Rfp Ettm Toll Plazas

7/29/2019 Rfp Ettm Toll Plazas

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GOVERNMENT OF PAKISTANMINISTRY OF COMMUNICATIONSNATIONAL HIGHWAY AUTHORITY

REQUEST FOR PROPOSAL (RFP)

FOR

OPERATION, MANAGEMENT AND

MAINTENANCE OF ETTM BASED TOLLPLAZAS AND COLLECTION OF TOLLREVENUE

ATS# Name of Toll plazas Put tick mark

on the relevantToll Plaza

1Iqbal Shaheed Toll Plaza (N-5)2 Sangjani Toll Plaza (N-5)

3 Mandra Toll Plaza (N-5)4 Terraki Toll Plaza (N-5)5 Jhelum Toll Plaza (N-5)6 Chenab (South) Toll Plaza (N-5)7 Khanbela Toll Plaza (N-5)8 Qutbal Toll Plaza (N-80)

F.Y. 2013-15

Date of Submission of Proposals : at 1100 hours on 02.10.2013Date of Opening of Technical Proposals : at 1200 hours on 02.10.2013


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NATIONAL HIGHWAY AUTHORITY(Operations Wing)

No. ( )/NHA/GM (Ops)/11/ Dated: - -

To: ALL ELIGIBLE BIDDERS

Subject: PROCUREMENT OF CONTRACT FOR THE OPERATION,MANAGEMENT AND MAINTENANCE OF ETTM BASED TOLLPLAZAS AND COLLECTION OF TOLL REVENUE AT

1. Iqbal Shaheed Toll Plaza (N-5)2. Sangjani Toll Plaza (N-5)3. Mandra Toll Plaza (N-5)4. Terraki Toll Plaza (N-5)5. Jhelum Toll Plaza (N-5)6. Chenab (South) Toll Plaza (N-5)7. Khanbela Toll Plaza (N-5)8. Qutbal Toll Plaza (N-80)

LETTER OF INVITATION (LOI).

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

The detailed description of the assignment and its objectives is given in theenclosed Request for Proposal (RFP).

1. General1.1 Bidding is open to only operator firms who have a valid Registration

with Pakistan Engineering Council as an Operator in category O-5& above and having work done minimum to the tune of Rs.100million in the period of last three years. Anyhow, as per EmployersPolicy all firms in default with NHA for late deposition of revenue, inlitigation or has shown poor performance on ETTM toll plazas will notbe eligible to participate in this bidding.

As per Employers Policy the operator firms registered with PEC invarious Operator Categories are eligible to operate maximum numberof toll plaza at a time as per following limit:

OperatorsCategory

Work limit (eligibility to operate maximum number of tollplazas at a time

Million Rs. Net guaranteedrevenue per annum

Max No. of toll plazas to beawarded

O-A No limit

O-B 500 10

O-1 400 07O-2 400 05

O-3 300 03

O-4 300 02


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O-5 200 02

1.2 The bidder shall bear all costs associated with the preparation andsubmission of its bid and the Employer shall not be responsible orliable for any such costs in any event whatsoever, regardless of theconduct or outcome of the bidding process. You must fully inform

yourself of local conditions and all factors related to subject serviceswhatsoever and take them in to account in preparing your proposal.

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

The Employer is not bound to accept any or all of the proposalssubmitted and reserves the right to reject any or all proposals asper PPRA Rules.

2. Documents Comprising the Bid

2.1 In addition to the Invitation for Bids, the Bidding Documents arethose stated below, and should be read in conjunction with anyAddendum issued under Clause 2.4.

I. Conditions of Contract: Articles I to XIII.II. Letter of Acceptance.

III. Addendum to the Request for Proposal (RFP), if any.IV. Letter of Invitation (LOI).V.

Bid Data Sheet.VI. Bid Form.

VII. Technical Proposal Forms.VIII. Financial Proposal Forms.

IX. Scope of Services.X. Appendices & Sample Forms.

2.2 The bidders are required to examine carefully the contents of all theabove documents. Failure to comply with the requirements of bidsubmission will be at the bidders own risk. Pursuant to Clause 11,bids which are not substantially responsive to the requirements of

the Bidding Documents will be rejected.

Clarifications

2.3 A prospective bidder requiring any clarification(s) in respect ofthe Bidding Documents may notify the Employer in writing or by faxat the address:

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

Phone: +92-51-9032606, Fax: +92-51-9261611

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


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and if deemed reasonable, at its sole discretion, may issue aclarification/amendment of the Bidding Documents before the date ofsubmission of Bids (without identifying the source of enquiry) to allprospective bidders who have purchased the Bidding Documents.

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 aclarification requested by a prospective bidder, modify the BiddingDocuments by issuing an addendum.

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

2.6 To accord prospective bidders reasonable time in which to take anaddendum into account in preparing their bids, the Employer may atits discretion extend the deadline for submission of bids.

3. Bid Validity

3.1 Bids / proposals shall remain valid for the period of One Hundred andEighty Two (182) days after the date of bid opening.

3.2 In exceptional circumstances prior to expiry of original bid validityperiod, the Employer may request the bidders to extend theperiod of validity for a specified additional period which shall in nocase be more than the original bid validity period. The request and theresponses thereto shall be made in writing. A bidder may refuse therequest without forfeiture of his Bid Security. A bidder agreeing to the

request will be required to extend the validity of his Bid Security forthe period of the extension.

4. Bid Security

4.1 Each bidder shall furnish with the Technical Proposal, as part of hisbid, a Bid Security in an amount of Pak. Rupees as mentioned againsteach toll plaza detail below:-

S# Name of Toll plazaBid Security Amount

(Rs. In million)1 Iqbal Shaheed (N-5) 3.0

2 Sangjani (N-5) 10.0

3 Mandra (N-5) 8.0

4 Terraki (N-5) 6.0

5 Jhelum (N-5) 6.0

6 Chenab South (N-5) 4.0

7 Khanbela (N-5) 7.0

8 Qutbal N-80) 2.0

4.2 The Bid Security shall be, at the option of the bidder, in the form ofBank Draft or a Pay Order issued by a Scheduled Bank in Pakistan infavour of the Road Maintenance Account, National Highway Authority,Islamabad valid for a period twenty eight (28) days beyond the bidvalidity date.


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4.3 The Bid Security is required to protect the Employer against the riskof bidders conduct which would warrant the securitys forfeiture,pursuant to Sub-Clause 4.8 hereof.

4.4 Any bid not accompanied by an acceptable Bid Security shall be

rejected by the Employer forthwith as being non-responsive, pursuantto Clause 11.

4.5 Any amount of bid security which is lying with the Employer for anyprevious bidding processes shall not be considered for this bidding.

4.6 The bid security of all participating firms will be discharged/returnedas promptly as possible except for the top three top ranked bidders,which will be returned upon award of contract to the successfulbidder or on the expiry of validity of Bid Security whichever is earlier

subject to rights of parties under Clause 3.2.

4.7 The Bid Security of the successful bidder will be returned when thebidder has furnished the required Performance Security pursuant toClause 16 and signed the Contract Agreement, pursuant toClause 17.

4.8 The Bid Security may be forfeited:

(a) If a bidder withdraws his bid during the period of bid validity; or

(b) If a bidder does not accept the correction of his Bid Price,pursuant to Sub- Clause 11.2 hereof; or

(c) In the case of a successful bidder, if he fails to:

(i) Furnish the required Performance security in accordancewith Clause 16, or

(ii) Sign the Contract Agreement, in accordance with Clause17.

5. Format and Signing of Bid

5.1 Bidders are particularly directed that the O&M share entered on theForm of Bid shall be free from any costs or taxes associated with theperformance of the Contract strictly in accordance with the BiddingDocuments.

5.2 All Bid documents including Technical Proposal Forms, Bid Form,Financial Proposal Forms and Schedules to Bid are to be properlycompleted and signed/stamped by the bidders.

5.3 No alteration is to be made in the Form of Bid nor in the Schedulesthereto except in filling up the blanks as directed. If any alteration bemade or if these instructions be not fully complied with, the bid maybe rejected as being non-responsive.


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5.4 Each bidder shall prepare one (1) Original and two (02) Copies, of thedocuments comprising the bid as described in Clause 2 and clearlymark them ORIGINAL and COPY as appropriate. In the event ofdiscrepancy between them, the original shall prevail.

5.5 The original and all copies of the bid shall be typed or written inindelible ink and shall be signed by a person or persons dulyauthorized to sign them. This shall be indicated by submitting awritten Power of Attorney authorizing the signatory of the bidder to actfor and on behalf of the bidder. All pages of the bid shall be initialedand stamped by the person or persons signing the bid. Where thebidder is a company incorporated under the Companies Ordinance,1984 it shall provide a copy of (i) its Certificate of Incorporation, (ii) itslatest Form29, and (iii) a Board Resolution authorizing the signatoryto execute the original bid. In the event of the bidder being a

partnership, the bidder shall provide (i) a Certificate of Registration ofPartnership by the Registrar of Firms, and (ii) a list of names of all thepartners of the firm.

5.6 The bid shall contain no alterations, omissions or additions, except tocomply with instructions issued by the Employer, or as are necessaryto correct errors made by the bidder, in which case such correctionsshall be initialed by the person or persons signing the bid.

5.7 Bidders shall indicate in the space provided in the Form of Bid theirfull and proper addresses at which notices may be legally served on

them and to which all correspondence in connection with their bidsand the Contract is to be sent.

5.8 Bidders should retain a copy of the Bidding Documents as their filecopy.

6. PREPARATION/SUBMISSION OF BIDS6.1 It will consist of two parts:

Part-I Technical ProposalForms TF-1 to TF-6 (Enclosed)

Part-II Financial ProposalsBid Form and Forms FF-1 to FF-5 (Enclosed)

6.2 The bid shall comprise on a single package containing two separateenvelopes. Each envelope shall contain separately the financialproposal and the Technical proposal;

i. The envelopes shall be marked as FINANCIAL PROPOSAL andTECHNICAL PROPOSAL in bold and legible letters to avoidconfusion;

6.3 Each bidder shall submit his bid as under:-


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a. One (01) ORIGINAL and two (02) COPIES of the Bid shall beseparately sealed and put in separate sealed envelopes andmarked as such.

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

Sub-Clause 6.2 hereof.

6.4 The Bidder shall paste the Form duly filled in on the inner and outerenvelopes as given in Appendix-C including;

a. Be addressed to the Employer at the address given in Invitationfor Bid heretofore.

b. Bear the Toll Plaza name, Date of advertisement and Date ofopening of Bid.

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

6.5 The Bid shall be delivered in person or sent by registered mail at theaddress to Employer as given in Bid data sheet heretofore.

6.6 In addition to the identification required in Sub-Clause 6.4 hereof, theinner envelope shall indicate the name and address of the bidder toenable the bid to be returned unopened in case it is declared latepursuant to Clause 8.

6.7 If the outer envelope is not sealed and marked as above, the Employerwill assume no responsibility for the misplacement or prematureopening of the bid.

7. Deadline for Submission of Bids

7.1 Bids must be received by the Employer at the address specified in BidData Sheet not later than the time and date stipulated in the Bid DataSheet.

Bids with charges payable will not be accepted, nor will arrangements beundertaken to collect the bids from any delivery point. Bidders shall bearall expenses incurred in the preparation and delivery of bids, which shallnot be recompensed by the Employer in any circumstances

here delivery of a bid is by mail and the bidder wishes to receivean acknowledgment of receipt of such bid, he shall make a request forsuch acknowledgment in a separate letter attached to but not included inthe sealed bid package.

Upon request, acknowledgment of receipt of bids will be provided to those

making delivery in person or by messenger.

7.2 Bids submitted through telegraph, telex, fax or e-mail or by anymeans other than those specified hereinabove shall not be considered.


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(v) The Bid is valid till required period,(vi) The Bid prices are firm during currency of contract if it

is a fixed price bid,(vii) The Bidder is eligible to Bid,(viii) The Bid does not deviate from basic requirements

and

(ix) The Bids are generally in order.

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

(i) It is unsigned,(ii) Its validity is less than specified,(iii) It is submitted for incomplete scope of work,(iv) It indicates that Bid prices do not include the amount of

income tax, or Bid Price includes the advance tax.

c. A bid will not be considered, if;

(i) It is not accompanied with bid security,(ii) It is received after the deadline for submission of bids,(iii) It is submitted through fax, telex, telegram or email, or

any means other than those specified in clause 7.(iv) The bidder refuses to accept arithmetic corrections in its

bid,(v) It is materially and substantially different from the

Conditions/Specifications of the Bidding Documents.

11.2 If the Bidder does not accept the corrected amount of Bid, his Bid willbe rejected and his Bid Security forfeited.

11.3 Prior to the detailed evaluation, pursuant to Clause12 the Employerwill determine the substantial responsiveness of each Bid to theBidding Documents. For purpose of these Clauses, a substantiallyresponsive Bid is one which conforms to all the terms and conditionsof the Bidding Documents without material deviations. A materialdeviation or reservation is one:

a. Which affects in any way the scope, quality or performance of the

works?

b. Which limits in any substantial way, inconsistent with theBidding Documents, the Employers rights or the biddersobligations as under the Contract; or

c. Whose rectification/adoption would affect unfairly thecompetitive position of other bidders presenting substantiallyresponsive bids?

The Employers determination of a Bids responsiveness will be based

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

11.4 A Bid determined as substantially non-responsive will be rejected andcannot subsequently be made responsive by the Bidder by rectification


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of the non-conformity.

12. Detailed Evaluation of Bids

12.1 The Employer will evaluate and compare only the bids previously

determined to be substantially responsive pursuant to Clause 11 asper requirements given hereunder.

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

mentioned in Bid Data Sheet:

12.3 PART-A: Technical Evaluation

Criteria, sub criteria and point system for the evaluation of technical

proposals are:

Sr.No.

Description/Items Score

i. PEC certificate valid for year 2013 in operatorscategory (Minimum O-5)

a. PEC O-5 to O-4b. PEC O-3 to No limit

0510

ii. Financial position providing three (03) years companybank statement, chartered account audit reports

25

iii. Bidders experience specific/relevant to the requiredservices and current commitments/project in hand

10

iv. Bidders general experience and performance reports 10

v. Adequacy of Methodology for performing works

a Technical Approach & Methodology for O&M 20

b Technical Approach & Methodology forMaintenance

10

c Organizational setup & staffing plan 10

vi. Proposed staff and Qualification/Bio data of Key staff 05

Total Points (Maximum): 100

Note: (The minimum qualifying technical score for consideration offinancial proposal is 50).

12.5 PART-B: Financial Evaluation12.5.1 Financial Bids of all the technically qualified firms will be

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.


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12.5.2 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 O&M Share and major components of each proposal 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.

13. Award Criteria

13.1 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 lowest in the

financial proposal.

14. Employers Right to accept any Bid and to reject any or all Bids.14.1 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 anyliability to the affected bidders or any obligation to inform the affected

bidders of the grounds for the Employers 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.

14.2 No negotiations with the bidder having been ranked as highest

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

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

bid evaluation report.

15. Notification of Award

15.1 Prior to expiration of the period of bid validity prescribed by theEmployer, the Employer will notify the successful bidder in writingthrough a letter of acceptance (Letter of Acceptance) that his bid has

been accepted. This letter shall name the O&M share which theEmployer shall pay to the Bidder in consideration of the performanceof the services by the successful bidder as prescribed by the Contract


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(hereinafter and in the Conditions of Contract called the ContractPrice).

15.2 The Letter of Acceptance and its acceptance by the bidder willconstitute the formation of the Contract, binding the Employer andthe Bidder till signing of the formal Contract Agreement.

15.3 Upon furnishing the Performance Security by the successful bidder,the Employer will promptly notify the other bidders that their bidshave been unsuccessful and return their bid securities.

16. Toll Revenue Security and Performance Bond/Security

16.1 The successful bidder shall furnish to the Employer the Toll Revenueand Performance Bond/Security in the forms and the amountsstipulated in the Bid Data Sheet within a period of Fourteen (14) daysafter the receipt of Letter of Acceptance.

16.2 Failure of the successful bidder to comply with the requirementsof Sub-Clause 16.1 or Clause 17 or Clause 22 shall constitutesufficient grounds for the annulment of the award and forfeiture of theBid Security.

17. Signing of Contract Agreement

17.1 Within fourteen (14) days from the date of furnishing of acceptablePerformance Security, Toll Revenue Security and Advance Tax underthe Conditions of Contract, the Employer will send to the successful

bidder the Form of Contract Agreement provided in the BiddingDocuments, duly filled in and incorporating all agreements betweenthe parties for signing and return it to the Employer.

17.2 The formal Agreement between the Employer and the successfulbidder shall be executed within fourteen (14) days of the receipt ofsuch Form of Contract Agreement by the successful bidder from theEmployer.

18. One Bid per Bidder18.1 Each bidder shall submit only one bid either by himself, or as a

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

19. Bidder to Inform Himself19.1 The bidder is advised to obtain for himself at his own cost and

responsibility all information that may be necessary for preparing thebid and entering into a Contract for performing the subject services.

This shall include but not be limited to the following:

a. Inquiries on Pakistani Income Tax/Sales Tax/Surcharge or anyother Levy imposed by the Government of Pakistan to the


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Commissioner of the Income Tax and Sales Tax, IslamabadPakistan.

b. Withholding tax will be deducted from the Operation,Management Contractors (OMC) share as per applicable laws ofIncome Tax of the country.

c. All lanes or plazas to be manned/kept maintained andoperational the Electronic Traffic & Toll Management(ETTM) system 24 hours a day, 7 days a week and 365 daysa year. The maintenance and repair of ETTM system as perlaid out standards and specifications shall be theresponsibility of OMC.

d. Fog Lights shall be provided and put in operation for foggyweather to avoid accidents.

e. The running (POL) and maintenance (all type) of generatorinstalled at toll plazas shall be the responsibility of OMC.OMC will also be responsible for provision of stand-bygenerators at locations where NHA has not provided thesame to cope up with electric failures and to ensure properillumination of toll plaza to avoid any accident.

f. The maintenance and replacement of new batteries for theETTM system as backup support during electricity loadshedding shall be the responsibility of OMC.

g. The printing paper of Electronic Ticketing Machine shall beprovided and arranged by OMC at his own cost.

h. Payment of all Utilities bills (Electricity bill for street lights, tollplaza, Administration Block, Mosque, Sui gas bill, Watercharges etc) and other local bodies taxes shall be theresponsibility of OMC.

i. A complaint register shall be kept at each plaza to recordusers complaint if any. Information for this register shall bedisplayed at appropriate place on toll plaza.

j. All public facilities, equipment and resources shall be kept in

excellent operational condition all the times.

k. All the factors which may affect the revenue collection liketraffic trends, traffic mix, seasonal variations, mix ofcommuters, volume of exempted vehicles etc. shall betaken into account by the bidders while quoting their bid.However, any claim arising out of the circumstances beyondcontrol of the OMC/NHA and unforeseen will be processed

on case to case basis on individual merits of the case aftergetting verification from Regional GM, field staff of NHAand concerned District Authorities.


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m. The OMC will collect toll revenue and deposit it in the NHAsaccount as per cash declared by ETTM system. However, theOMC must achieve the following efficiencies against each tollplaza:-

S# Name of Toll plaza

Minimum Tolling

Efficiency1 Iqbal Shaheed (N-5) 97%

2 Sangjani (N-5) 92%

3 Mandra (N-5) 97%

4 Terraki (N-5) 97%

5 Jhelum (N-5) 97%

6 Chenab 97%

7 Khanbela (N-5) 97%

8 Qutbal N-80) 85%

Note:(The minimum traffic efficiency will be must to achieve andin case of less efficiency the difference of amount, will berecovered from the invoice of the operator or security

amount).

20. Due Diligence:

20.1 NHA reserves the right to carry out due diligence in sole discretionduring procurement, award and execution of the contract.

21. Local Conditions

21.1 Bidder must verify and supplement by his own investigations the allnecessary information about site, traffic volumes, local conditions,volume of exempted vehicles (legal & illegal) etc. for the purposes offilling and submitting his bid and entering into the contract.

22. Integrity Pact

22.1 The Bidder shall sign and stamp the Integrity Pact provided atAppendix-D to Bid in the Bidding Document for all FederalGovernment 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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I. BID DATA SHEET


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BID DATA SHEET

1. The name of the Assignment:Operation, Management and Maintenance of ETTM Based TollPlazas and collection of Toll Revenue

2. Name and address of the Employer:

ChairmanNational Highway Authority.27-Mauve Area, G-9/1Islamabad.

3. The names and addresses of the concerned authorized representativesof Employer are:

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

4. The Bidding Documents are:

I. Conditions of Contract: Articles I to XIII.II. Letter of Acceptance.III. Addendum to the Request for Proposal (RFP), if any.IV. Letter of Invitation (LOI).V. Bid Data Sheet.

VI. Bid Form.VII. Technical Proposal Forms.VIII. Financial Proposal Forms.IX. Scope of Services.X. Appendices & Sample Forms.

5. The number of copies of the Proposal required: One Original & Twocopies.

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

General Manager (Revenue)National Highway Authority

27- Mauve Area, G-9/1, Islamabad.Ph: 051-6032606, Fax: 051-9261611

7. Schedule of Pre-Bid Meeting: Date & Time: at 1100 hrs on 19.09.2013

Venue: Finance Wing

National Highway Authority27-Mauve Area, G-9/1Islamabad.


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8. The address for submission of Bids:

NHAs AuditoriumNational Highway Authority27-Mauve Area, G-9/1, Islamabad.

9. Deadline for submission of Proposals : at1100 hours on 02.10.2013(Technical &Financial)

Opening of Technical Proposals : at1200 hours on 02.10.2013

10. Bid Security :

S# Name of Toll plazaBid Security Amount

(Rs.in millions)

1 Iqbal Shaheed (N-5) 3.02 Sangjani (N-5) 10.0

3 Mandra (N-5) 8.0

4 Terraki (N-5) 6.0

5 Jhelum (N-5) 6.0

6 Chenab South (N-5) 4.0

7 Khanbela (N-5) 7.0

8 Qutbal N-80) 2.0

Form: Pay order/Demand Draft in favour of the RoadMaintenance Account, National Highway Authority,

Islamabad.

Validity: 28 days beyond the bid validity date.

11. Standard form and amount of Performance Security/Bondacceptable to the Employer as detailed in Clause 8.2:

S# Name of Toll plaza PerformanceSecurity/Bond

1 Iqbal Shaheed (N-5) Rs.2 million

2 Sangjani (N-5) Rs.3 million

3 Mandra (N-5) Rs.3 million

4 Terraki (N-5) Rs.3 million

5 Jhelum (N-5) Rs.3 million

6 Chenab South (N-5) Rs.2 million

7 Khanbela (N-5) Rs.3 million

8 Qutbal N-80) Rs.2 million


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12. Standard form and amount ofToll Revenue Security acceptable tothe Employer detail as under:

S# Name of Toll plazaAmount

(Rs. In millions)

1 Iqbal Shaheed 132 Sangjani 40

3 Mandra 34

4 Terraki 25

5 Jhelum 24

6 Chenab (South) 16

7 Khanbela 28

8 Qutbal 08

Form: Pay order/Demand Draft or Bank Guarantee in favour of

the Road Maintenance Account, National HighwayAuthority, Islamabad.

Validity: Until 84 days after expiry of the Contract.

13. Period of Completion

Till 30th June, 2015 from the date of commencement.


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TECHNICAL PROPOSAL FORMS


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TF-1BIDDERS INFORMATION AND PEC REGISTRATION

[The Bidder shall fill in this Form in accordance with the instructions indicatedbelow. No alterations to its format shall be permitted and no substitutionsshall be accepted.]

Date: [insert date (as day, month and year) of Bid Submission]

Page ________ of_ ______ pages

1. Bidders Legal Name [insert Bidders legal name]

2. In case of JV, legal name of each party: [insert legal name of each party inJV]

3. Bidders actual Country of Registration: [insert actual or intended Countryof Registration]

4. Bidders Year of Registration: [insert Bidders year of registration]

5. Bidders Legal Address in Country of Registration: [insert Bidders legaladdress in country of registration]

6. Bidders Authorized Representative Information

Name: [insert Authorized Representatives name with CNIC Number]

Address: [insert Authorized Representatives Address]

Telephone/Fax numbers: [insert Authorized Representativestelephone/fax numbers]

Email Address: [insert Authorized Representatives email address]

7. Attached are attested copies of original documents of: [check the box(es)of the attached original documents]

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

In case of JV, JV agreement duly notarized.

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

CNIC of the Owner, Directors and of each partner.

Registration Certificate with Pakistan Engineering Council.


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TF- 2BIDDERS REFERENCE

Relevant Services carried out in the Last Three YearsWhich Best Illustrate Qualification

Using in the format below, provide information on each referenceassignment for which your firm, either individually as a corporate entity oras one of the major companies within a consortium, was largely contracted.

Assignment Name: Country:

Location within Country: Professional Staffprovided by your Firm

(at additional sheet ifrequired):

Name of Client: No. of Staff:

Address: No. of Staff Months:

Start Date (Month/Year): CompletionDate(Month/Year):

Approx. Value ofServices (in Current Rs.)

Name of AssociatedFirm (s), if any:

No. of Months ofProfessional Staffprovided by AssociatedFirm(s):

Name of Senior Staff (Project Director/Coordinator, Team Leader) involvedand functions performed:

Narrative Description of Project

Description of Actual Services Provided by Your Staff

Firms Name: ________________________


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TF- 3

BIDDERS GENERAL SERVICES EXPERIENCE

A- General Experience Years

S.No.

Year Project Nature ofAssignment

Name ofClient

1-

2-

3-

4-

5-

B- Specific Experience of Operations & Management Services w.r.t. thesaid project.

Select and mention relevant projects from A here.

C- Two reference with Address and Telephone numbers

(1) _________________________________

_________________________________

__________________________________(2)

___________________________________

___________________________________

Following are qualified for this:

- 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 morethan 6 months.


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TF- 4TECHNICAL APPROACH & METHODOLOGY PROPOSED

FOR OPERATION AND MANAGEMENT OFETTM BASED TOLL PLAZAS

Please briefly describe here the approach on methodology plan for

performing the assignment along with the total man months trade wise &logistics details to be provided at the project-site keeping in view scope ofservices and general conditions along with a check list of items to beperformed and how these are planned to be performed from overall O & Mperspective for the ETTM System.

Appreciation of Assignment: List all tasks to be performed.

Methodology: How will the tasks be performed?

Work Plan: Given personnel strength Fits into the work plan ormethodology.


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TF- 4TECHNICAL APPROACH & METHODOLOGY PROPOSED

FOR PERFORMING THE MAINTENANCE OF NHA FACILITIES

Please briefly describe here the approach on methodology plan forperforming the assignment along with the total man months trade wise &

logistics details to be provided at the project-site keeping in view scope ofservices and general conditions along with a check list of items to beperformed and how these are planned to be performed from overallperspective for the ETTM System.

Appreciation of Assignment: List all tasks to be performed.

Methodology: How will the tasks be performed?

Work Plan: Given personnel strength Fits into the work plan ormethodology.


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TF-4ORGANIZATIONAL SETUP & STAFFING PLAN


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TF-5FINANCIAL POSITION OF THE FIRM

Audited Balance Sheets for the preceding 3 years shall be provided.


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TF- 6

PROPOSED STAFF


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TF-6

FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED KEY STAFF

Proposed Position: ________________________________________________________

Name of Firm: ____________________________________________________________

Name of Staff: ____________________________________________________________

Profession: _______________________________________________________________

Date of Birth: _____________________________________________________________

Years with Firm: __________________________________________________________

Nationality: _______________________________________________________________

Membership in Professional Societies:______________________________________(Membership of PEC is Mandatory)

9. Detailed Tasks Assigned on the Project: _____________________________

_____________________________________________________________________

10. Key Qualifications:[Give an outline of staff members experience and training most pertinent totasks on assignment. Describe degree of responsibility held by staff memberon relevant previous assignments and give dates and locations. Use up toone page].

11. Education[Summarize college/university and other specialized education of staffmember, 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, namesof employing organizations, title of positions held and location ofassignments. For experience in last ten years, also give types of activitiesperformed and Client references, where appropriate].

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


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14. Computer skills15. Trainings/Courses16. Assignment/Positions, completed/held with the Company17. CertificationI, the undersigned, certify that to the best of my knowledge and belief, thesebio-data correctly describe myself, my qualifications and my experience.

_______________________ Date: ___________________

Signature of Staff Member Day/Month/Year

Verified by:

___________________________Authorized official from the firm


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TF -6

COMPOSITION OF THE FULL TEAM PERSONNEL AND THE TASKS TOBE ASSIGNED TO EACH TEAM MEMBER WITH A BRIEF SETUP CHART FOR EACH PHASE OF SUBJECT

PROJECT1. Technical/Managerial/Admn Staff

Name PositionQualification

Experience(Period+Nature)

Tasks AssignmentPresently

where located

2. SHIFTSTAFF




where located

3. MAINTENANCE STAFF




where located


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II. BID FORM


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drawn in your favour or made payable to you and valid for aperiod for twenty eight (28) days beyond the period of validity of Bid.

3. We undertake, if our Bid is accepted, to provide the services inaccordance with terms and conditions as specified in the biddingdocuments.

4. If our Bid is accepted, we will promptly submit the PerformanceSecurity for the due performance of the Contract, in the amount and form asprescribed by the Employer in bidding documents.

5. We agree to remain committed to this Bid for a period of One Hundredand Eighty Two (182) days from the date fixed for Bid opening under Clause-3 of the LOI and it shall remain binding upon us and may be accepted atany time before the expiration of that period.

6. Until a formal Contract is prepared and executed, this Bid, togetherwith your written acceptance thereof and your notification of award shallconstitute a binding Contract between us.

7. We understand that you are not bound to accept the lowest or any bidyou may receive.

8. We do hereby declare that the Bid is made without any collusion,comparison of figures or arrangement with any other persons making a Bidfor the Services.

9. We confirm, if our Bid is accepted, that all partners of the joint

venture will be liable jointly and severally for the execution of the Contractand the composition or the constitution of the joint venture shall not bealtered without the prior consent of the Employer.

Dated this ________ day of Month________________ 20______

Signature_________________ in the capacity of __________________ dulyauthorized to sign bids for and on behalf of _______________________________

Address:_________________________________________

_______________________________________________________________

Witness:(Signature)_______________________________

(Name)____________________________________

Address:__________________________________________________________________

Occupation:______________________________________________________________


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III. FINANCIAL PROPOSAL FORMS


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FF -1

BREAKDOWN OF RATES FOR STAFF

Project:____________________________________Firm:__________________________

Position

Qualification

Basic

SalaryperCal.Month

SocialCharg

es(%ageof 1)

Overhead

(%ageof

1+2)

Sub-Total(1+2+

3)

Fee(%ageof 4)

Rateper

Monthfor

project

Office

FieldAllow.(%age

of1)

Rateper

Monthfor

FieldWork

(1) (2) (3) (4) (5) (6) (7) (8)

Notes:

Item No. 1 Basic salary shall include actual gross salary before deductionof taxes.

Item No. 2 Social charges shall include Clients contribution to socialsecurity, paid vacation, average sick leave and other standardbenefits paid by the company to the employee.

Item No. 3 Overhead shall include general administration cost, rent,clerical and junior professional staff and business gettingexpenses, etc.

Item No. 5 Fee shall include company profit and share of salary ofpartners and directors (if not billed individually for the project)or indicated in overhead costs of the Company.

Item No. 7 Normally payable only in case of field work under hard and

arduous conditions.

Note: The minimum percentage of item (1) should be preferably 50% of(8).

Full Name:______________________Signature:_______________________Title:___________________________


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FF- 2ESTIMATED SALARY COSTS/REMUNERATION

Sr. No. PositionMinimum

Qualification

Nos. Man-Months

MonthlyRemuneration

Rate

Total Estimated

Amount (Rs.)

A B=A*12 Rs. Rs.

1 Operations Manager BCS 1

2 Shift Supervisor BCS 1

3 Accountant B-Com 1

4Computer Operator BSc +

ComputerLiterate

1

5 Toll booth operators

BSc +ComputerLiterate

3+1(Per Lane)

6 GeneratorOperator/Electrician

DAE(Electrical)

3+1 (Per shift)

7 Security Guards Middle 3+1 (Per shift)

8

Total:

(to be carried to Form 5B)

Note:The above listed staff with respective qualification is minimum requirement of NHA. Anyhow, the OMC may addsome other staff as deemed appropriate.


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FF- 3DIRECT (NON-SALARY) COSTS

Sr.No

Head Unit Qty. Unit PriceTotal

AmountRemarks

1.

2.

3.

4.

5.

6.

7.

TOTAL:

(to be carried to Form 5B


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FF- 4COST OF OTHER O&M ACTIVITIES AS MENTIONED IN SCOPE OF

SERVICES

(LUMP SUM MONTHLY COSTS)

Sr.

No.Description Amount (Rs.)

1. Repair/Maintenance of TollPlaza, Buildings & Installations

2. Maintenance of approach lanes& Road Furniture

3.Provision/Maintenance of Stafftransportation, Boarding &lodging etc.

4.Cleaning Operations includingtrash/waste disposal

5.Running/Maintenance Costassociated with StandbyGenerator

6. Ancillary costs

7.Any other cost associated withScope of Work but notmentioned above.

(Please explain if used)

Total:

(to be carried to Form FF-5)


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FF- 5SUMMARY OF COST OF OMC

(All costs on monthly basis)

Sr.

No.Description Amount (Rs.)

2. Salary Cost/Remuneration(Form FF-2)

3.Direct (Non-Salary) Cost(Form FF-3)

4.Cost of other O&M activities asmentioned in SOS(Form FF-4)

5. OMCs Overhead and Profit

6.Any other cost to be incurred byOMC in performing this O & MContract

7.Grand Total (A)

(Per month)

8.Grand Total

for 24 months (A x 24)

Note:

The OMC shall not refer to these costs at any stage for amendments,concessions, claims, etc.


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IV. CONDITIONS OF CONTRACT:ARTICLES I TO XIII


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INSTITUTIONAL ARRANGEMENTS

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

Program Designer/ : General Manager (Concerned)/GM(Revenue)Employers Representative

Operation, Management&MaintenanceContractor (OMC) : The Contractor appointed, pursuant to

this Agreement for Operation,Management and Maintenance of tollplazas to undertake tasks assigned inScope of Services as a service

provider/operator.

THE EMPLOYERS ROLE AND OBJECTIVES

Responsible for taking all policy decisions and approvals of shortmedium and long term plans and implementation programs includingfinancial. Technical and institutional arrangements on quarterly, bi-annually, and annual basis.

THE PROGRAM DESIGNERS ROLE AND OBJECTIVES

To provide overall guidance to the OMC keeping within the policyframework approved by the Employer.

Responsible for establishment of necessary Technical and Financialcriteria and the operating systems to manage the toll plazas to anoptimal level and in most efficient and effective manner withinavailable resources.

SERVICE PROVIDERS ROLE AND OBJECTIVES

The Service Provider shall carry out all the works in line with theoverall policy of the Employer and in accordance with the agreedprograms, jointly developed with Program Designer.

The Service Providers Scope of Services related to various aspects ofthe contract is given in more detail in the Agreement and Appendices.

The service provider will carry out Operation, Management &Maintenance activities as planned and agreed with the ProgramDesigner. OMC shall prepare the detailed SOPs for the services to be

performed under this contract and get it approved from the competentauthority with in thirty (30) days of the effective date.


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Employers Representations, Warranties and Covenants

The NHA hereby represents and warrants to the OMC that as of the date ofthis Agreement:

a. It is duly created pursuant to the National Highway AuthorityAct, 1991 as amended and has complied fully with all applicableLaws of Pakistan in the grant of this Project;

b. The Project Site, falls within the jurisdiction of Employer andthat Employer is duly authorized under the Laws of Pakistan toenter into the Agreement with regard to the Project Site;

c. This Agreement has been duly authorized, executed anddelivered by it and constitutes the legal, valid and bindingobligation of Employer; and

d. The Employer has all necessary authority and power withregard to the Project and in respect of all other matters whichare the subject of this Agreement and has the right to transfersuch of those powers to OMC as may be required to uphold theterms and obligations of this Agreement.

Working Procedures

Objective of appointing OMC is broadly covering the following aspects ofOperations, Management and Maintenance of the ETTM toll plazas onNational Highway Network.

a. Collection of tolls at toll plazas on behalf of NHA and depositingthe same gross collection in the NHAs designated account onweekly basis, in designated banks as approved by the NHA.

b. Exercise administrative control of buildings, maintain and keepfunctional the ETTM system, backup UPS batteries, generatorand other assets of NHA including all equipment, street lights,mosque, washrooms/toilets, machinery, utilities, installations,

ancillary facilities within the Toll Plaza premises in a mannerconsistent with standards as set out under this agreement.

c. Nothing in this agreement shall be deemed constitute or implyany partnership, joint venture, agency, fiduciary relationship orother relationship between the Parties other than thecontractual relationship expressly provided for in thisagreement. Neither Party shall have, nor represent that it has,any authority to make any commitments on the other Partysbehalf.


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d. NHA team may visit the toll plaza premises time to time in orderto ensure the smooth running of the facility and to inspectwhether the terms and conditions of the agreement are beingfollowed or not.

ARTICLE I

PURPOSE OF AGREEMENT & DEFINITIONS

1.1 PURPOSE; INCORPORATION OF SCOPE OF SERVICES(a) The Scope of Services with this Agreement, sets forth the terms

and conditions for the provisions of operation, management andmaintenance services with respect to the toll plaza.

(b) All terms and provisions of the Scope of the Services areincorporated, the provisions specifically set forth in thisAgreement and those set forth in the Scope of Services shall beconstrued to supplement each other, so as to give effect and

meaning to all terms and provisions. If there is conflict betweenany term of the Scope of Service and terms specifically set forthherein then, unless otherwise specifically provided herein or inthe Scope of Services, the terms of this Agreement shall prevailand take precedence over the terms of the Scope of Services tothe extent necessary to resolve such conflict.

1.2 DEFINITIONSAll capitalized terms used herein shall have the meanings assigned tothem in Appendix A, as supplemented and modified by the Scope ofServices to the extent there is no conflict. Any capitalized terms usedherein and not defined in Appendix A shall have the meaningsassigned to them herein.

ARTICLE II

GENERAL

2.1 SCOPE OF SERVICES2.1.1 Except as otherwise provided in Paragraph 2.4 or elsewhere in this

Agreement throughout the Term of this Agreement (as herein defined).

OMC shall Operate, Manage & Maintain the toll plaza and alliedfacilities. Additionally OMC shall provide all management,supervision, labour, materials, and administrative support necessaryto perform the Services described in the Scope of Services (hereinafterreferred to as Services), all in accordance with the criteria set forthin the provisions of this Agreement including allschedules/appendices.

2.1.2The scope of the Project and the obligations of OMC shall include butnot be limited to the following:-

a. Provision of operation, management, supervision, administrativeand maintenance services with regard to the toll plaza, allied


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facilities and collection / deposition of toll revenue as per cashdeclared by ETTM system but ensuring the minimum trafficefficiency as mentioned in the LOI. Gross toll revenue collectedshall be deposited in NHAs designated bank on weekly basis.

b. Toll collection will be carried out in three shifts each of eighthours.

c. Every shift will be closed in ETTM system within three hours ofits completion.

d. Supply of labour, materials, equipments and other resourcesnecessary for the performance of the above Services;

e. Performance of the Services in a manner that will promoteharmony and accord between OMC and other contractorsrendering various services on the Project Site;

f. Cooperation with the NHA and any authorized person(s) orentity acting on NHAs behalf, with regard to the transfer of theProject Site to the NHA or any person(s) or entity nominated bythe NHA upon expiry or early termination of this Agreement;

g. Provision of first aid to affectees at a scene of accident on theProject Site;

h. OMC will carry out all the repair/maintenance works pertainingto the toll plaza likely but not limited to Lane area andapproaches pavements, building, electrical installations,generators, canopy lights, canopy, toll booths, road lights, Airconditioners, ETTM equipments, UPS, batteries etc handed overto the OMC for performing the services;

i. In case of damage to NHA assets due to some accident or anyuntoward situation, OMC shall be responsible for bearing all thecosts pertaining to the repair of assets and bringing it into theexcellent condition for operations also including ETTMequipments;

j. Payment of all utilities and all other expenditure incurred inproviding Services pursuant to this Agreement;

k. Compliance with all instructions and directions of NHA, asprovided from time to time; and

l. Compliance with all the provisions of this Agreement.

m. OMC will ensure 24/7 uninterrupted power supply to keep theETTM system operational either through WAPDA or standbygenerators/UPS. The maintenance and repair of ETTM system


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as per laid out standards and specifications shall be theresponsibility of OMC.

n. OMC will ensure in-time closure of shifts in the ETTM system.o. Canopy lights, road lights fixed on entry/exit ramps will be

repaired and made operational by the OMC upon taking overand shall be maintained in operational condition all the time.OMC shall replace the furniture/fixtures rated as damagedupon taking over.

2.1.3 In carrying out its obligations, OMC represents and covenants that:

a. The Project Site and ETTM system installed in all its lanes willbe operated non-stop for twenty four (24) hours a daythroughout the contract period;

b. OMC shall, within 14 days from the date of commencement,provide the Employer with a list of names and details of itsentire staff in the form set out in Appendix B. The OMC shallprovide revised lists in the event of any change;

c. All staff members and employees of OMC deputed to andworking at the Project Site shall have such minimumeducational qualifications as specified in Form 2 B and shallhave received security clearance from such police station asmay fall within the local limits of their permanent address. TheOMC shall cause all such staff members and employees to beregistered at the police station within the local limits of theProject Site.

d. No person other than the list provided to NHA shall be allowedto 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 theassets and personnel any time;

f. OMC is bound to immediately remove any un-authorized personat the directions of NHA;g. All employees deputed by OMC at the Project Site shall at all

times be in proper uniform as approved by the NHA;

h. Work timings for the Project Site staff shall be eight (08)hour/shift;

i. Majority of the Project Site staff may be employed from thesurrounding areas of its locality;


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j. At least 25% of the staff on toll plaza in the vicinity of majorcities shall consist of female gender during day-time shifts;

k. The Project Site along with its equipment and structure shall bekept and maintained in good and clean condition at all times;

l. Suitable and well-organized security arrangements shall beprovided at the Project Site and its surrounding area for thesafety of NHA assets and commuters;

m. There are no proceedings pending or threatened for theliquidation of OMC or that could materially or adversely affectthe performance by OMC of its obligations under thisAgreement;

n. This Agreement has been duly authorized, executed anddelivered by it and constitutes the irrevocable, legal, valid and

binding obligation of it.

o. That no attempt of tempering with ETTM system like blockingthe sensors, placing any metal object on loops etc will be made.

p. Standby generators will be maintained as per following:-Replacementi. Mobil Oil (Delo Gold 15W40) Every 250 Hours.ii. Oil Filter (Cummins) Every 250 Hours.iii.Fuel Filter (Cummins) Every 250 Hours.iv.Radiator Coolant Every 250 Hours.v. Air Filter (Cummins) Every 1000 Hours.vi.Batteries As required.General Service Immediate after

taking over and afterevery 5000 Hrs.

q. That close liaison with the WAPDA authorizes will bemaintained and persisted during currency of contract to

precisely know about schedule of load shedding, if any.

r. That support staff deputed on toll plaza will be given free andunhindered access in lanes, toll booths and control room roundthe clock.

s. All incidents generated in the system due to some discrepancyshall be accurately and diligently cleared by OMC staff.

2.2 COOPERATION WITH OTHER CONTRACTORSa.

From time to time during the Term, NHA may award or executeother contracts relating to its ownership, operation ormaintenance of the facilities on other roadways that are not


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included within the plaza. OMC Shall fully cooperate with theNHA and the parties to such other contracts, shall adjustscheduling to the extent reasonably possible; and shalldiligently endeavor to perform its Services in a manner that willpromote integration, synergism and efficiency.

b. Among OMC, NHA and the other contractors. OMC shall notcommit nor permit any action on the part of its employees oragents that might unreasonably interfere with the performanceof work by any other contractor of NHA.

2.3 SERVICES PERFORMED WITHIN PLAZA(a) The Services to be performed by OMC shall be performed solely

within or with respect to the Plaza as defined in subparagraph(b). OMC shall have no rights or obligations to perform any workor Services outside the geographical limits of the Plaza.

(b) For purposes of this Agreement, the term Plaza shall meanand include the toll plaza structures, buildings, toll collectionbooths, entrance and exit ramps providing access to and fromthe Roadways.

2.4 TERMINATION FOR CONVENIENCE OF NHA(a) NHA shall have the right at any time and from time to time

during the Term, and for any reason whatsoever in NHAs solediscretion, to terminate this Contract Agreement. NHA mayexercise its right of Termination for Convenience by furnishingto OMC written notice of its election to do so 30 days prior tothe effective date.

(b) In no event shall Termination for Convenience be deemed adefault by NHA under this Contract Agreement.

(c) In the event of a termination of convenience by the Employer,the Employer shall pay to the OMC a Termination Fee, whichshall be equivalent to the 5% of the O&M Expenditure for thebalance contract period of that specific year.

2.5 OWNERSHIP OF DOCUMENTS, INVENTIONS AND COPYRIGHTSNHA is and shall remain the sole owner of all rights (includingcopyrights, trademarks, patent rights and other intellectual propertyrights) with regard to the SOP Manual (as herein defined), the systemand all plans, documents, software, data and items developed in theperformance of this agreement. Information generated in connectionwith this Agreement shall be the property of NHA. OMC shall nottransfer, disclose or otherwise use such information for any purposeother than in performance of its duties hereunder without NHAs priorwritten consent.


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2.6 APPLICABLE LAWS AND REGULATIONSOMC shall perform services incompliance with the standards andrequirements set forth in this agreement, applicable laws, rulesstatues, regulations, good business practices and Laws of IslamicRepublic of Pakistan.

ARTICLE III

PERFORMANCE INDICATORS AND PENALTIES

3.1 TERM OF AGREEMENTThe term of this Agreement (the Term) shall end on 30th June 2015measured from the Effective Date.

3.2 EFFECTIVE DATEThe Effective Date shall be the date upon which OMC shall, upon

instructions of the Employer, commence performing the services ofcollection of toll on the specified toll plaza awarded to OMC aftersigning of the Contract Agreement.

3.3 TOLL LOCATION

The location of toll plaza is ____________ on National Highway (N-____).

3.4 REVENUE SHARE

The OMC will deposit revenue as per cash declared by ETTM system;

however, minimum traffic efficiency given in the Clause 9.1 (m) of LOIshall have to be guaranteed by OMC. Revenue sharing would be asper following percentage:-

NHAs share in percentage term = ___________________%

OMCs share in percentage term = ___________________%

3.5 TOLL EFFICIENCY

100% toll revenue as per cash declared by ETTM will be deposited in

the NHA account, however, minimum traffic efficiency as per table atpara 9.1 (m) LOI is to be guaranteed. Any shortfall in revenue due toless toll amount will be recovered from the due payment of share orAdvance Security of OMC.

3.6 OPERATIONS, MANAGEMENT AND MAINTENANCE COSTS

In any case, all the costs related to performing the services as perconditions stipulated in this agreement likely but not limited to utilitycharges, maintenance of toll plaza/ETTM equipment,running/maintenance of standby generator, payment of all relevanttaxes, salaries and other applicable benefits of the staff, operationalexpenses including office stationery, thermal printer rolls, printer


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cartridges, conveyance and accommodation, etc. shall be borne solelyby OMC and without any recourse to the Employer.

3.7 Toll Rates

3.7.1 OMC shall ensure that the approved toll rates are charged without asingle violation throughout the year. The toll rates on NationalHighways are given as under:

Class Vehicle Category

Rates onNationalHighways

(Per Crossing)(Rs.)

1Car/Jeep/Land Cruiser/Pajero/ and all typesof Suzuki van/pick-up, Tractor without Trolleyand equivalent.

25/-

2

Wagon upto 24 seats, Pick-up-all typesmodified to carry passengers (Toyota Hiluxsingle/double cabin), Milk truck M-3000,Coaster and Mini Bus built on T-3500 MazdaChassis (upto 24 seats) and MiniTruck/Tanker built on T-3500 Mazda Chassis.

35/-

3 Buses/Coaches with more than 25 seats 75/-

4 2/3 Axle Trucks / Tractor with Trolley 90/-

5 4/5/6-Axle Articulated Trucks 175/-

3.7.2 If toll rates are enhanced by NHA during the currency of contract,then the OMC shall act accordingly.

3.8 PERFORMANCE INDICATOR

The following performance indicators are being established, in whichthe performance of OMC shall be monitored by NHA:

3.8.1 Toll Operations

General

(1) 24 hours a day, 365 days a year, round the clock ETTM systemshall be kept operational, all toll booths shall be manned & toll

lanes shall be kept operational. No lane(s) shall be closed formore than two (02) hours in twenty four (24) hours, provided


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that prior information is given to NHA for necessary repairs, ifneeded to be carried out.

(2) Well trained and qualified staff will be provided for performingthe services.

(3) All shifts will be closed in ETTM system promptly uponcompletion.

(4) All incidents generated in ETTM system will be accurately andpromptly cleared by the OMC staff.

(5) Standby Generator/UPS along with batteries will be maintainedand provided as described in scope of Services.

(6) Prevailing Toll Rates of NHA shall be prominently displayed atthe toll plaza for convenience of commuters.

(7) Only toll collection staff & security staff shall be allowed at tollcollection booths, no other person should be seen with in tollbooths.

(8) No guests shall be allowed to meet the toll collection staff at siteduring operations.

(9) Healthy and safe working environment shall be ensured in andaround the toll booths, toll lanes and toll plaza offices.

(10) All staff on duty shall wear the uniform duly approved by NHA.(11) The name, CNIC numbers of toll booth operator and contact

numbers of key administrative staff of OMC and NHA officerswill be displayed on the toll booth for public information duringduty hours.

(12) All facilities of NHA shall be kept in tidy condition all the times.(13) Courteous behavior will be maintained with commuters.

Commuters shall be properly greeted upon approaching andleaving the toll booth.

(14) Insurance coverage as required under this agreement shall beproperly maintained by the OMC against any loss exceptexclusions.


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(15) Commuters will be provided with the services like drinkingwater in disposable glasses, neat and well maintained washrooms, ablution, prayer place and first aid.

(16) Canopy lights, Road Lights fixed on entry/exit ramps will berepaired and made operational by the OMC upon taking overand shall be maintained in operational condition all the times.

(17) Safety measures will be ensured in case of fog and in hours oflow visibility.

(18) Energy conservation policy of Government of Pakistan asconveyed from time to time will be followed in true spirit.

(19) Gross toll revenue collection will be deposited in exact amountin the NHAs designated bank account on weekly basis.

3.8.2 ASSET INVENTORY

The OMC and NHA shall jointly develop detailed asset inventory andits current value and condition. OMC will adjust value of asset withevery improvement or further additions to the asset. OMC shallreplace the furniture/fixtures rated as damaged upon taking over.OMC shall operate and manage the toll plaza and administrativecontrol buildings and other assets of NHA with an objective ofincreasing the asset value or, at minimum, conserving the asset at itsvalue of the 1st year of operations, after improvement in future years.

3.8.3 MANAGEMENT OF TOLL PLAZA

OMC shall ensure:

a. The management, operational & security staff to be available atsite at all times throughout the year.

b. Preparations, updating and keeping of documentations/recordand operating strictly in accordance with the conditionscontained herein.

3.8.4 MAINTENANCE:

a. The OMC shall maintain toll plaza, including toll booths,canopy, lane areas, barriers, boom arms, entry and exit ramps,toll plaza buildings, toll operation offices & its premises/ETTMequipments, all electrical, plumbing, water supply, road lights,canopy lights, sign boards etc. round the year in clean and tidycondition as per standards defined in Scope of Services.

b. The OMC shall beautify the premises by landscaping &

maintain such beautification throughout the year ensuringhealthy environment.


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3.9 PENALTIES:

Failure of OMC to comply with the requirement as indicated in theScope of Services and Article III of Contract Agreement moreparticularly as per established performance indicators shall make himliable to the penalties as stated below:

i. Upon recording of any event of tempering in any form withETTM sensors/equipment, it will be treated as non-curableevent.

ii. For non performance with respect to any of the performanceindicators as set out above and service levels defined in Scope ofServices, the OMC shall be fined Rs.100,000/- per occurrenceand a black dot will be recorded at every curable event.

iii. If the toll revenue is not deposited in NHAs designated account

by 1st week of current month, one black dot with each day ofdelay will be awarded and the following penalty mechanismshall become applicable and effective automatically:-

S# Monthly installment Amount(Net)

Amount of Penalty

1 Upto Rs.0.50 million Rs.3,000 per day

2 Rs.0.51 million to Rs.10.00 million Rs.6,000 per day

3 Rs.10.01 million to Rs.15.00million

Rs.8,500 per day

4 Rs.15.01 million to Rs.20.00million Rs.11,000 per day


Rs.17,000 per day


Rs.23,000 per day

7 Rs.40.01 million & above Rs.25,000 per day

After the 14th day of delay (excluding 1st week) i.e 21st of currentmonth, contract shall become liable to terminate under defaultof OMC.

iv. In case the monthly amount deposited by the OMC is less thanthe minimum guaranteed monthly traffic efficiency than thedifference will immediately be recovered from the toll revenuesecurity without any notice. In such case OMC will stand liablefor deposition of amount in lieu of shortfall to the toll revenuesecurity to maintain it at optimum level by 5th of next monthpositively. In case of failure to do so, five black dots will beawarded.

v. In case of overcharging by OMC a penalty of Rs.100,000/- peroccurrence shall be imposed and five black dots will beimposed by NHA.


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vi. If the shift is not closed within three hours of completion, apenalty of Rs.50,000/- will be imposed and a black dot will alsobe recorded.

3.10 CAPITAL EXPENDITURE

All capital expenditure required for effecting necessary improvementsto the toll plaza infrastructure and allied facilities except as providedherein shall be borne by NHA as highlighted by the OMC whilepreparing the inventory of NHA assets.

ARTICLE IV

REMOVAL/RE-ASSIGNMENT4.1 REMOVAL

Promptly upon instructions to such effect from NHA, the OMC shall

remove from activities associated with or related to the performance ofthis Agreement any employee whom NHA considers (for any reasonwhatsoever and in NHAs sole discretion) unsuitable for such work.Such employee shall not be reassigned to perform any work relating tothe Services except with the express written consent of the NHA. Nocompensation in any form shall be paid to OMC by the NHA inconsideration for the right of removal described in this paragraph or inconsideration of an exercise thereof.

4.2 RE-ASSIGNMENT

OMC shall structure its relationship and procedures with itsemployees so that the employees may be assigned to, reassigned ortransferred from one toll collection location to any other locationwithout impediment.

4.3 DRUG-FREE WORKPLACE REQUIREMENTS

Throughout the Term, OMC shall provide a drug-free workplace(within Toll plaza) by establishing a drug-free workplace and programin compliance with NHA policy.

4.4 COMPLIANCE WITH WORKPLACE & LABOUR LAWS

(a) Throughout the Term, while performing under this Agreement,the OMC, its agents and employees shall observe and fullycomply with all laws, ordinance and regulations that may be inforce and effect from time to time hereafter and in particular allapplicable labour laws.

(b) It is hereby acknowledged that the OMCs employees and agentsand subcontractors, shall at all times remain its employees,agents and subcontractors, as the case may be, and are notemployees, agents or subcontractors of NHA and that OMC will


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not be acting as NHAs agent or on its behalf for purposes forcomplying with laws and regulations pertaining to workplacesafety, labor and employment.

4.5 MANDATORY EQUAL EMPLOYMENT OPPORTUNITY

(a) On or Ten (10) days after the Effective Date, OMC shall submitto NHA for its review and approval, OMCs proposed equalemployment opportunity policy and as per the existing rules ofOMCs Organization.

(b) OMC shall designate a liaison officer who will administer andoversee the program adopted by OMC in accordance withsubparagraph (a) and shall keep complete and accurate recordsof all procedures and decisions relating to hiring of individuals.

(c) OMC shall submit details of all employees on quarterly basis tothe programme designer for evaluation of clause 4.5

implementation.

(d) 25% of the staff on toll plaza in the vicinity of major cities mayconsist of female gender during day time shifts.

(e) OMC shall follow the Minimum Wage Rate Policy of Governmentof Pakistan during the currency of contract as amended fromtime to time. In this regard, NHA shall not bear any liability.

4.6 NOTIFICATION OF CONVICTION OF CRIMES

OMC shall notify the NHA of disciplinary action taken against itsemployees, if convicted of any crime, according to the rules andregulations.

ARTICLE V

ASSIGNMENTS OF AGREEMENT; SUBCONTRACTS

5.1 ASSIGNMENTS RIGHTS AND LIMITATIONS(a) NHA has selected OMC to perform the Services based upon

characteristics and qualifications personal to the OMC and its

employees. Therefore, OMC may not assign, delegate orsubcontract its rights or obligations under this Agreement. Anyattempt by OMC to assign or subcontract any performance ofthis Agreement without such consent shall be null and void andshall, at NHAs option, constitute a default under thisAgreement.

ARTICLE VIDEPOSIT OF TOLL RECEIPTS/PAYMENTS

6.1 TERMS FOR DEPOSIT OF TOLL RECEIPTS


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The OMC shall deposit the gross toll revenue declared as per ETTMsystem to NHAs designated account on weekly basis under thisagreement.

6.2 CURRENCIES OF DEPOSIT/PAYMENTAll deposits due under the contract shall be made in Pakistani rupees.

6.3 PAKISTAN TAX LIABILITIESAll taxes including Income Tax/Sales Tax/Surcharge or any otherLevy imposed by the Government of Pakistan shall be paid by theOMC according to prevailing laws of income tax in Pakistan during thecurrency of contract. All personnel and corporate taxes will be paid bythe OMC or his personnel.

6.4 PAYMENTSOMC will submit its invoice on monthly basis to the office of GMRegion for its claim pertaining to service charges in shape of OMCrevenue share. All payments due to OMC will be paid by NHA within42 days of receipt of Invoice after making any adjustment under theprovisions of this contract agreement and for any shortage of revenueagainst minimum guaranteed traffic efficiency. In the event of failureof the NHA to make payment within the stipulated time, OMC mayclaim interest at the prevailing commercial rate accrued on paymentcertificate.

ARTICLE VIIINDEMNIFICATION AND LIABILITY

7.1 OPERATION & MANAGEMENT CONTRACTORs RESPONSIBILITIES

a. OMC shall take all reasonable precautions in the performance ofthe services and shall cause its employees to do the same. OMCshall be solely responsible for the safety of, and shall provideprotection to prevent damage, injury or loss to:

(i) All employees of OMC and other persons who are on orabout the Plazas or would reasonably be expected to beaffected by the performance of the services;

(ii) Other property of OMC and its employees and officers andall other persons for whom OMC may be legally orcontractually responsible or adjacent to the Plazas orother areas upon which services are performed;

(iii) Members of the public who may be traveling through theplazas and their vehicles, assets and personality.

b. OMC shall comply and cause its employees and officers and allother persons for whom OMC may be legally or contractuallyresponsible, with applicable laws, ordinances, rules, regulations


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and orders of public authorities relating to the safety of personsand property and their protection from damage, injury or loss.

c. OMC shall be responsible for all damage and loss that mayoccur with respect to any and all property located on or aboutthe Plazas or in any way involved in the provision of services byOMC, whether such property is owned by OMC, NHA or broughtabout by the acts or omission of OMC or its employees orofficers or any other persons for whom OMC may be legally orcontractually responsible.

d. OMC shall ensure that all of its activities and the activities of itsemployees and officers and all other persons for whom OMCmay be legally or contractually responsible are undertaken in amanner that will minimize the effect on surrounding propertyand the public.

7.2 INDEMNIFICATIONS BY OMC.

a. OMC shall defend, indemnify and hold harmless NHA and eachof the individuals that is now (or may in the future become) amember of NHA successors and assigns, and the officers,directors, agents, consultants and employees of any of theforegoing (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, withoutlimitation, attorneys and experts witness fees and costs that

may be incurred in connection with the enforcement of thisparagraph) arising out of, relating to or resulting from:

i. The performance by OMC (or its employees, officers or anyother persons for whom OMC may be contractually orlegally responsible) of the services or other duties orobligations set forth in this agreement or the failure toperform the services in the manner herein required;

ii. The failure of OMC (or its employees or officers or any

other persons for whom OMC may be contractually orlegally responsible) to comply with any applicable law,rule, ordinance, regulation or statue in performing theservices or other duties or obligations set forth in thisagreement.

ii. Any alleged patent or copyright infringement or otherallegedly improper appropriation or use of trade secrets,patents, proprietary information, know-how, copyrightrights or inventions in performance of the services orother duties or obligations set forth in this agreement;


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iii. Any act or omission of OMC (or its employees or officersor any other persons for whom OMC may be contractuallyor legally responsible), including, but not limited to, anyact or omission that may cause, result in, or contribute tothe injury to or death of persons, or the damage to or lossof property;

iv. Any shortage of tolls collected in accordance with and tothe extent provided in section 8.3, and any robbery, theftor conversion of collected toll funds by employees of OMC,or arising out of the negligence of OMC.

v. The assertion by any OMC or other person thatinconvenience, disruption, delay or loss has been causeall or in part by actions or interference of OMC (or itsemployees, officers or any other persons for whom OMCmay be contractually or legally responsible) to cooperate

reasonably with such contractors, subcontractors, orother persons.

b. Except to the extent permitted by law, the provisions of thisParagraph 8.2 shall not inure to the benefit of an Indemnifiedparty so as to impose liability on OMC for matters caused by thenegligence of NHA, or so as to relieve NHA of liability for theconsequences of its own negligence or the negligence of itsemployees, officers or any other persons for whom the NHA maybe contractually or legally responsible.

c. If any claim shall be filed by an employee of OMC (or anyone forwhose acts they may be liable), the indemnification provisionsset forth in this Paragraph 8.2 shall not be limited, as to theamount or type of damages, compensation or benefits payableby or for OMC or otherwise, under the terms of or as aconsequence of any workers compensation, as per the existingrules of OMC.

7.3 NO EFFECT ON OTHER RIGHTS

The foregoing obligations shall not be construed to negate, abridge, orreduce other rights or obligations that otherwise would exist in favorof a party indemnified hereunder.

ARTICLE VIII

SECURITIES AND INSURANCES

8.1 ISSUES OF SECURITIES AND INSURANCEOMC shall arrange securities and insurances acceptable to NHA asdescribed herein and shall maintain such securities and insurance in

full force and effect throughout the Term in the manner specifiedherein.


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8.2 PERFORMANCE SECURITY/BOND

Within a period of Fourteen (14) days after the receipt of letter ofacceptance, OMC shall deliver to NHA a performance security in shapeof (Pay Order / Demand Draft) / Performance Bond / PerformanceBank Guarantee in the format set out in Sample Form-PS given atthe end of RFP or Insurance Performance Bond from a companieslisted on NHA Penal give in Clause 8.5 for the performance of OMCagainst the provisions of this Agreement.

S# Name of Toll plazaPerformance

Security/Bond

1 Iqbal Shaheed (N-5) Rs.2 million

2 Sangjani (N-5) Rs.3 million

3 Mandra (N-5) Rs.3 million

4 Terraki (N-5) Rs.3 million

5 Jhelum (N-5) Rs.3 million

6 Chenab South (N-5) Rs.2 million7 Khanbela (N-5) Rs.3 million

8 Qutbal N-80) Rs.2 million

NHA may apply any or all of such security to reimburse it for damagescaused by any defaults of OMC under this Agreement or to remedyany Event of Default. If OMC is not in default at the expiration ortermination of this Agreement, NHA will authorize the release andreturn of the performance security to OMC after 84 days of expiry ofcontract subject to any adjustment due under clause 3.8 & 3.9

Article-III of Conditions of Contract.

8.3 TOLL REVENUE SECURITY

As security for monthly toll revenue deposits, the OMC shall furnishto NHA, within a period of Fourteen (14) days after the receipt of Letterof Acceptance, a cash security in the shape of Pay Order/ DemandDraft / Bank Guarantee in the format set out in sample form PS(given at the end of RFP) in an amount equivalent to Net GuaranteedRevenue for one month toll plaza wise as under:-

S# Name of Toll plaza Amount(Rs. In millions)

1 Iqbal Shaheed 13

2 Sangjani 40

3 Mandra 34

4 Terraki 25

5 Jhelum 24

6 Chenab (South) 16

7 Khanbela 28

8 Qutbal 08

in the name of Road Maintenance Account, National HighwayAuthority, Islamabad to indemnify NHA against any loss resulting


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from OMCs failure to fulfill the requirements of providing precise andprompt revenue deposits. NHA shall authorize release of the TollRevenue Security after 84 days of expiry of contract if all worksperformed was in compliance with the terms and conditions of theAgreement subject to any adjustment due under clause 3.8, Article-IIIof Conditions of Contract.

8.4 ADDITIONAL REQUIREMENTS

Performance security executed by an agent or an attorney-in-fact forthe corporate surety shall include a power of attorney to the signatoryagent or the attorney-in-fact, executed by the corporate surety with adate reasonably proximate to the date of the security. By itssubmission of its security(s), the dispute resolution procedures setforth herein. These undertakings shall be expressly acknowledged inthe security.

8.5 FORMS OF INSURANCE COVERAGE AND MINIMUM LIMITSOMC shall maintain insurance policies throughout the Term with thefollowing coverage and minimum limits:

a. The OMC shall obtain and maintain during the currency ofcontract, insurance for all assets of Employer handed over toOMC for performing services under this contract agreementagainst loss & damage due to any reason except exclusions listedin clause 8.7 at replacement value plus 25%.

b. OMC shall obtain and maintain comprehensive health insurance

for all its staff working on project site.

c. OMC shall obtain and maintain during the currency of contract,insurance for all its employees working on project site againstinjury or death having a minimum coverage of Rs.500,000/-incase of death and Rs. 200,000/- for each case of injury/disabilitywith unlimited number of incidents.

d. OMC shall obtain and maintain during the currency of contract,insurance for loss of revenue, on site and in transit, tilldeposition in NHAs Account in an amount adequate to cover anyrevenue loss as NHA will not entertain any claim in this regard.

e. The premium for such insurances shall be paid by the OMC.

INSURANCE COVERAGE FROM AA RATED INSUARNCE COMPANIES

(Panel of Insurance Companies revised vide Finance Wing Letter no. NHA-Fin-F/08/59/2012-365 dated 26th April 2012)

Sr.# Name of Insurance Company Rating

1. National Insurance Co Govt. Based Co.

Rating notavailable

2 Adamjee Insurance Co AA


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3 EFU General Insurance Co AA

4 International General Insurance(IGI) Co

AA

5 Jubilee General Insurance Co AA

6 Atlas Insurance Co A+

7 Habib Insurance Co A+

8 Security General Insurance Co A+9 Askari General Insurance Co. A

10 Premier Insurance Co. A

11 United Insurance Co. A

12 Alfalah Insurance Co. A

13 Century Insurance Co. A

8.6 RESPONSIBILITY FOR AMOUNTS NOT RECOVERED

Any amounts not insured or not recovered from the insurers shall beborne by the Employer or the OMC in accordance with their

responsibilities under Clause 8.7.

8.7 EXCLUSIONS

There shall be no obligation for the insurances in Sub-Clause 8.5 toinclude loss or damage caused by:

a. war, hostilities (where war be declared or not), invasion, act offoreign enemies,

b. rebellion, revolution, insurrection, or military or usurped power,

or civil war, or

c. ionizing, radiations, or contamination by radio-activity from anynuclear fuel, or from any nuclear waste from the combustion ofnuclear fuel, radio-active toxic explosive or other hazardousproperties of any explosive nuclear assembly or nuclearcomponent thereof, or

d. pressure waves caused by aircraft or other aerial devicestravelling at sonic or supersonic speeds.

8.8 DAMAGE TO PERSONS AND PROPERTY

The OMC shall, except if and so far as the Contract providesotherwise, indemnify the Employer against all losses and claims inrespect of:

a. death of or injury to any person, orb. loss of or damage to any property (other than the operations),

which may arise out of or in consequence of the execution andcompletion of the operations, and against all claims,proceedings, damages, costs, charges and expenses whatsoeverin respect thereof or in relation thereto.


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8.9 INDEMNITY BY EMPLOYER

The Employer shall indemnify the OMC against all claims,proceedings, damages, costs, charges and expenses in respect of thematters referred to in the exclusions defined in Sub-Clause 8.7.

8.10 THIRD PARTY INSURANCE (INCLUDING EMPLOYER'S PROPERTY)

The OMC shall, without limiting his or the Employer's obligation andresponsibilities under Clause 8.8, insure, in the joint names of theOMC and the Employer, against liabilities for death of or injury to anyperson (other than as provided in Clause 8.11) or loss of or damage toany property (other than the Works) arising out of the performance ofthe Contract.

8.11 EVIDENCE AND TERMS OF INSURANCES

The OMC shall provide evidence to the Employer prior to the

commencement of works at the Project Site that the insurancesrequired under the Contract have been effected and shall, within 84days of the Commencement Date, provide the insurance policies to theEmployer. Such insurance policies shall be consistent with thegeneral terms agreed under this contract agreement. The OMC shalleffect all insurances for which he is responsible with insurers and interms approved by the Employer.

8.12 ADEQUACY OF INSURANCES

The OMC shall notify the insurers of changes in the nature, extent orprogramme for the execution of the Works and ensure the adequacy ofthe insurances at all times in accordance with the terms of theContract and shall, when required, produce to the Employer theinsurance policies in force and the receipts for payment of the currentpremiums.

8.13 REMEDY ON OMC'S FAILURE TO INSURE

If the OMC fails to effect and keep in force any of the insurancesrequired under the Contract, or fails to provide the poli

Rfp Ettm Toll Plazas

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