Beruflich Dokumente
Kultur Dokumente
1. M/S Orient Towers Ltd., 26 KM Multan Road, Lahore, Pakistan, “The Employer” has
arranged funds from their sources, towards the cost of construction of Orient Square
Hotel, Trade & Finance Centre, Near Expo Centre, M.A.Johar Town, Lahore, Pakistan
and it is intended that the funds will be utilized to make eligible payments under the
Contract for the aforesaid construction work. Bidding is open to all eligible/ pre-
qualified Bidders.
2. The Employer invites sealed bids from eligible/pre-qualified firms or persons licensed
by the Pakistan Engineering Council in the appropriate category for the Works.
3. Bidders may obtain further information from, inspect at and acquire the Bidding
Documents from the Office of the Employer, at
5. All bids must be accompanied by a Bid Security in the amount equivalent to 2% (two
percent) of the total Bid Price and must be delivered to the address given in Para 3
above before 4:00 PM, on _____March 2019.
The Orient Square Hotel is a high rise building which is 150.4 meters tall, consist of 4
Basements, Ground + 42 floors. Parking and Plant room is provided at 3 basements.
Ballroom, Banquet, Spa, Gymnasium, All day dining, VIP Executive Lounge facilities
are provided. There are number of Junior suites, Deluxe rooms and Penthouse Suites in
hotel. Pakistani & Cantonese Restaurant services are provided at the roof of the hotel.
Plant room setup are on 2 floors.
7. Scope Of Work
ii) Design and costruction of shoring piles on one side of plot for Excavation
Support system with Anchorage system.
The work covered by these specifications consists of furnishing all plant, labor,
equipment, appliances and materials and performing all operations in connection with
the execution of bored reinforced concrete cast-in-place piles complete and in strict
accordance with these Specifications and the applicable drawings and subject to the
terms and conditions of the contract. The Contractor shall plan and execute work
without endangering the safety of existing buildings and road.
INSTRUCTIONS
TO BIDDERS
INSTRUCTIONS TO BIDDERS
A. GENERAL
1.1 The Employer as defined in the Bidding Data hereinafter called “The Employer” wishes
to receive bids for the construction and completion of works as described in these
Bidding Documents, and summarized in the Bidding Data hereinafter referred to as the
“Works”.
1.2 The successful bidder will be expected to complete the Works within the time specified
in Appendix-A to Bid.
2.1 The Employer has arranged funds from their sources, which will be applied towards
the total cost of the project specified in the Bidding Data. All eligible payments under
the Contract will be made from the aforesaid funds.
3.1 This Invitation for Bids is open to the bidders as invited meeting the following
requirements:
4.1 The bidders shall bear all costs associated with the preparation and submission of their
respective bids and bidders will not be reimbursed for costs of any kind whatsoever
incurred in connection with preparation and submission of the Bid.
5.1 Contractor shall inspect and examine the Site and surroundings and shall satisfy itself
before submitting his Bid as to the nature of the ground, the hydrological and
climatologically conditions, the forms and nature of the Site, the quantities and nature
of the Work and materials necessary for the completion of the Work, and the means of
access to the Site, the accommodations he may require, and in general, shall himself
obtain all necessary information as to risks, contingencies and other circumstances
which may influence or affect his Bid.
B. BIDDING DOCUMENTS
6.1 The Bidding Documents, in addition to invitation for bids, are those stated below and
should be read in conjunction with any Addenda issued in accordance with Clause IB.8.
Volume - I
1. Instructions to Bidders.
2. Bidding Data.
3. Form of Bid
4. Appendices to Bid.
Appendix – A: Special Stipulations
Appendix – B: Foreign Currency Requirements
Appendix – C: Price Adjustment (Under Clause 70)
Appendix – D: Bill Of Quantities (Volume-III – Bill Of Quantities)
Appendix – E: Proposed Construction Schedule
Appendix – F: Method Of Performing the Work
Appendix – G: List Of Major Equipment – Related Items
Appendix – H: Construction Camp and Housing Facilities
Appendix – I: List Of Subcontractors
Appendix – J: Estimated Progress Payments
Appendix - K: Organization Chart of the Supervisory Staff and Labour
Appendix – L: Estimated Schedules Of Quantities / Billing
5. Forms
- Form of Bid Security.
- Form of Performance Security
- Form of Contract Agreement.
- Form of Mobilization Advance Guarantee/Bond.
6. General Conditions of Contract, Part-I (GCC).
7. Particular Conditions of Contract, Part-II (PCC).
8. Specifications – Special Provisions.
9. Affidavit
10. Addenda (If Any)
Volume - II
Specifications - Technical Provisions.
Volume - III
Bill Of Quantities.
Volume - IV
Drawings.
6.2 The bidders are expected to examine carefully the contents of all the above documents.
Failure to comply with the requirements of bid submission will be at the Bidder’s own
risk. Pursuant to Clause IB.22.4, bids which are not substantially responsive to the
requirements of the Bidding Documents will be rejected.
7.1 Any prospective bidder requiring any clarification (s) in respect of the Bidding
Documents may notify the Employer in writing at the Employer’s address indicated in
the Invitation for Bids at least 7 days prior to deadline. The Employer will respond to
any request for clarification which he receives earlier than 05 days prior to the deadline
for submission of bids.
Copies of the Employer’s response will be forwarded to all purchasers of the Bidding
Documents, including a description of the enquiry but without identifying its source.
8.1 At any time prior to the deadline for submission of bids, the Employer may, for any
reason, whether at his own initiative or in response to a clarification requested by a
prospective bidder, modify the Bidding Documents by issuing addendum.
8.2 Any addendum thus issued shall be part of the Bidding Documents pursuant to Sub-
Clause 7.1 hereof and shall be communicated in writing to all purchasers of the Bidding
Documents. Prospective bidders shall acknowledge receipt of each addendum in
writing to the Employer.
8.3 To afford prospective bidders reasonable time in which to take an addendum into
account in preparing their bids, the Employer may extend the deadline for submission
of bids in accordance with Clause IB.19.
8.4 Oral Clarification: Oral clarifications, instructions or modifications will not be binding
on the Employer or their Representative.
C. PREPARATION OF BIDS
(a) submit a written power of attorney authorizing the signatory of the bid to act for
and on behalf of the bidder;
(b) submit an Affidavit with his signature and seal confirming acceptance of all the
conditions as laid down in the Bid Documents.
10.2 Bidders shall also submit proposals of work methods and schedule, in sufficient detail
to demonstrate the adequacy of the Bidders’ proposals to meet the technical
specifications and the completion time referred to in Sub-Clause 1.2 hereof.
11.1 Unless stated otherwise in the Bidding Documents, the Contract shall be for the whole
of the Works as described in Sub-Clause 1.1 hereof, based on the unit rates and / or
prices submitted by the bidder.
11.2 The bidders shall fill in rates and prices for all items of the Works described in the Bill
of Quantities. Items against which no rate or price is entered by a bidder will not be
paid for by the Employer when executed and shall be deemed covered by rates and
prices for other items in the Bill of Quantities.
11.3 All duties, taxes and other levies payable by the Contractor under the Contract, or for
any other cause, as on the date 7 days prior to the deadline for submission of bids shall
be included in the rates and prices and the total Bid Price submitted by a bidder.
12.1 The unit rates and the prices shall be quoted by the bidder entirely in Pak Rupees.
12.2 All payments shall be made in local currency only against application for payments
submitted by the Contractor, under the Contract.
13.1 Bids shall remain valid for the period stipulated in the Bidding Data after the Date of
Bid Opening.
13.2 In exceptional circumstances, prior to expiry of the original bid validity period, the
Employer may request that the bidders extend the period of validity for a specified
additional period which shall in no case be more than the original bid validity period.
The request and the responses thereto shall be made in writing. A bidder may refuse the
request without forfeiting his Bid Security. A bidder agreeing to the request will not be
required or permitted to modify his bid, but will be required to extend the validity of
his Bid Security for the period of the extension, and in compliance with Clause IB.14
in all respects.
14.1 Each bidder shall furnish, as part of his bid, a Bid Security in the amount stipulated in
the Bidding Data in Pak Rupees.
14.2 The Bid Security shall be, at the option of the bidder, in the form of Deposit at Call or
a Bank Guarantee issued by a Scheduled Bank in Pakistan or from a foreign bank duly
counter guaranteed by a Scheduled Bank in Pakistan or an insurance company having
at least AA Rating from PACRA/JCR in favor of the Employer valid for a period of 90
days beyond the Bid Validity date.
14.3 Any bid not accompanied by an acceptable Bid Security shall be rejected by the
Employer as non-responsive.
14.4 The bid securities of unsuccessful bidders will be returned as promptly as possible, but
not later than 90 days after the expiration of the period of Bid Validity.
14.5 The Bid Security of the successful bidder will be returned when the bidder has furnished
the required Performance Security and signed the Contract Agreement.
(b) if the bidder does not accept the correction of his Bid Price pursuant to Sub-
Clause 22.5 hereof; or
(c) In the case of successful bidder, if he fails within the specified time limit to:
(i) furnish the required Performance Security; or
(ii) sign the Contract Agreement.
15.1 Should any bidder consider that he can offer any advantages to the Employer by a
modification to the designs, specifications or other conditions, he may, in addition to
his bid to be submitted in strict compliance with the Bidding Documents, submit any
Alternate Proposal(s) containing (a) relevant design calculations; (b) technical
specifications; (c) proposed construction methodology; and (d) any other relevant
details / conditions, provided always that the total sum entered on the Form of Bid shall
be that which represents complete compliance with the Bidding Documents.
16.1 The Employer may, on his own motion or at the request of any prospective bidder(s),
hold a pre-bid meeting to clarify issues and to answer any questions on matters related
to the Bidding Documents. The date, time and venue of pre-bid meeting, if convened,
would be notified. All prospective bidders or their authorized representatives shall be
invited to attend such a pre-bid meeting (if held).
IB.17 Format and Signing of Bid
17.1 Bidders are particularly directed that the amount entered on the Form of Bid shall be
for performing the Contract strictly in accordance with the Bidding Documents.
17.3 No alteration is to be made in the Form of Bid nor in the Appendices thereto except in
filling up the blanks as directed. If any such alterations be made or if these instructions
be not fully complied with, the bid may be rejected.
17.4 Each bidder shall prepare by filling out the forms completely and without alterations
one (1) original and number of copies, specified in the Bidding Data, of the documents
comprising the bid as described in Clause IB.7 and clearly mark them “ORIGINAL”
and ‘COPY” as appropriate. In the event of discrepancy between them, the original
shall prevail.
17.5 The original and all copies of the bid shall be typed or written in indelible ink (in the
case of copies, Photostats are also acceptable) and shall be signed by a person or persons
duly authorized to sign on behalf of the bidder pursuant to Sub- Clause 10.1(a) hereof.
All pages of the bid shall be initialed and stamped by the person or persons signing the
bid.
17.6 The bid shall contain no alterations, omissions or additions, except to comply with
instructions issued by the Employer, or as are necessary to correct errors made by the
bidder, in which case such corrections shall be initialed by the person or persons signing
the bid.
17.7 Bidders shall indicate in the space provided in the Form of Bid their full and proper
addresses at which notices may be legally served on them and to which all
correspondence in connection with their bids and the Contract is to be sent.
17.8 Bidders should retain a copy of the Bidding Documents as their file copy.
D. SUBMISSION OF BIDS
(a) ORIGINAL and each copy of the Bid shall be separately sealed and put
in separate envelopes and marked as such.
(b) The envelopes containing the ORIGINAL and copies will be put in one
sealed envelope and addressed / identified as given in Sub- Clause 18.2
hereof.
(c) Bidder is required to provide with his Bid, a soft copy of the Bill of
Quantities, duly filled with quoted rates of Bidder. The soft copy shall
only be for evaluation purposes. In case of any discrepancies
between the hard copy and the soft copy provided by Bidder, the
Original hard copy, duly signed and stamped by Bidder shall prevail.
(b) bear the name and identification number of the contract as defined in
the Bidding Data; and
(c) provide a warning not to open before the time and date for bid opening,
as specified in the Bidding Data.
18.3 In addition to the identification required in Sub- Clause 18.2 hereof, the inner
envelope shall indicate the name and address of the bidder to enable the bid to
be returned unopened in case it is declared “late” pursuant to Clause IB.20.
18.4 If the outer envelope is not sealed and marked as above, the Employer will
assume no responsibility for the misplacement or premature opening of the Bid.
19.1 (a) Bids must be received by the Employer at the address specified no later
than the time and date stipulated in the Bidding Data.
(b) Bids with charges payable will not be accepted, nor will arrangements
be undertaken to collect the bids from any delivery point other than that
specified above. Bidders shall bear all expenses incurred in the
preparation and delivery of bids. No claims will be entertained for
refund of such expenses.
19.2 The Employer may, at his discretion, extend the deadline for submission of bids
by issuing an amendment in accordance with Clause IB.8, in which case all
rights and obligations of the Employer and the bidders previously subject to the
original deadline will thereafter be subject to the deadline as extended.
20.1 (a) Any bid received by the Employer after the deadline for submission of
bids prescribed in Clause IB.19 will be returned unopened to such
bidder.
(b) Delays in the mail, delays of person in transit, or delivery of a bid to the
wrong office shall not be accepted as an excuse for failure to deliver a
bid at the proper place and time. It shall be the bidder’s responsibility to
determine the manner in which timely delivery of his bid will be
accomplished either in person, by messenger or by mail.
21.1 Any bidder may modify, substitute or withdraw his bid after bid submission
provided that the modification, substitution or written notice of withdrawal is
received by the Employer prior to the deadline for submission of bids.
21.2 The modification, substitution, or notice for withdrawal of any bid shall be
prepared, sealed, marked and delivered in accordance with the provisions of
Clause IB.19 with the outer and inner envelopes additionally marked
“MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL” as
appropriate.
21.3 No bid may be modified by a bidder after the deadline for submission of bids
except in accordance with Sub-Clauses 21.1 and 22.6.
21.4 Withdrawal of a bid during the interval between the deadline for submission of
bids and the expiration of the period of bid validity specified in the Form of Bid
may result in forfeiture of the Bid Security in pursuance to Clause IB.14.
E. EVALUATION OF BID
22.1 To assist in the examination & evaluation of Bid, the Employer may ask
Contractor for clarification of his Bid, including break-downs of unit rates. The
request for clarification and the response shall be in writing, but no change in
the price or substance of a Bid shall be sought, offered or permitted except as
required to confirm the correction of arithmetical errors discovered by the
Employer during the evaluation of the Bid.
Prior to the detailed evaluation of Bid, the Employer will determine whether
Bid is substantially responsive to the requirements of the Bid Documents.
a. which has been properly initialed and stamped on all pages and signed
and stamped on last page of the Form of Bid, by a duly authorized
representative of Contractor
b) where there is a discrepancy between the unit rate and the total
amount derived from the multiplication of the unit rate and the
quantity, the unit rate as quoted will govern, unless in the opinion of
the Employer there is an obviously gross misplacement of the
decimal point in the unit rate, in which event the total amount as
quoted will govern and the unit rate will be corrected.
The amount stated in the Form of Bid will be adjusted by the Employer in
accordance with the above procedure for the correction of errors and shall
be considered as binding upon Contractor. If Contractor does not accept the
corrected amount of Bid his Bid will be rejected and the Bid Security will
be forfeited.
F. AWARD OF CONTRACT
IB.23 Award
23.1 Subject to sub clause (IB-23.2) hereof, the Employer will award the Contract
Within seven (7) calendar days after receipt of written acceptance of his Bid,
Contractor shall send to Orient Towers Ltd., Lahore, Pakistan a
representative or representatives having a power of attorney, for the purpose
of Execution of the Contract.
24.1 The successful bidder shall furnish to the Employer a Performance Security in
the form and the amount stipulated in the Bidding Data and the Conditions of
Contract within a period of 7 days after the receipt of Letter of Acceptance.
24.2 Failure of the successful bidder to comply with the requirements of Sub-Clause
IB.24 or Clauses IB.25 shall constitute sufficient grounds for the annulment of
the award and forfeiture of the Bid Security.
25.1 Within 7 days from the date of furnishing of acceptable Performance Security
under the Conditions of Contract, the Employer will send the successful bidder
the Contract Agreement in the form provided in the Bidding Documents,
incorporating all agreements between the parties.
25.2 The formal Agreement between the Employer and the successful bidder shall
be executed within 7 days of the receipt of the Contract Agreement by the
successful bidder from the Employer.
The Employer reserves the right to obtain information regarding performance of the
bidders on their previously awarded contracts/works. The Employer may in case of
consistent poor performance of any Bidder as reported by the employers of the
previously awarded contracts, interlaid, reject his bid.
Employer reserves the right to accept or reject any or all bids with out assigning any
reason.
Bids shall be prepared and submitted in accordance with these Instructions which are
provided to assist bidders in preparing their bids, and do not constitute part of the Bid
or the Contract Documents.
BIDDING DATA
Bidding Data
English.
The bidder would submit a technical proposal in sufficient detail to demonstrate the
adequacy of the bid in meeting requirements for timely completion of the Works.
Minimum 2% (two percent) of the total bid price, in the form of a Pay order/ Demand
Draft payable to the Orient Towers Ltd, 26 KM, Multan Road, Lahore or in the form of
a Deposit at call from a schedule bank.
Contract # Pacakage – 02
32.1 Standard form and amount of Performance Security acceptable to the Employer:
Performance Bond in the form of a bank guarantee from a schedule bank for an amount
equal to 10 % (Ten percent) of the Contract Price.
FORM OF BID
AND
APPENDICES TO BID
FORM OF BID
To:
Dear Sir,
2. We understand that all the Appendices attached hereto form part of this Bid.
3. As security for due performance of the undertakings and obligations of this Bid, we
submit herewith a Bid Security in the amount of Rupees
_____________________________________________________________________
(Rs. ______________________) drawn in your favor or made payable to you and valid
for a period of 90 days beginning from the date Bids are opened.
4. We undertake, if our Bid is accepted, to commence the Works and to complete the
whole of the Works comprised in the Contract within the time stated in Appendix-A to
Bid.
5. We agree to abide by this Bid for the period of 90 days from the date fixed for receiving
the same and it shall remain binding upon us and may be accepted at any time before
the expiration of that period.
6. Unless and until a formal Agreement is prepared and executed, this Bid, together with
your written acceptance thereof, shall constitute a binding contract between us.
7. We do hereby declare that the Bid is made without any collusion, comparison of figures
or arrangement with any other bidder for the Works.
8. We understand that you are not bound to accept the lowest or any Bid you may receive.
Signature: ________________________
Name: ________________________________
________________________________________________________
(Name of Bidder in Block Capitals)
(Seal)
Address:___________________________________________________________
__________________________________________________________________
__________________________________________________________________
Witness:
Signature: _____________________________
Name: ________________________________
Address.____________________________________________________________________
Occupation__________________________________________________________________
Appendix-A to Bid
SPECIAL STIPULATIONS
Clause
Conditions of Contract
1. Engineer’s Authority to issue 2.1 2% of the Contract Price stated in the Letter of
Variation in emergency Acceptance.
2. Amount of Performance Security 10.1 10% of Contract Price stated in the Letter of
Acceptance.
3. Time for Furnishing Programme 14.1 Within 07 days from the date of receipt of Letter of
Acceptance.
4. Minimum amount of Third Party 23.2 Rs. 500,000 per occurrence with number of
Insurance occurrences unlimited.
5. Time for Commencement 41.1 Within 07 days from the date of receipt of Letter of
Acceptance.
6. Time for Completion 43.1 3 months from the date of Letter of Acceptance.
48.2
7. Amount of Liquidated Damages 47.1 Liquidated damages for delay are at the rate of 0.05
percent per day up to maximum of five (5) percent
of Contract Price.
8. Defects Liability Period 49.1 12 months from the effective date of Taking Over
Certificate.
9. Valuation of variation 52.1 Contractor’s markup on all additional / extra items
will be 10% + taxes.
10. Percentage of Retention Money 60.2 5 % of the amount of Interim Payment Certificate.
11. Limit of Retention Money 60.2 Five (05) percent of the Contract Price and value of
any variations pursuant to Clause 52.
12. Minimum amount of Interim Payment 60.2 5% ( five percent) of total contract amount
Certificates (Running Bills)
13. Time of Payment from delivery of 60.10 45 days.
Quantity Surveyor’s Interim Payment
Certificate to the Employer.
14. Financial Assistance to the 60.12 Mobilization advance as per clause 60.12 of the
Contractor. condition of contract.
Appendix-B to Bid
1. The Bidder may indicate here in below his requirements of foreign currency (if any),
with reference to various inputs to the Works.
Appendix-C To Bid
The source of indices and the weightages or coefficients for use in the adjustment
formula under Clause 70 shall be as follows:
Total
Notes:
1) index for “(ii)” to “(vii)” are taken from the Government of Pakistan Federal Bureau of
Statistics, Monthly Statistical Bulletin. The base cost indices or prices shall be those
applying 28 days prior to the latest day for submission of bids. Current indices or prices
shall be those applying 28 days prior to the last day of the billing period.
2) Any fluctuation in the indices or prices of materials other than those given above shall
not be subject to adjustment of the Contract Price.
Appendix-D to Bid
BILL OF QUANTITIES
A. Work Items
Appendix-E to Bid
Pursuant to Sub-Clause 43.1 of the General Conditions of Contract, the Works shall be
completed on or before the date stated in Appendix-A to Bid. The Bidder shall provide as
Appendix-E to Bid, the Construction Schedule in the bar chart (CPM, PERT or any other to be
specified herein) showing the sequence of work items and the period of time during which he
proposes to complete each work item in such a manner that his proposed programme for
completion of the whole of the Works and parts of the Works may meet Employer’s completion
targets in days noted below and counted from the date of receipt of Engineer’s Notice to
Commence (Attach sheets as required for the specified form of Construction Schedule):
The Schedule shall be prepared in the Project Management Software Primavera P6, or any
other equivalent software approved by the Employer in writing.
The above construction schedule should separately reflect detailed mobilization activities,
like Staffing, preliminary survey, taking over of existing Works and facilities etc
Appendix-F to Bid
[The Bidder is required to submit a narrative outlining the method of performing the Work.
The narrative should indicate in detail and include but not be limited to:
1. Organization Chart indicating head office and field office personnel involved in
management and supervision, engineering, equipment maintenance and purchasing.
3. The method of executing the Works, the procedures for installation of equipment and
machinery and transportation of equipment and materials to the site.
4. The Bidder shall carry out the construction operations as shown and indicated on
drawings or as directed by Engineer.
Appendix-G to Bid
[The Bidder will provide on Sheet 2 of this Appendix a list of all major equipment and related
items, under separate heading for items owned, to be purchased or to be arranged on lease by
him to carry out the Works. The information shall include make, type, capacity, and anticipated
period of utilization for all equipment which shall be in sufficient detail to demonstrate fully
that the equipment will meet all requirements of the Specifications.]
b. To be
Purchased
c. To be
arranged
on Lease
Appendix-H to Bid
The Contractor in accordance with Clause 34 of the Conditions of Contract shall provide
description of his construction camp’s facilities and staff housing requirements.
The Contractor shall be responsible for pumps, electrical power, water and electrical power
supply (for permanent / construction work as well) and distribution systems, and sewerage
system including all fittings, pipes and other items necessary for servicing the Contractor’s
construction camp.
The Bidder shall list or explain his plans for providing these facilities for the service of the
Contract as follows:
2. Provision of Services.
3. Construction of Facilities
a) Contractor’s Office. Workshop and Work Areas (areas required and proposed
layout, type of construction of buildings, etc.).
b) Warehouses and Storage Areas (area required, type of construction and layout).
c) Housing and Staff Facilities (Plans for housing for proposed staff, layout, type
of construction, etc.).
4. Construction Equipment Assembly and Preparation (detailed plans for carrying out this
activity).
Appendix-I to Bid
LIST OF SUBCONTRACTORS
I/We intend to subcontract the following parts of the Work to subcontractors. In my/our
opinion, the subcontractors named hereunder are reliable and competent to perform that part of
the work for which each is listed.
Enclosed are documentation outlining experience of subcontractors, the curriculum vitae and
experience of their key personnel who will be assigned to the Contract, equipment to be
supplied by them, size, location and type of contracts carried out in the past.
Appendix-J to Bid
Bidder’s estimate of the value of work which would be executed by him during each of the
periods stated below, based on his Programme of the Works and the Rates in the Bill of
Quantities, expressed in thousands of Pakistani Rupees:
1st Month
2nd Month
3rd Third
Bid Price
Appendix-K to Bid
ORGANIZATION CHART
FOR THE
SUPERVISORY STAFF AND LABOUR
Note: Enclosed the Cv’s & Experience of the Key Personnel who will be assigned to the
Contract.
Appendix-L to Bid
In order to demonstrate the practicality and accuracy of his proposed Construction Schedule
and in order to enable the Employer to better plan his inputs (materials & funds etc), the
Contractor is required to provide the following Estimated Schedules.
All of these Schedules must be linked with and derived directly from the Proposed Construction
Schedule (Appendix E) and based on a month-wise tabular format as given below:
No. 2
No. 3
No. 4
No. 5
No. 6
No. 7
No. 8
No. 9
No. 10
No. 11
Total
For each major item of Employer supplied materials (e.g. Cement, Steel etc), the
Contractor shall provide, in tabular form, a month-wise schedule of material
consumption.
For each major construction input (materials, plant & equipment and manpower) other
than Employer supplied materials (e.g. Cement, Steel etc), the Contractor shall provide,
in tabular form, a month-wise schedule of input consumption / deployment.
For all BOQ Items of Work, the Contractor shall provide, in tabular form, a schedule
of quantities that he expects / plans to execute during each month of the project.
D) Schedule Of Billing
For each BOQ Item of Work, the Contractor shall provide, in tabular form, a schedule
of billing that he expects / plans to achieve during each month of the project. This
schedule must relate directly to the Schedule of Quantities given in Item (C) above
The amounts entered should represent the Contractor’s estimate of the value of work
carried out for which payment can be claimed according to the Bill of Quantities and
Method Measurement. Mobilization Advance and its repayment should not be included
and Retention should not be considered.
FORMS
BID SECURITY
PERFORMANCE SECURITY
CONTRACT AGREEMENT
MOBILIZATION ADVANCE GUARANTEE/BOND
BID SECURITY
(Bank Guarantee)
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Bidder has submitted
the accompanying Bid dated ______ for Bid No. _______ for_______(Particulars of Bid) to
the said Employer; and
WHEREAS, the Employer has required as a condition for considering said Bid that the Bidder
furnishes a Bid Security in the above said sum from a Scheduled Bank in Pakistan or from a
foreign bank duly counter-guaranteed by a Scheduled Bank in Pakistan, to the Employer,
conditioned as under:
(1) that the Bid Security shall remain in force up to and including the date 90 days after the
deadline for validity of bids as stated in the Instructions to Bidders or as it may be
extended by the Employer, notice of which extension(s) to the Surety is hereby waived;
(2) that the Bid Security of unsuccessful Bidders will be returned by the Employer after
expiry of its validity or upon signing of the Contract Agreement; and
(3) that in the event of failure of the successful Bidder to execute the proposed Contract
Agreement for such work and furnish the required Performance Security, the entire said
sum be paid immediately to the said Employer pursuant to Clause 15.6 of the Instruction
to Bidders for the successful Bidder's failure to perform.
NOW THEREFORE, if the successful Bidder shall, within the period specified therefor, on the
prescribed form presented to him for signature enter into a formal Contract with the said
Employer in accordance with his Bid as accepted and furnish within fourteen (14) days of his
being requested to do so, a Performance Security with good and sufficient surety, as may be
required, upon the form prescribed by the said Employer for the faithful performance and
proper fulfilment of the said Contract or in the event of non-withdrawal of the said Bid within
the time specified for its validity then this obligation shall be void and of no effect, but
otherwise to remain in full force and effect.
PROVIDED THAT the Surety shall forthwith pay the Employer the said sum upon first written
demand of the Employer (without cavil or argument) and without requiring the Employer to
prove or to show grounds or reasons for such demand, notice of which shall be sent by the
Employer by registered post duly addressed to the Surety at its address given above.
PROVIDED ALSO THAT the Employer shall be the sole and final judge for deciding whether
the Principal (Bidder) has duly performed his obligations to sign the Contract Agreement and
to furnish the requisite Performance Security within the time stated above, or has defaulted in
fulfilling said requirements and the Surety shall pay without objection the said sum upon
demand from the Employer forthwith and without any reference to the Principal (Bidder) or
any other person.
IN WITNESS WHEREOF, the above bounden Surety has executed the instrument under its
seal on the date indicated above, the name and seal of the Surety being hereto affixed and these
presents duly signed by its undersigned representative pursuant to authority of its governing
body.
SURETY (Bank)
WITNESS: Signature
1. _______ Name
_______ Title
2. _______________________
Guarantee No.____________________
Executed on _____________________
Expiry date _____________________
[Letter by the Guarantor to the Employer]
NOW THEREFORE, if the Principal (Contractor) shall well and truly perform and fulfill all
the undertakings, covenants, terms and conditions of the said Documents during the original
terms of the said Documents and any extensions thereof that may be granted by the Employer,
with or without notice to the Guarantor, which notice is, hereby, waived and shall also well and
truly perform and fulfill all the undertakings, covenants terms and conditions of the Contract
and of any and all modifications of said Documents that may hereafter be made, notice of which
modifications to the Guarantor being hereby waived, then, this obligation to be void; otherwise
to remain in full force and virtue till all requirements of Clause 49, Defects Liability, of
Conditions of Contract are fulfilled.
Our total liability under this Guarantee is limited to the sum stated above and it is a condition
of any liability attaching to us under this Guarantee that the claim for payment in writing
shall be received by us within the validity period of this Guarantee, failing which we shall be
discharged of our liability, if any, under this Guarantee.
PROVIDED ALSO THAT the Employer shall be the sole and final judge for deciding whether
the Principal (Contractor) has duly performed his obligations under the Contract or has
defaulted in fulfilling said obligations and the Guarantor shall pay without objection any sum
or sums up to the amount stated above upon first written demand from the Employer forthwith
and without any reference to the Principal or any other person.
IN WITNESS WHEREOF, the above-bounden Guarantor has executed this Instrument under
its seal on the date indicated above, the name and corporate seal of the Guarantor being hereto
affixed and these presents duly signed by its undersigned representative, pursuant to authority
of its governing body.
Guarantor (Bank)
Witness:
1. _______________________ Signature _______________
Name __________________
Corporate Secretary (Seal)
Title ___________________
2. _______________________
THIS CONTRACT AGREEMENT (hereinafter called the “Agreement”) made on the ___ day
of __________(month) 2019 between _________________________________(hereafter
called the “Employer”) of the one part and _____________________________________
(hereafter called the “Contractor”) of the other part.
WHEREAS the Employer is desirous that certain Works, viz _______________ should be
executed by the Contractor and has accepted a Bid by the Contractor for the execution and
completion of such Works and the remedying of any defects therein.
NOW this Agreement witnesseth as follows:
1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract hereinafter referred to.
2. The following documents after incorporating addenda, if any, except those parts
relating to Instructions to Bidders shall be deemed to form and be read and construed
as part of this Agreement, viz:
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on the
day, month and year first before written in accordance with their respective laws.
______________________ _____________________
(Seal) (Seal)
Witness: Witness:
________________________ ______________________________
Note:
1. This contract agreement is required to be written on stamp paper of appropriate
value,As per applicable law. To the best of our knowledge, the present “ appropriate
value” is 0.3% of the value of the contract.
2. The stamp paper weill be purchase by the successful bidder at his own cost and provided
to Orient Towers Ltd., 26 KM, Multan Road, Lahore for preparation of the Contract
Agreement.
AND WHEREAS, the Employer has agreed to advance to the Contractor, at the Contractor's
request, an amount of Rupees _________________________ (Rs _________ ) 10% of contract
value which amount shall be advanced to the Contractor as per provisions of the Contract.
AND WHEREAS, the Employer has asked the Contractor to furnish Guarantee to secure the
mobilization advance for the performance of his obligations under the said Contract.
NOW, THEREFORE, the Guarantor hereby guarantees that the Contractor shall use the
advance for the purpose of above mentioned Contract ONLY and if he fails and commits
default in fulfilment of any of his obligations for which the advance payment is made, the
Guarantor shall be liable to the Employer for payment not exceeding the aforementioned
amount.
Notice in writing of any default, of which the Employer shall be the sole and final judge, on
the part of the Contractor, shall be given by the Employer to the Guarantor, and on such first
written demand, payment shall be made by the Guarantor of all sums then due under this
Guarantee without any reference to the Contractor and without any objection.
This Guarantee shall remain in force until the advance is fully adjusted against payments from
the Interim Payment Certificates of the Contractor or until
_______________________________________whichever is earlier.
(Date)
The Guarantor's liability under this Guarantee shall not in any case exceed the sum of Rupees
_______________________________________(Rs _______________________).
This Guarantee shall remain valid up to the aforesaid date and shall be null and void after the
aforesaid date or earlier if the advance made to the Contractor is fully adjusted against
payments from Interim Payment Certificates of the Contractor provided that the Guarantor
agrees that the aforesaid period of validity shall be deemed to be extended if on the above
mentioned date the advance payment is not fully adjusted.
GUARANTOR
1. Signature _________________
2. Name _________________
3. Title _________________
WITNESS
1. ______________________
Corporate Secretary (Seal)
2. _______________________
CONDITIONS OF CONTRACT
The Conditions of Contract comprise two parts and are based on Pakistan Engineering
Council’s Standard Form of Bidding Documents:
The aforesaid document is also known as the FIDIC Conditions of Contract. It is a copyright
material and therefore can not be made available here as a part of Tender Documets. Interested
bidders are advised to obtained a copy of the document from the address given above.
In the following Part – II: particular conditions of Contract, any reference to general Conditon
of Contract or the FIDIC Condition of Contract assume that the bidder submitting this bid has
read and is fully conversant with it.
TABLE OF CONTENTS
1.1 Definitions 49
2.1 Engineer’s Duties and Authority 49
2.2 Engineer’s Representative 51
2.7 Engineer Not Liable 51
2.8 Replacement of the Engineer 51
5.1 Language(s) and Law 51
5.2 Priority of Contract Documents 51
6.6 Shop Drawings 52
6.7 As-Built Drawings 52
10.1 Performance Security 52
10.4 Performance Security Binding on Variations and Changes 53
14.1 Programme to be Submitted 53
14.3 Cash Flow Estimate to be Submitted 53
14.5 Detailed Programme and Monthly Progress Report 53
15.2 Language Ability of Contractor’s Representative 54
15.3 Contractor’s Representative 54
16.3 Language Ability of Superintending Staff of Contractor 54
16.4 Employment of Local Personnel 55
19.3 Safety Precautions 55
19.4 Lighting Works at Night 55
20.4 Employer’s Risks 55
21.1 Insurance of Works and Contractor’s Equipment 56
21.4 Exclusions 56
25.5 Insurance Company 56
31.3 Co-operation with Other Contractors 57
34.2 Rates of Wages and Conditions of Labour 57
34.3 Employment of Persons in the Service of Others 57
34.4 Housing for Labour 57
34.5 Health and Safety 57
34.6 Epidemics 58
34.7 Supply of Water 58
34.8 Alcoholic Liquor or Drugs 58
34.9 Arms and Ammunition 58
34.10 Festivals and Religious Customs 58
34.11 Disorderly Conduct 58
34.12 Compliance by Subcontractors 58
35.2 Records of Safety and Health 59
35.3 Reporting of Accidents 59
36.6 Use of Pakistani Materials and Services 60
41.1 Commencement of Works 59
47.3 Bonus for Early Completion of Works 60
45.2 Restriction on Working Hours 60
48.2 Taking Over of Sections or Parts 60
51.2 Instructions for Variations 60
52.1 Valuation of Variations 60
1.1 Definitions
(a) (i) The Employer is Orient Towers Ltd., 26 KM, Multan Road, Lahore, Pakistan.
(a) (iv) The Engineer shall be the Project Manager, Orient Towers Ltd., as appointed by the
Employer or any other person subsequently notified by the Employer to the Contractor
from time to time.
(a)(vi) “Bidder or Tenderer” means any person or persons, company, corporation, firm or joint
venture submitting a Bid or Tender.
(a)(vii) “Project Manager” means a person or firm appointed by the Employer to manage the
construction project on his behalf and provide detailed supersvision during the
construction phase of the project.
The word “Tender” is synonymous with “Bid” and the word “Tender Documents” with
“Bidding Documents”.
“Contract Price” means the sum stated in the Letter of Acceptance as payable to the
Contractor for the execution and completion of the Works subject to such additions
thereto or deductions there from as may be made and remedying of any defects therein
in accordance with the provisions of the Contract.
With reference to Sub-Clause 2.1(b), the following provisions shall also apply;
The Engineer shall obtain the specific approval of the Employer before carrying out his
duties in accordance with the following Clauses:
(i) Consenting to the sub-letting of any part of the Works under Sub-Clause 4.1
“Subcontracting”.
(ii) Certifying additional cost determined under Sub-Clause 12.2 “Not Foreseeable
(iii) Any action under Clause 10 “Performance Security” and Clauses 21,23,24 &
25 “Insurance” of sorts.
(vi) Any action under Clause 47 “Liquidated Damages for Delay” or Payment of
Bonus for Early Completion of Works (PCC Sub-Clause 47.3).
b) if such variation would increase the Contract Price by less than the
amount stated in the Appendix-A to Bid.
(xi) Release of Retention Money to the Contractor under Sub-Clause 60.3 “Payment
of Retention Money”.
(xiv) Any change in the ratios of Contract currency proportions and payments thereof
under Clause 72 “Currency and Rate of Exchange”.
* (If in the opinion of the Engineer an emergency occurs affecting the safety of life or
of the Works or of adjoining property, the Engineer may, without relieving the
Contractor of any of his duties and responsibilities under the Contract, instruct the
Contractor to execute all such work or to do all such things as may, in the opinion of
the Engineer, be necessary to abate or reduce the risk. The Contractor shall forthwith
comply with any such instruction of the Engineer. The Engineer shall determine an
addition to the Contract Price, in respect of such instruction, in accordance with Clause
52 and shall notify the Contractor accordingly, with a copy to the Employer.)
The Employer or the Project Manager appointed by him shall ensure that the Engineer’s
Representative is a professional engineer as defined in the Pakistan Engineering
Council Act 1975 (V of 1976)
Approval, reviews and inspection by the Engineer or Project Manager of any part of the
Works does not relieve the Contractor from his sole responsibility and liability for the
supply of materials, plant and equipment for construction of the Works and their parts
in accordance with the Contract and neither the Engineer's authority to act nor any
decision made by him in good faith as provided for under the Contract whether to
exercise or not to exercise such authority shall give rise to any duty or responsibility of
the Engineer to the Contractor, any Subcontractor, any of their representatives or
employees or any other person performing any portion of the Works.
“If the Employer intends to replace the Engineer, the Employer shall, not less than 14
days before the intended date of replacement, give notice to the Contractor, of the name,
address and relevant experience of the intended replacement Engineer. The Employer
shall not replace the Engineer with a person against whom the Contractor raises
reasonable objection by notice to the Employer, with supporting particulars.”
The documents listed at (1) to (6) of the Sub-Clause are deleted and substituted with
the following:
In case of discrepancies between drawings, those of larger scale shall govern unless
they are superseded by a drawing of later date regardless of scale. All Drawings and
The Contractor shall submit to the Employer, Architect, Engineer and Project Manager
for review 3 copies of all shop and erection drawings along with CD applicable to this
Contract as per provision of relevant Sub-Clause of the Contract.
Review and approval by the Engineer and or the Project Manager shall not be construed
as a complete check but will indicate only that the general method of construction and
detailing is satisfactory and that the Engineer’s review or approval shall not relieve the
Contractor of any of his responsibilities under the Contract.
At the completion of the Works under the Contract, the Contractor shall furnish to the
Engineer or the Project manager 6 copies and one reproducible of all drawings amended
to conform with the Works as built. The contractor will also provide to the Employer a
soft copy (CD / DVD, etc) of the drawings. The price of such Drawings and CD/ DVD
shall be deemed to be included in the Contract Price.
The Contractor shall provide Performance Security to the Employer in the prescribed
form. The said Security shall be furnished or caused to be furnished by the Contractor
within 7 days after the receipt of the Letter of Acceptance. The Performance Security
shall be of an amount equal to 10% of the Contract Price stated in the Letter of
Acceptance. Such Security shall, at the option of the bidder, be in the form of either (a)
bank guarantee from any Scheduled Bank in Pakistan or (b) bank guarantee from a bank
located outside Pakistan duly counter-guaranteed by a Scheduled Bank in Pakistan or
(c) an insurance company having at least AA rating from PACRA/JCR and approved
by the Employer.
The cost of complying with requirements of this Sub-Clause shall be borne by the
Contractor.
The programme shall be submitted along with soft copy within 15 days from the date
of receipt of Letter of Acceptance, which shall be in the form of:
The detailed Cash Flow Estimate shall be submitted within 14 days from the date of
receipt of Letter of Acceptance
a) For purposes of Sub-Clause 14.1, the Contractor shall submit to the Engineer
detailed programme for the following:
(b) During the period of the Contract, the Contractor shall submit to the Engineer
or the Project Manager not later than the 5th day of the following month, 3
copies each of Monthly Progress Reports covering:
(c) During the period of the Contract, the Contractor shall keep a daily record of
the work progress, which shall be made available to the Engineer and or the
Project Manager as and when requested. The daily record shall include
particulars of weather conditions, number of men working, deliveries of
materials, quantity, location and assignment of Contractor’s equipment.
Fortnightly meeting will be held on site to review progress and coordination
issues. Representative of Architect, Consultants, Project Manager, Client,
Contractor and sub-contractor (if any) are to attend the meetings on regular
basis.
The Contractor is encouraged, to the extent practicable and reasonable, to employ staff
and labour from sources within Pakistan.
In order to provide for the safety, health and welfare of' persons, and for prevention of
damage of any kind, all operations for the purposes of or in connection with the
Contract shall be carried out in compliance with the Safety Requirements of the
Government of Pakistan with such modifications thereto as the Engineer may authorise
or direct and the Contractor shall appoint a full time safety inspector and shall take or
cause to be taken such further measures and comply with such further requirements as
the Engineer may determine to be reasonably necessary for such purpose.
The Contractor shall make, maintain and submit reports to the Engineer concerning
safety, health and welfare of persons and damage to property, as the Engineer may from
time to time prescribe.
(a) insofar as they directly affect the execution of the Works in Pakistan:
(i) war and hostilities (whether war be declared or not), invasion, act of
foreign enemies,
(ii) rebellion, revolution, insurrection, or military or usurped power, or civil
war,
(iii) ionizing radiations, or contamination by radioactivity from any nuclear
fuel, or from any nuclear waste from the combustion of nuclear fuel,
radioactive toxic explosive or other hazardous properties of any
explosive nuclear assembly or nuclear component thereof,
(iv) pressure waves caused by aircraft or other aerial devices travelling at
sonic or supersonic speeds,
(v) riot, commotion or disorder, unless solely restricted to the employees of
the Contractor or of his Subcontractors and arising from the conduct of
the Works;
(b) loss or damage due to the use or occupation by the Employer of any Section or
part of the Permanent Works, except as may be provided for in the Contract;
(c) loss or damage to the extent that it is due to the design of the Works, other than
any part of the design provided by the Contractor or for which the Contractor is
responsible; and
(d) any operation of the forces of nature (insofar as it occurs on the Site) which an
experienced contractor:
There shall be no obligation for the insurances in Sub-Clause 21.1 to include loss or
damage caused by the risks listed under Sub-Clause 20.4 pares (a) (i) to (iv).
The Contractor shall be obliged to place all insurances relating to the Contract
(including, but not limited to, the insurances referred to in Clauses 21, 23 and 24) with
either National Insurance Company of Pakistan or any other insurance company
operating in Pakistan and acceptable to the Employer.
During the execution of the Works, the Contractor shall co-operate fully with other
contractors working for the Employer at and in the vicinity of the Site and also shall
provide adequate precautionary facilities not to make himself a nuisance to local
residents and other contractors.
The Contractor shall pay rates of' wages and observe conditions of labour not less
favourable than those established for the trade or industry where the work is carried out.
In the absence of any rates of wages or conditions of labour so established, the
Contractor shall pay rates of wages and observe conditions of labour which are not less
favourable than the general level of wages and conditions observed by other employers
whose general circumstances in the trade or in industry in which the Contractor is
engaged are similar.
The Contractor shall not recruit his staff and labour from amongst the persons in the
services of the Employer or the Engineer or the Project Manager; except with the prior
written consent of the Employer or the Engineer or the Project Manager, as the case
may be.
Save insofar as the Contract otherwise provides, the Contractor shall provide, if not
provided for otherwise elsewhere in these documents, and maintain such housing
Due precautions shall be taken by the Contractor, and at his own cost, to ensure the
safety of his staff, labour and site visitors at all times throughout the period of the
Contract. The Contractor shall further ensure that suitable arrangements are made for
the prevention of epidemics and for all necessary welfare and hygiene requirements.
34.6 Epidemics
In the event of any outbreak of illness of an epidemic nature, the Contractor shall
comply with and carry out such regulations, orders and requirements as may be made
by the Government, or the local medical or sanitary authorities, for purpose of dealing
with and overcoming the same.
The Contractor shall not, otherwise than in accordance with the Statutes, Ordinances
and Government Regulations or Orders for the time being in force, import, sell, give,
barter or otherwise dispose of any alcoholic liquor or drugs, or permit or suffer any such
importation, sale, gift, barter or disposal by his Subcontractors, agents, staff or labour.
The Contractor shall not give, or otherwise dispose of to any person or persons, any
arms or ammunition of any kind or permit or suffer the same as aforesaid.
The Contractor shall in all dealings with his staff and labour have due regard to all
recognised festivals, days of rest and religious and other customs.
The Contractor shall at all times take all reasonable precautions to prevent any unlawful,
riotous or disorderly conduct by or amongst staff and labour and for the preservation of
The Contractor shall maintain such records and make such reports concerning safety,
health and welfare of persons and damage to property as the Engineer may from time
to time prescribe.
The Contractor shall report to the Engineer details of any accident as soon as possible
after its occurrence. In the case of any fatality or serious accident, the Contractor shall,
in addition, notify the Engineer immediately by the quickest available means.
The Contractor shall, so far as may be consistent with the Contract, make the maximum
use of materials, supplies, plant and equipment indigenous to or produced or fabricated
in Pakistan and services, available in Pakistan provided such materials, supplies, plant,
equipment and services shall be of required standard.
The Contractor shall commence the Works on Site within the period named in
Appendix-A to Bid from the date of receipt of letter of acceptance. Thereafter, the
Contractor shall proceed with the Works with due expedition and without delay.
Work shall be carried out during normal working hour from 8:00 AM to 6:00 PM. No
Work shall be carried out during the night or (beyond 18:00 hours), on holidays, or on
Sundays, without written permission of the Engineer, when the work' is unavoidable or
absolutely necessary for the saving of life or property or for the safety of the Works or
for the purpose of expediting progress of Works, for which the Contractor shall issue a
Notice to the Engineer at least 48 hours in advance and shall execute work during night,
holidays or on Sundays only with the expressed written permission from the Project
DELETED
For the purposes of para (a) of this Sub-Clause, separate Times for Completion shall be
provided in the Appendix-A to Bid “Special Stipulations”.
At the end of the first sentence, after the word “Engineer", the words or the Project
Manager, “in writing” are added.
In the tenth line, after the words “Engineer shall” the following is added:
within a period not exceeding one-eighth of the completion time subject to a minimum
of 56 days from the date of disagreement whichever is later.
The Contractor shall, upon request by the Engineer at any time in relation to any item
of hired Contractor’s Equipment, forthwith notify the Engineer in writing the name and
address of the Owner of the equipment and shall certify that the agreement for the hire
thereof contains a provision in accordance with the requirements set forth above.
The Contractor shall pay to the nominated Subcontractor the amounts which the
Engineer certifies to be due in accordance with the subcontract. These amounts plus
other charges shall be included in the Contract Price in accordance with Clause 58
then the Employer may (at his sole discretion) pay direct to the nominated
Subcontractor, part or all of such amounts previously certified (less applicable
deductions) as are due to the nominated Subcontractor and for which the Contractor has
failed to submit the evidence described in sub-paragraphs (a) or (b) above. The
Contractor shall then repay, to the Employer, the amount which the nominated
Subcontractor was directly paid by the Employer.
The Contractor shall on the basis of the joint measurement of work done under Clause
56.1,submit to the Engineer after the end of each month six copies, each signed by the
Contractor's representative approved by the Engineer in accordance with the Sub-
Clause 15.1, of a statement, in such form as the Engineer may from time to time
prescribe, showing the amounts to which the Contractor considers himself to be entitled
up to the end of the month in respect of:
(b) any other items in the Bill of Quantities including those for Contractor‟s
Equipment, Temporary Works, dayworks and the like,
(c) the percentage of the invoice value of listed materials, all as stated in sub-clause
60.11 (a)(6) hereof, and Plant delivered by the Contractor on the Site for
incorporation in the Permanent Works but not incorporated in such Works,
(e) any other sum to which the Contractor may be entitled under the Contract or
otherwise.
The Engineer shall, within 14 workding days of receiving such statement, certify to the
Employer the amount of payment to the Contractor which he considers due and payable
in respect thereof, subject:
(a) firstly, to the retention of the account calculated by applying the Percentage of
Retention stated in the Appendix to Tender, to the amount to which the
Contractor is entitled under paragraph (a), (b), (c) and (e) of Sub-Clause 60.1
until the amount so retained reaches the Limit of Retention Money stated in the
Appendix to Tender, and
(b) secondly, to the deduction, other than pursuant to Clause 47, of any sums which
may have become due and payable by the Contractor to the Employer.
Provided that the Engineer shall not be bound to certify any payment under this Sub-
Clause if the net amount thereof, after all retentions and deductions, would be less than
the Minimum Amount of Interim Payment Certificates stated in the Appendix to
Tender.
Notwithstanding the terms of this Clause or any other Clause of the Contract no amount
will be certified by the Engineer for payment until the performance security, if required
under the Contract, has been provided by the Contractor and approved by the Employer.
The amount due to the Contractor under any Interim Payment Certificate issued by the
Engineer pursuant to this Clause, or to any other terms of the Contract, shall , subject
to Clause 47, be paid by the Employer to the Contractor within 45 days after such
Interim Payment Certificate has been jointly verified by Employer and Contractor, or,
in the case of the Final Certificate referred to in Sub Clause 60.8, within 60 days after
such Final Payment Certificate has been jointly verified by Employer and Contractor;
Provided that the Interim Payment shall be caused in 42 days and Final Payment in 60
days in case of foreign funded project.
DELETED
Financial assistance shall be made available to the Contractor by the Employer in the
shape of Mobilization advance equal to 10 % (Ten percent) of contract sum against an
Irrevocable Guarantee from an approve schedule bank in Pakistan and approved by the
Employer as per specimen attached. Mobilization Advance will be recovered by
deduction of amount to 12% (ten percent of value of work done).
Provided further that in addition to the action taken by the Employer against the
Contractor under this Clause, the Employer may also refer the case of default of the
Contractor to Pakistan Engineering Council for punitive action under the Construction
and Operation of Engineering Works Bye-Laws 1987, as amended from time to time.
67. 3 Arbitration
(a) the decision, if any, of the Engineer has not become final and binding pursuant to
Sub-Clause 67.1, and
(b) amicable settlement has not been reached within the period stated in Sub-Clause
67.2, shall be finally settled under the provisions of the Arbitration Act, 1940 as
amended or any statutory modification or re-enactment thereof for the time being in
force. The said arbitrator/s shall have full power to open up, review and revise any
decision, opinion, instruction, determination, certificate or valuation of the Engineer
related to the dispute.
Neither party shall be limited in the proceedings before such arbitrator/s to the evidence
or arguments put before the Engineer for the purpose of obtaining his said decision
pursuant to Sub-Clause 67.1. No such decision shall disqualify the Engineer from being
called as a witness and giving evidence before the arbitrator/s on any matter whatsoever
relevant to the dispute.
Arbitration may be commenced prior to or after completion of the Works, provided that
the obligations of the Employer, the Engineer and the Contractor shall not be altered by
reason of the arbitration being conducted during the progress of the Works.
The place of arbitration shall be Lahore, Pakistan.
68.1 Notice to Contractor
The following paragraph is added:
For the purposes of this Sub-Clause, the Contractor shall, immediately after receipt of
Letter of Acceptance, intimate in writing to the Employer and the Engineer by
registered post, the address of his principal place of business or any change in such
address during the period of the Contract.
The Employer shall be entitled to terminate the Contract at any time for the Employer's
convenience after giving 15 days prior notice to the Contractor, with a copy to the
Engineer. In the event of such termination, the Contractor :
The Contractor shall treat the details of the Contract as private and confidential, save in
so far as may be necessary for the purposes thereof, and shall not publish or disclose
the same or any particulars thereof in any trade or technical paper or elsewhere without
the prior consent in writing of the Employer or the Engineer. If any dispute arises as to
the necessity of any publication or disclosure for the purpose of the Contract, the same
shall be referred to the decision of the Engineer whose award shall be final.
Index Clause
SPECIFICATIONS
SPECIAL PROVISION
The conditions set forth hereunder have specific application to the Contract and where these
conditions conflict with provisions or requirements set forth elsewhere in the Contract
Documents these Conditions shall prevail;
1. The amount of Performance Bond shall be 10% (ten percent) of the Contract price. The
performance Bond shall be submitted to the Employer not later than 7 days from the
date of letter of acceptance and before the receipt of Mobilization Advance, The
Performance Bond issued by Insurance Company registered in Pakistan and approved
by the Employer is to provide for payment of the Bond Amount to the Employer
unconditionally on demand for failure of the Contractor to complete all or any of the
contractual obligations. 50% of the performance bond shall be released after the
issuance of the last of required completion certificate while remaining 50% of
performance bond shall be released after the issuance of Maintenance Certificate.
2. The amount of Retention Money from monthly payment due to the Contractor shall be
5% (Five percent) of the Bill.
a) The limit of Retention Money shall be 5% (Five percent) of the Contract Price.
b) The release of Retention Money shall be 50% (fifty percent) with the certification
of substantial completion and 50% (fifty percent) after issuance of Maintenance
Certificate.
c) The Period of Maintenance shall be 12 Calendar Months from the date of the last
of the required Certificates of Completion.
The Contractor will be required to make his own arrangements for water & power. Any
charges for water and Electricity asked for by the respective department will have to
be borne by the Contractor
The Contractor will also have to provide all temporary lines and electricity mains etc.
to distribute power to the various utilization points on site.
All temporary water and electricity lines, storage tanks etc. shall be dismantled and
removed from site on completion of work.
The Contractor shall also provide on site to the approval of the Engineer, an adequate-
supply of drinking water and power for the consumption by his staff, workmen,
employees and Engineer's Engineer’s staff etc. at no charge,. The Contractor must
produce Certificate from relevant authorities indicating that all dues in respect of water
& power charges are cleared along with the final Bill.
4. Sign Board
The Contractor shall provide a Sign Board in a position 10’–0” x 8’–0” or approved
size & design to be approved by the Engineer or Engineer's Representative. The
Contractor shall put on this Sign Board the name of the works the building Contractor's
name in addition to that of the Employer, the Engineer and the design Consultants.
The Drawings listed on the index of drawings sheets and hereinafter referred to
as Tender Drawings, show the scope of the work to be performed by the
Contractor. The Tender Drawings shall not be used as a basis for construction
but may be used as a basis for preliminary scope of works
The Contractor shall check all drawings issued for construction carefully as
soon as practicable after receipt thereof, and shall promptly bring it to the notice
of the Engineer if any errors or omissions are discovered.
The Engineer and Contractor shall, during the progress of the work, keep a
record of all changes in and corrections to the designs and layouts shown on the
drawings. The Contractor will prepare the as built drawings and other data
necessary for such purpose.
6. Right To Change
All shop drawings required for the work including reinforcing steel detailing,
reinforcing bar bending schedules, field erection and layout and construction
detail drawings shall be furnished by the Contractor for approval by the
The Contractor shall furnish for review by the Engineer drawings showing the
general features of his processing plant: aggregate storage and reclaiming
facilities water supply and storage ,concrete batching plant and cooling facilities
for concrete. The drawings shall show appropriately the capacity of each major
feature of the plant. including the rated capacity of the concrete production,
volume of aggregate storage: capacity of cement storage, rated capacity of the
concrete transporting and placing and rated capacity of plant for pre-cooling of
concrete.
All the drawings, details, bill of materials and any other information or
documents furnished by the Contractor shall become the property of the
Employer and shall be non-returnable.
9. Work in Shifts
If the Engineer shall foresee that the work progress is slow and/or the work will not be
completed in the specified time period then he shall order the contractor to work in
more shifts and the Contractor shall obey these orders without any additional
cost/compensation and without any objections.
When work is done at night the contractor shall maintain from sunset to sunrise such
lights on or about his work and plants as the Engineer may deem necessary for the
proper observations of the work and the efficient execution thereof. No extra payment
shall be made for arrangement of lighting during night work.
11. Testing
All the quality control and tests shall be carried out in accordance with applicable
standards and codes with approved labs. The Engineer and the Contractor shall keep a
complete record of all the quality tests performed for the works.
The contractor shall provide at his own cost modern plant, equipment and tools
All equipment furnished under the Contract shall be new or (if used) IN PROPER
WORKING CONDITION and comply fully with the specified requirements. All work
of assembly and construction shall be done in a safe and workmanlike manner, the
Contractor shall provide the manufacturer or supplier with complete information as
may, in any case, be necessary to secure compliance with the Specifications.
13.2 If the Contractor, at any time and for any reason, wishes to deviate from the
above standards or desires to use material or equipment not covered by above
standards, he shall state the exact nature of the changes, the reason for making
the change and shall submit complete specifications of the materials and
equipment to the Engineer for approval, together with any other evidence to
demonstrate that the alternative proposed is equal to or superior to that specified.
14. Inspections
All equipment and materials furnished under these Specifications and all work
performed in connection therewith under the Contract will be subject to inspection by
the Engineer or his authorized agent at all times and in all stages of completion.
Inspection at the manufacturer’s plant may be made to determine that the equipment
and materials meet the requirements of these Specifications. The Contractor shall notify
the Engineer not less than 07 days in advance of the date and place that the equipment
or materials will be available for inspection. The Contractor shall furnish promptly
without additional charges all facilities, labor, materials reasonably needed for
performing such inspection and testing as may be required by the Engineer. No
equipment or material shall be transported until inspection at the manufacturer’s plant
has been made or waived in writing and final drawings have been furnished by the
Contractor and accepted by the Engineer. Acceptance of equipment and materials or
the waiving of inspection thereof shall in no way relieve the Contractor of the
responsibility for furnishing equipment and materials meeting the requirements of the
Contract Documents.
15.1 General
Without prejudice to the generality of the various clauses of the Contract and
except for the facilities referred to hereinafter, particular attention is drawn to
the obligations of the Contractor to make his own arrangements for supply,
maintenance and furnishing of labor camps, staff residences. offices.
workshops. stores and store compounds and watching and guarding thereof.
The Employer will not provide to the Contractor land for constructing living
and office accommodation for his staff and labor. If the Contractor wishes to set
up camps, he shall make his own arrangements for acquisition /rental of land.
The Contractor will make his own arrangement of land of adequate size for use
as storage, warehouse and workshop areas. The Contractor shall provide at his
own cost, all fencing and necessary clearing, foundations and above ground
structures for sheds, warehouses, covered areas, workshops, electricity
distribution system, telephone and water distribution etc. as he may need to meet
his requirements.
16.1 General
The Contractor shall submit, for the approval of the Engineer, drawings and
specifications of the proposed construction camps, residential area, facilities and
each major building specified herein, required to be provided by him. The
drawings for the construction camp and facilities shall show the complete camp
layout, including site work, utilities, drainage. landscaping. building locations.
details of utilities and location of security fencing and all other required work.
The drawings shall be in sufficient detail to demonstrate compliance with these
Specifications.
No work shall proceed nor shall any material be ordered until the required
approvals have been obtained except at the Contractor’s own risk.
All buildings constructed by the contractor for his residential colonies, camps.
workshops and warehouses shall be designed and constructed as temporary
structures unless otherwise approved or directed by the Engineer.
The Contractor shall furnish and equip buildings and other facilities in
accordance with the laws and regulations of the Government of Pakistan and its
official agencies and as required for the proper functioning of each facility.
The Contractor shall design, construct, operate and maintain (as necessary)
dispensary and other medical facilities for the Contractor’s employees.
The Contractor shall furnish, install and at all times maintain in good working
order a telephone system for the Project construction areas. The Project
telephone system shall be connected to the telephone system provided by the
Employer in the Employer/ Engineers office.
For the purposes of operation and maintenance of the camps and facilities
provided as above, the Contractor shall comply with all applicable provisions
of the Pakistani Labor Laws and specifically to the following requirements:
a) Camp areas shall be kept dry and free from dense vegetation. Measures
shall be taken to control dust within the camp area, by water or oil
spraying or other approved means.
b) The Contractor shall make arrangement for garbage collection and
disposal services at his own cost.
c) The interior walls and ceilings of buildings shall be lime-washed each
year.
d) Adequate sanitary convenience, including washing and bathing places
shall be maintained at each of the camps. All sanitary fixtures,
receptacles, toilet rooms, lavatories and wash rooms shall he cleaned and
disinfected at least once every day.
The Contractor shall design, provide, operate and maintain fire protection
facilities for the Project offices, the construction camps, residential area, work
areas. These facilities including staff and equipment shall be provided at no
additional cost to the Employer.
No separate payment will be made for the work included under Items 16.1 to
16.9 above; the cost thereof is deemed to be included in the rates and prices
17.1 General
The Contractor shall employ a full time Safety Engineer to help accomplish the
purpose of Clause 17.
The Contractor shall enforce rules and regulations for the safe prosecution of
the Works in order to avoid preventable accidents and to minimize injuries to
his employees and those of the Employer, the Engineer and third parties. Work
areas shall be adequately posted with safety signs and posters. Machinery and
equipment shall be guarded and all hazards eliminated. All reasonable
precautions shall be taken against fire and provisions shall be made for the
expeditious extinguishing thereof.
During the entire period of his operation at the Site, the Contractor shall provide
emergency facilities with adequate medical and surgical equipment for first aid
treatment and approved qualified personnel to administer such treatment to all
injured persons. Contractor shall designate one or more’ approved competent
licensed physicians who shall at all times be ready to supply medical and
surgical services. The Contractor shall submit for the approval of the Engineer
and upon such approval. Ambulance service shall be made available by the
Contractor at all times.
No separate payment will be made for the services required under this clause.
The Contractor shall restrict his workmen to the Site and prevent trespass into
adjoining plant(s) and completed parts of the Works and shall take all necessary
precautions to prevent and indemnify the Employer against any damages arising
from nuisance of any kind.
Safety devices shall be used as required and shall include but not be limited to
those described hereinafter. Efficient safety helmets, and safety harnesses where
required, shall be provided for all personnel including all authorized visitors to
the Site. Excavated areas shall be properly guarded from the beginning of
excavation until the status of the work removes all possible element of danger.
Full precautions shall be taken to ensure maximum safety. In addition to the
telephone system, effective and reliable signaling devices shall be maintained
at all times to give instant communication at strategic locations. The efficiency
of all safety devices shall be established by satisfactory tests acceptable to the
Engineer.
Blasting will be permitted only when proper precautions are taken of the
protection of persons, the Works and property.
Explosives shall be stored, transported, handled and used in accordance with the
recommendations of BS 5607 ; Code of Practice for safe use of explosive in the
construction industry. The Contractor shall comply with all special rules and
regulations that may be made by the authorities having jurisdiction and by the
Engineer regarding construction of and storage in magazines, precautions on
blasting and the like. The Contractor will be held responsible to the Employer
for all claims for damage caused by blasting.
Before starting any drilling and blasting of rock, the Contractor shall submit his
proposed plan in writing for such operations to the Engineer for approval and,
upon approval, shall not deviate there from without the written permission of
the Engineer. The Contractor’s plan shall include statements of minimum safe
distances; means of protection of concrete and other work, and structures.
Approval by the Engineer of the Contractor’s plan of operation shall in no case
relieve the Contractor of full responsibility for the entire drilling and blasting
operation, including the safety of persons and the Works.
Accurate daily records shall be kept by the magazine keepers and shall account
for each piece of explosive, detonator and equipment from the time of delivery
at the magazine until its discharge in use. No explosive shall be stored or used
until it has been plainly labeled for identification and accepted by the Engineer
as new stock in sound condition. The Contractor shall also maintain a record for
each blasting operation showing the blasting pattern including the location,
number and depth of holes, inclination of wedge cut holes, amount and strength
of explosives per hole and per round, sequence in firing and time delays for
relay firing, actual length of pull per blast and other relevant information.
No separate payment will be made to the Contractor for services, materials and
equipment required under Items 17.1 to 17.5 above.
18.1 General
Further to the provisions for the protection of environment specified in Sub 19.
1 - Safety, Security and Protection of the Environment, of the Conditions of
Contract. the Contractor shall exercise care to protect the natural landscape and
shall conduct to construction operations so as to prevent any unnecessary
destruction. On completion of the Works, all work areas shall be smoothed and
graded in a manner to conform to the natural appearance of the landscape.
Where unnecessary destruction, scarring, damage or defacing may occur as a
result of the Contractor’s operations, it shall be repaired. replanted. or otherwise
corrected as directed by the Engineer at the Contractor’s expense.
During the performance at the work required under the Contract, the Contractor
shall carry out proper and efficient measures as often as necessary to reduce the
dust nuisance. and to prevent dust originating from his operations.
18.6 Cost
The cost of all work required under Items 22.1 to 22.5 hereof shall be included
in the prices stated in the Bill of Quantities for other items of work.
19.1 The Contractor shall submit his construction program/plan in accordance with
Clause14. 1 – ‘Program to be Submitted’, of the Conditions of Contract, to the
Engineer for approval. The plan shall contain adjustments if any, to the CPM
(Critical Path Method) based Bar Chart and Network Construction Schedules
The Contractor shall prepare a Critical Path Method construction network (in
PDM Precedence Designator Method) format on Primavera P6. The Contractor
shall supply and maintain at his site office and Engineer’s office a licensed copy
of the project management software, Primavera P6 along with complete
manuals for programming to monitor the progress. The network shall show the
order and interdependence calendar dates. Activities shown on the network shall
consist not only of the actual construction operations but shall include also the
submittal and approval of shop drawings and procurement/mobilization of
equipment and installation and testing of major and critical items. Activities of
the Employer, the Engineer or other Contactors (or manufacturers) that may
affect the progress of such approvals and deliveries of equipment furnished by
others, shall also be shown. Related activities shall be grouped on the network
for simplification.
The critical path shall be clearly delineated on the network. The selection of
activities to be shown on the network shall be subject to approval of the
Engineer. The network analysis shall show for each activity its description,
preceding and following event(s), numbers, duration. earliest expected start,
float time. etc. All Contract scheduled dates shall be shown.
19.5 Submittals
The duration of all activities shall be less than 5% of the contract time. The
complete project schedule shall be submitted within 14 days after issue of the
Letter of Acceptance. The submittal shall be in such details up to the satisfaction
The Engineer shall review the construction schedule and shall approve the initial
submittal as the Project Baseline Schedule by which the performance of the
Contractor will be measured.
Both the bar charts and network analysis schedules shall be continuously
monitored and kept current and updated by the Contractor throughout the work,
and at least on every milestone date, and submitted for approval. All revisions
shall be accompanied by a detailed explanation of the reasons for the changes
and describing any new or modified construction procedure proposed and, if
applicable, any steps being taken to improve progress.
20 Surveying
20.1 Based upon basic control points marked by Engineer, the Contractor shall mark
his own primary control points as required for the Work, and shall preserve and
maintain them until otherwise authorized.
20.3 The Contractor shall provide experienced construction surveyors, and survey
work shall be under the supervision and direction of an engineer with adequate
experience in construction surveys similar in nature as required by this Contract.
All survey work performed by the Contractor shall be subject to field and office
review, and subject to approval by the Engineer.
20.4 Based upon Engineer’s established basic control monuments the Contractor
shall establish all lines and grades necessary to control the Works, and shall be
responsible for all measurements that may be required for execution of the
Works to the tolerance described in these Specifications or on the Drawings.
20.5 The Contractor shall establish such additional stake markers, and other points
as may be necessary for control, intermediate checks, and guidance of
construction operations. Control lines for all structures will be identified and
shown on the Drawings.
20.6 The Contractor shall perform such surveys and computations as are necessary
to determine quantities of work performed or placed during each progress
payment period, and shall also perform all surveys necessary for the Engineer
to determine final quantities of work in place. The Engineer will determine final
20.7 The Contractor shall notify the Engineer in writing at least 24 hours before
performing a quantity survey and, unless specifically waived, quantity surveys
shall be performed in the presence of an authorized representative of the
Engineer.
20.9 The cost of all material, equipment and labor required for surveys for the layout
of Works and quantity surveys required by this clause shall be deemed to be
included in the rates and prices of the applicable items in the Bill of Quantities.
21. Record
a) Within 5 days from the end of each calendar month, the Contractor shall
submit 2 copies of monthly progress report which shall contain at least
the following information:
(i) Percentage progress of the Works compared with the approved
program, together with a description and percentage estimate of
the work programmed for the following month.
(ii) List of Contractor’s Equipment on Site together with its
deployment during the month.
(iii) List of all personnel employed on Site.
(iv) Accident record as defined in Sub-Clause 19.2 hereof.
(v) Summary of all work carried out during the month in question
together with a description of any difficulties or problems
occurring therein.
(vi) Description of the daily climatic conditions during the month.
(vii) Situation with respect to payments together with the dates on
which the Interim Payment Applications were submitted by the
Contractor.
(viii) Description of any claims made by the Contractor during the
month.
(ix) Progress photographs.
(x) Inventory of materials stored at site.
(xi) Tests in progress or already carried out during the month and
those planned for the next month.
The Contractor shall take and furnish photographs of the Works in progress as
required by the Engineer.
The Contractor shall not de-mobilize or shift from the Site, even on temporary basis,
any piece of plant & equipment, construction material(s) or manpower that has been
mobilized to the Site for the purpose of execution of the Works, unless a written
permission for the same is sought by the Contractor and granted by the Employer in
writing. The Contractor shall not be allowed to take any materials supplied by the
Employer out side site premises and all materials supplied by the Employer leftover at
the end of the project shall be the property of the Employer. The steel rebar scrap
quantity up to 3% and which is back charged to the Contractor shall be the property of
the Contractor. The Contractor may take out the steel bars scrap from project site with
the prior approval of the Employer at the end of the project.
Insurance Amount: All policies of insurance shall provide for payment of indemnity to
be made in such amounts as will allow making good the loss of or damage to the whole
or any part of the work with deductible amount (for CAR policy) not more than
Rs.500,000.
Insurance Companies: The Insurance Companies approved for the purpose of Clauses
21 – 25 shall be :
• IGI Insurance
• Efu
• Adamjee Insurance Company
24 TAXATION
i) The Prices quoted by the Contractor shall include all the taxes, duties and other
charges imposed outside the Employer’s country on the production,
manufacture, sale and transport of the Equipment, e. g., Construction Plant,
materials, vehicles and supplies to be used or furnished under the Contract, and
on the services performed under the Contract.
ii) The Price Bid by the Contractor shall include customs duties, import duties,
business taxes, sales taxes, income taxes that may be levied according to the
laws and regulations of the Provincial Government and Federal Government of
Pakistan as applicable for the time being in force. Nothing in the Contract shall
relieve the Contractor from his responsibility to pay any tax, under the
Government of Pakistan TAX LAWS, INCOME TAX ORDINANCE and
OTHER TAXES ENACTMENTS, from his responsibility to pay any tax
iii) Contractor’s staff, personnel and labour will be liable to pay personal income
taxes in the Employer’s country in respect of such of their salaries, wages and
other incomes and benefits as are chargeable under the laws, regulations acts
for the time being in force, and the Contractor shall perform such duties in
regard to such deductions thereof as may be imposed on him by such laws and
regulations and acts of the Government of Pakistan.
26 Temporary work
The Temporary Works or buildings required for Contractor's Site Office Stores etc.
shall be permitted to be constructed after formal approval of the Project Manager. The
costs involved in the construction of such Temporary Works shall be borne by the
Contractor.
Signature of Tenderer
Dated:
Name:
Company
Seal:
SPECIFICATIONS
TECHNICAL PROVISION
(Refer Volume-II)
DRAWINGS
(Refer Volume-IV)