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Orient Towers Ltd. Orient Square Hotel - Lahore.

INVITATION FOR BIDS

Condition Of Contract Page 1 of 84


Orient Towers Ltd. Orient Square Hotel - Lahore.

CONSTRUCTION OF ORIENT SQUARE HOTEL


NEAR EXPO CENTRE, M.A.JOHAR TOWN, LAHORE, PAKISTAN.

INVITATION FOR BIDS


(SHORING & WORKING PILES WORK)
(PACKAGE – 02)

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

Orient Towers Ltd.


26 KM, Multan Road,
Lahore, Pakistan.

4. A complete set of Bidding Documents may be purchased by an interested bidder on


submission of a written application to the above office and upon payment of a non-
refundable fee of Rs. 10,000.00 (Rupees Ten Thousand Only). The fee can be paid
either through a pay order or demand draft payable to the Orient Towers Ltd., 26 KM
Multan Road, Lahore between _____ March 2019 to _____ March 2019 during office
hours.

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.

6. General Description of The Project:

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.

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Orient Towers Ltd. Orient Square Hotel - Lahore.

7. Scope Of Work

The work covered in the contract includes the following:


i) Construction of Working Piles for raft foundation & pile caps.

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.

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Orient Towers Ltd. Orient Square Hotel - Lahore.

INSTRUCTIONS
TO BIDDERS

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Orient Towers Ltd. Orient Square Hotel - Lahore.

INSTRUCTIONS TO BIDDERS

A. GENERAL

IB.1 Scope of Bid

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.

IB.2 Source of Funds

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.

IB.3 Eligible Bidders

3.1 This Invitation for Bids is open to the bidders as invited meeting the following
requirements:

a. Duly licensed by the Pakistan Engineering Council (PEC) in the category


relevant to the value of the Works. Copy of the latest, valid Registration
Certificate is required to be submitted along with the bid.

IB.4 Cost of Bidding

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.

IB.5 Site Visit

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.

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Orient Towers Ltd. Orient Square Hotel - Lahore.

B. BIDDING DOCUMENTS

IB.6 Contents of 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.

IB.7 Clarification of Bidding Documents

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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.

IB.8 Amendment of Bidding Documents

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

IB.9 Language of Bid

9.1 The language of bid will be English.

IB.10 Documents Accompanying the Bid

10.1 Each bidder shall:

(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.

(c) provide with the following :

(i) Evidence of access to financial resources along with average annual


construction turnover;
(ii) Financial predictions for the current year and the two following years
including the effect of known commitments;
(iii) Work commitments;

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(iv) Current historical litigation information; and


(v) Availability of critical equipment.
and
(d) furnish a technical proposal taking into account the various Appendices to Bid.
(Note: A bid not accompanied by documents mentioned at (a), (b), (c) and
(d) above may be considered non-responsive.

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.

IB.11 Bid Prices

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.

IB.12 Currencies of Bid and Payment

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.

IB.13 Bid Validity

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.

IB.14 Bid Security

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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.

14.6 The Bid Security may be forfeited:


(a) if the bidder withdraws his bid except as provided in Sub-Clause 21.1;

(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.

IB.15 Alternate Proposals by Bidder

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.

IB.16 Pre-Bid Meeting

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.

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17.2 All appendices to Bid are to be properly completed and signed.

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

IB.18 Sealing and Marking of Bids

18.1 Each bidder shall submit his bid as under:

(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.

18.2 The inner and outer envelopes shall:

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(a) be addressed to the Employer at the address provided in the Bidding


Data;

(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.

IB.19 Deadline for Submission of Bids

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.

IB.20 Late Bids

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.

IB.21 Modification, Substitution and Withdrawal of Bids

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.

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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

IB.22 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.

22.2 Determine Of Responsiveness

Prior to the detailed evaluation of Bid, the Employer will determine whether
Bid is substantially responsive to the requirements of the Bid Documents.

22.3 Substantially Responsive Bid

For the purpose of this Clause, a substantially responsive Bid is one:

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. which is accompanied by the required securities and these securities are


valid and in good order

c. which is otherwise complete and generally in order

d. which conforms to all terms, conditions and specifications of the Bid


Document without any material deviation or reservation”.

A material deviation or reservation is one:

a) which would affect in any substantial way the price, scope,


quality or performance of the Work”, or

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b) which limits in any substantial way, inconsistent with the Bid


Documents, the Employer’s rights or Contractor’s obligations
under the Contract”, or

The Bid which is conditional or contains a material deviation or


reservation. will be rejected as non-responsive and shall not be
considered further.

22.4 Non-Responsive Bid To Be Rejected

If the Bid is not substantially responsive to the requirement of the Bid


Documents, it will be rejected by the Employer, and shall not subsequently
be made responsive by Contractor having corrected or withdrawn the non-
conforming deviation or reservation without due permission by the
Employer.

22.5 Correction Of Errors

Bids determined to be substantially responsive will be checked by the


Employer for any arithmetical errors in computation and summation. Errors
will be corrected by the Employer as follows;

a) where there is a discrepancy between amounts in figures and in


words, the amounts in words will govern; and

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.

22.6 Adjustment Due To Correction

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.

22.7 Exclusion Of Price Adjustment Provisions In Bid Evaluation

Price adjustment provisions applying to the period of execution of the


Contract shall not be taken into account in Bid evaluation.

F. AWARD OF CONTRACT

IB.23 Award

23.1 Subject to sub clause (IB-23.2) hereof, the Employer will award the Contract

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to Contractor if its Bid has been determined to be substantially responsive


to the Bid Documents and provided further that the Contractor has the
capability and resources to carry out the Contract effectively.

23.2 Employer’s Right To Accept Or Reject Bid

Notwithstanding sub-clause (IB-23.1) of this clause, the Employer reserves


the right to accept or reject the Bid, without assigning any reason
whatsoever.

23.3 Letter Of Acceptance

Prior to the expiration of the period of Bid validity prescribed by the


Employer, the Employer will notify the successful Contractor by fax and
confirm in writing by registered letter that his Bid has been accepted. This
letter (hereinafter and in the Conditions of Contract called “Letter of
Acceptance), shall name the sum which the Employer will pay to the
Contractor in consideration of the execution, completion and maintenance
of the Work by the Contractor as prescribed by the Contract (hereinafter and
in the Conditions of Contract called “the Contract Price”). The Letter of
Acceptance will constitute the formation of the Contract.

23.4 Execution Of Contract Agreement

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.

IB.24 Performance Security

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.

IB.25 Signing of Contract Agreement

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.

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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.

IB.26 General Performance of the Bidders

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.

IB.27 Instructions not Part of Contract

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.

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BIDDING DATA

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Bidding Data

1.1 Name and address of the Employer:

Orient Towers Ltd.


26 KM Multan Road,
Lahore, Pakistan.

1.2 Name of the Project & Summary of the Work.

Orient Square Hotel


Near Expo Centre,
M.A.Johar Town,
Lahore, Pakistan.

Construction Of The Shoring & Working Piles (Package – 02)

8.1 Time limit for clarification:

05 (Five) working days.

10.1 Bid language:

English.

11.1(c) Furnish Technical Proposal:

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.

14.1 Period of Bid Validity:

90 working days from the date of opening of the bids.

15.1 Amount of Bid Security:

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.

17.1 Venue, time and date of the pre-Bid meeting:

Shall be Notified Venue, time & date (if held)

18.4 Number of copies of the Bid to be completed and returned:

One original and two copies


Moreover, a CD of the original is also required.

19.2(a) Employer's address for the purpose of Bid submission:

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Orient Towers Ltd. Orient Square Hotel - Lahore.

Office of Muhammad Rameez Arshad


Orient Towers Ltd.
26 KM, Multan Road,
Lahore, Pakistan.

19.2(b)Name and Number of the Contract:

Construction of Shoring & Working Piles

Contract # Pacakage – 02

20.1(a)Deadline for submission of bids:

Date as announced in “Invitation of Bid”

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.

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FORM OF BID
AND
APPENDICES TO BID

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FORM OF BID

Bid Reference No. ________________


(Name of Contract/Works)

To:

Orient Towers Ltd.


26 KM, Multan Road,
Lahore, Pakistan.

CONSTRUCTION OF ORIENT SQUARE HOTEL,


NEAR EXPO CENTRE, M.A.JOHAR TOWN, LAHORE
(PACKAGE-02 CONSTRUCTION OF SHORING & WORKING PILES).

Dear Sir,

1. Having examined the Bidding Documents including Instructions to Bidders, Bidding


Data, Conditions of Contract. Specifications, Drawings and Bill of Quantities and
Addenda Nos. _________________________________for the execution of the above-
named Works, we, the undersigned, offer to execute and complete such Works and
remedy any defects therein in conformity with the Conditions of Contract.
Specifications, Drawings, Bill of Quantities and Addenda for the sum of Rs.
_____________________________________________________________ (Rupees
__________________________________________________________) or such other
sum as may be ascertained in accordance with the said conditions.

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.

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Dated this ___________day of________________2019

Signature: ________________________

Name: ________________________________

in the capacity of _______duly authorized to sign Bids for and on behalf of

________________________________________________________
(Name of Bidder in Block Capitals)
(Seal)

Address:___________________________________________________________

__________________________________________________________________

__________________________________________________________________

Witness:

Signature: _____________________________

Name: ________________________________

Address.____________________________________________________________________

Occupation__________________________________________________________________

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Orient Towers Ltd. Orient Square Hotel - Lahore.

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.

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Appendix-B to Bid

FOREIGN CURRENCY REQUIREMENTS

1. The Bidder may indicate here in below his requirements of foreign currency (if any),
with reference to various inputs to the Works.

2. Foreign Currency Requirement as percentage of the Bid Price excluding Provisional


Sums _______%.

3. Table of Exchange Rates

Unit of Currency Equivalent in Pak.


Rupees

Australian Dollar --------------------------


Euro --------------------------
Japanese Yen --------------------------
U.K. Pound --------------------------
U.S. Dollars --------------------------
--------------------------- --------------------------
--------------------------- --------------------------

THIS PAGE STANDS


DELETED

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Appendix-C To Bid

PRICE ADJUSTMENT UNDER CLAUSE 70


OF CONDITIONS OF CONTRACT

The source of indices and the weightages or coefficients for use in the adjustment
formula under Clause 70 shall be as follows:

(To be filled by the Employer)

Cost Description Weightages Applicable index


Element
1 2 3 4

(i) Fixed Portion


(ii) Local Labour Government of Pakistan (GP)
Federal Bureau of Statistics (FBS)
Monthly Statistical Bulletin.
(iii) Cement – in bags “ “ “
(iv) Reinforcing Steel “ “ “
(v) High Speed Diesel (HSD) “ “ “
(vi) Block “ “ “
“ “ “

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.

THIS PAGE STANDS


DELETED

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Appendix-D to Bid

BILL OF QUANTITIES

A. Work Items

1. The Bill of Quantities placed in Volume III :

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Appendix-E to Bid

PROPOSED CONSTRUCTION SCHEDULE

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):

Description Time for Completion

a) Whole Works 3 months.

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

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Orient Towers Ltd. Orient Square Hotel - Lahore.

Appendix-F to Bid

METHOD OF PERFORMING THE WORK

[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.

2. Mobilization in Pakistan, the type of facilities including personnel accommodation,


office accommodation, provision for maintenance and for storage, communications,
security and other services to be used.

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.

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Appendix-G to Bid

LIST OF MAJOR EQUIPMENT – RELATED ITEMS

[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.]

LIST OF MAJOR EQUIPMENT

Owned Description of Capacity Condition Present Date of Period of


Purchased Unit (Make, HP Rating Location or Delivery at Work on
or Leased Model, Year) Source Site Project
1 2 3 4 5 6 7
a. Owned

b. To be
Purchased

c. To be
arranged
on Lease

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Appendix-H to Bid

CONSTRUCTION CAMP AND HOUSING FACILITIES

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:

1. Site Preparation (clearing, land preparation, etc.).

2. Provision of Services.

a) Power (expected power load, etc.).


b) Water (required amount and system proposed).
c) Sanitation (sewage disposal system, etc.).

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).

5. Health & Safety Plan

6. Other Items Proposed (Security services, etc.).

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Orient Towers Ltd. Orient Square Hotel - Lahore.

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.

Part of Works Subcontractor


(Give Details) (With Complete Address)
1 2

Note : Appointment of sub-contractor will be require prior approval of the Employer.

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Appendix-J to Bid

ESTIMATED PROGRESS PAYMENTS

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:

Quarter/ Year/ Period Amounts


(1,000 Rs.)
1 2

1st Month

2nd Month

3rd Third

Bid Price

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Appendix-K to Bid

ORGANIZATION CHART
FOR THE
SUPERVISORY STAFF AND LABOUR

( Attached separate sheets as necessary).

Note: Enclosed the Cv’s & Experience of the Key Personnel who will be assigned to the
Contract.

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Appendix-L to Bid

ESTIMATED SCHEDULES OF QUANTITIES / BILLING

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:

Month Units Monthly Value Cumulative


Value
No. 1

No. 2

No. 3

No. 4

No. 5

No. 6

No. 7

No. 8

No. 9

No. 10

No. 11

Total

A) Schedule Of Employer Supplied Materials

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.

B) Schedule Of Other Major Resource Inputs

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.

C) Schedule Of Quantities Of Major BOQ Items

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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.

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FORMS

BID SECURITY
PERFORMANCE SECURITY
CONTRACT AGREEMENT
MOBILIZATION ADVANCE GUARANTEE/BOND

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BID SECURITY
(Bank Guarantee)

Security Executed on _______________________________________________________


(Date)
Name of Surety (Bank) with Address: ________________________________________
(Scheduled Bank in Pakistan)
Name of Principal (Bidder) with Address _______________________________________
________________________________________________________________________
Penal Sum of Security Rupees . _____________________(Rs. _____________________)
Bid Reference No. _______________________________________________________
KNOW ALL MEN BY THESE PRESENTS, that in pursuance of the terms of the Bid and at
the request of the said Principal (Bidder) we, the Surety above named, are held and firmly
bound unto ______________________________________________________
(hereinafter called the 'Employer') in the sum stated above for the payment of which sum well
and truly to be made, we bind ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents.

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

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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

Corporate Secretary (Seal) Corporate Guarantor (Seal)

2. _______________________

Name, Title & Address

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FORM OF PERFORMANCE SECURITY


(Bank Guarantee)

Guarantee No.____________________
Executed on _____________________
Expiry date _____________________
[Letter by the Guarantor to the Employer]

Name of Guarantor (Bank) with address:_______________________________________


(Scheduled Bank in Pakistan)
Name of Principal (Contractor) with address:____________________________________
________________________________________________________________________
Penal Sum of Security (express in words and figures)_____________________________
________________________________________________________________________
Letter of Acceptance No. ________________________________Dated ______________
KNOW ALL MEN BY THESE PRESENTS, that in pursuance of the terms of the Bidding
Documents and above said Letter of Acceptance (hereinafter called the Documents) and at the
request of the said Principal we, the Guarantor above named, are held and firmly bound unto
the __________________________________________________ (hereinafter called the
Employer) in the penal sum of the amount stated above for the payment of which sum well and
truly to be made to the said Employer, we bind ourselves, our heirs, executors, administrators
and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has
accepted the Employer's above said Letter of Acceptance for ________
________________________________ (Name of Contract) for the _______________
_______________________________ (Name of Project).

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.

We, ____________________________________ (the Guarantor), waiving all objections and


defences under the Contract, do hereby irrevocably and independently guarantee to pay to the
Employer without delay upon the Employer's first written demand without cavil or arguments
and without requiring the Employer to prove or to show grounds or reasons for such demand
any sum or sums up to the amount stated above, against the Employer's written declaration
that the Principal has refused or failed to perform the obligations under the Contract which
payment will be effected by the Guarantor to Employer’s designated Bank & Account Number.

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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. _______________________

Name, Title & Address Corporate Guarantor (Seal)

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FORM OF CONTRACT AGREEMENT

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:

(a) The Contract Agreement;


(b) The Letter of Acceptance;
(c) The completed Form of Bid;
(d) Special Stipulations (Appendix-A to Bid);
(e) The Particular Conditions of Contract – Part II;
(f) The General Conditions – Part I;
(g) The priced Bill of Quantities (Appendix-D to Bid);
(h) The completed Appendices to Bid (B, C, E to L);
(i) The Drawings;
(j) The Specifications.
(k) _____________________________ (any other)

3. In consideration of the payments to be made by the Employer to the Contractor as


hereinafter mentioned, the Contractor hereby covenants with the Employer to execute
and complete the Works and remedy defects therein in conformity and in all respects
with the provisions of the Contract.
4. The Employer hereby covenants to pay the Contractor, in consideration of the execution
and completion of the Works as per provisions of the Contract, the Contract Price or
such other sum as may become payable under the provisions of the Contract at the times
and in the manner prescribed by the Contract.

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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.

Signature of the Contactor Signature of Employer

______________________ _____________________
(Seal) (Seal)

Signed, Sealed and Delivered in the presence of:

Witness: Witness:

________________________ ______________________________

(Name, Title and Address) (Name, Title and Address)

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.

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MOBILIZATION ADVANCE GUARANTEE/BOND

Guarantee No._________________________ Date ______________________________

WHEREAS ______________(hereinafter called the 'Employer') has entered into a Contract


for ___________________________________________________________
(Particulars of Contract)
with _________________ (hereinafter called the "Contractor').

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.

AND WHEREAS, ________________________________________________________


(Scheduled Bank in Pakistan)
(hereinafter called the “Guarantor”) at the request of the Contractor and in consideration of the
Employer agreeing to make the above advance to the Contractor, has agreed to furnish the said
Guarantee.

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

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1. Signature _________________
2. Name _________________
3. Title _________________

WITNESS

1. ______________________
Corporate Secretary (Seal)

2. _______________________

(Name Title & Address) Corporate Guarantor(Seal)

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CONDITIONS OF CONTRACT

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Notes on the Conditions of Contract

The Conditions of Contract comprise two parts and are based on Pakistan Engineering
Council’s Standard Form of Bidding Documents:

(a) Part I - General Conditions of Contract


(b) Part II - Particular Conditions of Contract

The General Conditions of Contract as a part of Civil Engineering Contract is a document


prepared by the International Federation of Consulting Engineers ( Federation International des
Ingenieurs-Conseils, or FIDIC) and is commonly known as the FIDIC Conditions of Contract.
(The used version is the fourth edition, 1987, reprinted in 1992 with further amendments),
whose address is as follows:
FIDIC Secretariat
P.O.Box 86.
1000 Lausanne 12
Switzerland
e-mail: fidic.pub@fidic.org-FIDIC.org/bookshop

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

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PART II - PARTICULAR CONDITIONS OF CONTRACT

Clause Title Page

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

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53.4 Failure to Comply 60
54.3 Customs Clearance 60
54.5 Conditions of Hire of Contractor’s Equipment 60
59.4 Payments to Nominated Sub-contractors 60
59.5 Evidence of Payments 61
60.1 Monthly Statements 61
60.2 Monthly Payments 62
60.10 Time for Payment 62
60.11 Secured Advance on Materials 63
60.12 Financial Assistance to Contractor 63
63.1 Default of Contractor 63
65.2 Special Risks 63
67.3 Arbitration 63
68.1 Notice to Contractor 64
68.2 Notice to Employer and Engineer 64
70.1 Increase or Decrease of Cost 64
73.1 Payment of Income Tax 64
73.2 Customs Duty & Taxes 65
74.1 Integrity Pact 65
75.1 Termination of Contract for Employer’s Convenience 65
76.1 Liability of Contractor 65
77.1 Joint and Several Liability 65
78.1 Details to be Confidential 65

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PART II - PARTICULAR CONDITIONS OF CONTRACT

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.

The following paragraph is added:

(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.

(b)(v) The following is added at the end of the paragraph:

The word “Tender” is synonymous with “Bid” and the word “Tender Documents” with
“Bidding Documents”.

The following paragraph is added:

(b)(ix) “Programme” means the programme to be submitted by the Contractor in accordance


with Sub-Clause 14.1 and any approved revisions thereto.

(e)(i) The text is deleted and substituted with the following:

“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.

(g)(iv) Add the words “ and e-mail, CD or DVD”.

2.1 Engineer's Duties and Authority

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

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Physical Obstructions or Conditions”.

(iii) Any action under Clause 10 “Performance Security” and Clauses 21,23,24 &
25 “Insurance” of sorts.

(iv) Any action under Clause 40 “Suspension”.

(v) Any action under Clause 44 “Extension of Time for Completion”.

(vi) Any action under Clause 47 “Liquidated Damages for Delay” or Payment of
Bonus for Early Completion of Works (PCC Sub-Clause 47.3).

(vii) Issuance of “Taking over Certificate” under Clause 48.

(viii) Issuing a Variation Order under Clause 51,except:

a) in an emergency* situation, as stated here below, or

b) if such variation would increase the Contract Price by less than the
amount stated in the Appendix-A to Bid.

(ix) Fixing rates or prices under Clause 52.

(x) Extra payment as a result of Contractor’s claims under Clause 53.

(xi) Release of Retention Money to the Contractor under Sub-Clause 60.3 “Payment
of Retention Money”.

(xii) Issuance of “Final Payment Certificate” under Sub-Clause 60.8.

(xiii) Issuance of “Defect Liability Certificate” under Sub-Clause 62.1.

(xiv) Any change in the ratios of Contract currency proportions and payments thereof
under Clause 72 “Currency and Rate of Exchange”.

(Note: Employer may further vary according to need of the project)

* (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.)

2.2 Engineer’s Representative

The following paragraph is added:

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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)

The following Sub-Clauses 2.7 and 2.8 are added:

2.7 Engineer Not Liable

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.

2.8 Replacement of the Engineer

“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.”

5.1 Language(s) and Law

(a) The Contract Documents, shall be drawn up in the English language.


(b) The Contract shall be subject to the Laws of Islamic Republic of Pakistan.

5.2 Priority of Contract Documents

The documents listed at (1) to (6) of the Sub-Clause are deleted and substituted with
the following:

(1) The Contract Agreement (if completed);


(2) The Letter of Acceptance;
(3) The completed Form of Bid;
(4) Special Stipulations (Appendix-A to Bid);
(5) The Particular Conditions of Contract – Part II;
(6) The General Conditions – Part I;
(7) The priced Bill of Quantities (Appendix-D to Bid);
(8) The completed Appendices to Bid (B, C, E to L);
(9) The Drawings;
(10) The Specifications; and
(11) (any other).

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

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Specifications shall be interpreted in conformity with the Contract and these
Conditions. Addendum, if any, shall be deemed to have been incorporated at the
appropriate places in the documents forming the Contract.

The following Sub-Clauses 6.6 and 6.7 are added:

6.6 Shop Drawings

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.

6.7 As-Built Drawings

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.

10.1 Performance Security

The text is deleted and substituted with the following:

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 following Sub-Clause10.4 is added:

10.4 Performance Security Binding on Variations and Changes

The Performance Security shall be binding irrespective of changes in the quantities or


variations in the Works or extensions in Time for Completion of the Works which are
granted or agreed upon under the provisions of the Contract.

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14.1 Programme to be submitted

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:

i) a Primavera (P-6) identifying the critical activities OR.


ii) a CPM identifying the critical path/activities.

14.3 Cash Flow Estimate to be Submitted

The detailed Cash Flow Estimate shall be submitted within 14 days from the date of
receipt of Letter of Acceptance

The following Sub-Clause 14.5 is added:

14.5 Detailed Programme and Monthly Progress Report

a) For purposes of Sub-Clause 14.1, the Contractor shall submit to the Engineer
detailed programme for the following:

(1) Execution of Works;


(2) Labour Employment;
(3) Local Material Procurement;
(4) Material Imports, if any; and
(5) Other details as required by the Engineer.

(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:

(1) A Construction Schedule indicating the monthly progress in percentage;


(2) Description of all work carried out since the last report;
(3) Description of the work planned for the next 56 days sufficiently
detailed to enable the Engineer and or the Project Manager to determine
his programme of inspection and testing;
(4) Monthly summary of daily job record;
(5) Photographs to illustrate progress ;and
(6) Information about problems and difficulties encountered, if any, and
proposals to overcome the same.

(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.

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The following Sub-Clauses 15.2 and 15.3 are added:

15.2 Language Ability of Contractor’s Representative

The Contractor’s authorized representative shall be fluent in the English language.


Alternately an interpreter with ability of English language shall be provided by the
Contractor on full time basis.

15.3 Contractor’s Representative

The Contractor’s authorised representative and his other professional engineers


working at Site shall register themselves with the Pakistan Engineering Council.

The Contractor’s authorised representative at Site shall be authorised to exercise


adequate administrative and financial powers on behalf of the Contractor so as to
achieve completion of the Works as per the Contract.

The following Sub-Clauses 16.3 and 16.4 are added:

16.3 Language Ability of Superintending Staff of Contractor

A reasonable proportion of the Contractor's superintending staff shall have a working


knowledge of the English language. If the Contractor’s superintending staffs is not
fluent in English language, the Contractor shall make competent interpreters available
during all working hours in a number deemed sufficient by the Engineer.

16.4 Employment of Local Personnel

The Contractor is encouraged, to the extent practicable and reasonable, to employ staff
and labour from sources within Pakistan.

The following Sub-Clauses 19.3 and 19.4 are added:

19.3 Safety Precautions

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.

19.4 Lighting Work at Night

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In the event of work being carried out at night, the Contractor shall at his own cost,
provide and maintain such good and sufficient light as will enable the work to proceed
satisfactorily and without danger. The approaches to the Site and the Works where the
night-work is being carried out shall be sufficiently lighted. All arrangement adopted
for such lighting shall be to the satisfaction of the Engineer’s Representative. However,
no work will be carried out at night without prior approval of the Employer.

20.4 Employer’s Risks

The Employer’s risks are:

Delete the text and substitute with the following:

(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:

(i) could not have reasonably foreseen, or


(ii) could reasonably have foreseen, but against which he could not
reasonably have taken at least one of the following measures:
(a) prevent loss or damage to physical property from occurring by
taking appropriate measures, or
(b) insure against.

21.1 Insurance of Works and Contractor’s Equipment

In clause 21.1(b), read 25%, instead of 15%.

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21.4 Exclusions

The text is deleted and substituted with the following:

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 following Sub-Clause 25.5 is added:

25.5 Insurance Company

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.

Costs of such insurances shall be borne by the Contractor.

The following Sub-Clause 31.3 is added:

31.3 Co-operation with other Contractors

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 following Sub-Clauses 34.2 to 34.12 are added:

34.2 Rates of Wages and Conditions of Labour

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.

34.3 Employment of Persons in the Service of Others

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.

34.4 Housing for Labour

Save insofar as the Contract otherwise provides, the Contractor shall provide, if not
provided for otherwise elsewhere in these documents, and maintain such housing

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accommodation and amenities as he may consider necessary for all his supervisory staff
and labour, employed for the purposes of or in connection with the Contract including
all fencing, electricity supply, sanitation, cookhouses, fire prevention, water supply and
other requirements in connection with such housing accommodation or amenities. On
completion of the Contract, these facilities shall be handed over to the Employer or if
the Employer so desires, the temporary camp or housing provided by the Contractor
shall be removed and the Site reinstated to its original condition, all to the approval of
the Engineer.

34.5 Health and Safety

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.

34.7 Supply of Water

The Contractor shall, so far as is reasonably practicable, having regard to local


conditions, provide on the Site, to the satisfaction of the Engineer or his representative,
adequate supply of drinking and other water for the use of his staff and labour.

34.8 Alcoholic Liquor or Drugs

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.

34.9 Arms and Ammunition

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.

34.10 Festivals and Religious Customs

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.

34.11 Disorderly Conduct

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

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peace and protection of persons and property in the neighbourhood of the Works against
the same.

34.12 Compliance by Subcontractors

The Contractor shall be responsible for compliance by his Subcontractors of the


provisions of this Clause.

The following Sub-Clauses 35.2 and 35.3 are added:

35.2 Records of Safety and Health

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.

35.3 Reporting of Accidents

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 following Sub-Clause 36.6 is added:

36.6 Use of Pakistani Materials and Services

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.

41.1 Commencement of Works

The text is deleted and substituted with the following:

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.

The following Sub-Clause 45.2 is added:

45.2 Restriction on Working Hours

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

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Manager. The Contractor shall in the carrying out of the Works on Site shall comply
with the requirements of site safety and privacy of neighborhood regarding noise
control.

The following Sub-Clause 47.3 is added:

47.3 Bouns for Early Completion of Work

DELETED

48.2 Taking Over of Sections or Parts

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”.

51.2 Instructions for Variations

At the end of the first sentence, after the word “Engineer", the words or the Project
Manager, “in writing” are added.

52.1 Valuation of Variations

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.

53.4 Failure to Comply

This Sub-Clause is deleted in its entirety.

54.3 Customs Clearance

This sub-Clause is deleted in its entirety.

54.5 Conditions of Hire of Contractor’s Equipment

The following paragraph is added:

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 following Sub-Clauses 59.4 & 59.5 are added:

59.4 Payments to Nominated Subcontractors

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

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[Provisional Sums], except as stated in Sub-Clause 59.5 [Certification of Payments].

59.5 Certification of Payments & Nominated Subcontractors

Before issuing a Payment Certificate which includes an amount payable to a nominated


Subcontractor, the Engineer may request the Contractor to supply reasonable evidence
that the nominated Subcontractor has received all amounts due in accordance with
previous Payment Certificates, less applicable deductions for retention or otherwise.
Unless the Contractor:

a) submits reasonable evidence to the Engineer, or


b) i) satisfies the Engineer in writing that the Contractor is reasonably entitled
to withhold or refuse to pay these amounts, and
ii) submits to the Engineer reasonable evidence that the nominated
Subcontractor has been notified of the Contractor’s entitlement,

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.

60.1 Monthly Statements

The text is deleted and substituted with the following:

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:

(a) the value of the Permanent Works executed,

(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,

(d) adjustments under Clause 70, and

(e) any other sum to which the Contractor may be entitled under the Contract or
otherwise.

60.2 Monthly Payments

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The text is deleted and substituted with the following:

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.

60.10 Time for Payment

The text is deleted and substituted with the following:

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.

The following Sub-Clause 60.11is added:

60.11 Secured Advance on Materials

DELETED

60.12 Financial Assistance to Contractor ( Mobilization Advance)

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).

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63.1 Default of Contractor

The following para is added at the end of the Sub-Clause:

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.

65.2 Special Risks

The text is deleted and substituted with the following:


The Special Risks are the risks defined under Sub-Clause 20.4 sub paragraphs (a) (i) to
(a) (v).

67. 3 Arbitration

The text is deleted and substituted with the following:

Any dispute in respect of which:

(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.

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68.2 Notice to Employer and Engineer


For the purposes of this Sub-Clause, the respective address are:
a) The Employer
Orient Towers Ltd.
26 KM, Multan Road,
Lahore, Pakistan.
b) Project Manager
Orient Towers Ltd.
26 KM, Multan Road,
sLahore, Pakistan.
70.1 Increase or Decrease of Cost
Sub-Clause 70.1 is deleted in its entirety.
The following Sub-Clauses 73.1, 73.2, 74.1, 75.1, 76.1, 77.1and 78.1 are added:

73.1 Payment of Income Tax


The Contractor, Subcontractors and their employees shall be responsible for payment
of all their income tax, super tax and other taxes on income arising out of the
Contract
and the rates and prices stated in the Contract shall be deemed to cover all such taxes.

73.2 Customs Duty & Taxes


The Employer is not in any way liable to pay any customs duty and taxes payable or
paid by the contractor.
74.1 Integrity Pact
Not Applicable
75.1 Termination of Contract for Employer's Convenience

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 :

(a) shall proceed as provided in Sub-Clause 65.7 hereof; and


(b) shall be paid by the Employer as provided in Sub-Clause 65.8 hereof.
76.1 Liability of Contractor
The Contractor or his Subcontractors or assigns shall follow strictly, all relevant labour
laws including the Workmen's Compensation Act and the Employer shall be fully
indemnified for all claims, damages etc. arising out of any dispute between the
Contractor, his Subcontractors or assigns and the labour employed by them.
77.1 Joint and Several Liability
If the Contractor is a joint venture of two or more persons, all such persons shall be
jointly and severally bound to the Employer for the fulfilment of the terms of the
Contract and shall designate one of such persons to act as leader with authority to bind

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the joint venture. The composition or the constitution of the joint venture shall not be
altered without the prior consent of the Employer.
78.1 Details to be Confidential

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.

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PART II –PARTICULAR CONDITIONS OF CONTRACT

Index Clause

Alcoholic Liquor or Drugs 34.8


Arbitration 67.3
Arms and Ammunition 34.9
As-Built Drawings 6.7
Bonus for Early Completion of Works 47.3
Cash Flow Estimate to be Submitted 14.3
Commencement of Works 41.1
Compliance by Sub-Contractors 34.12
Conditions of Hire of Contractor’s Equipment 54.5
Contractor’s Representative 15.3
Co-operation with Other Contractors 31.3
Customs Clearance 54.3
Customs Duty and Taxes 73.2
Default of Contractor 63.1
Definitions 1.1
Detailed Programme and Monthly Progress Report 14.5
Details to be Confidential 78.1
Disorderly Conduct 34.11
Employer’s Risks 20.4
Employment of Local Personnel 16.4
Employment of Persons in the Service of Others 34.3
Engineer Not Liable 2.7
Engineer’s Duties and Authority 2.1
Engineer’s Representative 2.2
Epidemics 34.6
Exclusions 21.4
Failure to Comply 53.4
Festivals and Religious Customs 34.10
Financial Assistance to Contractor 60.11
Health and Safety 34.5
Housing for Labour 34.4
Increase or Decrease of Cost 70.1
Instructions for Variations 51.2
Insurance of Works and Contractor’s Equipment 21.1
Insurance Company 25.5
Integrity Pact 74.1
Joint and Several Liability 77.1
Language Ability of Contractor’s Representative 15.2
Language Ability of Superintending Staff of Contractor 16.3
Language(s) and Law 5.1
Liability of Contractor 76.1
Lighting Work at Night 19.4
Monthly Payments 60.2
Monthly Statements 60.1
Notice to Contractor 68.1

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Index Clause
Notice to Employer and Engineer 68.2
Payment of Income Tax 73.1
Payments of Nominated Subcontractors 59.4
Performance Security 10.1
Performance Security Binding on Variation and Changes 10.4
Priority of Contract Documents 5.2
Programme to be Submitted 14.1
Rates of Wages and Conditions of Labour 34.2
Records of Safety and Health 35.2
Replacement of the Engineer 2.8
Reporting of Accidents 35.3
Safety Precautions 19.3
Secured Advance on Materials 60.11
Shop Drawings 6.6
Special Risks 65.2
Supply of Water 34.7
Taking Over of Sections or Parts 48.2
Termination of Contract for Employer’s Convenience 75.1
Time for Payment 60.10
Use of Pakistani Materials and Services 36.6
Valuation of Variations 52.1

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SPECIFICATIONS
SPECIAL PROVISION

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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.

3. Supply of Water & Power

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.

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5. Contract Drawings

5.1 Tender Drawings

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

5.2 Construction Drawings

After award of the Contract, Drawings for construction including


supplementary specifications as may be necessary shall be issued after receipt
from the consultant. Such Drawings and Specifications shall be construed to be
included in the expression: Supplementary Drawings and Instructions under
Clause 7.1 of the Conditions of Contract. The work shall be executed in
conformity with drawings issued for Construction. The Contractor shall be
issued Two Prints of each Construction Drawings free of cost. The Contractor
shall make his own arrangements for making further copies.

5.3 Checking Drawings

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.

5.4 Record Drawings

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

When additional information regarding the geological formations, or other conditions


becomes available as a result of excavation, testing or exploratory boring work, the
Engineer may find it desirable to change dimensions, or design of one or more features
of works to conform to the newly disclosed conditions. Towards this end the Engineer
reserves the right to make such reasonable changes, and the Contractor shall
accommodate any such changes in the works in accordance with Clause 51 of
Conditions of Contract.

7. Drawings And Data To Be Furnished By Contractor

7.1 Shop and Reinforcement Drawings

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

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Engineer. Written drawing matter shall be in English. If more detailed drawings
are necessary to complete any part of the work, such detailed drawings shall be
prepared by the Contractor and submitted to the Engineer for approval. All
drawings shall be complete and shall be submitted in due time and in logical
order to facilitate proper coordination.

7.2 Lift and Placement Drawings

At least 02 days prior to starting construction of any concrete lift or other


placement the Contractor shall submit lift or other placement drawings to the
Engineer for approval. Lift or other placement drawings shall be to such scale
as to show clearly all recesses, openings and embedded work, including
embedded structural, mechanical and electrical items(if any), in each lift in
sufficient detail for proper installation and prosecution of the work,

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.

7.3 Procedure for Submittal of Contractor’s Drawings

Except as otherwise specified. two copies of such drawings shall be submitted


to the Engineer in the form of prints. One print each of these drawings will be
returned to the Contractor by the Engineer within 07 days after receipt, marked
“Approved” or ‘Approved Except as Noted” will authorize the Contractor to
proceed with the construction operations covered by such drawings, subject to
the corrections. if any noted thereon. When prints of drawings have been
marked ‘Returned for Correction”. the Contractor shall make the necessary
revisions on the drawings and shall, within 07days. submit prints for approval
in the same manner as before. Any construction or fabricating or manufacturing
during or before approval of the drawings will be at the Contractor’s risk. The
Engineer shall have the right to require the Contractor to make any changes in
the design which may be necessary, in the opinion of the Engineer, to make the
materials or equipment conform to the requirements and intent of these
Specifications without additional cost to the Employer. Approval of the
Contractor drawings shall not be held to relieve the Contractor of any part of his
obligation to meet all of the requirements of these Specifications or of the
responsibility for the correctness of his drawings. The Contractor shall furnish
to the Engineer two prints of all final approved drawings.

All of the applicable requirements of this Clause with reference to drawings to


be prepared by the Contractor shall apply equally to catalogues, illustrations,
printed specifications or other data submitted for approval.

7.4 Other Drawings

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Drawings showing proposed methods of constructing temporary works and


other drawings additional to those referred to herein above required by the
Specifications, shall also be submitted to the Engineer for approval or review as
deemed necessary by the Engineer.

7.5 Ownership of Drawings etc.

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.

8. Cooperation With Other Contractors

The construction of Works included in this Contract involves the construction


operations to be carried out in the vicinity of Works by other contractors. Nothing
contained herein and nothing marked on the Drawings shall be interpreted as giving the
Contractor or other contractors of the Employer exclusive occupancy of the area
provided by the Employer. When the area of one contract is the convenient means of
access for the execution of another contract, such privilege of access or any other
reasonable privilege shall be granted by the Contractor or by other Contractors of the
Employer to the extent in the manner and at the times deemed necessary by the
Engineer. Any difference or conflict, which may arise between the Contractor and other
contractors of the Employer will be adjusted and determined by the Engineer. No joint
occupancy or use of area shall be made the basis of any claim for delay or damages to
or against the Employer.

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.

10. Night Work

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.

12. Plant, Equipment And Tools

The contractor shall provide at his own cost modern plant, equipment and tools

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adequate and befitting to the nature, magnitude and size of this contract, in strict
compliance with the requirements of Conditions of Contract.

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. STANDARDS AND SPECIFICATIONS

13.1 Except as otherwise provided by these Specifications or the Drawings, all


materials, equipment and fabrication and testing thereof shall conform to the
latest applicable standards and specifications contained in the following list or
to equivalent applicable standards and specifications established and approved
in the country of manufacture or supply:

AASHTO American Association of State Highway & Transportation Officials


ASTM American Society for Testing Materials
AISC American Institute of Steel Construction
ASME American Society’ of Mechanical Engineers
ASA American Standards Association American Welding Society
ACI American Concrete Institute USBR U.S. Bureau of Reclamation

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. Responsibilities Of The Employer

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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.

15.2 Land for Labor Camps and Staff Residences

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.

15.3 Area for Storage, Warehouse and Workshop

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. Responsibilities Of The Contractor

16.1 General

The Contractor shall provide all offices, workshops, warehouses, residential


areas, dispensaries, recreational, religious and other camp and sub camp
facilities entirely at his own cost.

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.

Approval by the Engineer of the Contractor’s drawings and specifications shall


not relieve the Contractor of full responsibility for obtaining all necessary
approvals, and constructing the construction camps and facilities in complete
accordance with the requirements of Employer and national and local laws,
regulations, rules and codes. Ceiling heights shall be at least 10 feet in all
buildings which shall have adequate ventilation and air circulation. Ceiling fans

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of adequate size and capacity commensurate with the size of the room with an
electrical power outlet located adjacent thereto shall be provided in all rooms of
all buildings whether air-conditioned or not, except as otherwise approved by
the Engineer.

16.2 Buildings and Camps

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.

Housing for the Contractor’s personnel shall be constructed in accordance with


his own requirements and certain Pakistan standards as specified herein so as to
be suitable for the works. Housing shall be located in separate areas.

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 construction. operation and maintenance of the Contractor’s labor camp


shall conform to the requirements of the Pakistan Labor Camps Rules, 1960 as
published in the Gazette of Pakistan. dated June 3, 1960. and to amendments to
the Rules which may be officially promulgated from time to time and to all
applicable provisions of the Pakistan Labor Laws.

16.3 Temporary Sanitary Facilities

a) Contractor shall provide adequate temporary sanitary conveniences for


the use of all employees and persons engaged on the work, including
subcontractors, the Engineer and their employees.
b) in addition to toilet facilities, suitable and adequate washing facilities
shall be provided.
c) Sanitary facilities shall be located where directed or approved by the
Engineer and shall be maintained in a clean and sanitary condition
during the entire course of the work.
d) At completion of the work, sanitary facilities shall be properly
disinfected and all evidence of same including temporary buried tanks
and foundation removed from the site.
e) The septic tank and/or temporary holding tank(s) shall be kept pumped
out at such intervals that the tank(s) will not overflow and contaminate
the ground, flowing streams or surface drainage.

16.4 Medical Facilities

The Contractor shall design, construct, operate and maintain (as necessary)
dispensary and other medical facilities for the Contractor’s employees.

The dispensary shall be equipped with all equipment required to provide


emergency service and shall include, but not be limited to. The dispensary shall
be fully staffed with qualified and trained medical personnel.

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In addition to services at the dispensary the Contractor shall make provisions


for and take suitable measures for control of contagious diseases in camps,
Residential area, Project offices and other Project areas.

16.5 Telephone System

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.

16.6 Operation and Maintenance

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.

16.7 Fire Protection Facilities

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.

16.8 Emergency Facilities

The Contractor shall provide emergency fire-fighting facilities at his camp


including hose, fire extinguishers, pails, axes, shovels and other emergency fire-
fighting tools as may be necessary including equipment for emergency on-the-
spot treatment of fire and smoke cases. Approved extinguishers in sufficient
quantities shall be installed, maintained and replaced or recharged as necessary
in all offices. Carbon dioxide extinguishers or approved equivalents shall be
provided where electrical fires may occur.

16.9 Measurement and Payment

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

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entered in the Bill of Quantities.

17 Safety And Health

17.1 General

In executing the Works, the Contractor shall provide working conditions on


each operation that shall be safe and healthy. In all operations involving creation
or artificial dust the Contractor shall install, maintain and effectively operate
appliances and use methods approved by the Engineer which will effectively
reduce the amount of harmful dust and shall exercise good practice to ensure
safety and health of the workmen. The mixing of concrete and handling of
cement, steel and other materials shall be so conducted that these operations will
not be injurious to life, limb or health. All work shall be performed in
accordance with applicable local and national laws, code requirements and
regulations including safety, health, and welfare of the involved personnel and
others.

The Contractor shall employ a full time Safety Engineer to help accomplish the
purpose of Clause 17.

17.2. Accident and Fire Prevention

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.

17.3 Restriction of Workmen on Site

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.

17.4 Safety Devices

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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.

17.5 Storage and Use of Explosives

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. Environmental Protection

18.1 General

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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.

18.2 Prevention of Water Pollution

The Contractors construction activities shall be performed in a manner hat will


prevent entrance of solid matter, contaminants, debris and other objectionable
pollutants into flowing of water courses and underground water sources. Such
pollutants and wastes include, but are not limited to refuse, garbage, cement,
concrete, sanitary waste, oil and other petroleum products.

18.3 Dust Abatement

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.

18.4 Preservation of Historical and Archaeological Data

Should the Contractor or any of his employees in the performance of this


Contract discover evidence of possible historical or archaeological data, he shall
notify the Engineer in writing giving the location and nature of the findings.
Where appropriate by reason of a discovery, the Engineer may order delays in
the time of performance and/or changes in the work.

18.5 Employment of Local Labor

The Contractor while recruiting workforce for the purposes of or in connection


with the Contract shall to the extent practicable and reasonable give first priority
to such persons residing in the nearby areas.

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. Contract Schedule

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

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submitted with the Tender. The Engineer’s Construction Schedule is suggested
for consideration by the Contractor. The completion date, milestones, and key
targets indicated at Appendix-E to Tender shall be shown as such or dates earlier
than the said milestone and key target indicated on the construction plan
submitted by the Contractor. Other dates including rates of progress for various
parts of the works in the construction plan may be changed by the Contractor in
the submission for approval. The operations under each section of the plan
submitted by the Contractor shall be broken down at Level-IV.

19.2 Contractors Construction Schedule Network

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.

19.3 Schedule Coding

The Engineer will provide a required coding structure to be incorporated in the


construction schedule. The basic Work Breakdown Structure (WBS) will he
encoded in the activity I.D. Other coding will be developed as the Project
progresses and specific coding needs arise. The Contractor’s own coding should
not interfere with that provided by the Engineer.

19.4 Resource Loading of the Schedule

Each activity in the schedule shall be resource loaded with manpower,


equipment, pay items, and other resources that the Engineer may deem
important in the course of the Project.

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

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of Engineer. A soft copy of the schedule on CD-ROM shall be submitted with
each submittal. Following submittals of Cluase-14 programs shall be submitted.
a) Master Program
b) Monthly Updated Programs
c) Weekly Programs

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.

19.6 Approved Progress Schedule

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.

20.2 The Contractor shall be responsible for maintaining all survey


markers/monuments. cadastral corners, and property corners. If any
markers/monuments are destroyed the Contractor shall arrange, at his own cost,
to retrace and replace them to the entire satisfaction of the Engineer.

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

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quantities based on original ground levels determined by the Contractor and
approved by the Engineer.

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.

20.8 Survey data shall be recorded in accordance with recognized professional


surveying standards.

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

21. 1 Progress Reports

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.

b) Each monthly report shall be in a format approved by the Engineer.

21.2 Progress Photographs

The Contractor shall take and furnish photographs of the Works in progress as
required by the Engineer.

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21.3 The cost of all material, equipment and labor required for completing records
including photographs covered by this Clause shall be deemed to be included in
the rates and prices of the Bill of Quantities.

22 Demobilization And Material Handling

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.

23 Insurance: In fulfilling his obligations required under Clause 21 (CAR Insurance),


Workmen Compensation and Clause 23 (Third Party Insurance) of the Conditions of
Contract, Contractor shall obtain and keep in force a separate policy or policies which
shall apply specifically and solely to the Contract and shall fulfill all of the Contractor’s
obligations for Insurance set forth in Conditions of Contract.

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

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including the Income Tax, that may be levied in the Employer’s country on
incomes and profits received and made by him in respect of the Contract, with
absolutely no adjustment or compensation by the Employer. For the avoidance
of doubt, taxes shall be borne by the Contractor and are included in Prices
agreed by Contractor.

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.

25 Transportation Of Plant & Materials

Contractor is reminded that it will be Contractor’s responsibility to make complete


arrangements for the transportation of all his machinery, personnel and materials to the
Site. Contractor will be deemed to have investigated existing transport conditions and
the probable conditions which will exist at the time when the Work is in progress.

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:

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SPECIFICATIONS
TECHNICAL PROVISION
(Refer Volume-II)

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Orient Towers Ltd. Orient Square Hotel - Lahore.

DRAWINGS
(Refer Volume-IV)

Condition Of Contract Page 84 of 84

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