away from headquarters. To assist the firm in preparing financial negotiations, a sample form giving a breakdown of rates is attached as 4F in section IV (no financial information should be included in the Technical Proposal). Agreed breakdown sheets shall form part of the negotiated contract.
1.2 The Client is charged with the custody of government funds and is expected to exercise prudence in the expenditure of these funds. The Client is, therefore, concerned with the reasonableness of the firm's Financial Proposal, and, during negotiations, it expects to be able to review audited financial statements backing up the firm's remuneration rates, certified by an independent auditor. The firm shall be prepared to disclose such audited financial statements for the last three years, to substantiate its rates, and accept that its proposed rates and other financial matters are subject to scrutiny. Rate details are discussed below.
(i) Salary
This is the gross regular cash salary paid to the individual in the firm's home office. It shall not contain any premium for work away from headquarters or bonus (except where these are included by law or government regulations).
(ii) Bonus
Bonuses are normally paid out of profits. Because the Client does not wish to make double payments for the same item, staff bonuses shall not normally be included in the rates. Where the consultant's accounting system is such that the percentages of social costs and overheads are based on total revenue, including bonuses, those percentages shall be adjusted downward accordingly. Where national policy requires that 13 months' pay be given for 12 months' work, the profit element need not be adjusted downward. Any discussions on bonuses shall be supported by audited documentation, which shall be treated as confidential.
(iii) Social Costs
Social costs are the costs to the firm of staff's non-monetary benefits. These items include, inter alia, pension, medical and life insurance costs, and the cost of a staff member being sick or on vacation. In this regard, the cost of leave for public holidays is not an acceptable social cost nor is the cost of leave taken during an assignment if no additional staff replacement has been provided. Additional leave taken at the end of an assignment in accordance with the firm's leave policy is acceptable as a social cost.
(iv) Cost of Leave
The principles of calculating the cost of total days leave per annum as a percentage of basic salary shall normally be as follows:
Leave cost as percentage of salary5 = total days leave x 100
[365 - w - ph - v - s]
It is important to note that leave can be considered a social cost only if the Client is not charged for the leave taken.
(v) Overheads
Overhead expenses are the firm's business costs that are not directly related to the execution of the assignment and shall not be reimbursed as separate items under the contract. Typical items are home office costs (partner's time, non billable time, time of senior staff monitoring the project, rent, support staff, research, staff training, marketing, etc.), the cost of the staff not currently employed on revenue-earning projects, and business promotion costs. During negotiations, audited financial statements, certified as correct by an independent auditor and supporting the last three years' overheads, shall be available for discussion, together with detailed lists of items making up the overheads and the percentage by which each relates to basic salary. The Client does not accept an add-on margin for social charges, overhead expenses, etc., for staff who are no permanent employees of the firm. In such case, the firm shall be entitled only to administrative costs and fee on the monthly payments charged for subcontracted staff.
(vi) Fee or Profit
The fee or profit shall be based on the sum of the salary, social costs, and overhead. If any bonuses paid on a regular basis are listed, a corresponding reduction in the profit element shall be expected. Fee or profit shall not be allowed on travel or other reimbursable expenses, unless in the latter case an unusually large amount of procurement of equipment is required. The firm shall note that payments shall be made against an agreed estimated payment schedule as described in the draft form of the contract.
________________________
5 Where w = weekends, ph = public holidays, v = vacation, and s = sick leave.
2. Reimbursable
2.1 The financial negotiations shall further focus on such items as out-of-pocket expenses and other reimbursable. These costs may include, but are not restricted to, cost of surveys, equipment, office rent, supplies, international and local travel, computer rental, mobilization and demobilization, insurance, and printing. These costs may be either fixed or reimbursable in local currency.
3. Bank Guarantee
3.1 Payments to the firm, including payment of any advance based on cash flow projections covered by a bank guarantee, shall be made according to an agreed estimated schedule ensuring the firm regular payments in local currency, as long as the services proceed as planned.
PROJECT TITLE: ______________________________________________________________________________________________
CONSULTING FIRM (Name): ___________________________________________________________________________________
BREAK DOWN OF AGREED FIXED RATES IN
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Name |
Position |
Basic Salary per Working Month
|
Social Charges
% of 1 |
Overhead
% of 1 |
Subtotal |
Fee
% of 4 |
Agreed Fixed Rate per Working Day
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Agreed Fixed Rate
as % of 1
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1. |
2. |
3. |
4. |
5. |
6. |
7. |
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SECTION – V
SCOPE OF WORK AND TERMS OF REFERENCE
Technical and Financial Feasibility Study for Setting up of a Coal Handling System at Karachi Port
1. Background
1.1 Karachi Port Trust (KPT) is a semi-government autonomous body in charge of the Karachi Port. The Karachi Port is the premier port of Pakistan having a variety of port facilities for safe and efficient handling of ships and cargoes. KPT is financially strong and owns variety of movable and immovable property from port operational equipment and crafts to buildings and marine structures.
1.2 KPT handles more than 32 million tons of cargo each year out of which 2-3 Million tons is imported Coal. The potential growth rate is expected to be around 10 % per annum.
1.3 To meet the demand of handling the large future imports of coal, KPT intends to modernise its existing available coal handling facilities. The overall coal handling from ship discharging to stacking and delivery, needs to be urgently upgraded through high speed mechanization, which at the same time must be cost effective and most important of all must be fully environmentally friendly.
2. Scope of Work
2.1 The consultants shall be required to evaluate various technically and financially feasible options for improvement of the existing facilities of coal handling at berths 2 and 3. The study shall encompass the trends and projections of the trade data, and cost and operations effectiveness in determining analyzing various options. Pollution control and mitigations shall be a major aspect of the analysis.
2.2 Scope of work is broadly given as:
a. Analysis of the Installation of an efficient environment friendly (zero pollution) high rate discharging system for imported coal from ship berthed at berth 2 and 3 at East Wharf.
b. Provision of mechanical pollution free (zero pollution) transfer of coal from the discharging point to KPT coal yard next to KGCC.
c. Efficient, economical, and pollution free stacking system in coal storage area.
d. Efficient, economical, and pollution free reclaiming system from storage stacks for delivery.
e. An efficient and pollution free delivery system through road transport .
f. The entire system has to be cost effective keeping in mind the volumes and growth rates.
3. Terms of Reference
3.1 Collection of all available data including site plans, structural drawings of berths 2&3, information of stacking area, historic coal handling data, existing projections for coal handling, current port development plans, meteorological data, hydraulic data, wave climate and hydrological data, and other relevant information.
3.2 Projections for coal handling volumes for the next 20 years in high and low projection scenarios, taking into account but not limited to:
a. existing port development plans including the cargo village development,
b. dimensions of current and projected cargo carrying vessels,
c. national trade projections,
d. national energy consumption plans,
f. trade pattern with seasonal demands and vessel bunching,
e. inputs from traders/coal importers.
3.3 Analysis of the site attributes, which shall include but would not be limited to:
a. available berth area and quay wall length,
b. available draught,
c. location, configuration and geotechnical strength of stacking area,
d. topological attributes of the connectivity,
e. structural strength of berths,
f. environmental concerns at berths, connectivity route and stacking area.
3.4 Meteorological and hydraulic analysis including wave action specially during monsoons, in the context of exposure and stability of the berthed vessel to tidal action, winds, waves and currents.
3.5 Identification of the latest, most efficient, cost effective and pollution free coal handling systems in the perspective of the above considerations. The system would cover:
a. discharging,
b. conveying,
c. stacking,
d. reclaiming & delivery system through road and railway wagon.
3.6 Detailed analysis of various options of technically suitable handling systems. The desired parameters would include, but not be limited to:
a. shortest possible conveyance route,
b. least number of transfer points,
c. zero pollution,
d. optimum discharge rate,
e. optimum transfer rate,
f. optimum stacking rate,
g. optimum reclaiming and delivery rate,
h. transferability of equipment to a new site,
i. minimum possible system operating cost,
j. minimum maintenance requirements.
3.7 The proposed feasibility is required to improve upon the existing coal handling arrangements on berths 2-3, until the ultimate development of the coal handling terminals in cargo village. Fungibility / utility of the system for a possible transfer shall also be explored.
3.8 Analysis of each of the options in the perspective of the operating parameters, including but not limited to:
a. mechanical/civil layout and requirements,
b. operational efficiency,
c. operating cost in the perspective of the existing coal handling cost,
d. detailed cost analysis for the setting up of the system including operation
and maintenance cost,
e. financial analysis of the setting up and operation of the identified systems.
f. comparative analyses of current and proposed system.
g. environmental impact assessment.
3.9 Recommendation for the best option with comparative analyses of operating efficiency, cost effectiveness and environmental impacts.
3.10 Reporting Requirements
a. Inception Report (collected data, data projections, site analysis, available options, etc.)
b. interim Report: (data analyses, short listed options, with technical feasibility drawings and broad cost estimates)
c. draft feasibility report (detailed technical and financial analyses, with recommended options)
d. final report. (after incorporating the comments of the Client).
STANDARD FORM OF CONTRACT
between
KARACHI PORT TRUST
and
_____________________________________________
for
____________________________(BRIEF SCOPE OF SERVICES)
OF ___________________________________ (NAME OF PROJECT)
________________________
Month and Year
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1. |
43 |
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II. |
45 |
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1. |
45 |
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1.1 |
45 |
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1.2 |
46 |
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1.3 |
46 |
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1.4 |
46 |
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1.5 |
46 |
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1.6 |
46 |
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1.7 |
47 |
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1.8 |
47 |
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2. |
COMMENCEMENT, COMPLETION, MODIFICATION, AND TERMINATION OF CONTRACT |
47 |
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2.1 |
47 |
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2.2 |
47 |
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2.3 |
47 |
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2.4 |
47 |
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2.5 |
48 |
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2.6 |
48 |
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2.7 |
48 |
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2.7.1 |
48 |
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2.7.2 |
48 |
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2.7.3 |
49 |
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2.7.4 |
49 |
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2.8 |
49 |
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2.9 |
49 |
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2.9.1 |
49 |
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2.9.2 |
50 |
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2.9.3 |
50 |
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2.9.4 |
51 |
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2.9.5 |
51 |
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3. |
OBLIGATIONS OF THE CONSULTANTS |
51 |
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3.1 |
General |
51 |
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3.2 |
Consultants Not to Benefit from Commissions, Discounts, etc. |
51 |
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3.3 |
Confidentiality |
52 |
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3.4 |
Liability of the Consultants |
52 |
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3.5 |
Other Insurance to be Taken out by the Consultants |
53 |
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3.6 |
Consultants’ Actions Requiring Client’s Prior Approval |
53 |
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3.7 |
Reporting Obligations |
53 |
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3.8 |
Documents Prepared by the Consultants to be the Property of the Client. |
53 |
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3.9 |
Equipment and Materials furnished by the Client |
53 |
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3.10 |
Accounting, Inspection and Auditing |
54 |
[Notes: 1. Use this Form of Contract when the Consultants perform services as Sole Consultants.
2. In case the Consultants perform Services as a Member of the joint venture, use the Form included at the end.
3. All notes should be deleted in the final text.]
This CONTRACT (hereinafter called the “Contract”) is made the ______________ day of the month of ___________ (year) ____, between, on the one hand, _________________________________________________________________________________________________________________________
(hereinafter called the “Client” which expression shall include the successors, legal representatives and permitted assigns).
(a) the Client has requested the Consultants to provide certain consulting services as defined in the General Conditions of Contract attached to this Contract (hereinafter called the “Services”); and
(b) the Consultants, having represented to the Client that they have the required professional skills, and personnel and technical resources, have agreed to provide the Services on the terms and conditions set forth in this Contract;
NOW THEREFORE the Parties hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an integral part of this Contract:
(a) the General Conditions of Contract;
(b) the Special Conditions of Contract;
(c) the following Appendices:
[Note: If any of these Appendices are not used, the words “Not Used” should be inserted below/next to the title of the Appendix and on the sheet attached hereto carrying the title of that Appendix.]
Appendix A : Description of the Services
Appendix B : Reporting Requirements
Appendix C : Key Personnel and Sub-consultants
Appendix D : Breakdown of Contract Price in Foreign Currency
Appendix E : Breakdown of Contract Price in Local Currency
Appendix F : Services & Facilities to be Provided by the Client
2. The mutual rights and obligations of the Client and the Consultants shall be as set forth in the Contract, in particular:
(a) the Consultants shall carry out the Services in accordance with the provisions of the Contract; and
(b) the Client shall make payments to the Consultants in accordance with the provisions of the Contract
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their respective names in two identical counterparts, each of which shall be deemed as the original, as of the day and year first above written.
For and on behalf of
______________________
(CLIENT)
Witness
Signatures___________________ Signatures _________________
Name ______________________ Name _____________________
Title _______________________ Title ______________________
Seal
For and on behalf of
__________________________
(CONSULTANTS)
Witness
Signature___________________ Signature ___________________
Name _____________________ Name ______________________
Title ______________________ Title _______________________
Seal
Unless the context otherwise requires, the following terms whenever used in this Contract have the following meanings:
(a) “Applicable Law” means the laws and any other instruments having the force of law in the Islamic Republic of Pakistan, as those may be issued and in force from time to time;
(b) “Contract” means the Contract signed by the parties, to which these General Conditions of Contract (GC) are attached, together with all the documents listed in Clause 1 of such signed Contract;
(c) “Contract Price” means the price to be paid for the performance of the Services, in accordance with Clause 6;
(d) “Effective Date” means the date on which this Contract comes into force and effect pursuant to Clause 2.1.
(e) “GC” means these General Conditions of Contract;
(f) “Government” means the Government of the Islamic Republic of Pakistan and/or Provincial Government(s);
(g) “Foreign Currency” means currency other than the currency of Islamic Republic of Pakistan.
(h) “Local Currency” means currency of the Islamic Republic of Pakistan;
(i) “Member” in case the Consultants consist of a joint venture of more than one entity, means any of the entities, and “Members” means all of these entities;
(j) “Party” means the Client or the Consultants, as the case may be, and “Parties” means both of them;
(k) “Personnel” means persons hired by the Consultants or by any Sub-consultant as employees and assigned to the performance of the Services or any part thereof;
(l) “SC” means the Special Conditions of Contract by which the GC are amended or supplemented;
(m) “Services” means the work to be performed by the Consultants pursuant to this Contract, as described in Appendix A;
(n) “Sub-consultant” means any entity to which the Consultants sub-contract ay part of the Services in accordance with the provisions of Clause 3.6; and
(o) “Third Party” means any person or entity other than the Client, the Consultants or a Sub-consultant.
(p) “Project” means the work specified in SC for which engineering consultancy services desired.
1.2 Law Governing the Contract
This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by the Applicable Law.
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.
Any notice, request, or consent made pursuant to this Contract shall be in writing and shall be deemed to have been made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent by registered mail, telex, or facsimile to such Party at the address of the 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.
The Services shall be performed at such locations as are specified in Appendix-A and, where the location of a particular task is not so specified, at such locations as mutually agreed by the Parties.
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.
Unless specified in the SC, the Consultants, Sub-consultants, and their Personnel shall pay such taxes, duties, fees, and other impositions as may be levied under the Applicable Law, the amount of which is deemed to have been included in the Contract Price.
In case the Consultants consist of a joint venture of more than one entity, the Consultants shall be jointly and severally bound to the Client for fulfillment of the terms of the Contract and designate the Member named in the SC to act as leader of the Joint Venture, for the purpose of receiving instructions from the Client.
2. COMMENCEMENT, COMPLETION, MODIFICATION, AND TERMINATION 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, listed in the SC have been met.
2.2 Termination of Contract for Failure to Become Effective
If this Contract has not become effective within such time period after the date of the Contract signed by the Parties as shall be specified in the SC, either Party may, by not less than 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 request of the other Party.
The Consultants shall begin carrying out the Services at the end of such time period after the Effective Date as shall be specified in the SC.
Unless terminated earlier pursuant to Clause 2.9, this Contract shall expire when, pursuant to the provisions hereof, the Services have been completed and the payments of remunerations including the direct costs if any, have been made. The Services shall be completed within a period as is specified in the SC, or such extended time as may be allowed under Clause 2.6. The term “completion of services” is as specified in the SC.
Modification of the terms and conditions of this Contract, including any modification of the scope of the Services or of the Contract Price, may only be made in writing, which shall be signed by both the Parties.
2.6 Extension of Time for Completion
If the scope or duration of the Services is increased:
(a) the Consultants shall inform the Client of the circumstances and probable effects;
(b) the increase shall be regarded as Additional Services; and
(c) the Client shall extend the time for completion of the Services accordingly.
(a) For the purposes of this Contract, “Force Majeure” means an event which is beyond the reasonable control of a Party and which makes a Party’s performance of its obligations under the Contract impossible or so impractical as to be considered impossible under the circumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other industrial actions are within the power of the Party invoking Force Majeure to prevent), confiscation or any other action by government agencies.
(b) Force Majeure shall not include (i) any event which is caused by the negligence or intentional action of a Party or such Party’s Sub consultants or agents or employees, nor (ii) any event which a diligent Party could reasonably have been expected to both (A) take into account at the time of the conclusion of this Contract and (B) avoid or overcome in the carrying out of its obligations hereunder.
(c) Force Majeure shall not include insufficiency of fund