FACILITY MANAGEMENT & MAINTENANCE CONTRACT FOR 11...

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Issued to: M/s ___________________

Issued by: ___________ Date: _________

Received by: ___________ Date: __________

Date of Submission of Proposals: till 1100 hours on 25.02.2016

Date of Opening of Technical Proposals: at 1130 hours on

25.02.2016

REQUEST FOR PROPOSAL (RFP)

FACILITY MANAGEMENT & MAINTENANCE CONTRACT FOR 11 Nos. AVC BASED ETTM

TOLLING SYSTEMS & TOLL PLAZAS INSTALLED ON HIGHWAYS INCLUDING OPERATIONS

CENTER AT NHA HQ, ISLAMABAD

FACILITY MANAGEMENT & MAINTENANCE CONTRACT FOR ELEVEN (11) Nos. ETTM BASED

TOLLING SYSTEMS & TOLL PLAZAS INSTALLED ON HIGHWAYS

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NHA FM&MC

No. ( )/NHA/GM (Rev)/15/ Dated: - - 2016

LETTER OF INVITATION (LOI)

To: ALL ELIGIBLE BIDDERS Subject: FACILITY MANAGEMENT & MAINTENANCE CONTRACT

FOR ELEVEN (11) Nos. ETTM BASED TOLLING SYSTEMS & TOLL PLAZAS INSTALLED ON HIGHWAYS AT

Sr. No.

Name/ Location

Route/ Highway

Lanes South +

North

1 Iqbal Shaheed

(Mullah Mansoor) N-5 4+4

2 Sangjani N-5 6+6

3 Mandra N-5 4+4

4 Terraki N-5 4+4

5 Jhelum N-5 4+4

6 Chenab N-5 4+0

7 Harro N-5 4+4

8 Harrapa N-5 4+4

9 IMDCW (Barakahu)

N-75 3+3

10 Qutbal (Fateh Jhang)

N-80 3+3

11 Khanbela N-5 4+4

You are hereby invited to submit your bid comprising of Technical & Financial proposals for the subject FM&MC. Your proposals could form the basis for a Contract between your firm and the Employer NHA.

The detailed description of the assignment and its objectives are given in the enclosed Request for Proposal (RFP). Included but not limited to integrated

logistics support (ILS) enterprise established, FM&MC’s personnel available to deliver maintenance; asset management and maintenance planning activities

complete; technical documentation, support and test equipment and initial spares outfit acquired; quarterly performance reviews established; fair and reasonable progress with delivery of corrective maintenance to installed

equipment; ranging and scaling activity for future. 1. General

1.1. Bidding is open to only eligible firms with requisite professional experience and resources to provide Facility Management &



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Maintenance (FM&M) for the NHA Electronic Toll facilities

equipped with Electronic Toll and Traffic Management (ETTM) Systems and Toll Plaza Installation, having a valid Registration with Pakistan Engineering Council as an “Operator” in category “O-

4 (for O-4, PEC Financial Limit is up to Rs. 75 million, please refer to Appendix-E) or higher”. As per Employer’s Policy all firms or

their affiliates against whom payments to NHA are pending/outstanding or in default at the time of submission of proposal, are not eligible to participate in this bidding. However,

the firms whose case is already subjudice shall not be treated as default, subject to the permission by Member (Finance) NHA.

1.2. The bidder must have professional staff, skills, proven and

demonstrable technology, relevant tools and know-how to provide

Electronic Toll Facility Management & Maintenance to maintain, repair, up-grade, replace the defective parts with new/current model of OEM, and calibrate the system to meet the efficiency and

accuracy levels of the systems already installed with original spares.

1.3. The AVC based audit module being the vital and crucial part of the

ETTM system, the firm shall have proven know-how and

experience in such domain.

1.4. The firms that are in current contracts with NHA for the collection of “Toll” directly or through its associates, subsidiary, affiliates or having any financial or otherwise interests in firms/operators

collecting Toll at any location of NHA are ineligible to participate.

1.5. The bidder shall bear all costs associated with the preparation and

submission of the bid and the Employer shall not be responsible or liable for any such costs in any event whatsoever, regardless of the

conduct or outcome of the bidding process. The firm must fully inform itself of the local conditions and all other factors related to subject services whatsoever and take them in to account in

preparing the proposal.

1.6. The Employer is vested with sole discretion for award of contract or cause supervision & be affected for the execution of said contract. Please note that:-

The Employer may reject all bids or proposals at any time prior to the acceptance of bids or proposals as per PPRA

Rules.

2. Documents Comprising the Bid 2.1 In addition to the Invitation for Bids, the Bidding Documents are

those stated below, and should be read in conjunction with any



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Addendum issued under Clause 2.4.

2.1.1. Letter of Acceptance. 2.1.2. Bid data sheet

2.1.3. Bid Forms 2.1.4. Technical Proposal

2.1.5. Financial Proposal 2.1.6. Scope of Services 2.1.7. Terms of Reference, Basic Understanding & Articles I to XII

2.1.8. Appendices & Sample Forms 2.1.9. Addendum(s), if any

2.2. The bidders are required 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. Bids, which are not substantially responsive to the requirements of the Bidding Documents, will be rejected.

2.3. Clarifications

A prospective bidder requiring any clarification(s) in respect of the Bidding Documents may notify the Employer in writing or by fax at the address:

Office of General Manager (Revenue), 27-28 Mauve Area, G-9/1, Islamabad.

Phone: +92-51- 91036243, Fax # 92-51-9106244

Employer will examine the request for clarification of the Bidding Documents, if received not later than seven (07) days prior to the deadline for the submission of bids or during the Pre-Bid meeting,

and if deemed reasonable, at its sole discretion, may issue a clarification/amendment of the Bidding Documents before the date

of submission of Bids (without identifying the source of enquiry) to all prospective bidders who have purchased the Bidding Documents and the same will be uploaded on NHA Website.

2.4. At any time prior to the submission/opening of bids, the Employer

may, for any reason, whether at its own initiative or in response to

a clarification requested by a prospective bidder, modify the Bidding Documents by issuing an addendum.

2.5. Any addendum thus issued shall become the integral part of

Bidding Documents.

2.6. To accord prospective bidders, reasonable time in which to take an

addendum into account in preparing their bids, the Employer may

at its discretion extend the deadline for submission of bids.



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Bid Validity

2.7. Bids/ proposals shall remain valid for the period of One Hundred and Eighty (180) days after the date of bid opening.

2.8. In exceptional circumstances prior to expiry of original bid validity the Employer may request the bidders to 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 forfeiture of his Bid Security. A bidder agreeing to the request will be required to extend the validity of his Bid Security for the period of the extension.

3. Bid Security

3.1. Each bidder shall furnish with the Technical Proposal, as part of its bid, a Bid Security in an amount of Pak. Rupees Two (02) Million.

3.2. The Bid Security shall be, at the option of the bidder, in the form of

Bank Draft or a Pay Order issued by a Scheduled Bank in Pakistan

in favor of the “Road Maintenance Account, National Highway Authority, Islamabad” valid for a period twenty eight (28) days

beyond the bid validity date i.e 180 + 28 = 208 days.

3.3. The Bid Security is required to protect the Employer against the risk of bidder’s conduct, which would warrant the security’s forfeiture, pursuant to Sub-Clause 4.8 hereof.

3.4. The Employer forthwith as being non-responsive, pursuant to

Clause 11, shall reject any bid not accompanied by an acceptable Bid Security.

3.5. Any amount of bid security, which is lying with the Employer for any previous bidding processes, shall not be considered for this bidding.

3.6. The bid security of all participating firms will be discharged/

returned as promptly as possible except for the three top ranked bidders, which will be returned upon award of contract to the successful bidder or on the expiry of validity of Bid Security

whichever is earlier subject to rights of parties under Clause 3.2. 3.7. The Bid Security of the successful bidder will be returned when the

bidder has furnished the required Performance Security and has signed the Contract Agreement pursuant to conditions of these

bidding documents.



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3.8. The Bid Security may be forfeited:

3.8.1. If a bidder withdraws his bid during the period of bid validity; or

3.8.2. If a bidder does not accept the correction of his Bid Price or

3.8.3. In the case of a successful bidder, if he fails to: a. Furnish the required Performance security in

accordance with contract Clauses b. Sign the Contract Agreement, in accordance with

Clause 16

4. Format and Signing of Bid

4.1. Bidders are particularly directed that the quoted amount entered

on the Form of Bid shall be clearly defined including any additional costs or taxes associated with the performance of the Contract

strictly in accordance with the Bidding Documents. 4.2. All Bid documents including Technical Proposal Forms, Bid Form,

Financial Proposal Forms and Schedules to Bid are to be properly completed, signed & stamped by the bidders. The proposals must

be bound properly, the loose proposals shall not be accepted and treated as non-responsive.

4.3. No alteration is to be made in the Form of Bid or in the Schedules thereto except in filling up the blanks as directed. If any alteration be made or if these instructions be not fully complied with, the bid

may be rejected as being non-responsive.

4.4. Each bidder shall prepare one (1) Original and two (02) Copies, of the documents comprising the bid as described in Clause 2 and clearly mark them “ORIGINAL” and “COPY” as appropriate. In the

event of discrepancy between them, the original shall prevail.

4.5. The original and all copies of the bid shall be typed or written in indelible ink and shall be signed by a person or persons duly authorized to sign them. Submitting a written Power of Attorney

authorizing the signatory of the bidder to act for and on behalf of the bidder shall indicate this. All pages of the bid shall be initialed and stamped by the person or persons signing the bid.

4.6. Where the bidder is a company incorporated under the Companies

Ordinance, 1984 it shall provide a copy of 4.6.1. Its Certificate of Incorporation,

4.6.2. Its latest Form29, and 4.6.3. A Board Resolution authorizing the signatory to execute the

original bid.

4.7. In the event of the bidder being a partnership, the bidder shall



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provide

4.7.1. Certificate of Registration of Partnership by the Registrar of

Firms, and

4.7.2. A list of names of all the partners of the firm.

4.8. In the event of the bidder being a sole-proprietor, the bidder shall provide

4.8.1. Certificate of Registration of National Taxation Number (NTN) having permission to do business.

4.9. 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 the person or persons signing the bid shall initial such corrections.

4.10. 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.

4.11. Bidders should retain a copy of the Bidding Documents as their file copy.

5. PREPARATION/SUBMISSION OF BIDS 5.1. It will consist of two parts:

Part-I Technical Proposal Forms TF

Part-II Financial Proposals Bid Form and Forms FF

5.2. The bid shall comprise on a single package containing two separate

envelopes. Each envelope shall contain separately the financial

proposal and the Technical proposal;

5.2.1. The envelopes shall be marked as “FINANCIAL PROPOSAL”

and “TECHNICAL PROPOSAL” in bold and legible letters to avoid confusion;

5.3. Each bidder shall submit his bid as under: -

5.3.1. One (01) ORIGINAL and two (02) COPIES of the Bid shall be separately sealed and put in separate sealed envelopes and marked as such.

5.3.2. The envelopes containing the ORIGINAL and COPIES will be put in one sealed envelope and addressed/identified as given



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in Sub-Clauses 6.2 and 6.4 hereof.

5.4. The Bidder shall paste the Form duly filled-in of the inner and

outer envelopes as given in Appendix-C including;

5.4.1. Bears the title of bidding process.

5.4.2. Be addressed to the Employer at the address given in Invitation for Bid heretofore.

5.4.3. Provide a warning not to open before the time and date for

bid opening.

5.5. The Bid shall be delivered by the bidder in person or by authorized

representative at the address to Employer as given in Bid data sheet not later than the time and date stipulated in the Bid Data

Sheet. Bids received through mail shall not be acceptable. 5.6. 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.

6. Deadline for Submission of Bids

6.1. Bids must be received by the Employer at the address specified in

Bid Data Sheet not later than the time and date stipulated in the Bid Data Sheet.

6.2. Upon request, acknowledgment of receipt of bids will be provided.

6.3. Bids submitted through telegraph, telex, fax or mail or by any means other than those specified hereinabove shall not be considered.

6.4. The Employer may, at his discretion, extend the deadline for

submission of bids by issuing an addendum in accordance with Clause 2.4, 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. 7. Late Bids

7.1. Any bid received by the Employer after the deadline for submission of bids prescribed in Clause 7 will be returned unopened to such

bidder.

7.2. 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.

8. Bid Opening and Evaluation 8.1. A committee consisting of nominated members by the Employer



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will open the bids in the presence of bidders’ representatives who

choose to attend, at the time, date and location stipulated in the Bid Data Sheet.

8.2. The bidder’s representatives who are present shall sign in a register evidencing their attendance.

8.3. On the date of bid opening, only the envelope marked “TECHNICAL

PROPOSAL” will be opened whereas the envelope marked as

“FINANCIAL PROPOSAL” will be retained in the custody of the Employer without being opened.

9. Clarification of Bids 9.1. To assist in the examination, evaluation and comparison of Bids

the Employer may, at its discretion, ask the Bidder for a clarification of its Bid. The request for clarification and the response shall be in writing and no change in the price or

substance of the Bid shall be sought, offered or permitted.

10. Preliminary Examination & Determination of Responsiveness of Bids 10.1. Prior to the detailed evaluation of bids, pursuant to Clause 12, The

Employer will examine the Bids to determine whether; 10.1.1. The Bid is complete and does not deviate from the

scope,

10.1.2. Any computational errors have been made, 10.1.3. Required sureties have been furnished,

10.1.4. The documents have been properly signed/stamped, 10.1.5. The Bid is valid till required period, 10.1.6. The Bid prices are firm during currency of contract if it is

a fixed price bid, 10.1.7. The Bidder is eligible to Bid

10.1.8. The Bid does not deviate from basic requirements and

10.1.9. The Bids are generally in order.

10.2. A bid is likely not to be considered, if;

10.2.1. It is unsigned,

10.2.2. Its validity is less than specified period, 10.2.3. It is submitted for incomplete scope of work,

10.2.4. It indicates that Bid prices do not include the amount of applicable government taxes.

10.3. A bid will not be considered, if; 10.3.1. It is not accompanied with bid security, 10.3.2. It is received after the deadline for submission of

bids, 10.3.3. It is submitted through fax, telex, telegram, mail, or



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any means other than those specified in clause 7.

10.3.4. The bidder refuses to accept arithmetic corrections in his bid,

10.3.5. It is materially and substantially different from the

Conditions/Specifications of the Bidding Documents.

10.4. If the Bidder does not accept the corrected amount of Bid, his Bid will be rejected and his Bid Security forfeited.

10.5. Prior to the detailed evaluation, pursuant to Contract Clauses the Employer will determine the substantial responsiveness of each Bid to the Bidding Documents. For purpose of these Clauses, a

substantially responsive Bid is one which conforms to all the terms and conditions of the Bidding Documents without material

deviations. A material deviation or reservation is one: 10.5.1. Which affects in any way the scope, quality or performance

of the works;

10.5.2. Which limits in any substantial way, inconsistent with the Bidding Documents, the Employer’s rights or the bidder’s

obligations as under the Contract; or 10.5.3. Whose rectification/adoption would affect unfairly the

competitive position of other bidders presenting

substantially responsive bids

The Employer’s determination of a Bid’s responsiveness will be

based on the contents of the Bid itself without recourse to extrinsic evidence.

10.6. A Bid determined as substantially non-responsive will be rejected

and cannot subsequently be made responsive by the Bidder by

rectification of the non-conformity.

11. Detailed Evaluation of Bids 11.1. The Employer will evaluate and compare only the bids determined

to be substantially responsive pursuant to Clause 11 as per

requirements given hereunder.

11.2. Evaluation of bids will be based on following two parts and as

mentioned in Bid Data Sheet:

11.3. PART-A: Technical Evaluation Criteria and Sub-criteria for the evaluation of technical proposals Submitted by the firms from Form TF-1 to TF-9 attached to

determine the responsiveness of the bids and marks for technical qualification

11.4. PART-B: Financial Evaluation 11.4.1. Financial Bids of all the technically qualified firms will be



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announced and put to comparison process for award of

contract on open competition basis, whereas, the financial proposals of the rest of the firms will be returned un-opened.

11.4.2. The financial proposals of the qualified firms shall be

opened in the presence of the representatives of those firms, who chose to attend. The Employer shall inform the date, time and address for opening of financial proposals or

as indicated in Bid Data Sheet. The cost of every major component shall be publically announced to the attending representative of the firms. The evaluation committee shall

determine whether the financial proposals are complete and without computational errors

11.4.3. In order to ensure the spirit of fair competition and to

provide a level field to the prospective bidders, the

exemption of the taxes shall be entertained as per following;

a. The firms must provide the exemption certificates along with financial proposal

b. The financial bid amount of such firms will be escalated according to the prevailing laws of taxes at the time of evaluation of financial proposals in order to bring all

financial proposals at par.

12. Award Criteria Subject to Clause 14, the Employer will award the Contract to the bidder whose bid has been determined to be substantially responsive to the

Bidding Documents and who has been ranked highest evaluated in the combined technical & financial evaluation by giving the 70% Weightage

to Technical Proposal and 30% Weightage to Financial Proposal. 13. Employer’s Right to accept any Bid and to reject any or all Bids

13.1. Notwithstanding Clause 13, the Employer reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at any time prior to award of Contract, without

thereby incurring any liability to the affected bidders or any obligation to inform the affected bidders of the grounds for the

Employer’s action except that the grounds for its rejection shall upon request be communicated, to any bidder who submitted a bid, without justification of grounds. Rejection of all bids shall be

notified to all bidders promptly.

13.2. No negotiations with the bidder having been ranked as highest

responsive or any other bidder shall be permitted. However, the



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Employer may have clarification meeting(s) to clarify any item(s) in

the bid evaluation report. 14. Notification of Award

14.1. Prior to expiration of the period of bid validity prescribed by the Employer, the Employer will notify the successful bidder in writing

through a letter of acceptance (“Letter of Acceptance”) that his bid has been accepted. This letter shall reflect the cost to be paid to the Bidder in consideration of the performance of the services by

the successful bidder as prescribed by the Contract (hereinafter called the “Contract Price”).

14.2. The Letter of Acceptance and its acceptance by the bidder will constitute the formation of the Contract, binding the Employer and

the Bidder till signing of the formal Contract Agreement.

14.3. Upon furnishing the Performance Security by the successful

bidder, the Employer will promptly notify the other bidders that their bids have been unsuccessful and return their bid securities.

15. Signing of Contract Agreement

15.1. Within fourteen (14) days from the date of furnishing of acceptable

Performance Security under the Conditions of Contract, the Employer will send to the successful bidder the Form of Contract Agreement provided in the Bidding Documents, duly filled in and

incorporating all agreements between the parties for signing and return it to the Employer.

15.2. The formal Agreement between the Employer and the successful

bidder shall be executed within fourteen (14) days of the receipt of

such Form of Contract Agreement by the successful bidder from the Employer.

16. One Bid per Bidder

16.1. Each bidder shall submit only one bid either by himself, or as a

partner in a joint venture. A bidder who submits or participates in more than one bid will be disqualified and bids submitted by him shall not be considered for evaluation and award.

16.2. The firms and associated employees, who have been assigned the

contract for Tolling, shall not be eligible to participate in the bidding of this contract. Firms having any financial interests, ownerships, ownerships of close relatives, being associated or

subsidiary of the firms that are operating any Toll Operations.

17. Bidder to Inform Himself

17.1. The bidder is advised to obtain for himself at his own cost and responsibility all information that may be necessary for preparing



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the bid and entering into a Contract for performing the subject

services. This shall include but not be limited to the following:

17.1.1. Inquiries on Pakistani Income Tax/Sales Tax/Surcharge or

any other Levy imposed by the Government of Pakistan to the Commissioner of the Income Tax and Sales Tax,

Islamabad Pakistan. 17.1.2. Withholding tax will be deducted as per applicable laws of

Income Tax of the country.

17.1.3. All equipment in ETTM Lanes/ Plazas/ Ops Centers to be kept maintained and operational 24 hours a day, 7 days a week and 365 days a year as per laid out standards and

specifications. 17.1.4. Maintenance of all other facilities installed at the toll plazas

covered under this contract including but not limited to all wiring, cabling, area lighting/ illumination, street lights and poles, canopy & canopy lights, fans, air-conditioners,

generators & general building maintenance etc. as per the inventory of each toll plaza.

18. Due Diligence

NHA reserves the right to carry out due diligence in sole discretion

during procurement, award and execution of the contract.

19. Local Conditions

Bidder must verify and supplement by his own investigations all necessary information about the site and its technical, power and

associated conditions.

20. Integrity Pact

The Bidder shall sign and stamp the Integrity Pact provided at Appendix-D to Bid in the Bidding Document for all Federal Government

procurement contracts exceeding Rupees ten million. Failure to provide such Integrity Pact shall make the bid non-responsive.

General Manager (Revenue)

National Highway Authority Islamabad.



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BID DATA SHEET

1. The name of the Assignment:

FACILITY MANAGEMENT & MAINTENANCE CONTRACT FOR 11 NOS. AVC BASED ETTM TOLLING SYSTEMS & TOLL PLAZAS INSTALLED ON HIGHWAYS INCLUDING OPERATIONS CENTER AT NHA HQ, ISLAMABAD

2. Name and address of the Employer:

Chairman National Highway Authority. 27-Mauve Area,

G-9/1 Islamabad.

3. The names and addresses of the concerned authorized representatives of

Employer are:

i. General Manager (Revenue), NHA HQ, Islamabad. ii. General Manager (Region), NHA.

4. The Bidding Documents are:

i. Letter of Acceptance. ii. Bid data sheet iii. Bid Forms

iv. Technical Proposal v. Financial Proposal vi. Scope of Services

vii. Terms of Reference, Basic Understanding & Articles I to XII viii. Appendices & Sample Forms

ix. Addendum(s), if any

5. The number of copies of the Proposal required: One (01) Original & Two

(02) copies.

6. The address for seeking clarification and writing on the proposal:

General Manager (Revenue) National Highway Authority 28- Mauve Area, G-9/1, Islamabad.

Ph: 051-9032616, Fax: 051-9032948

7. Schedule of Pre-Bid Meeting: 16.02. 2016 at 1100 hrs

Venue:NHA’s Auditorium

National Highway Authority 28-Mauve Area, G-9/1, Islamabad



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8. The address for submission of Bids:

NHA’s Auditorium

National Highway Authority, 28-Mauve Area, G-9/1, Islamabad.

9. Deadline for submission of Proposals:

1100 hours on 25-02-2016 (Technical & Financial)

10. Opening of Technical Proposals at the address given above:

1130 hours on 25-02-2016

11. Bid Security: Rs. Two (02) Million

Form: Pay order/Demand Draft in favor of the “Road Maintenance Account, National Highway Authority, Islamabad”.

Validity: 28 days beyond the bid validity date.

12. Standard form and amount of Performance Security/Bond acceptable to the Employer as detailed in Clause 8.2: Rs. Five (05) Million

Form: Pay Order/ Demand Draft/ Performance Bond/ Performance Bank Guarantee in the format set out in “Sample Form-PS” given at the end of RFP or Insurance Performance Bond from

insurance companies having AA & above rating listed in the NHA Panel.

13. Validity: Until Ninety (90) days after expiry of the Contract.

14. Contract Period: Period of contract shall be upto 30-06-2019 from the date of

commencement and extendable for further two terms of One (01) year each on same terms and conditions subject to satisfactory performance and on mutual consent.



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TECHNICAL PROPOSAL FORMS

Check List

Sr.

No. Documents Required Attached/Not Attached

Note: The completion of check list is a must. In case of blank check list

negative marking (2% of marks achieved against technical proposal) shall

be given to the respective bidder.



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TF-1

BIDDER’S INFORMATION

[The Bidder shall fill in this Form in accordance with the instructions indicated below. No alterations to its format shall be

permitted and no substitutions shall be accepted.]

Date: / / 2016 Page ______________ of _______________

FORM TF-1

1 Bidder’s Legal Name

2

JV - legal name of each party

a)

b)

c)

3 Firm's Country of Registration:

4 Bidder’s Year of Registration

5 Bidder’s Legal Address in Country of Registration

6

Bidder’s Authorized Representative Information

Name CNIC Number and address

Telephone/Fax numbers

Email Address

7

Attached are attested copies of original documents of:

Articles of Incorporation, Registration of firm, NTN Registration named in 1, above.

In case of JV both partners must be registered with PEC, the JV agreement should be duly notarized. International JV Partner must have a local office along with letter of confirmation to enter into JV.

In case of government owned entity, documents establishing legal and financial autonomy and compliance with commercial law.

CNIC of the Owner, Directors and of each partner.

8

Registration Certificate with Pakistan Engineering Council.

Category ___________, Validity Till______________ (expired shall not be accepted)



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TF-2

TECHNICAL PROPOSAL FORMS FIRM’S REFERENCE

Specific Services (maintenance of Intelligent Transportation System (ITS)/ AVC based ETTM equipment at toll plazas and ops centers) which best illustrate qualification. Using in the format below, provide information on each reference assignment for

which your firm, either individually as a corporate entity or as one of the major

companies within a consortium, was largely contracted.

Assignment Name: Country:

Location within Country: Professional Staff provided

by your Firm(add

additional sheet if

required):

Name of Client: No. of Staff:

Address: No. of Staff Months:

Start Date

(Month/Year):

Completion Date

(Month/Year):

Approx. Value of Services

(in Current Rs.)

Name of Associated

Firm (s), if any:

No. of Months of

Professional Staff provided

by Associated Firm(s):

Name of Senior Staff (Project Director/Coordinator, Team Leader) involved and

functions performed:

Narrative Description of Project

Description of Actual Services Provided by Your Staff

Firm’s Name: ________________________



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TF-2A

Experience Record of the Firm

A-General Experience Years

S. No.

Starting Date

Completion Date

Project Nature of Assignment

Name of

Client

Cost of Services

No. of Staff

months

1-

2 -

3-

4-

5-

B- Specific Services (maintenance of Intelligent Transportation System (ITS)/

AVC based ETTM equipment at toll plazas and ops centers).

Select and mention specific projects from A here.

C- Two reference with address and Telephone numbers (1) _________________________________

_________________________________ (2)

___________________________________ ___________________________________ Following are qualified for reference: - Head of the organization where he worked - Person In charge of the client concerned - Any other reference who is renowned in the field and the concerned

has worked with or under him for a period of more than 6 months.



_________________________ 20 _________________________

NHA FM&MC

TF-3

Details of Present Commitments / Ongoing Jobs and

Past Performance of the Firm

Sr.

No.

Name of

the

project

Date of

Start

Expected

date of

completion

Specific

assignment

details

No. of

staff

months

Contract

value

(Cost of

services)

Please provide details if

there are cost overrun

or project is behind

schedule

Name of

the

Client



_________________________ 21 _________________________

NHA FM&MC

TF-4

OVERALL WORK METHODOLOGY AND STRATEGY FOR PERFORMING THE ASSIGNMENT

[Technical approach, methodology, work plan, organization and staffing are key

components of the Technical Proposal. You are suggested to present your Technical

Proposal divided into the following four chapters:

a) Technical Approach and Methodology, b) Key Performance Indicators c) Organization and Staffing, d) Innovativeness/Comments/Suggestion on TOR

a) Technical Approach and Methodology. In this chapter you should explain your

understanding of the objectives of the assignment, approach to the services,

methodology for carrying out the activities at toll plaza sites for technical support and

maintenance along with reporting/ management and obtaining the expected output, and

the degree of detail of such output. You should highlight the problems being addressed

and their importance, and explain the technical approach you would adopt to address

them. You should also explain the methodologies you propose to adopt and highlight the

compatibility of those methodologies with the proposed approach.

b) KPIs. In this chapter you should propose KPIs and the Quality Assurance Plan to

ensure the KPIs are met in a timely manner.

c) Organization and Staffing. In this chapter you should propose the structure and

composition of your team. You should list the main disciplines of the assignment and the

proposed technical and support staff hierarchy depicted in the form of an organogram.

d. Innovativeness/Comments/Suggestions of FM&MC – Scope of Services/TOR

[Present and justify here any modifications or improvement to the Scope of Services you

are proposing to improve performance in carrying out the assignment (such as deleting

some activity you consider unnecessary, or adding another, or proposing a different

phasing of the activities). Such suggestions should be concise and to the point, and

incorporated in your Proposal.]

On the Scope of Services

1.

2.



_________________________ 22 _________________________

NHA FM&MC

3.

4.

5.

6.

Etc.

On the data, services and facilities to be provided by the Employer indicated in the

SOS

1.

2.

3.

4.

5.

Etc.



_________________________ 23 _________________________

NHA FM&MC

TF-5

FORMAT OF CURRICULUM VITAE (CV) FOR KEY STAFF

1. Proposed Position: _________________________________________________________

2. Name of Firm: ____________________________________________________________

3. Name of Staff: ____________________________________________________________

4. Profession: _______________________________________________________________

5. Date of Birth: _____________________________________________________________

6. Years with Firm: ___________________________________________________________

7. Nationality: _______________________________________________________________

8. Membership in Professional Societies: _________________________________________ (Membership of PEC is Mandatory where applicable)

9. Detailed Tasks Assigned on the Project: ___________________________________________________________________

10. Key Qualifications:

[Give an outline of staff member’s experience and training most pertinent to tasks on assignment. Describe degree of responsibility held by staff member on relevant

previous assignments and give dates and locations. Use up to one page].

11. Education

[Summarize college/university and other specialized education of staff member, giving names of institutions, dates attended and degrees obtained].

12. Employment Record

[Starting with present position, list in reverse order every employment held. List all positions held by staff member since graduation, giving dates, names of employing



_________________________ 24 _________________________

NHA FM&MC

organizations, title of positions held and location of assignments. For experience in last ten years, also give types of activities performed and Client references, where appropriate].

13. Languages

[Indicate proficiency in speaking, reading and writing of each language: excellent, good, fair, or poor].

14. Computer skills

15. Trainings/Courses

16. Assignment/Positions, completed/held with the Company

17. Certification

I, the undersigned certify that to the best of my knowledge and belief, these bio-data correctly describe myself, my qualifications and my experience.

_______________________ Date: ___________________

Signature of Staff Member Day/Month/Year

Verified by:

___________________________

Authorized official from the firm



_________________________ 25 _________________________

NHA FM&MC

TF-6

Financial Situation

[The following table shall be filled in for the Applicant and for each partner of a Joint Venture]

1. Financial data

Financial information

Historic information for previous years

(Rupees in millions)

2013/14 2012/13 2011/12

Information from Balance Sheet

Total Assets (TA)

Total Liabilities (TL)

Net Worth (NW)

Current Assets (CA)

Current Liabilities (CL)

Net Working Capital.

Information from Income Statement

Total Revenue (TR)

Profits Before Taxes (PBT)

Attach audited financial statements for the last three years duly signed and stamped by a

chartered accountant, registered with ICAP (for individual applicant or each partner of joint

venture) duly supported by copies of tax returns of the respective years

[In case of foreign firms, if audits are not required by the laws of their countries of origin, they

may submit their balance sheets of last three years along with turnover certificate from the

respective bank certified by a registered accountant and supported by copies of tax returns].



_________________________ 26 _________________________

NHA FM&MC

TF-7

Average Annual Turnover

[The following table shall be filled in for the Applicant and for each partner of a Joint Venture]

Annual turnover data

Year Amount and Currency Rupees in million

2011/12

2012/13

2013/14

Average

Annual

Turnover *

* Average annual turnover calculated as total certified payments received for works in progress

or completed, divided by the number of years specified.

Specific proposed sources of financing to meet the cash flow of the Contract.

Source of Financing Amount (Pak Rs or

equivalent)

1.

2.

3.

* Attach audited financial statements for the last three years duly signed and stamped by a

chartered accountant, registered with ICAP(for individual applicant or each partner of joint

venture) duly supported by copies of tax returns of the respective years

[In case of foreign firms, if audits are not required by the laws of their countries of origin, they

may submit their balance sheets of last three years along with turnover certificate from the

respective bank certified by a registered accountant and supported by copies of tax returns].



_________________________ 27 _________________________

NHA FM&MC

TF-8

Eligibility Requirements for Technical/Managerial/Admin Staff

S. # Position Qualification Experience

1. PROJECT MANAGER B.Sc Engg./M.Sc. Computer

Science

05 Year

A. Staff under Project Manager

1. Assistant Project Manager B. Tech Electrical/Mechanical Diploma Electrical/Mechanical/Civil

05 Year for B. Tech

07 Years for Diploma

Holder

2. Manager Technical Electrical/ Electronic Engineer

BS./MS. Computer Sciences

05 Years

3. Foreman Technical

(Electrical/Electronics)

Diploma in Elect. Eng. 05 Years

4. Foreman Mechanical Diploma in Mech. Eng. 03 Years

5. Foreman Civil Diploma in Civil Eng. 03 Years

6. Technician DAE (Electrical)

DAE (Electronics)

03 Years

7. Generator Technician Matric / DAE 03 Years

8. Project Accountant B. Commerce 03 Years

9. Store Keeper FA/I.Com or equivalent 03 Years



_________________________ 28 _________________________

NHA FM&MC

TF-9

Detail of Minimum Equipment

Name of Equipment Brand/ Make Quantity

Earth Tester (250-5000 V) give

separate detail for each

Optical Fiber Splicing Machine

Tool Boxes complete

Multimeters

Power meters

Oscilloscopes

Wire Cutters

Saws/ Hacksaw Frames

Tool Trolley

Safety Equipment

Pliers of different size & shapes

Footprint wrenches of 7” & 9” size

Pipe Wrenches & Chain Wrenches

Draw-in-Tape (66ft)

G.E.C Relay repair kit

Lug compression pliers

Screw driver of assorted sizes

Hammers of different sizes

Hand drill machines

Pistol drill low speed & high speed

Bench type Tube bender

Precision Electrical soldering iron



_________________________ 29 _________________________

NHA FM&MC

Heat Gun

Carpenters saws

Knives of different shapes & sizes

Scaffolding / stairs

Jack Hammer

Water Tanker

Crane

Welding Plant

Pickup Light

Car

Truck

Tractor

Trolley

Water Bowser

Pincers

Linemen Safety Belts

Linemen Safety Gloves

Linemen Ratchets

Linemen Tension Balances

Avometer

Ammeter

Voltmeter

Phase Rotating meter

Illumination meter

Hydraulic Bucket

Combined moving Iron Ammeter &



_________________________ 30 _________________________

NHA FM&MC

Voltmeter

Tongs Tester of different Ranges

Generator/Portable

Slitting Machines with Blade Dia.

450mm & cutting depth 155mm

Electrical Pneumatic Heavy-Duty

Machine

Detail of Workshops

Location/ City Address Phone No.



_________________________ 31 _________________________

NHA FM&MC

COMPOSITION OF THE FULL TEAM PERSONNEL AND THE TASKS TO BE ASSIGNED TO EACH TEAM MEMBER FOR MAINTENANCE OF

FACILITIES ON 24 x 7 BASIS 1. Technical/Managerial/ Admn Staff

Position Qualification Tasks Assignment

Project Manager

MS Computer Science /

BSc. Computer Science /

BSc. Eng.

Responsible for overall

execution of the contract and

liaison with the client

Maintenance Manager


BSc. Computer Science /

BSc. Eng.

Responsible for maintenance

activities at the project sites

Assistant Maintenance

Manager


BSc. Computer Science

=do=

Admin. Officer BCOM Responsible for administrative

control of the site staff

Accounts Officer BCOM Maintains site accounts and

monitors expenses and cash

flows for the project

Systems

Administrator/Engineer

BSc. Computer Science with

at least 05 years of exp. in

relevant field

Responsible for the systems

health monitoring at the sites

and ensuring correct

deployment of software and

access controls

Database Administrator BSc. Computer Science or

better with at least 05 years

of exp. in relevant field

Manages the back office of the

software solution. Responsible

for database performance

tuning and ensuring data

integrity.

Foreman Mechanical DAE Mech. with 03 years of

experience

Responsible for maintaining all

mechanical works at sites

Foreman Civil DAE Civil with 03 years of

experience

Conducts surveys to ensure

that the civil infrastructure is

as per requirement and

forwards any findings that may

hamper the operation of

equipment to the management

body.



_________________________ 32 _________________________

NHA FM&MC

2. Shift Staff at toll plaza

Position Qualification Tasks Assignment

Site In-charge

Minimum DAE Computer/

ICS with 03 years of

experience of maintaining

systems at remote sites

Responsible for managing

activities on his site.

Assists in software and

hardware troubleshooting

and performs basic

software installations and

troubleshooting. Also

performs initial diagnostics

in case of equipment

breakdown.

Assistant Site In-charge

Minimum DAE Computer/

ICS with 01 years of

experience of maintaining

systems at remote sites

=do=

Book Keeper Minimum BCOM with 03

years of experience in using

financial software and

preferably an MIS/ERP

Serves as the on-site

facilitator for queries

regarding the operation of

the MIS deployed at site.

Performs audit function on

a per shift basis on the

traffic processed by the

O&MC.

Technician Minimum DAE

Electrical/Electronics

Onsite technician reporting

to the site in-charge.

Performs routine

maintenance of equipment

including but not limited to

fault finding, onsite

equipment repairs etc.

Runner/ Helper



_________________________ 33 _________________________

NHA FM&MC

Minimum Staff requirement

Each AVC based ETTM Toll Plazas is to be manned 24 Hrs by FM&MC with 8 Hrs Shift and the following Staff for each shift is the minimum requirement & there will be Three (3) Shifts per day. Along with this a

spare Shift will be managed to accommodate emergency/ leave vacancies.

Level-I Support Staff per Site

Designation Men/Shift/Site Staff for 3 Shifts. Support Incharge 01 01 MIS Supervisor 01 01

Technician 01 03 Spare shift Technician (reliever) 01

Level-I Support Staff along with equipment repair workshop per 3

Sites (as stationed to reach at required site within minimum time)

Designation Men/Shift/Site Staff for 3 Shifts.

Site Engineer 01 01 Operations Supervisor 01 01 Spare shift (relievers) 02

Level-II Support Staff

Designation Men/Shift/Site Staff for 3 Shifts.

Technical Manager 01 01 Operations Manager/

Supervisor 01 01 Database Administrator 01 01 System Administrator 01 01

Network Engineer 01 01 Technician (Electronics) 01 01

Technician (Electrical) 01 01 Level-III Support from OEM

Support Staff at Operations Center

Designation Men/Shift/Site Staff for 3 Shifts. Supervisor 01 01

Technician (Electronics) 01 01 Technician (Electrical) 02 02

Total staff for 11 sites & Ops Center 85



_________________________ 34 _________________________

NHA FM&MC

TECHNICAL QUALIFICATION CRITERIA

Description Max Marks

Registration with PEC - (TF-1) O-A & O-B (15 Marks) O-1 & O-2 (10 Marks) O-3 & O-4 (5 Marks)

15

Bidder’s information

(TF-1)

Company (10) 10

Firm (05)

Financial Statement and Balance Sheet Net Worth - TF-6

> 70 million

Must Meet

Average Annual Turn Over for the last three (03) years supported with Audit Reports for the last three (3) year by the Chartered Accountant, signed by the bidder - TF-7

Average Annual Turn Over

> 150 million

Must Meet

Capabilities of Firm

(45 marks)

Managerial 10

Tech. Personnel 20

Equipment & Workshop (TF-9) 10

Experience with NHA (max 25

Marks, 5 Marks per year ), with other (Max 15

Marks, 3 Marks per year)

Specific Experience of Maintenance of Intelligent

Transportation System (ITS)/ AVC based ETTM System

Facilities

25

General Experience 10



_________________________ 35 _________________________

NHA FM&MC

Performance Certificates of Previous/ ongoing contracts

Satisfactory/ unsatisfactory

Affidavit of Litigation History Must be

Submitted

Affidavit/ Certificate that firm never been Black listed

Must be Submitted

Total 100

Qualifying Marks of Technical Proposal >= 60%

70% Weightage carried over to financial proposal



_________________________ 36 _________________________

NHA FM&MC

CONDITIONS OF CONTRACT ARTICLES I TO XII

INSTITUTIONAL ARRANGEMENTS

Employer : The National Highway Authority (referred as “NHA” hereinafter)

Program Designer : General Manager (Concerned) Employer’s Representative : GM Revenue

Contractor (FM&MC) : The Contractor appointed, pursuant to Facility

Management & Maintenance of ETTM System and Toll Plaza to undertake tasks as per Scope

of Services document Introduction

1. This statement prescribes the activities for capacity building of a support

solution in Pakistan for ETTM equipment. 2. In outline, this support solution must establish FM&MC competencies, a

level of Integrated Logistics Support (ILS) for the installed equipment, and

then deliver equipment support to the O&MC and NHA. The end point is envisaged as an established support system that the National Highway

Authority (NHA) can take forward for the life of electronic toll collection. 3. The nature of the equipment introduces a dependency between the

FM&MC and the Original Equipment Manufacturers (OEMs) including

but not limited to toll software licenses, where applicable. The FM&MC shall establish commercial relationships with OEMs, as required in order to execute the contract, and shall take sole responsibility for this

dependency. 4. The contract is envisaged to be executed in 5 phases:

Phase 1 – Receive, store, manage inventory and issue spares (if

any) in support of installed equipment.

Phase 2 – Establish relationships with relevant OEMs.

Phase 3 – Deliver Level-I and Level-II maintenance for installed

ETTM equipment & associated services as per provisions of this

contract.

Phase 4 – Facilitate the Return Repair Loop (RRL) of items that

require OEM repair. The FM&MC is to facilitate the RRL of items

that require OEM repair. This is to include all paperwork, transport

to OEM location. Details of any RRL items are to be sent to NHA

Islamabad and the OEM in enough time to prepare for receipt of

the items and produce any paperwork as required. The FM&MC

shall ensure transportation of the repaired items back to sites by

completing all paperwork. During this period the FM&MC shall



_________________________ 37 _________________________

NHA FM&MC

install/ provide suitable replacement for smooth functioning/

continuous operation.

Phase 5 – Conduct ranging and scaling activity to inform future

deliveries of ETTM spares in support of the program. Propose for

the Authority’s approval, based on maintenance activity and spares

usage, the range and scale of spares, tooling, required to deliver

maintenance. Attend a performance review in order to set

assessment criteria and Key Performance Indicators (KPIs).

Concurrent to these phases the FM&MC is to conduct with the NHA,

performance reviews at intervals specified in the contract. The NHA retains the

right to cancel, amend or continue the contract at the end of each phase,

dependent upon the FM&MC's performance.

THE EMPLOYER’S ROLE AND OBJECTIVES Responsible for taking all policy decisions and approvals of short medium and long term plans and implementation programs including financial,

technical and institutional arrangements on quarter, bi-annual or annual basis.

THE PROGRAM DESIGNER’S ROLE AND OBJECTIVES

To provide overall guidance to the Contractor keeping within the

policy framework approved by the Employer.

Responsible for establishment of necessary Technical and Financial

criteria and the operating procedures to manage the toll plazas to an optimal level and in most efficient and effective manner within

available resources. SERVICE PROVIDER’S ROLE AND OBJECTIVES

The Service Provider shall carry out all the works in line with the overall policy of the Employer and in accordance with the agreed programs,

jointly developed with Program Designer.

The Service Provider’s Scope of Services related to various aspects of the

contract is given in more detail in the Agreement and Appendices.

The service provider will carry out Maintenance activities as planned and

agreed with the Program Designer. Contractor shall prepare the detailed SOPs for the services to be performed under this contract and get it approved from the competent authority with in thirty (30) days of the

effective date. Employer’s Representations, Warranties and Covenants

The NHA hereby represents and warrants to the FM&MC that as of the date of this Agreement:



_________________________ 38 _________________________

NHA FM&MC

a. It is duly created pursuant to the National Highway Authority Act, 1991 as amended and has complied fully with all applicable Laws of

Pakistan in the grant of this Project;

b. The Project Site, falls within the jurisdiction of Employer and that

Employer is duly authorized under the Laws of Pakistan to enter into the Agreement with regard to the Project Site;

c. This Agreement has been duly authorized, executed and delivered by it and constitutes the legal, valid and binding obligation of

Employer; and

d. The Employer has all necessary authority and power with regard to

the Project and in respect of all other matters which are the subject of this Agreement and has the right to transfer such of those

powers to FM&MC as may be required to uphold the terms and obligations of this Agreement.

e. The employees of toll operators are also not allowed to join FM&MC during the course of this contract and vice versa.

Definitions

The following definitions shall be used to determine the activity required to

execute this contract:

ETTM Equipment. The following ETTM equipment and Original Equipment

Manufacturers (OEMs) is in scope for repair and maintenance:

1. Electronic Toll & Traffic Management System (ETTM) supplied by TolLink Pakistan

2. Electronic Toll & Traffic Management System (ETTM) supplied by National

Engineers 3. TolLink Pakistan (Pvt.) Ltd. (representing TolLink South Africa)

4. National Engineers (representing IRD Canada) 5. Authorized service centers of “hp” and “Epson” (regional distributors with

local support and workshop facilities will be preferred) for printers etc.

6. Magnetic Autocontrol GmbH – Germany 7. ELKA – Germany

8. Relevant OEMs for installed peripheral devices

OEMs. The OEMs shall be considered the design and technical authority for the

installed equipment. The FM&MC shall utilize OEM provided spares and

technical documentation (except batteries and consumables) only in execution

of the contract.



_________________________ 39 _________________________

NHA FM&MC

Where no OEM is specified by NHA, the FM&MC shall use suitably qualified

and experienced personnel (a person with professionally accredited appropriate

and relevant qualifications/trainings), and appropriate locally sourced or

manufactured spare parts in execution of the contract. The FM&MC shall be

fully responsible for conformity, configuration and safety issues resulting from

a locally delivered repair/ maintenance solution.



_________________________ 40 _________________________

NHA FM&MC

ARTICLE I PURPOSE OF AGREEMENT & DEFINITIONS

1.1 PURPOSE; INCORPORATION OF SCOPE OF SERVICES

1.1.1 The Scope of Services with this Agreement, sets forth the terms

and conditions for the provisions of Facility Management and maintenance services for AVC based ETTM System with respect to the toll plazas.

1.1.2 All terms and provisions of the Scope of the Services are

incorporated, the provisions specifically set forth in this Agreement, and those set forth in the Scope of Services shall be construed to supplement each other, so as to give effect and

meaning to all terms and provisions. If there is conflict between any term of the Scope of Service and terms specifically set forth

herein then, unless otherwise specifically provided herein or in the Scope of Services, the terms of this Agreement shall prevail and take precedence over the terms of the Scope of Services to the

extent necessary to resolve such conflict. 1.2 DEFINITIONS

All capitalized terms used herein shall have the meanings assigned to them in Appendix A, as supplemented and modified by the Scope of

Services to the extent that there is no conflict. Any capitalized terms used herein and not defined in Appendix A shall have the meanings assigned to them herein.



_________________________ 41 _________________________

NHA FM&MC

ARTICLE II

SCOPE OF SERVICES

2.1 GENERAL

2.1.1 Except as otherwise provided in Paragraph 2.4 or elsewhere in

this Agreement throughout the Term of this Agreement (as herein defined). FM&MC shall Service, Manage & Maintain the toll plaza facility, ETTM equipment and its allied services.

Additionally, FM&MC shall provide all management, supervision, labor, materials, and administrative support necessary to perform the Services described in the Scope of

Services (hereinafter referred to as “Services”), all in accordance with the criteria set forth in the provisions of this Agreement

including all schedules/appendices. The FM&MC shall provide a suitably qualified and experienced project manager as the single point of contact with the authority for the monitoring and

controlling technical execution of works.

2.1.2 The scope of services and the obligations of Facility

Management & Maintenance Contractor “FM&MC” shall include the supervision and technical audit of the ETTM System but not

be limited to the following: -

a. Provision of Technical Support & Maintenance for smooth

operation of ETTM system and equipment installed at toll

plaza sites & Ops Center at NHA HQ, this also includes

the maintenance of all other facilities installed at the toll

plazas covered under this contract including but not

limited to all wiring, cabling, area lighting/ illumination,

street lights/ fog lights and poles, canopy & canopy

lights, fans, air-conditioners, generators & general

building maintenance etc. as per the inventory of each toll

plaza and payment of electricity bills of toll plazas and its

allied facilities to WAPDA, w.e.f 1st July, 2016 or the

actual date of handing/taking of each site with new

operator.

b. Supply of labor, materials, equipment’s and other

resources necessary for the performance of the Services

mentioned in Scope of Services and maintain appropriate

facilities to support the installed equipment.

c. FM&MC will be responsible to promptly report (with

evidence, if any) any tampering with the ETTM system by

anyone or any means and in such case, FM&MC shall

prepare reports of such incidents depicting duration of



_________________________ 42 _________________________

NHA FM&MC

violation, type of violation and send to General Manager

(Revenue), NHA HQ. Furthermore, initiate immediate

rectification with information to concerned quarters.

d. FM&MC will ensure uninterrupted power supply to keep

the ETTM system and its allied facilities (street lights, air

conditioners as required etc.) operational either through

WAPDA or standby generators/UPS for 24 hours a day, 7

days a week and 365 days a year. However, backup power

from generators must be ensured to minimize load on

installed UPS units.

e. The maintenance and repair of ETTM system as per

standards specifications shall be the responsibility of

FM&MC.

f. FM&MC will carry out all the repair/maintenance works

pertaining to the ETTM Systems installed and its

associated equipment and service such as UPS, batteries,

Printers and generators etc.

g. One-time Training of one week & Guidance to Operation

& Management Contractors (OMCs) on taking over of

respective toll plaza upon written instructions of NHA, so

they can perform Toll Operations on Toll Plazas in the

best manner; the cost so incurred shall be incorporated in

the financial proposal.

h. Cooperation with the NHA and any authorized person(s)

or entity acting on the behalf of NHA;

i. FM&MC shall be responsible to operate & maintain the

backup Generators specifically installed for the ETTM

system. The FM&MC is required to install backup

generators for the ETTM system (where not available)

within three (03) days of taking over the site. The cost of

generators shall be included in the financial proposal. The

cost incurred on POL for the same shall be reimbursed on

actual consumption basis after verification from the

designated NHA official. The FM&MC is required to install

within 14 days of taking over the site, fully automated

electronic fuel management system connected and

reporting live to the Ops Center, NHA HQ. The report

must include details of power outages and total time of

generator operations. The software/ hardware required

for such automated system shall become property of NHA.



_________________________ 43 _________________________

NHA FM&MC

j. In case of damage to NHA assets and ETTM equipment

due to force majeure or any untoward situation, FM&MC

shall submit claims as per NHA procedure and be

responsible for repair and/or replacement of the defective

equipment from their respective OEM at mutually agreed

costs after soliciting approval.

k. All taxes including Income Tax/ Sales Tax/ Surcharge or

any other Levy imposed by the Government of Pakistan

shall be paid by the FM&MC and any other expenditure

incurred in providing Services pursuant to this

Agreement;

l. Compliance with all instructions and directions of NHA,

with respect to improvement and innovation in the ETTM

system as provided from time to time at mutually agreed

rates.

m. Compliance with all the provisions of this Agreement.

n. FM&MC will assist the O&MC for in-time closure of shifts

in the ETTM system, if required.

o. The FM&MC shall receive the booth control form and

incident log from the O&MC on daily basis within one

hour of shift end time. In the event of the O&MC failing to

do so, the FM&MC shall report to designated official of

NHA.

p. The FM&MC will check, correct and remove discrepancies

in accordance to the booth control form and incident log

provided by O&MC on daily basis and will prepare

monthly management report duly signed by

representative of FM&MC and O&MC. The record shall be

maintained for audit purposes.

q. In case NHA introduces/ installs any additional facility

like smart card, ANPR etc. in any lane of toll plazas or

Operations Centre NHA HQ within the currency of

contract, then FM&MC will be responsible for its

maintenance (excluding spares) without any additional

cost compensation.

r. To ensure provision of various items necessary for the

execution of these services, and handing back in

satisfactory condition to the employer, inclusive of the

installed equipment, at the end of the contract period

s. Monthly inspections of electrical and mechanical



_________________________ 44 _________________________

NHA FM&MC

equipment and rectify problem, if any and intimate to

NHA.

t. Shall provide the list of spare parts available with

FM&MC on quarterly intervals and the turnover of spares

and maintain the minimum stock as per Appendix-F

u. The FM&MC shall maintain the First Aid kit at each toll

plaza which include but not limited to BP Apparatus,

Thermometer, Disprin (Asprin), Panadol, Pyodine,

Bandage material, Dicloran injection, Antiseptic cream,

Medical, Alcohol/ Spirit, Wheel chair, Crutches pair etc.

2.2 THREE LEVELS OF FM&MC’S RESPONSIBILITIES

Three levels of Services are described in detail to distinguish the services

to be performed under each tier. Description of these support levels is

defined below;

2.2.1 Level-I: This includes the following functions to be provided by the On-site support staff (including Operations Center) on 24x7 basis;

a. Perform 1st line of diagnostics on any maintenance requirements

that might appear from time to time. This includes but is not

limited to the installed AVC based toll collection systems, UPS

systems, backup power supply etc.

b. Routine maintenance of AVC Based ETTM lane and control room

equipment involving fixing, reconnection, or reinstallation of OS,

Application software, general software/driver etc.

c. Routine calibration of the Automatic Vehicle Classification Systems

deployed on the site, on a quarterly basis. A certificate of

calibration duly signed by the concerned O&MC and NHA

representative shall be submitted with corresponding monthly

invoice.

d. Incidental calibration of the Automatic Vehicle Classification

Systems deployed on the site, following a support request

generated by the O&MC/ NHA. Further, the FM&MC shall ensure

to keep the ETTM at minimum discrepancy level.

e. Any and all electrical mechanical and electronic repairs/

replacements required to bring the toll collection system to an

operational state in case of malfunction of an equipment.

f. Preventive maintenance and monitoring of the installed equipment.

This includes but is not limited to the routine maintenance of Air

Conditioning units, electronic traffic barriers, traffic lights, power



_________________________ 45 _________________________

NHA FM&MC

distribution and switches etc.

g. Will ensure that all the anti-virus software deployed are kept up to

date as a preventive measure to minimize the risk of OS level data

corruption.

h. Supervision and monitoring of generator operations. This includes

ensuring that the generators are kept in good working condition

and that the said generators are started within five (05) minutes to

provide backup power supply in case of power outages.

i. Maintain logs for generator operation and maintenance.

j. Close coordination with concerned WAPDA authorities to resolve

routine matters related to the power supply to the toll plaza.

k. Maintain record of support request generated at site by the

O&MC/ NHA.

l. To develop and populate a maintenance management system (MMS)

to enable the efficient delivery of support to the installed

equipment. The MMS shall include: a Material State Portfolio (MSP)

to catalogue equipment condition; determine equipment

disposition; catalogue the Planned Maintenance Schedule (PMS)

that defines preventative maintenance activities (including any

mandatory / safety maintenance activities); record defect reports;

assign rectification priorities in accordance with the authority's

definition of priority equipment; and record preventative and

corrective maintenance delivery. The view/ reports of the system

must be connected with Ops Center NHA HQ.

m. Function as the main source of information for Ops Center and the

Level-II support personnel for the respective site.

2.2.2 Level-II: This advance level team is to be strategically deployed at locations that can provide online/ on call services and reach at the

required location including Operations Center in THREE hours, if required. Services include the following;

a. Supervise the support activities being carried out at the site by the

Level-I support team.

b. Provide assistance to Level-I team for maintenance requests that

cannot be resolved at the site.

c. Routine maintenance of Servers and associated hardware/

software/ equipment as and when required.

d. Maintaining the Database backups, monthly archiving of data and

configuration of the servers/ systems/ modules.

e. Perform the monthly audit function on the system for the toll



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NHA FM&MC

collection activities by the O&MC.

f. Provide repair facility and services for all the repairable toll

equipment including computers, servers, electronics, automatic

vehicle classification system (AVC) and local area network

equipment.

g. Monitor the quality of communication media from the toll plaza to

the Ops Center and provide recommendations to the NHA in case

NHA is required to intervene to ensure cooperation from the service

provider.

2.2.3 Level-III: This is highest level of service to be provided on as needed basis through the OEM and/ or the authorized representative of

the OEM. The services include but are not limited to; a. Provide online support/walk-through services using VPN or other

contemporary advanced tools.

b. Provide on-site help when imminent.

c. Provision of OEM spare parts for the replacement of defective parts

to the FM&MC as and when required. If OEM fails to provide the

requisite spares during the course of contract period, the FM&MC

shall be held responsible, resulting in action against FM&MC

which is liable to blacklisting from future bidding. The FM&MC

shall submit a certificate of authenticity from the OEM (local

distributor/ service center) of spares/parts procured, that the

equipment is covered under official OEM warranty. The minimum

stock required to be maintained during the currency of contract is

attached at Appendix-F.

d. Any and all 3rd party parts acquired for replacement of ETTM

equipment shall be of approved specifications by OEM and

FM&MC shall seek prior approval of NHA before installation of

such parts at the site to ensure smooth functioning of the system.

Note: The term “Technical Audit” shall mean the examining of traffic

processing and compliance to the standard operating procedures defined by

NHA for the operations of ETTM System, by the operations management

contractor (O&MC).

2.3 In carrying out its obligations, FM&MC represents and covenants that:

a. The Project Site and ETTM system installed in all its lanes will be

operated non-stop for twenty-four (24) hours a day throughout the

contract period;

b. The FM&MC shall, within 14 days from the date of commencement,



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NHA FM&MC

provide the Employer with a list of names and details of its project

management staff in the form set out in Appendix B. The FM&MC

shall provide revised lists in the event of any change within five (05)

working days from the date of such change;

c. All staff members and employees of FM&MC deputed to and

working at the Project Site shall have such minimum educational

qualifications as specified in Form TF-8 and shall have received

security clearance from such police station as may fall within the

local limits of their permanent address.

d. No person other than the list provided to NHA shall be allowed to

access or stay at NHA facilities and will be taken as un-authorized;

e. NHA has the right to enter upon the facilities and inspect the assets

and personnel at any time;

f. FM&MC is bound to immediately remove any un-authorized person

at the directions of NHA;

g. All employees deputed by FM&MC at the Project Site shall be in

proper uniform during their respective duty hours, as approved by

the NHA, the design of uniform shall be submitted to NHA for

approval within Fourteen (14) working days from the date of signing

of contract;

h. The Project Sites along with its equipment and structure shall be

kept and maintained in good and clean condition at all times;

2.4 COOPERATION WITH OTHER CONTRACTORS

a. From time to time during the Term, NHA may award or execute

other contracts relating to its ownership, operation or maintenance

of the facilities on roadways. FM&MC shall fully cooperate with the

NHA and the parties to such other contracts, shall adjust

scheduling to the extent reasonably possible; and shall diligently

endeavor to perform its Services in a manner that will promote

integration, synergism and efficiency.

b. Among FM&MC, NHA and the other contractors, FM&MC shall not

commit nor permit any action on the part of its employees or agents

that might unreasonably interfere with the performance of works by

any other contractor/agents of NHA.

2.5 SERVICES PERFORMED WITHIN PLAZA

(a) The Services to be performed by FM&MC shall be performed solely

within or with respect to the Plaza as defined in subparagraph.



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(b) FM&MC shall have no rights or obligations to perform any work or

Services outside the geographical limits of the Plaza.

2.6 TERMINATION FOR CONVENIENCE OF NHA

(a) NHA shall have the right at any time during the Term, and for any

reason whatsoever in NHA’s sole discretion, to terminate this

Contract Agreement. NHA may exercise its right of Termination for

Convenience by furnishing to FM&MC written notice of thirty (30)

days for its election to do so.

(b) In no event shall Termination for Convenience be deemed a default

by NHA under this Contract Agreement.

(c) In the event of a termination of convenience by the Employer, the

Employer shall pay to the FM&MC a termination fee equivalent to

10% of one-month invoice amount. NHA shall in this case, take over

the complete inventory of spares from the FM&MC upon full

payment, so incurred.

2.7 OWNERSHIP OF DOCUMENTS, INVENTIONS AND COPYRIGHTS

NHA is and shall remain the sole owner of all rights (including copyrights,

trademarks, patent rights and other intellectual property rights) with

regard to the SOP Manual, the systems and all plans, documents,

software, data and items developed for the performance of this

agreement. Information generated in connection with this Agreement

shall be the property of NHA. FM&MC shall not transfer, disclose or

otherwise use such information for any purpose other than in

performance of its duties hereunder without NHA’s prior written consent.

2.8 APPLICABLE LAWS AND REGULATIONS

FM&MC shall perform services in compliance with the standards and

requirements set forth in this agreement, applicable laws, rules statues,

regulations, good business practices and Laws of Islamic Republic of

Pakistan.



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ARTICLE III

PERFORMANCE INDICATORS AND PENALTIES

3.1 TERM OF AGREEMENT

Period of contract shall be upto 30-06-2019 from the date of

commencement and extendable for further two terms of One (01) year

each on same terms and conditions subject to satisfactory performance

and with mutual consent.

3.2 EFFECTIVE DATE

The Effective Date shall be the date upon which FM&MC shall, upon

instructions of the Employer, commence performing the services on the

specified toll plaza awarded to FM&MC after signing of the Contract

Agreement.

3.3 TOLL LOCATIONS

The locations of toll plaza are listed at LOI.

3.4 KEY PERFORMANCE INDICATOR

The following key performance indicators are being established, in which

the performance of FM&MC shall be monitored by NHA:

3.5 General

3.5.1 24 hours a day, 365 days a year, round the clock ETTM system

and other facilities and toll lanes shall be kept operational. No

lane(s) shall be closed for more than two (02) hours in twenty-

four (24) hours for routine maintenance, provided that prior

information is given to NHA for necessary repairs, if need to be

carried out.

3.5.2 Well trained and qualified staff will be provided for performing the

services.

3.5.3 Ensure system availability for all shifts to be closed in ETTM

system promptly upon completion.

3.5.4 Healthy and safe working environment shall be ensured in and

around the toll booths, toll lanes and support offices.

3.5.5 All staff on duty shall wear the uniform duly approved by NHA.

3.5.6 The name, CNIC numbers of STAFF and contact numbers of key

administrative staff of FM&MC and NHA officers will be displayed

at site office locations of the FM&MC and also provided to NHA.

3.5.7 All facilities in the charge of the FM&MC shall be kept in tidy

condition all the times.

3.5.8 Insurance coverage as required under this agreement shall be



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NHA FM&MC

properly maintained by the FM&MC against any loss except

exclusions.

3.5.9 Canopy lights, Road Lights fixed on entry/exit ramps will be kept

operational by the FM&MC and shall be maintained in

operational condition all the times.

3.5.10 Safety measures will be ensured in case of fog and in hours of

low visibility.

3.5.11 Energy conservation policy of Government of Pakistan as

conveyed from time to time will be followed in true spirit.

3.6 ASSET INVENTORY

The FM&MC and NHA shall jointly develop detailed asset inventory and

its current value and condition. FM&MC will adjust value of asset with

every improvement or further additions to the asset.

FM&MC shall maintain the toll plaza facility and administrative control

buildings and other assets of NHA in optimum condition.

3.7 MANAGEMENT OF TOLL PLAZA

FM&MC shall ensure:

3.7.1 The Level-I maintenance team is available at site at all times

throughout the year.

3.7.2 Preparations, updating and keeping of documentations/record

and performing services strictly in accordance with the conditions

contained herein.

3.8 MAINTENANCE:

3.8.1 The FM&MC shall maintain all toll plaza ETTM systems and

facilities as per agreed equipment and services list documented in

this document.

3.8.2 The FM&MC shall beautify the premises by landscaping &

maintain such beautification throughout the year ensuring

healthy environment.

3.9 PENALTIES

3.9.1 If the FM&MC fails to start within specified time/ maintain the

generators installed at site as per the following, it shall be done at

the risk and cost of FM&MC by NHA designated official and a

penalty of Rs.100,000/- with one black dot shall be imposed per

occurrence.

Replacement of Generator Consumables and Services

i. Mobil Oil (Delo Gold 15W40) Every 250 Hours.



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NHA FM&MC

ii. Oil Filter (Cummins or Equivalent) Every 250 Hours.

iii. Fuel Filter (Cummins or Equivalent) Every 250 Hours.

iv. Radiator Coolant Every 250 Hours.

v. Air Filter (Cummins or Equivalent) Every 1000 Hours.

vi. Batteries As required.

One time immediately after taking over

3.9.2 In case of violation to the Scope of services, penalty of

Rs.50,000/- shall be imposed per occurrence and a black dot

shall be recorded of every successive occurrence.

3.9.3 Absence of any staff during the course of contract period shall

lead to the following: -

i. Cash Penalty of Rs.50,000/- per absente

ii. on 2nd to 4th absentees, warning shall be issued along with penalty and on 5th absente the contract shall be

terminated immediately with black listing of firm from NHA and shall not be prejudice in the Court of Law

3.9.4 Down time of toll plaza lane, penalty of Rs.10,000/- after every

4 hours. It shall start after 1st 4 hours of down time.

3.9.5 Down time of server penalty of Rs.20,000/- starts after 6 hours

of down time. A black dot shall also be recorded. (In case of a

hardware fault that is beyond reasonable control of FM&MC,

report from OEM service center to be provided. In such case, no

penalty will be imposed).

3.9.6 Unavailability of reports due to technical issues penalty of

Rs.5,000/- per day.

3.9.7 Use of unapproved spare/ parts penalty of Rs.100,000/- per

occurrence and a black dot shall also be recorded.

3.9.8 Non wearing of uniform by duty staff penalty of Rs.5,000/- per

occurrence per person.

3.9.9 Non availability of maintenance record at site penalty of

Rs.10,000/- per occurrence.

3.9.10 Deployment of Nonqualified Staff penalty of Rs.10,000/- per

occurrence and a black dot shall also be recorded.

3.9.11 Non Compliance to the Support Request of O&MC/ NHA, a

penalty of Rs.50,000/- per occurrence and a black dot shall

also be recorded.

3.9.12 Non maintaining of minimum stock of spare parts penalty of


3.9.13 Bogus reporting penalty of Rs.100,000/- per occurrence.

3.9.14 Interruption/ failure in power supply penalty of Rs.25,000/- per



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NHA FM&MC

occurrence. In case of extended unplanned power outage from

WAPDA (excluding planed load shedding), the relevant NHA

personnel shall be informed accordingly.

3.9.15 Refuse/ Fail to give training to O&MC/ NHA staff penalty of

Rs.25,000/- per occurrence and a black dot shall also be

recorded.

3.9.16 Fails to deposit/ pay utility bills in time, a penalty of


3.9.17 After receipt of request from O&MC/NHA, failure to resolve

discrepancies timely and preparation of management report,

penalty of Rs.10,000/- per occurrence.

3.9.18 Fails to timely inform NHA regarding breakdown in

communication medium of toll plazas with NHA HQ, penalty of


3.9.19 Fails to maintain backup of databases penalty of Rs.250,000/-

per occurrence per site. In case of any data loss due to the

same, an additional irrevocable penalty of Rs.2,500,000/- per

occurrence per site, shall be imposed. Furthermore, a minimum

of five (05) black dots will be recorded.

3.9.20 Fails to maintain the cleanliness of site and systems penalty of


3.9.21 Disclosure of NHA data to unauthorized person(s) penalty of

Rs.1,000,000/- per occurrence and three (03) black dots shall

also be recorded.

3.9.22 Fails to ensure display of employee card on staff uniform

penalty of Rs.10,000/- per occurrence per person.

3.9.23 Fails to illuminate the toll plaza penalty of Rs.50,000/- per

occurrence.

3.9.24 Failure to submit calibration certificate (quarterly) with

corresponding month invoice, a cash penalty of Rs. 50,000/-

per site shall be imposed and the invoice shall remain retained

till provision of the same.

3.9.25 On occurrence of provision of non-genuine Toners / stationery

items, a penalty of Rs.50,000/- per occurrence along with one

black dot.

3.10 PROCEDURE TO RECORD BLACK DOT

The reporting official will recommend the black dot to the overall incharge

of ETTM which will be placed before the following committee; -

a. General Manager (Revenue) Chairman, Committee

b. Director (P&CA) Member

c. Overall incharge of ETTM Secretary/ Member



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NHA FM&MC

The FM&MC shall also be invited to explain their point of view and after

due diligence, the aforementioned committee shall obtain the approval of

Member (Finance) within fourteen (14) days for award of black dot or as

the case may be. Upon accumulation of ten (10) black dots, for

imposition of any major penalty, or termination of contract, the case

shall be forwarded to the following committee for obtaining approval of

Chairman NHA: -

a. Member (Finance) Chairman, Committee

b. General Manager (P&CA) Member

c. Director (Legal) Member/ Advisor

d. General Manager (Revenue) Secretary/ Member

Till such time, that a decision is reached, the FM&MC activities shall be

taken over by NHA and the invoices in process shall remain withheld.



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NHA FM&MC

ARTICLE IV

REMOVAL/RE-ASSIGNMENT

4.1 REMOVAL

Promptly upon instructions to such effect from NHA, the FM&MC

shall remove from activities associated with or related to the

performance of this Agreement any employee whom NHA considers

(for any reason whatsoever and in NHA’s sole discretion) unsuitable

for such work. Such employee shall not be reassigned to perform

any work relating to the Services except with the express written

consent of the NHA. No compensation in any form shall be paid to

FM&MC by the NHA in consideration for the right of removal

described in this paragraph or in consideration of an exercise

thereof.

4.2 RE-ASSIGNMENT

FM&MC shall structure its relationship and procedures with its

employees so that the employees may be assigned to, reassigned or

transferred from one toll plaza location to any other location

without impediment.

4.3 DRUG-FREE WORKPLACE REQUIREMENTS

Throughout the Term, FM&MC shall provide a drug-free workplace

(within Toll plaza and its geographical limits) by establishing a

drug-free workplace and program in compliance with NHA policy.

4.4 COMPLIANCE WITH WORKPLACE & LABOUR LAWS

4.4.1 Throughout the Term, while performing under this

Agreement, the FM&MC, its agents and employees shall

observe and fully comply with all laws, ordinance and

regulations that may be in force and effect from time to

time hereafter and in particular all applicable labor laws.

4.4.2 It is hereby acknowledged that the FM&MC’s employees

and agents and subcontractors, shall at all times remain its

employees, agents and subcontractors, as the case may be,

and are not employees, agents or subcontractors of NHA

and that FM&MC will not be acting as NHA’s agent or on its

behalf for purposes for complying with laws and regulations

pertaining to workplace safety, labor and employment.



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NHA FM&MC

4.5 MANDATORY EQUAL EMPLOYMENT OPPORTUNITY

4.5 On or Ten (10) days after the Effective Date, FM&MC shall

submit to NHA for its review and approval, FM&MC’s

proposed equal employment opportunity policy and as per the

existing rules of FM&MC’s Organization. FM&MC shall

designate a liaison officer who will administer and oversee the

program adopted by FM&MC and shall keep complete and

accurate records of all procedures and decisions relating to

hiring of individuals.

4.5.1 FM&MC shall submit details of all employees on quarterly

basis to the program designer for evaluation of clause 4.5

implementation.

4.5.2 FM&MC shall follow the Minimum Wage Rate Policy of

Government of Pakistan during the currency of contract as

amended from time to time. In this regard, NHA shall not

bear any liability.

4.6 NOTIFICATION OF CONVICTION OF CRIMES

FM&MC shall notify the NHA of disciplinary action taken against its

employees, if convicted of any crime, according to the rules and

regulations.



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ARTICLE V

ASSIGNMENTS OF AGREEMENT; SUBCONTRACTS

5.1 ASSIGNMENTS RIGHTS AND LIMITATIONS

5.1.1 NHA has selected FM&MC to perform the Services based

upon characteristics and qualifications personal to the

FM&MC and its employees. Therefore, FM&MC may not

assign, delegate or subcontract its rights or obligations

under this Agreement. Any attempt by FM&MC to assign or

subcontract any performance of this Agreement without

such consent shall be null and void and shall, at NHA’s

option, constitute a default under this Agreement.

5.1.2 PAKISTAN TAX LIABILITIES

All taxes including Income Tax/Sales Tax/Surcharge or any

other Levy imposed by the Government of Pakistan shall be

paid by the FM&MC according to prevailing laws in Pakistan

during the currency of contract. All personnel and corporate

taxes will be paid by the FM&MC or his personnel.



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NHA FM&MC

ARTICLE VI

6.1 PAYMENTS

FM&MC will submit its invoice on monthly basis by the 5th of

successive month to the office of GM Revenue, NHA HQ alongwith

satisfactory performance report from General Manager (Region)/

Regional DD(Revenue) and Incharge ETTM Operations Center, NHA

HQ/ designated NHA Official for its claim pertaining to service

charges. All payments due to FM&MC will be paid by NHA within

45 days of receipt of Invoice after making any adjustment under the

provisions of this contract agreement. In the event of failure of the

NHA to make payment within the stipulated time, FM&MC may

claim interest at the prevailing commercial rate accrued on

payment certificate.



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ARTICLE VII

INDEMNIFICATION AND LIABILITY

7.1 FACILITY MANAGEMENT & MAINTENANCE CONTRACTOR’s

RESPONSIBILITIES

7.1.1 FM&MC shall take all reasonable precautions in the

performance of the services and shall cause its employees

to do the same. FM&MC shall be solely responsible for the

safety of, and shall provide protection to prevent damage,

injury or loss to:

(i) All employees of FM&MC and other persons who are on

or about the Plazas for performance of this contract or

would reasonably be expected to be affected by the

performance of the services;

(ii) Other property of FM&MC and its employees and

officers and all other persons for whom FM&MC may be

legally or contractually responsible or adjacent to the

Plazas or other areas upon which services are

performed;

7.1.2 FM&MC shall comply and cause its employees and officers

and all other persons for whom FM&MC may be legally or

contractually responsible, with applicable laws, ordinances,

rules, regulations and orders of public authorities relating

to the safety of persons and property and their protection

from damage, injury or loss for performance of this

contract.

7.1.3 FM&MC shall be responsible for all damage and loss that

may occur with respect to any and all property located on

or about the Plazas or in any way involved in the provision

of services by FM&MC, whether such property is owned by

FM&MC, NHA or brought about by the acts or omission of

FM&MC or its employees or officers or any other persons

for whom FM&MC may be legally or contractually

responsible.

7.1.4 FM&MC shall ensure that all of its activities and the

activities of its employees and officers and all other persons

for whom FM&MC may be legally or contractually



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NHA FM&MC

responsible are undertaken in a manner that will minimize

the effect on surrounding property and the public.

7.2 INDEMNIFICATIONS BY FM&MC.

7.2.1 FM&MC shall defend, indemnify and hold harmless NHA

and each of the individuals that is now (or may in the

future become) a member of NHA successors and assigns,

and the officers, directors, agents, consultants and

employees of any of the foregoing (collectively referred to as

the “Indemnified Parties”) from and against any and all

claims, causes or action, suits, legal or administrative

proceedings, damages, losses liabilities, response costs,

costs and expenses (including, without limitation,

attorneys’ and experts witness fees and costs that may be

incurred in connection with the enforcement of this

paragraph) arising out of, relating to or resulting from:

i. The performance by FM&MC (or its employees, officers

or any other persons for whom FM&MC may be

contractually or legally responsible) of the services or

other duties or obligations set forth in this agreement or

the failure to perform the services in the manner herein

required;

ii. The failure of FM&MC(or its employees or officers or any

other persons for whom FM&MC may be contractually

or legally responsible) to comply with any applicable

law, rule, ordinance, regulation or statue in performing

the services or other duties or obligations set forth in

this agreement.

iii. Any alleged patent or copyright infringement or other

allegedly improper appropriation or use of trade secrets,

patents, proprietary information, know-how, copyright

rights or inventions in performance of the services or

other duties or obligations set forth in this agreement;

iv. Any act or omission of FM&MC (or its employees or

officers or any other persons for whom FM&MC may be

contractually or legally responsible), including, but not



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NHA FM&MC

limited to, any act or omission that may cause, result

in, or contribute to the injury to or death of persons, or

the damage to or loss of property;

v. The assertion by any FM&MC or other person that

inconvenience, disruption, delay or loss has been cause

all or in part by actions or interference of FM&MC (or its

employees, officers or any other persons for whom

FM&MC may be contractually or legally responsible) to

cooperate reasonably with such contractors,

subcontractors, or other persons.

7.2.2 Except to the extent permitted by law, the provisions of this

Paragraph 7.2 shall not inure to the benefit of an

Indemnified party so as to impose liability on FM&MC for

matters caused by the negligence of NHA, or so as to relieve

NHA of liability for the consequences of its own negligence

or the negligence of its employees, officers or any other

persons for whom the NHA may be contractually or legally

responsible.

7.2.3 If any claim shall be filed by an employee of FM&MC (or

anyone for whose acts they may be liable), the

indemnification provisions set forth in this Paragraph 7.2

shall not be limited, as to the amount or type of damages,

compensation or benefits payable by or for FM&MC or

otherwise, under the terms of or as a consequence of any

workers’ compensation, as per the existing rules of

FM&MC.

7.3 NO EFFECT ON OTHER RIGHTS

The foregoing obligations shall not be construed to negate, abridge,

or reduce other rights or obligations that otherwise would exist in

favor of a party indemnified hereunder.



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ARTICLE VIII

SECURITIES AND INSURANCES

8.1 ISSUES OF SECURITIES AND INSURANCE

FM&MC shall arrange securities and insurances acceptable to NHA

as described herein and shall maintain such securities and

insurance in full force and effect throughout the Term in the

manner specified herein.

8.2 PERFORMANCE SECURITY/BOND

Within a period of Fourteen (14) days after the receipt of letter of

acceptance, FM&MC shall deliver to NHA a performance security in

shape of Pay Order/ Demand Draft/ Performance Bond/

Performance Bank Guarantee in the format set out in “Sample

Form-PS” given at the end of RFP or Insurance Performance Bond

from insurance companies having AA & above rating listed in the

NHA Panel equal to the amount as mentioned in bid data sheet.

NHA may apply any or all of such security to reimburse it for

damages caused by any defaults of FM&MC under this Agreement

or to remedy any Event of Default. If FM&MC is not in default at

the expiration or termination of this Agreement, NHA will authorize

the release and return of the performance security to FM&MC after

90 days of expiry of contract subject to any adjustment due under

clause 3.8 & 3.9 Article-III of Conditions of Contract.

8.3 ADDITIONAL REQUIREMENTS

Performance security executed by an agent or an attorney-in-fact

for the corporate surety shall include a power of attorney to the

signatory agent or the attorney-in-fact, executed by the corporate

surety with a date reasonably proximate to the date of the security.

By its submission of its security(s), the dispute resolution

procedures set forth herein. These undertakings shall be expressly

acknowledged in the security.



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8.4 FORMS OF INSURANCE COVERAGE AND MINIMUM

LIMITS

FM&MC shall maintain insurance policies throughout the Term

with the following coverage and minimum limits:

8.4.1 FM&MC shall obtain within fourteen (14) days and

maintain comprehensive health insurance for all its staff

working on project site.

8.4.2 FM&MC shall obtain and maintain during the currency of

contract, insurance for all it’s employees working on project

site against injury or death having a minimum coverage of

Rs.500,000/-in case of death and Rs. 200,000/- for each

case of injury/disability with unlimited number of

incidents. The premium for such insurances shall be paid

by the FM&MC.

8.5 EXCLUSIONS

There shall be no obligation for the insurances in Sub-Clause 8.4 to

include loss or damage caused by:

8.5.1 War, hostilities (where war be declared or not), invasion, act

of foreign enemies,

8.5.2 Rebellion, revolution, insurrection, or military or usurped

power, or civil war

8.6 DAMAGE TO PERSONS AND PROPERTY

The FM&MC shall, except if and so far as the Contract provides

otherwise, indemnify the Employer against all losses and claims in

respect of:

a. Death of or injury to any person, or

b. Loss of or damage to any property (other than the

maintenance), which may arise out of or in consequence of

the execution and completion of the operations, and against

all claims, proceedings, damages, costs, charges and expenses

whatsoever in respect thereof or in relation thereto.

8.7 INDEMNITY BY EMPLOYER

The Employer shall indemnify the FM&MC against all claims,



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NHA FM&MC

proceedings, damages, costs, charges and expenses in respect of

the matters referred to in the exclusions defined in Sub-Clause 8.5.

8.8 THIRD PARTY INSURANCE (INCLUDING EMPLOYER'S

PROPERTY)

The FM&MC shall, without limiting his or the Employer's obligation

and responsibilities under Clause 8.6, insure, in the joint names of

the FM&MC and the Employer, against liabilities for death of or

injury to any person (other than as provided in Clause 8.5) or loss

of or damage to any property (other than the Works) arising out of

the performance of the Contract.

8.9 EVIDENCE AND TERMS OF INSURANCES

The FM&MC shall provide evidence to the Employer prior to the

commencement of works at the Project Site that the insurances

required under the Contract have been affected and shall, within

84 days of the Commencement Date, provide the insurance policies

to the Employer. Such insurance policies shall be consistent with

the general terms agreed under this contract agreement. The

FM&MC shall affect all insurances for which he is responsible with

insurers and in terms approved by the Employer.

8.10 ADEQUACY OF INSURANCES

The FM&MC shall notify the insurers of changes in the nature,

extent or program for the execution of the Works and ensure the

adequacy of the insurances at all times in accordance with the

terms of the Contract and shall, when required, produce to the

Employer the insurance policies in force and the receipts for

payment of the current premiums.

8.11 REMEDY ON FM&MC’S FAILURE TO INSURE

If the FM&MC fails to effect and keep in force any of the insurances

required under the Contract, or fails to provide the policies to the

Employer within the period required by Clause 8.4.1, then and in

any such case the Employer may effect and keep in force any such

insurances and pay any premium as may be necessary for that

purpose and from time to time deduct the amount so paid from the

securities of the FM&MC.



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8.12 COMPLIANCE WITH POLICY CONDITIONS

In the event that the FM&MC or the Employer fails to comply with

conditions imposed by the insurance policies effected pursuant to

the Contract, each shall indemnify the other against all losses and

claims arising from such failure.

8.13 COMPLIANCE WITH STATUTES, REGULATIONS

The FM&MC shall conform in all respects, including by the giving of

all notices and the paying of all fees, with the provisions of:

8.13.1 Any National or State Statute, Ordinance, or other Law, or

any regulation, or bye-law of any local or other duly

constituted authority in relation to the execution and

completion of the Works and the remedying of any defects

therein, and

8.13.2 The rules and regulations of all public bodies and

companies whose property or rights are affected or may be

affected in any way by the Works, and the FM&MC shall

keep the Employer indemnified against all penalties and

liability of every kind for breach of any such provisions.

Provided always that the Employer shall be responsible for

obtaining any planning, zoning or other similar permission

required for the Works to proceed and shall indemnify the

FM&MC in accordance with Sub-Clause 8.7.

8.14 INSURANCE COMPANY

The FM&MC shall be obliged to place all insurances relating to the

contract with insurance company of AA rating operating in Pakistan

and acceptable to the Employer

8.15 PROCUREMENT OF INSURANCE COMPANY

The FM&MC shall procure and submit the insurance coverage

within a period of 28 days from the date of receipt of acceptance

letter.



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ARTICLE IX

DEFAULT REMEDIES

9.1 DEFAULT BY FM&MC

Default by FM&MC is hereby categorized as under:-

1) NON CURABLE DEFAULT: Event(s) of Default which will not

be granted a cure period upon occurrence and will result

immediate termination of contract without any recourse.

2) CURABLE DEFAULT: Event(s) of Default which will require

grant of cure period at the assessment of Employer at its sole

discretion, not exceeding 07 days. Failure of FM&MC to cure

such Default during the cure period shall result termination

on Default by FM&MC and forfeiture of Performance

securities. Maximum number of such occurrences is limited

to (03) three

9.2 EVENTS OF DEFAULT

Following are events of Default by FM&MC: -

9.2.1 Errors generated, non-information of tampering of any

form recorded in the ETTM system due to sensors

blockages and placing some metal object on magnetic

loop in lanes like AVC sequence error and Roll Back

error etc, if observed or evidenced then the FM&MC

shall be held responsible. This error shall be considered

as gross violation and non-curable event for declaring

the FM&MC as defaulter. The FM&MC shall be

blacklisted for future bidding in NHA after forfeiture of

Performance Security, Advances and ensuring all due

recoveries.

9.2.2 Upon accumulation of 10 black dots under clause 3.9 (non-

curable);

9.2.3 To extent allowed by law, filing by FM&MC of a petition in

bankruptcy or for reorganization or for an arrangement



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pursuant to any federal or state bankruptcy law or any

similar federal or state law: adjudication of FM&MC as a

bankrupt or insolvent; assignment by FM&MC for the

benefit of creditors; admission in writing by FM&MC of its

inability to pay its debts generally as they become due filing

of a petition or answer proposing the adjudication of

FM&MC as bankrupt or insolvent pursuant to any

bankruptcy law or similar in any court, and failure of

FM&MC to discharge such petition or answer within ninety

(90) days after the filing thereof (Non Curable);

9.2.4 Failure of FM&MC to secure or maintain insurance

coverage of the types and with the coverage’s herein

required (Curable);

9.2.5 Dishonesty, embezzlement or false reporting of financial

information by FM&MC or any Key Personnel, willing or

knowing participation by FM&MC in a fraud (Non Curable);

9.2.6 Lack of financial responsibility evidenced by failure to

promptly reimburse NHA but in no case later than 60 days,

for any loss or damage to NHA or its property (Curable);

9.2.7 Conviction of any employee or affiliate of FM&MC of a

public entity crime, or placement of the names of FM&MC

or any employee or affiliate of FM&MC on the convicted

vendor list (Curable);

9.2.8 Failure by FM&MC to perform any component of the

Services in a manner as specified in Contract Agreement as

it may hereafter be amended, modified or supplemented

from time to time (Curable).

9.3 RIGHTS OF NHA UPON OCCURRENCE OF EVENT OF DEFAULT

BY FM&MC

9.3.1 In case of occurrence of Non Curable Default by FM&MC,

NHA shall terminate this Agreement on Default of FM&MC

and take over possession of all the facilities forthwith from

the FM&MC and without any recourse or issuing any notice

to FM&MC. Performance securities shall also be forfeited by

the Employer in addition to recovery of fine/default

amounts and any other penalty as deemed necessary.

9.3.2 In case of occurrence of Curable Default by FM&MC, NHA

will issue Notice of Default specifying the Cure Period. If



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the Cure of such Event of Default is not accomplished by

the FM&MC with in Cure Period, NHA will take over

possession of all the facilities from FM&MC without any

recourse. Performance securities shall also be forfeited by

the Employer.

9.4 DEFAULT BY NHA

The occurrence of any one or more of the following events shall

constitute an event of default by NHA under this Agreement:

9.4.1 failure to return the Performance Security upon the expiry

of validity period, subject to any final settlement of

outstanding claims by NHA; and

9.4.2 if NHA fails to hand over possession of Project Site for

performing the services under this Contract at the expiry of

Bid Validity period or any extension agreed under clause

3.2 of the LOI;

9.5 RIGHTS OF FM&MC UPON OCCURRENCE OF EVENT OF

DEFAULT BY NHA

If NHA commits an Event of Default, FM&MC shall be entitled to

exercise either or all of the following remedies:

9.5.1 lodge a complaint with the Chairman, NHA in respect of the

Event of Default by NHA and seek a review thereof; and

9.5.2 avail such other remedy to which it may be entitled under

this Contract Agreement and the law.

RESOLUTION OF DISPUTES

9.6 Settlement of Disputes

If any dispute or difference of any kind whatsoever arises between

the FM&MC and the NHA in connection with or arising out of the

Agreement or performance of the job whether during the progress of

the job or after its completion or after is termination, abandonment,

or breach of the Agreement, it shall in the first place be referred to:

9.6.1 The General Manger (Revenue), NHA in accordance with



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Article 11.11 the said notice/reference shall contain the

cause of action, mentioning facts of the case and relief

sought. The General Manager (Revenue) shall decide the

dispute within twenty-eight (28) days of the receipt of such

notice.

9.6.2 If the FM&MC is dissatisfied with the decision of the

General Manager (Revenue) or if the decision of the General

Manger (Revenue) is not forthcoming within the stipulated

or extended period, the FM&MC may within two (02) weeks

from the receipt of the decision of the General Manager

(Revenue) or expiry of twenty-eight days time refer the

matter to the Member (Finance) along with the cause of

action, mentioning facts of the case and relief sought. The

Member (Finance) will act as a Sole Adjudicator and shall

decide the matter within twenty-eight (28) days from the

date of submission.

9.6.3 The FM&MC, if dissatisfied with the decision of the

Adjudicator shall have the right to serve Notice for Intention

to commence arbitration within twenty-eight (28) days of

receipt of the Adjudicator’s decision or within twenty-eight

(28) days after the expiry of the period stipulated herein

above for decision of the Adjudicator in case he fails to give

decision. The Arbitration shall take place at Islamabad

under the Pakistan Arbitration act of 1940 as amended

from time to time and shall be conducted in the Urdu/

English language. The Award of the Arbitrator shall be final

and binding upon both parties.

Provided however, that the parties shall have the right at resolution

of disputes amicably within fifty-six (56) days of service of Notice for

Intention to commence Arbitration and the Arbitration shall

commence in case of failure of amicable settlement.



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ARTICLE X

OBLIGATIONS OF THE PARTIES UPON TERMINATION

OR EXPIRATION OF THIS AGREEMENT

10.1 Obligations

Immediately upon expiration or termination of this Agreement, whether at

the expiration of the term or otherwise, the parties shall do the following;

-

10.1.1Promptly upon termination, FM&MC shall submit to NHA

detailed information regarding employees of FM&MC performing

work under this Agreement. Such information shall be in

sufficient detail so that:

(i) NHA may have the ability to contact each employee;

(ii) NHA can easily determine the role or function of each in

regard to FM&MC’s obligations hereunder and

(iii) If it so elects, NHA may engage each employee on

substantially the same terms as had been contracted by

FM&MC.

10.1.2Within fifteen (15) days after FM&MC’s submission to NHA of the

information described in subparagraph (10.1.1) FM&MC shall

cancel or terminate all employment agreements.

10.1.3FM&MC shall use its best efforts to cancel or minimize any

employment commitments or agreements that NHA does not

intend to assume. FM&MC shall initiate settlement of all

outstanding liability and claims arising out of the commitments

or agreements to be cancelled.

10.2 TRANSFERS UPON EARLY TERMINATION OR EXPIRY

Upon early termination or expiry of this Agreement in accordance with

the terms and conditions set out herein, FM&MC shall immediately cease

to perform the Services on the Project Site and shall remove all its

workmen, employees, servants, agents of FM&MC, vacate the Project Site



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immediately on the date on which the termination or expiry takes effect

and hand over the same to the NHA or a duly nominated representative

thereof, in a properly maintained and operational condition.

The NHA shall, inspect the Project Sites and assets thereon including all

civil works, installations, equipment and facilities and shall issue a

transfer certificate to FM&MC specifying the condition of the Project Site

and the assets thereon and whether FM&MC has failed to abide by any of

its obligations under the Agreement.

Upon early termination or expiry of this Agreement, the rights and

entitlements of FM&MC pursuant to this Agreement shall revert to, vest

in or remain vested in the NHA, as the case may be.

FM&MC shall ensure that the Project Sites and the assets thereon upon

the date of early termination or expiry are free of all liens and charges.

Notwithstanding any dispute between the Parties or any claim against the

NHA, FM&MC shall hand over vacant and peaceful possession of the

Project Site and the assets thereon to the NHA in accordance with the

terms and conditions as set out in this Agreement. Any dispute between

the Parties or any claims of FM&MC against the NHA shall not in any

case entitle FM&MC to refuse or delay the transfer of the Project Site to

the NHA. Failure by FM&MC to so transfer the Project Site to the NHA in

accordance with the terms and conditions of this Agreement shall be

treated as encroachment and unauthorized occupation by FM&MC and

may be dealt with by the NHA under Section 12 of the National Highway

Authority Act, 1991.

10.3 CONTINUING LIABILITY

Termination of this Agreement or any portion thereof shall not relieve

FM&MC of its responsibilities of the completed portions of the Works,

nor shall it relieve FM&MC’s surety, if any, of its obligation for and

concerning any claims arising out of the work performed.

10.4 COMPLETION OF THE SERVICES

If the FM&MC commits an Event of Default hereunder, NHA may

appropriate any or all materials and equipment on site and may enter

into an agreement with any other party for the performance of services

under the Agreement or may use other methods which, in the opinion of

NHA are required for the performance of the Services in an acceptable

manner, without recourse to legal remedies.



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ARTICLE XI

MISCELLANEOUS PROVISIONS

11.1 WAIVER

This Agreement may not be amended, modified, altered, or changed in

any respect whatsoever, except by a further agreement in writing duly

executed by the parties hereto. No failure by either party to insist upon

the strict performance of any covenant, duty, agreement or condition set

forth in this Agreement or to exercise any right or remedy upon a breach

thereof shall constitute a waiver of any such breach or of such or any

other covenant, agreement, term or condition. Any party hereto, by

notice, may, but shall be under no obligation to, waive any of its rights or

any conditions to its obligations hereunder, or any duty, obligation or

covenant of any other party hereto. No waiver shall affect or alter this

Agreement, but each and every covenant, agreement, term and condition

of this Agreement shall continue in full force and effect with respect to

any other then-existing or subsequent breach thereof.

11.2 VARIATIONS IN WRITING

This Agreement may be varied or amended only by the mutual consent of

the Parties. All such variations and amendments shall be binding only if

they are in writing and are signed by duly authorized representatives of

the Parties.

11.3 SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of NHA

and its successors, permitted assigns and legal representatives, and shall

be binding upon an inure to the benefit of FM&MC and its permitted

successor, assigns and legal representatives. In the event of any

assignment of this Agreement in whole or in part by NHA, the term “NHA”

as used in this Agreement shall be deemed to mean the assignee of NHA,

and as such, the assignee shall have all rights accorded to NHA.

11.4 DESIGNATION OF REPRESENTATIVES; COOPERATION WITH

REPRESENTATIVES



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11.4.1NHA and FM&MC shall each designate an individual (or

individuals) who shall be authorized to make decisions and bind

the parties on matters relating to the effectuation of the

Agreement and the operations and maintenance required

hereunder. The designated individuals shall not have the right to

make decisions inconsistent with the Agreement, or make

amendments thereto or take any action or make any decision

that are not allowed under applicable law. Designations of

representatives may be changed by a subsequent writing

delivered to the other party. The parties may also designate

technical representatives who shall be authorized to investigate

and report on matters relating to the Services and negotiate on

behalf of each of the parties but who are not authorized to bind

NHA or FM&MC. Such representatives shall attend any

settlement conference conducted in accordance with Paragraph

9.6.

11.4.2FM&MC shall cooperate with NHA and all representatives of NHA.

FM&MC shall provide such data, reports, certificates, and other

documents or assistance reasonably requested by NHA. The

provision of such information shall not in any manner diminish

FM&MC’s rights or obligations under any other provision hereof.

11.5 GRATUITIES

Neither FM&MC nor any of its employees, agents and representatives

shall offer or give loan, gifts, entertainment, payment of loans or other

gratuities to officer, official or employee of NHA. Each of the employees

and officer of FM&MC and any Subcontractors shall be obligated to pay

the standard rate of all applicable tolls for use of the Roadways.

11.6 CONFLICT OF INTEREST

During the Term and for a period upto 30-06-2019, no board member,

officers or employees of NHA during his or her tenure shall have any

direct interest in this Agreement or any direct or material benefit arising

there from.

11.7 SURVIVAL

The dispute resolution provision set forth in Article IX, and all other

provisions which, by their inherent character, sense and context are



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NHA FM&MC

intended to survive termination of this Agreement, shall survive the

termination of the Agreement.

11.8 LIMITATION ON THIRD PARTY BENEFICIARIES

This Agreement shall not create any third party beneficiary hereunder,

other than the Indemnified Parties, or authorize anyone other party

hereto to maintain a suit for personal injury or property damage

pursuant to the terms or provisions hereof.

11.9 PERMITS, LICENSES, ETC.

Throughout the Term, FM&MC shall procure and maintain, at its sole

expense, all permits and licenses that may be required in connection with

the performance of Services by FM&MC, shall pay all charges, fees and

taxes, and shall give all notices necessary and incidental to the due and

lawful execution of the Services. Copies of required permits and licenses

shall be furnished to NHA in due course.

11.10 GOVERNING LAW

This Agreement shall be governed by and construed in accordance

with the laws of the Islamic Republic of Pakistan.

11.11 NOTICES AND COMMUNICATIONS

11.11.1 All notices required or permitted by law or by this Agreement to

be given to the NHA shall be in writing and may be given by

either personal delivery or by registered post or by a recognized

courier service. Notice shall be sent to the parties at the

addresses set forth below or at such other addresses as the

parties shall designate to each other from time to time in

writing.

All communication to NHA shall be sent to NHA at the address set

forth as follows:

Office of General Manager (Revenue), 27-28 Mauve Area, G-9/1, Islamabad. Phone: +92-51- 91036243, Fax # 92-51-9106244

NHA’s Authorized Representative:

General Manager (Revenue)/ (Region)



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11.11.2 Any notice or demand given, delivered or made by mail shall be

deemed to be served, delivered or made on the date of actual

receipt. Notices sent by courier service shall be deemed effective

on the first business day. Any notice, demand or document that

is personally delivered shall be deemed to be delivered upon

receipt by the party to whom the same is given, delivered or

made, to the authorized representative, exclusively. Notice given

by facsimile or telecopy shall not be deemed effective for

purposes of this Agreement.

11.12 INTERPRETATION

11.12.1 For purposes of this Agreement, the singular includes the plural

and the plural shall include the singular. References to statutes

or regulations include all statutory or regulatory provisions

consolidating, amending or replacing the statute or regulation

referred to. Words not otherwise defined that have well-known

technical or industry meanings, are used in accordance with

such recognized meanings. References to persons include their

respective permitted successors and assigns and, in the case of

governmental persons, persons succeeding to their respective

offices functions and capacities.

11.12.2 If FM&MC discovers material discrepancy, deficiency, ambiguity,

error or omission into this Agreement, or is otherwise in doubt as

to the meaning of any provision of this Agreement, FM&MC may

immediately notify NHA and request clarification of NHA’s

interpretation of this Agreement, in writing.

11.13 SEVERABILITY

The invalidity of un-enforceability of any portion or provision of this

Agreement shall not affect the validity or enforceability of any other

portion or provision. Any invalid or un-enforceable portion or provision

shall be deemed severed from this Agreement and the balance hereof

shall be construed and enforced as if this Agreement did not contain

such invalid and un-enforceable portion or provision.



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11.14 COMPUTATION OF PERIODS

Reference of “days” contain herein shall mean calendar days unless

otherwise specified, provided that if the date to perform any act or give

any notice specified herein (including the last date for performance or

provision of notice “within” a specified time period) falls on a Sunday or

legal holiday, such act or notice may be timely performed on the next

succeeding working day. Notwithstanding the foregoing, requirements

relating, to emergencies and other requirements for which it is clear that

the intent is to require performance on a non-business day, shall be

required to be performed as specified, even though the date in question

may fall on a weekend or legal holiday.

11.15 HEADINGS; GRAMMAR USAGE; NAMES

Words in the singular number are deemed to include the plural when the

sense requires, and the plural shall similarly include the singular. Where

the government agencies are named, the name used is deemed to include

any successor agency in the event the name is changed or the relevant

functions are transferred.

The captions of the sections of this Agreement are for convenience only

and shall not be deemed part of this Agreement or considered in

construing this Agreement.

11.16 COMPLIANCE WITH LAWS

FM&MC shall keep fully informed regarding, and shall fully and timely

comply with, all laws, ordinances and regulations and all orders and

decrees of bodies or tribunals having any jurisdiction or authority that

may affect those engaged or employed in the performance of this

Agreement. FM&MC shall observe all rules and regulations of health

officials. FM&MC shall not require worker to work in surroundings or

conditions that lack sanitation and hygiene or hazardous and dangerous

to his or her health or safety.

All policies, guidelines, rules and regulations and all applicable laws of

Islamic Republic of Pakistan in this regard, shall be read into and made

integral parts of this Agreement.

11.17 INSPECTIONS

FM&MC shall permit (at all times) inspections desired by NHA. Such



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inspections shall not relieve FM&MC of any of its obligations under this

Agreement.

11.18 ENTIRE AGREEMENT

This Agreement, including the Appendices attached hereto, shall

supersede all agreements, oral or written, and with respect to the subject

matter hereof is accepted and agreed by NHA.

11.19 NON-RELIEF FROM ACCRUED LIABILITY

The termination of this Agreement shall not relieve either Party of any

liability that may have already accrued pursuant to the terms of this

Agreement.

11.20 CONFLICT

Except where expressly stated otherwise, in case of a conflict between any

of the provisions of this Agreement and any provision of any document or

instrument relating to the Project, the provisions hereof shall prevail.

11.21 ENTRY INTO EFFECT

This Agreement shall become effective upon the signing by FM&MC and

the NHA.



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ARTICLE XII

FORCE MAJEURE

12.1 General

Force Majeure means an event which is not caused by and is beyond the

reasonable control of either Party and whose occurrence could not have

been reasonably foreseen at the date of this Agreement by exercise of due

diligence and which makes performance of this Agreement impossible in

the sense or mode contemplated by the Parties or so impractical as to be

considered so impossible under the new circumstances, and includes,

but is not limited to war, invasion, riots, insurrection, civil commotion,

acts of terrorism, unusual flood, major earthquake, volcanic activity,

radiation or chemical contamination, ionizing radiation, explosions,

serious epidemics, or any act of God.

12.2 NOTICE OF FORCE MAJEURE

If either Party is unable to perform or fulfill any of its obligations under

this Agreement, as a result of an event of Force Majeure, it shall give

notice within three (03) days of the occurrence thereof to the other Party.

12.3 TERMINATION DUE TO FORCE MAJEURE

Neither party shall by reason of such eventuality, be entitled to terminate

this Agreement nor shall either party have any claim for damages against

the other in respect of such non-performance for delay in performance,

and deliveries under and/or performance of this Agreement shall be

resumed as soon as practicable after such eventuality has come to an

end or ceased to exist provided that if the performance in whole or part of

any obligation under this Agreement is delayed by reason of any such

eventuality for a period exceeding fifteen (15) days, the Parties shall meet

and review in good faith the desirability and conditions of terminating

this Agreement.

12.4 CONTINUATION OF THE AGREEMENT

The Parties acknowledge that it is in their mutual interest that to the

extent possible, decisions concerning Force Majeure shall be directed

towards the continued operation of the Project for the full duration of the

Term as provided in this Agreement.



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APPENDIX–A

GLOSSARY OF TERMS

Wherever in the Scope of Services or in other documents pertaining to the

Contract, the following terms appear, their intent and meaning shall, unless

specifically stated otherwise, be interpreted as shown herein.

NHA: National Highway Authority (the Employer)

Authority: National Highway Authority

Employer: National Highway Authority

FM&MC: Facility Management & Maintenance contractor to provide

maintenance services for AVC based ETTM System.

Service Provider – Same as FM&MC and interchangeable with Contractor

OEM: Original Equipment Manufacturer

OS: Operating System

O&MC: Operations and Management Contractor for toll collection, separately

appointed by NHA

AVC: Automatic Vehicle Classification system.

Conditions of Contract: Requirements of Employer for performing the services

as set out in contract documents.

Cash-up/Counting Room: The room in the toll plaza operating building where

toll collectors / attendants prepare cash trays before going on duty, and where

money is counted at the end of the shift.

Day: Every day shown on the calendar, ending and beginning at midnight.

ETTM: Electronic Toll & Traffic Management System.

Emergency Power: Standby Power

Emergency Generator: Standby Generator.

Project Site: ETTM Toll plaza along with allied facilities which may include

but not limited

Project Manager: The person responsible for the entire operation and

management of the plazas.

FM&MC Operation Office: The building/office from which the FM&MC



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NHA FM&MC

conducts the entire operation and management of all toll plazas. PEC: Pakistan Engineering Council

Working Day: Any calendar day, exclusive of Sundays and public holidays.



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DETAILS OF STAFF

APPENDIX-B

Name with

Father’s Designation Education CNIC No. Shift

Name

Level - I

Level - II

Level - III



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APPENDIX-C

FORM OF ENVELOPE LABEL

ORIGINAL BID/ COPY 1/ COPY 2

WARNING: DO NOT OPEN BEFORE: ______________________

Contract Title: ________________________________________________

Advertisement Date: ________________________________________________

Bid Opening Date:________________________________________________

To:

GM (Revenue)

National Highway Authority

27-Mauve Area, G-9/1, Islamabad

From:

Name of Bidder/Firm: ________________________________________________

Address: ________________________________________________

________________________________________________

________________________________________________

Phone Number: ______________________

Fax Number: ______________________



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APPENDIX-D

(INTEGRITY PACT)

DECLARATION OF FEES, COMMISSION AND BROKERAGE ETC.

PAYABLE BY THE SUPPLIERS OF GOODS, SERVICES & WORKS

IN CONTRACTS WORTH RS. 10.00 MILLION OR MORE

Contract No.________________ Dated __________________

Contract Value: ________________

Contract Title: _________________

………………………………… [name of Supplier] hereby declares that it has not

obtained or induced the procurement of any contract, right, interest, privilege

or other obligation or benefit from Government of Pakistan (GoP) or any

administrative subdivision or agency thereof or any other entity owned or

controlled by GoP through any corrupt business practice.

Without limiting the generality of the foregoing, [name of Supplier] represents

and warrants that it has fully declared the brokerage, commission, fees etc.

paid or payable to anyone and not given or agreed to give and shall not give or

agree to give to anyone within or outside Pakistan either directly or indirectly

through any natural or juridical person, including its affiliate, agent, associate,

broker, consultant, director, promoter, shareholder, sponsor or subsidiary, any

commission, gratification, bribe, finder’s fee or kickback, whether described as

consultation fee or otherwise, with the object of obtaining or inducing the

procurement of a contract, right, interest, privilege or other obligation or

benefit in whatsoever form from GoP, except that which has been expressly

declared pursuant hereto.

[name of Supplier] certifies that it has made and will make full disclosure of all

agreements and arrangements with all persons in respect of or related to the

transaction with GoP and has not taken any action or will not take any action

to circumvent the above declaration, representation or warranty.

[name of Supplier] accepts full responsibility and strict liability for making any

false declaration, not making full disclosure, misrepresenting facts or taking

any action likely to defeat the purpose of this declaration, representation and



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NHA FM&MC

warranty. It agrees that any contract, right, interest, privilege or other

obligation or benefit obtained or procured as aforesaid shall, without prejudice

to any other rights and remedies available to GoP under any law, contract or

other instrument, be voidable at the option of GoP.

Notwithstanding any rights and remedies exercised by GoP in this regard,

[name of Supplier] agrees to indemnify GoP for any loss or damage incurred by

it on account of its corrupt business practices and further pay compensation to

GoP in an amount equivalent to ten time the sum of any commission,

gratification, bribe, finder’s fee or kickback given by [name of Supplier] as

aforesaid for the purpose of obtaining or inducing the procurement of any

contract, right, interest, privilege or other obligation or benefit in whatsoever

form from GoP.

Name of Buyer: ……………… [Seal] Name of Seller/Supplier: …………

[Seal]

Signature: …………………… Signature: …………………………



_________________________ 84 _________________________

NHA FM&MC

APPENDIX-E

Operator’s Category Limit of Operational cost of project

(million rupees)

O-A No Limit

O-B Up to 1500

O-1 Up to 900

O-2 Up to 400

O-3 Up to 150

O-4 Up to 75

O-5 Up to 30

O-6 Up to 15

** reference http://www.pec.org.pk/fee.aspx

http://www.pec.org.pk/fee.aspx



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NHA FM&MC

APPENDIX-F

Detail of Minimum Stock Required to be Maintained



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NHA FM&MC

List of Spare Part for 10 locations other than KHANBELLA

Sr. No.

Item Specs

Unit QTY SITES

PER

PLAZA 10

Local Spares

1 Hard Disk Drive Atleast 500GB (2.5") Nos. 2 20

2 Monitor 18.5" LCD HP or Better Nos. 2 20

3 Thermal Printer EPSON TM-T88IV or better Nos. 2 20

4 Power Supply ATX 24-Pin 400 WATTS or better

Nos. 2 20

5 Siren 220 Volt Weather Proof Nos. 2 20

6 Foglight 220 Volt Revolving (Yellow) Nos. 2 20

7 DC Power Supply Pulse 12VDC Nos. 2 20

8 Circuit Breaker Legrand Single Pole (10

AMP) Nos. 2 20

9 Circuit Breaker Legrand Three Pole (32

AMP) Nos. 2 20

10 Relay 24 Volts Nos. 2 20

11 Relay 220 Volts Nos. 2 20

12 Exhaust Units 220 Volt AC (6 inch) Nos. 2 20

13 Thermal Printer Head

Epson Nos. 6 60

14 Intercom Set Panasonic or better Nos. 1 10

15 Camera Philips BOSCH or better Nos. 2 20

16 Printer HP 3005 Laser Jet or Better Nos. 1 10

17 LC/ AVC Steel

Enclosure

Made of SS as per OEM Specs (powder coating to

match the current installed units)

As and when required

18 LC/ AVC Steel back plate

Made of SS as per OEM Specs



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NHA FM&MC

Sr. No.

Item Specs

Unit QTY SITES

PER

PLAZA 10

OEM Spares

1 Logical Control Unit for LC

TolLink Logic Module Nos. 2 20

2 Logical Control Unit for AVC

TolLink Logic Module Nos. 2 20

3 Power Filter

Nos. 4 40

4 Surge Protector Deihnguard Nos. 4 40

5 MBC Card TolLink MBC Card Nos. 2 20

6 Keyboard TIPRO Keyboard (Spebble Replacement)

Nos. 2 20

7 Optical Sensor TolLink Sensor (RX) Nos. 10 100

8 Optical Sensor TolLink Sensor (TX) Nos. 10 100

9 Loop Detectors TolLink Sensor Nos. 4 40

10 Boom Arms Magnetic Autocontrol (3.5m) Nos. 6 60

11 Boom Controllers Magnetic Autocontrol Nos. 2 20

12 Ground Sensors (RX+TX+SK)

TolLink Ground Sensor Set. 2 20

13 Ground Sensors Steel Box

TolLink Sensor Steel Box Nos. 3 30

14 Height Pillar (RX+TX)

TolLink Height Pillar Pair. 1 10

15 Ground Sensor Steel Enclosure

TolLink AVC Sensor Steel Enclosure

Set. 2 20

16 Ground Sensor

Protection Plate

TolLink AVC Sensor

Protection Plate Set. 2

20

17 Patron Fare

Display TolLink PFD Nos. 1

10

18 Frame Grabber

Card

TolLink Frame Grabber

Card Nos. 1

10

19 Server HP ML350 G9 or better Nos. - -

20 Software licenses Nos. As and when

required



_________________________ 88 _________________________

NHA FM&MC

Sr. No.

Items from relevant OEM

Unit QTY SITES

PER

PLAZA 10

Traffic Barrier

1 Motor capacitor with lead 10uF c/w 5.6 Ohm resistor

Nos. 4 40

2 Motor capacitor with lead 6uF c/w 5.6 Ohm resistor

Nos. 4 40

3 Microprocessor control unit Nos. 2 20

4 Rubber End Stop Nos. 4 40

5 Worm gear shaft cpl U2 Nos. 4 40

6 Rotor shaft assembly U2 Nos. 4 40

7 Main shaft c/w flange Nos. 4 40

8 Lever assembly M8 Nos. 4 40

9 Motor lever assembly cpl Nos. 4 40

10 Potentio meter assembly Complete Nos. 4 40

11 Protection angle cpl Nos. 4 40

12 Gearbox part (small parts) Nos. 4 40

13 Drive unit component(small parts) Nos. 4 40

14 Spring bracket(lower) Nos. 4 40

15 Stator housing cpl 4p/240V BDUcpl. Nos. 4 40

16 Gearbox lid casting Nos. 4 40

17 Motor cable BDU 20 Nos. 4 40

18 Gear Wheel II Nos. 4 40

19 Drive shaft for poti BDU Nos. 4 40

20 Spring bracket upper Nos. 4 40

21 Gearbox housing casting Nos. 4 40

22 Ball bearing DIN 625- 6005-2RS Nos. 4 40

23 Ball bearing DIN 625- 6202-2Z Nos. 4 40

24 Ball bearing DIN 625- 6000-2Z Nos. 4 40

25 Bush JFM-4044-30 Nos. 4 40



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NHA FM&MC

26 Cam Lock c/w Key #018 Nos. 4 40

27 Small parts for BDU Nos. 4 40

28 Boom Flange swing- Away MSB4B Nos. 4 40

29 Fan for MIB 20 Nos. 4 40

30 Tension Spring Weak Nos. 4 40

31 Main Housing Door Cover Nos. 4 40

32 Channel Clamp Bar Nos. 4 40

33 Auto Open set MIB 20 Nos. 4 40

34 Traffic Barrier Arm (3m, red & White

color, round, suitable for swing away assembly)

Nos. 4 40



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NHA FM&MC

List of Spare Part for KHANBELLA N-5

Sr. No Part/Equipment

Description Unit Qty

A

Computer & Computer Peripherals

1 Intel Core i3-4150 processor 4GB RAM, 500GB Hard

drive

No. 2

2 LCD Monitors 19.5" No. 12

3

Epson TMT 88-III/IV Series Receipt Printer

No. 10

B

Power Supply/Electrical Equipment

1

UPS True online (double

conversion), pure sine wave 1000 VA min

No. 10

2

UPS Line Interactive, 1000VA min

No. 6

3 Dry Batteries for UPS No. 20

4

Breaker, single phase 10

Amp No. 15

5

Isobar/power socket outlets with surge protection

No. 6

6

Camera PS Adapter 12V DC,

0.35A No. 15

C Toll Equipment (typical)

1 Incident Camera without

Casing/Cover No. 5

2

Camera Cable USB

Extension/Adapter cable No. 10

3

IRD-0512-1A7S Lane Controller

No. 5

4

Industrial Key Board

Customize No. 10



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NHA FM&MC

5 Dynax Treadle Expansion Plugs/Bolt Caps 1.25" EPC

99

No. 250

6 Bolt nuts for treadle frame No. 200

7

Kit Loop Detector 1 CH Reno w/Brkt. P/N195143

No. 5

8

PCB Toll USB Lane Interface P/N180309

No. 8

9

AS400 Dynax Sensors

P/N100218 No. 12

10 Overhead lane signal No. 12

11

Video capture card 8-Ch, pci (part No. 670265)

No. 4

12 User fare display No. 4

13

Two Position Unibody Treadle P/N 100197

No. 4

14 Barrier Gate No. 3

15

Toll Treadle Module

P/N185009-01 No. 4

16

Kt LIU Surge Protection 220-

240VAC, P/N195149 No. 10

17

PCB Toll Lane RELAY Board, P/N180310

No. 5

18 P/S 90-264 Vac5/3.3/12v 35W IEC320-6P MiniDIN,

P/N292053

No. 16

19 Software licenses Nos.

As and when

required



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NHA FM&MC

FORM-CA

CONTRACT AGREEMENT BETWEEN

NATIONAL HIGHWAY AUTHORITY AND

M/s ----------------------

FOR FACILITY MANAGEMENT & MAINTENANCE CONTRACT FOR 11 Nos. AVC BASED ETTM TOLLING SYSTEMS & TOLL PLAZAS INSTALLED ON

HIGHWAYS INCLUDING OPERATIONS CENTER AT NHA HQ, ISLAMABAD

This AGREEMENT (hereinafter, together with the Articles for Facility Management & Maintenance and all the documents annexed hereto forming an integral part thereof, hereinafter called “the Agreement”) made on the _____ day of __________ 2016 between National Highway Authority, Ministry of Communications, Government of Pakistan, Islamabad, represented for the purposes of these presents by the Chairman, National Highway Authority, his assignees, representative or his successors hereinafter called “the Employer” of the one part and M/s --------------, hereinafter called “The Facility Management and Maintenance Contractor (FM&MC) ” of the other part. Notwithstanding such association, the Facility Management and Maintenance Contractor (FM&MC) will be represented hereunder at the times, M/s -------------------, who will retain full and undivided responsibility for the performance of obligations and satisfactory completion of the services to be performed for the Facility Management and Maintenance of 11 Nos. AVC based ETTM Toll Plazas and Operations Center, NHA HQ. Whereas the Employer is desirous that Facility Management and Maintenance (FM&M) services be rendered for the AVC bases ETTM Toll Plazas and Operations Center and Facility Management and Maintenance Contractor (OM&MC) accepts the appointment on the condition as laid down in the articles, annexes and appendices for the Facility Management and Maintenance of 11 Nos AVC based ETTM Toll Palzas and Operations Center.

Whereas, the Contract is signed with respect effective date as mentioned in the Article. The Employer is desirous that services be rendered for “FACILITY MANAGEMENT &

MAINTENANCE CONTRACT FOR 11 Nos. AVC BASED ETTM TOLLING SYSTEMS & TOLL PLAZAS INSTALLED ON HIGHWAYS INCLUDING OPERATIONS CENTER AT NHA HQ” from the date of commencement for a period ending 30th June 2019 and extendable for two term of one year each on satisfactory performance with mutual consent,. And whereas, the agreement consists of following documents constructed in order of priority.

Preamble Contract Agreement Letter of Acceptance Basic understanding & Term of Reference (TOR) between the FM&MC and client (NHA) Scope of Services Addendum (if any)



_________________________ 93 _________________________

NHA FM&MC

Appendices (if any) Any other documents forming part of FM&M Contract.

IN WITNESS whereof parties have executed this Agreement as of the day and year first above written. For and on behalf of For and on behalf of National Highway Authority M/s ------------------------ Islamabad. Islamabad (EMPLOYER) (OPERATOR) Witness: Witness:

FACILITY MANAGEMENT & MAINTENANCE CONTRACT FOR ELEVEN (11) Nos. ETTM

BASED TOLLING SYSTEMS & TOLL PLAZAS INSTALLED ON HIGHWAYS

_________________________ 94 _________________________

NHA FM&MC

PS-1

Performance Security Form

To: Chairman,

National Highway Authority

27 – Mauve Area, G-9/1

Islamabad, Pakistan.

WHEREAS [name of Contractor] (hereinafter called “the FM&MC” or “the

Contractor”) has undertaken, in pursuance of the Contract for the Facility

Management & Maintenance of AVC based ETTM Toll Plazas and Operations

Center, NHA HQ dated ________________ 2016 (hereinafter called “the Contract”).

AND WHEREAS it has been stipulated by you in the Contract that the

Contractor shall furnish you with a bank guarantee by a reputable bank/

insurance company for the specified therein as security for compliance with the

Contractor’s performance in accordance with the Contract.

AND WHEREAS we have agreed to give the Supplier a guarantee:

THEREFORE WE hereby affirm that we are Guarantors and responsible to you,

on behalf of the contractor, up to a total of [amount of the guarantee in words

and figures[, and we undertake to pay you, upon your first written demand

declaring the contractor to be in default under the Contract and without cavil or

argument, any sum or sums within the limits of [amount of guarantee] as

aforesaid, without your needing to prove or to show grounds or reasons for your

demand or the sum specified therein.

This guarantee is valid until the _______ day of _________ 20___.

Signature and seal of the Guarantors

________________________________________________________________________

[name of bank or financial institution]

________________________________________________________________________

[address]

________________________________________________________________________

[date]



_________________________ 95 _________________________

NHA FM&MC

FINANCIAL PROPOSAL FORMS (must be filled and sealed in separate

envelope) For

FACILITY MANAGEMENT & MAINTENANCE

CONTRACT FOR 11 Nos. AVC BASED ETTM TOLLING SYSTEMS & TOLL PLAZAS INSTALLED ON

HIGHWAYS INCLUDING OPERATIONS CENTER AT NHA HQ, ISLAMABAD



_________________________ 96 _________________________

NHA FM&MC

COMPOSITION OF THE FULL TEAM PERSONNEL AND THE TASKS TO BE ASSIGNED TO EACH TEAM MEMBER FOR MAINTENANCE OF

FACILITIES ON 24 x 7 BASIS 1. Technical/Managerial/Administration Staff

NAME POSITION TASKS ASSIGNMENT

PRESENTLY WHERE LOCATED

MINIMUM QUALIFICATION/ EXPERIENCE

2. Shift Staff at toll plaza

POSITION DESIGNATED

TASKS Nos / SHIFT

STAFF FOR 3 SHIFTS

3. Shift Staff at Operations Center, NHA HQ Islamabad

POSITION DESIGNATED

TASKS Nos/ SHIFT

STAFF FOR 3 SHIFTS

Note: i. NHA may like to interview the proposed staff prior to the award of

contract or replacement of any staff during the contract period.

ii. The FM&MC shall not be allowed to replace any staff at site during currency of contract without prior approval of NHA



_________________________ 97 _________________________

NHA FM&MC

iii. Duty roster of approved staff shall be placed at each Toll Plaza and Ops Center along with ID cards Nos

iv. Submission of attendance sheet is mandatory with monthly invoice, which should be duly signed by the employee and shift incharge/ supervisor respectively



_________________________ 98 _________________________

NHA FM&MC

FINANCIAL PROPOSAL FORMS FOR

Management and Maintenance Services

FF-1 Page 1 of 3

BREAKDOWN OF RATES FOR STAFF

Firm:________________________

Position Basic Salary per Cal. Month

Social Charges

(%age of 1)

Overhead/ Profit per Person

Salary

Allowances (%age of 1)

Sub-Total (1+2+3+4)

(1) (2) (3) (4) (5)

Notes: Basic salary shall include actual gross salary before deduction of taxes. Payroll sheet for each proposed personnel should be submitted with each invoice to be paid as per column (3) above accordingly. The basic salary should preferably be at least 50% of rate in column (3) at all times. Social charges shall include Employer’s contribution to social security, paid vacation, average sick leave and other standard benefits paid by the company to the employee.

The FM&MC is to provide appointment letter and affidavit/ undertaking duly signed by each of the individual staff members showing salary rates as above. Further during execution each invoice will also be provided showing that the professionals have been paid their salaries as per basic rates mentioned therein & given facilities, failing to which NHA will take punitive action against the FM&MC and shall deduct the deficient amount from his monthly invoice. Moreover it will be considered as a negative mark on his performance that will be considered for future projects.

Full Name: ______________________ Signature: _______________________ Title: ___________________________



_________________________ 99 _________________________

NHA FM&MC

FF-1 Page 2 of 3

BREAKDOWN OF SOCIAL CHARGES

Sr. No.

Detailed Description As a %age of Basic Salary



_________________________ 100 _________________________

NHA FM&MC

FF-1 Page 3 of 3

BREAKDOWN OF OVERHEAD COSTS

Sr. No.

Detailed Description As a %age of Basic Salary and Social Charges

FACILITY MANAGEMENT & MAINTENANCE CONTRACT FOR ELEVEN (11) Nos. ETTM BASED TOLLING SYSTEMS & TOLL PLAZAS INSTALLED ON

HIGHWAYS

_________________________ 101 _________________________

NHA FM&MC

FF-2 Page 1 of 2

ESTIMATED SALARY COSTS/REMUNERATION

Sr. No. Name Position Staff-Months Monthly Billing Rate

Total Estimated Amount (Rs.)

I. Professional/ Technical/ Administration Staff for Each Toll Plaza

Sub Total # 1:


HIGHWAYS

_________________________ 102 _________________________

NHA FM&MC

FF-2 Page 2 of 2

ESTIMATED SALARY COSTS/REMUNERATION

Sr. No. Name Position Staff-

Months

Monthly Billing

Rate

Total Estimated

Amount (Rs.)

II. Shift Staff for Each Toll Plaza

Sub Total # 2:

Sr. No. Name Position Staff-Months

Monthly Billing Rate

Total Estimated Amount (Rs.)

III. Shift Staff for Operations Center, NHA HQ

Sub Total # 3:


HIGHWAYS

_________________________ 103 _________________________

NHA FM&MC

IV Spare Shift (Reliever)

Coordinator (For all Operations) Total (Sub Total I + II + III + IV):______________ Comparison of cost will be based on above mentioned man power other than these will be covered in other costs. In case of difference in manpower comparison of bids will be based upon one standard by applying rates offered by bidder against the position.



_________________________ 104 _________________________

NHA FM&MC

FF-3

DIRECT (NON-SALARY) COSTS

Sr.

No Head Unit Quantity

Unit

Price

Total

Amount Remarks

1.

Communication/ Logistic Expenses, including

maintenance of equipment & vehicles, insurance and all

allied costs. Also include all utility bills if any.

2.

Insurance Professional/General Liability

Cover in the joint name of Client, Consultant and third party.

Medical/Hospitalization, accident and travel insurance

policy costs for FM&MC’s staff

3.

Office/Drafting Supplies, DVD Disks, Photostat, printing of reports, binding

charges, emailing, postal and courier expenses, etc.

4. Taxes payable

5 Overheads

6 Profit



_________________________ 105 _________________________

NHA FM&MC

FF-4

Cost of other FM&MC activities as mentioned in Scope of Services

(Lump sum monthly costs)

Sr.

No. Description Amount (Rs.)

1. Maintenance of AVC based

ETTM System & Ops Center

2.

Provision/Maintenance of Staff

transportation, Boarding & lodging

3.

Clearing & Cleaning Operations Including trash/waste disposal

4.

Supply of tools & spares

5.

Maintenance & upkeep of the

Toll Plaza Equipment other than AVC based ETTM System & Ops

Center

6

Supply and installation of 40KVA, three phase generators

with canopy & automatic changeover switch, specifically

for ETTM system (One time cost inclusive of all required civil/ electrical/ mechanical, wiring,

cabling, termination, testing & commissioning, labor, parts etc.)

7

Supply of consumables which

includes but is not limited to

Genuine Toners, Thermal Printer

Rolls and general stationery

items.

8.

Any other cost associated with

Scope of Work but not mentioned above.

(Please explain if used)



_________________________ 106 _________________________

NHA FM&MC

BILL OF QUANTITY SALARIES OF STAFF

ITEM

NO. ITEM DESCRIPTION

UNIT QTY. UNIT RATE/

MONTH

AMOUNT

1 BILL NO. 1 SALARIES OF

STAFF

1.1 Iqbal Shaheed (Mullah Mansoor

1.2 Sangjani

1.3 Mandra

1.4 Terraki

1.5 Jehlum

1.6 Chennab

1.7 Harro

1.8 Harrapa

1.9 IMDCW (Barakahu)

1.10 Qutbal (Fateh Jhang)

1.11 Khanbela

GRANT TOTAL OF BILL NO. 1 No.

The payments to FM&MC shall be made only for actual task(s) performed

during the billed period



_________________________ 107 _________________________

NHA FM&MC

BILL OF QUANTITY OPERATION & MAINTENANCE OF GENERATORS

ITEM

NO. ITEM DESCRIPTION UNIT QTY

UNIT RATE/

MONTH

AMOUNT

(RS.)

2

BILL No. 2 OPERATION &

MAINTENANCE OF

GENERATORS

(Include fuel, lubricant and all

type of repair, etc.)


2.2 Sangjani

2.3 Mandra

2.4 Terraki

2.5 Jehlum

2.6 Chennab

2.7 Harro

2.8 Harrapa



2.11 Khanbela

Grand Total Amount Bill No. 02





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NHA FM&MC

BILL OF QUANTITY OPERATION & MAINTENANCE OF ELECTRICITY

ITEM

NO. ITEM DESCRIPTION AMOUNT (RS.)

3

BILL No. 3 OPERATION &

MAINTENANCE OF ELECTRICITY

(As per actual)


3.2 Sangjani

3.3 Mandra

3.4 Terraki

3.5 Jehlum

3.6 Chennab

3.7 Harro

3.8 Harrapa



3.11 Khanbela

Grand Total Amount Bill No. 03





_________________________ 109 _________________________

NHA FM&MC

BILL OF QUANTITY MISCELLANEOUS ITEM

ITEM

NO. ITEM DESCRIPTION UNIT QTY

UNIT RATE

/MONTH

AMOUNT

(RS.)

4 BILL NO. 4 MISCELLANEOUS

4.1 Direct (Non-Salary) Cost (Form

FF-3) separately per toll plaza LS

4.2 Cost of other FM&MC activities as

mentioned in Scope Of Services

(Form FF-4) separately per toll

plaza

LS

4.3 Any other cost to be incurred by

FM&MC in performing this O&M

Contract separately per toll plaza

LS

GRAND TOTAL OF BILL NO. 4





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NHA FM&MC

THE FM&MC IS REQUIRED TO FILL THIS FORM CAREFULLY KEEPING IN VIEW THE EXPENDITURE TO BE BORNE

Per Processed Vehicle cost upto 30-06-2019 _______________________ at each toll plaza Per Processed Vehicle cost upto 30-06-2019 _______________________ at Operations Center, NHA HQ



_________________________ 111 _________________________

NHA FM&MC

EVALUATION CRITERIA

Technical Evaluation of Bid 100 Marks (70% weightage)

Financial Bid Evaluation 30 Marks (30% weightage)

Total 130 Marks

Note: I. Minimum Qualifying marks of technical Proposal = 65%

II. Any bidder having score less than 65% in technical proposal shall

not be eligible & their financial bid shall be returned unopened.

Financial Proposal Evaluation Criteria

Lowest bid = 30 score

Score of evaluated bid = Lowest bid Amount x 30 Evaluated bid Amount of Proposal under consideration

FINAL EVALUATION RESULTS

The final results of the evaluation process will be determined by adding together

the results of the technical and financial evaluations to determine the final

ranking of each proposal.

Combined evaluation = (Technical Score x 0.7) + [ Lowest Bid ] x 0.3

Evaluated bid

(The bid having highest score shall be declared successful based on above

formula)

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