Professional Documents
Culture Documents
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28Mau::xH: .o4rs
AiTli;f#L?B%Ti:;,
No._6(32e)/GM(P&CA)/NHAI 2oI4 I 543 O) JulY, 2OL4
To,
This is to inform you that your firm has been shortlisted for the
subject consultancy services.
ri$rr.,.,Ars
Inifno'Y
Selectionof Consultants
Quality-BasedSelection(QBS) Method
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ffisn
The Export-Import Bank of Korea
July, 2014
Z\?
Preface
/9
TABLE OF CONTENTS
Data Sheet 2l
l+
REQUESTFOR PROPOSALS(RFP)
Country: Pakistan
SectionI
Letter of Invitation
DearMr./Ms.:
2. The terms and conditions of the contract and payments by the Bank, therefore, shall be
subject in all respectsto the terms and conditions of the Loan Agreement, including the
Guidelines for the Employment of Consultants under the EDCF Loan (the Guidelines).
Except as the Bank may specially otherwise agree,no party other than the Borrower shall
derive any rights from the Loan Agreement or have any claim to the loan proceeds.
3. The National Highway Authority, Pakistan on behalf of the Borrower now invites
proposalsto provide the necessaryconsulting servicesfor the Project. More details on the
servicesare providedin the Terms of Reference(Section5).
You are therefore invited to submit technical and financial proposals for the consulting
servicesof which details are provided in the Terms of Reference.It is not permissibleto
transfer this invitation to any other firm.
GeneralMan
National HighwaysAuthority (NHA)
28, Mauve Area,G-9l1,
Islamabad,Pakistan
Definitions (a) "Bank" means the Export-Import Bank of Korea which has
been entrustedby the Government of the Republic of Korea
with the operation and management of the Economic
Development Cooperation Fund (hereinafter referred to as
''EDCF'').
(D 'oDay" meanscalendarday.
1. Introduction 1 . 1 The Employer named in the Data Sheet will select a consulting
fi rm/organization (the "Consultant") from short-listed Consultants
approvedby the Bank, in accordancewith using the Quality-Based
Selection(QBS) method, specifically adoptingthe one-stagetwo-
envelopebidding method of bid submissionas further describedin
this section.
t.4 The Employer will timely provide at no cost the Consultant the
inputs and facilities specified in the Data Sheet, assist the firm in
obtaining licensesand permits neededto carry out the Services,
and make available relevant project data and reports.
Conflicting (a) A firm that has been engagedby the Employer to provide goods,
Activities works or servicesother than consultingservicesfor a project, and
any of its affiliates, shall be disqualified from providing
consulting services related to those goods, works or services.
l0 Section2. Informationto Consultants
Proposal 1.9 The Data Sheet indicates how long the Consultants' Proposals
Validify remain valid after the submission date. During this period, the
Consultants shall maintain the availability of Professional staff
nominated in their Proposals.The Employer will make its best
effort to complete negotiations within this period. Should the need
arise, however, the Employer may request the Consultants to
extend the validity period of their proposals. Consultants who do
not agree have the right to refuse to extend the validity of their
Proposals.
Fraud and 1.10 It is the Bank's policy to require that Borrowers (including
Corruption beneficiariesof the Bank loans), as well as Consultantsunder the
EDCF-financed contracts, observe the highest standard of ethics
during the selection and execution of such contracts. In pursuance
of this policy, the Bank:
T2 Section2, Informationto Consultants
(a) defines, for the purpose of this provision, the terms set forth
below as follows:
,,
Clarification 2.I The Consultants may request a clarification of any of the RFP
and documents up to the number of days indicated in the Data
Amendment of Sheet before the proposal submission date. Any request for
RFP Documents clarification must be sent in writing, or by standard electronic
means,to the Employer's addressindicatedin the Data Sheet.The
Employer will respondin writing, or by standardelectronicmeans,
and will send written copies of the response (including an
explanation of the query but without identifying the source of
inquiry) to all the Consultants. Should the Employer deem it
necessaryto amend the RFP as a result of a clarification, it shall
do so following the procedureunder para.2.2.
2A+
Section2. Information to Consultants - l3
3. Requirements
al
J.t The Proposals (refer to para. L2), as well as all related
for Preparation correspondenceexchangedby the Consultantsand the Employer,
of Proposals shall be written in Enslish.
Association J.J While preparing the Technical Proposal, the Consultants must
Arrangements give particular attention to the following:
and Joint
Ventures (a) If a short-listed Consultant considers that it may enhance its
expertisefor the Servicesby associatingwith other Consultantsin
a Joint Venture, it may associate with either (i) short-listed
Consultant(s),or (ii) non-short-listedConsultant(s),if so indicated
in the Data Sheet.A short-listed Consultant must frrst obtain the
approval of the Employer if it wishes to enter into a joint venture
with non-short-listedor short-listed Consultant(s).
In caseof Joint Venture (JV) with non-short-listed Consultant(s),
the short-listed Consultant shall act as the association leader. In
caseof a JV, all partners shall be jointly and severally liable and
shall indicate who will act as the leader of the JV. In case of
assigningsub-consultancyfor some of the Consulting Services,
the short-listedConsultant shall be liable for the entire Consultins
Services.
In the event that the Consultant constitutes a Joint Venture, the
Consultantshall submit (i) a copy of the Joint Venture Agreement
with its Technical Proposal, and (ii) a power of attorney (executed
by all partners) that authorizes the designatedlead or managing
Partner of the Joint Venture to act for and in behalf of the Joint
Venture and to legally bind such Joint Venture in any contractual
or similar documentation.Any Joint Venture Agreement and Joint
Venture power of attomey shall be attachedto Form Technical-l
of Section 3 and submitted as part of the Technical Proposal of
such Consultant.
I4 Section2. lnformationto Consultants
DE=
Section 2. Information to Consultants-, 15
3.7 FinancialProposal
Format 3.7.1 The Financial Proposal shall be prepared using the attached
SampleForms (Section4). It shall list all costsassociatedwith the
Services,including (a) remuneration for staff (foreign and local, in
the field and at the Consultants' home office), and (b) other out-
of-pocket expenses.If appropriate,these costs should be broken
down by activity and, if appropriate, into foreign and local
expenditures.All activities and items described in the Technical
Proposalmust be priced separately;activities and items described
in the Technical Proposal but not priced, shall be assumedto be
included in the prices of other activities or items.
Bid Price and 3.7.2 The prices quotedin the Financial Proposalshall be in US Dollars
Currency (US$) and the Contract Price shall be made and paid in Korean
Won, unlessspecifiedotherwisein the Data Sheet.The conversion
shall be made at the average of the telegraphic transfer selling
rates of Korean Won against US Dollar as quoted and publicly
displayed by the Bank, during the one month period from the
sixteenth 1t6th) day of two calendar months prior to the month
when the first procurement contract for the consulting service is
signed respectively,to the fifteenth 1t5th) day of one calendar
month prior thereto.
Taxes 3.7.3 All taxes, duties and levies imposed on the Services in the
Governmentof the Employer provided by the Consultants for the
implementation of the Services shall be either exempted or bome
by the Employer.
Others 3.8 The Employer may indicate in the Data Sheet the Employer's
Maximum Budget for the Services.This budget is indicative and
the Proposalshall be basedon the Consultant'sown estimatesfor
the Services.
For time-basedcontracts,the Minimum time-input of international
Key Experts' rs: 244 person-months.The Minimum time-input of
nationalKey Experts'is: 488 person-months.
D2
Section2. Information1oConsultants
- t'7
A-F
18 Section2. Informationto Consultants
5. Proposal 5 . 1 From the time the Proposalsare openedto the time the Contract is
Evaluation awarded,the Consultantsshould not contact the Employer on any
matter related to their Technical andlor Financial Proposals.Any
effort by a Consultant to influence the Employer in the
examination, evaluation, ranking of Proposals, and
recommendation for award of the Contract may result in the
rejectionof the Consultant'sProposal.
Financial 6.3 The financial negotiations will include a detailed review of all the
Negotiations Consultant's proposed costs including a review of all
documentationprovided by the Consultantin support of proposed
costs. In particular, the Consultants shall provide full details of
the remunerationof all nominated Prolbssional staff as described
in the Appendix attached to Section 4 - Financial Proposal -
SampleFormsof this RFP.
20
Information to Consultants
Data Sheet
1.4 The Employer will provide the following inputs and facilities:
2.1 Clarifications may be requested not later than 14 days before the
submissiondate.
GeneralManager (P&CA)
National Highways Authority (NHA)
28, MauveArea, G-911,
Islamabad,Pakistan
4.3 Consultant must submit the original and three copies of the Technical
Proposal,and the original and one copy of FinancialProposal.
GeneralManager (P&CA)
National Highway Authority (NHA)
28, Mauve Area, G-911,
Islamabad,Pakistan
38 Eunhaengno(16-1Yeouido-dong)
Yeongdeungpo-gu,Seoul,Korea I 50-996
TEL: 82-2-3779-5666
FAX: 82-2-3779-6737
E-Mail : jrha@koreaexim.
go.kr
Attention: Miss Ju-ryoongHa
Section2. Information to-Consultants- Data Sheet / i
DetailedDesisn [250pointsJ
Points
Team Leader/PM 30
Road DesignEngineer 20
Bridge/StructureEngileer 20
Tunnel Engineer 20
Soil / Material Engineer l5
Hydrologist l5
Architect l0
Electrical Engineer l0
Mechanical Engineer 10
Environmental Specialist 10
ProcurementSpecialist 15
SocialDevelopment/ ResettlementSpecialist 10
Cost / Quantity Estimator l0
Road SafetySpecialist l0
TenderDocumentSpecialist l0
Geologist l0
GeotechnicalEngineer l5
Chief Surveyor 1 0
4-t
Section2. Informationto Consultants-
ConstructionSupervision [170pointsJ
Points
a. Team Leader/PM/ResidentEngineer 65
b. Tunnel Engineer 35
Soil / Material Engineer 35
d. Ceo TechnicalEnsineer 35
NATIONAL PERSONNEL
DetailedDesien [100pointsJ
Points
RoadDesignEngineer- I 10
RoadDesignEngineer- 2 10
Bridge/StructureEngineer- I 10
Bridge/StructureEngineer-2 10
TunnelEngineer - 1 10
TunnelEngineer -2 10
Soil / MaterialEngineer- I 10
Soil / MaterialEngineer- 2 l0
Hydrologist- 1 r0
Hydrologist- 2 10
If more than one Consultant achieves the same highest total point, the Employer then has
the right to recommend to the Bank a Consultant that ranks first in the total points of
criterion (iii).
,\>
Section2. Information to Consultants- Data Sheet
(5) One Consultant shall participate in only one proposal as the Prime Consultant or a
Member of JV;
(6) Only Korean Consultants may participate in the bidding and local Consultant may
participate only as sub-consultant.
(7) TechnicalProposalshall not include any Financial information;
(8) The validity period of the proposal shall meet the requirement in the RFP; and
(9) Submission of Form of "Anti-Conuption and Anti-Malpractice Declaration" by the
Consultant or by every single member of the JV in caseof a JV
7.2 of consultingservices
Expecteddatefor commencement
December 2014
Pakistan
26 , Section 3. Teclrnical Proposal- Sample Forms
Section3
TechnicalProposal- SampleForms
Refer to Paragraph3.5 of Section 2 of the RFP for Sample Forms required and number of
pagesrecommended.
Technical- I TechnicalProposalSubmissionForm
Technical- 8 WorkSchedule
Dear Sirs,
We, the undersigned, offer to submit our Proposal for providing the Consulting
Services for the linsert Title of the Project] in accordancewith your Request for Proposals
dated linsert Datel. We are hereby submitting our Proposal,which includes this Technical
Proposal,and a FinancialProposalsealedunder a separateenvelope.
We are submitting our Proposal in association with: llnsert a list with full name and
addressof each associatedConsultantfl
We hereby declare that all the information and statementsmade in this Proposal are
true and acceptthat any misinterpretation containedin it may lead to our disqualification.
If negotiationsare held during the period of validity of the Proposal, i.e., before the
date indicated in ParagraphReference i.9 of the Data Sheet,we undertaketo negotiateon the
basisof the proposedstaff. Our Proposalis binding upon us and subjectto the modifications
resulting from Contractnegotiations.
We remain,
Yours sincerelv.
' is foreseenl
lDetetein caseno association
a\ E
28 Section3.lTechnicalProposal- SampleForms
A - Consultant's Organization
lProvide here a brief (not more than three pages) descriptian of the background and
organization of your firm/entity and each associateif any,for performing the Services.f
Section3. Technical Proposal- SampleForms
B - Consultant'sExperience
2. List only those assignmentsfor which the Consultant was legally contractedby the
Client as a company or was one of the joint venture partners. Assignmentscompleted
by the Consultant's individual expertsworking privately or through other consulting
firms cannot be claimed as the relevant experience of the Consultant, or that of the
Consultant's partners or sub-consultants, but can be claimed by the Expefts
themselves in their CVs. The Consultant should be prepared to substantiatethe
claimed experienceby presentingcopies of relevant documentsand referencesif so
requestedby the Client.
* Similar projectsi.e. road projectswith at least one tunnel having a length of 3000 meters or
more. For local firms in JV/associations,similar experiencewill be road projects as local
tunnel expertiseis not common.
Form Technical-3:Comments and Suggestionson the Terms of Reference
and Counterpart Staff and Facilitiesto be Provided by the Employer
lPresent and justifl here any modifications or improvement to the Terms of Referenceyou
(tre proposing to improve performance in carrying out the Services (such as deleting some
activity you consider unnecessery,or adding another, or proposing a dffirent phasing of the
activities). Such suggestions should be concise and to the point, and incorporated in your
Proposal.)
Section3. TechnicalProposal- SampleForms
lTechnical approach, methodologyand work plan are key componentsof the Technical
Proposal. You are suggestedto present your Technical Proposal (a maximum of 50 pages,
inclusive of charts and diagrams) divided into thefollowing three chapters:
a) Technical Approach and Methodoloq.v. In this section, you should explain your
understandingof the objectivesof the Services,approach to the Services,methodologyfor
carrying out the activities and obtsining the expectedoutput, and the degree of detail of
such output. You should highlight theproblems being addressedand their importance, and
explain the technical approachyou would adopt to deal with them. You should explain the
methodologies you propose to adopt and highlight the compatibility of those
methodologieswith the proposed approach.
b) Work Plan. In this chapter, you should propose the major activities of the Services, their
content and duration, phasing and interrelations, target schedules (including interim
approvals by the Employer), and delivery dates of the reports. The proposed work plan
should be consistent with the technical approach and methodology, showing
understandingof the TOR and ability to translate them into a feasible working plan. A list
of the Jinal documents, including reports, drawings, and tables to be delivered as final
output, should be included here. The work plan should be consistentwith the Work
Schedulein Form Technical-B.
c) Organization and Sta.ffing. In this chapter, you should propose the structure and
compositionof your team. You should list the main professionalpositions of the Services,
the key expert responsible,and proposed technical and support staff,l
Section 3. Technical Proposal- SampleForms
5. Education fsummarize college/university and other specialized education of staff member, giving names of
institutions,degreesobtqined,anddatesofobtainment]:
7. Countries of Work Experience fList countries where staff has worked in the last ten yearsl:
8. Languages fFor each language indicate proficiency: good, fair, or poor in speaking, reading, andwriting)'.
9. Employment Record fstarting with the present position, list in reverse order evety employmentheld by staff
memberssince graduation, givingfor each employment(seeformat here below): dates of employment, name of
employing organization, positions held.l
FromlYearl: To fYearl:
Employer:
Positionheld:
10. Detailed Tasks Assigned IList all tasl{sto be performed under this assignment)
11. Work Undertaken that Best lllustrates Capability to Handle the Tasks Assigned
fAmong the Services in which the staff has been involved, indicate thefollowing information for those Services
that best illustrate staff capability to handle the tasl{slisted under point I0.l
12. Certification
I, the undersigned,certi$ that to the best of my knowledge and belief, these data correctly describe myself, my
qualifications and my experience. I understandthat any willful misstatementdescribed herein may lead to my
disqualification or dismissal, if engaged.
Date:
of thefirnlt
lsignatureof staffmemberor authorizedrepresentative Day/Month/Year
Staffinput (in the form ofa bar chart)" Total man-month input
No. Name
I ) 4 5 6 1 8 9 10 11 t2 n Home Field' Total
Foreign
IHome]
[Field]
Subtotal
Local
[Home]
[Field]
Subtotal
Total
1
For ProfessionalStaffthe input shouldbe indicatedindividually;for SupportStaff it shouldbe indicatedby category(e.9.,draftsmen,clericalperson,etc.).
2
Monthsare countedfrom the start of the assignment.For each expertindicateseparatelythe inputfor home and field work.
Fieldwork meanswork carriedout at a place otherthan the Consultant'shome office.
Full-timeinput should be indicatedby -; Part-timeinput shouldbe indicatedby =====.
Section 3 -Technical Proposal: Sample Forms )I
1
Indicateall main activitiesof the Services,includingdeliveryof reports(e.9., inception,interimprogress
reports, and flnal reports),and other benchmarkssuch as approvalsby the Employer. For phased
assignmentsindicateactivities, deliveryof reports,and benchmarks for each phase.
separately
2
Durationof activitiesshall be indicatedin the form of a bar chart.
38 Seclion3. TechnicalProposal- SampleForms
* E * * k 1 9 g E U A C g 4 g q E o l o f L l $ , E g i l l f ? { t s3 ? € } E O l? € A U E } .
T h e E n g l i s ht e x t i n t h i s d e c l a r a t i o ni s n o t a n o f f i c i a lt r a n s l a t i o nI.n c a s e o f d i s c r e p a n c yt,h e
K o r e a no n e s h a l lo r e v a i l .
-d?l
+fi| g Erllf;g =rHg +EAl
Declaration
andAnti-Malpractice
Anti-Corruption
a++=g 3d 7l=
Bankof Korea(the"gank")
To TheExport-lmport
ol 04
/L[
\t ts o .
N a m eo f t h e P r o j e c t( t h e " P r o j e c t " ) :
g ^ t . = s H 9 r | 1 e t s l t e q l l = ( E D C F ) ( 0"t l63t" 0 l a [ - d r f ) l S A l - g a q e | . 3 J H 6 f G
-sl=
tl= Af 4 E - e r L l L f.
withregardto participation
We herebyconfirmthefollowing statedabovefinancedby
in the Project
the Economic
Development Fund(EDCF):
Cooperation
L-rE-
t . 3 f = r + l l A l l a H 0 l l? l o l A le l = B + A 0 l f t l e l ! l = t $ I l e l 9 L H A = = E 6 l + I l 6 l I
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AJHBII ?Jil8.
1, We undertake and compllance
fullunderstanding withthe "Acton PreventingBribervof Foreign
Business
in International
PublicOfficials and declarethat neitherwe nor any other
Transactions,"
partyactingon our behalfwith regardto the Projecthas engagedor will engagein corruptor
practices.
fraudulent
2 . 3 A f = E r l l A l - 9 9 ? 0 t 1= I l $ a 6 t G t = f t l a = F r t | : d ? l ! E = l a e l l = 5
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6 L A-^it
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fd -.
2 . l f t h e B a n k d e t e r m i n e st h a t w e h a v e e n g a g e di n c o r r u p to r f r a u d u l e n pt r a c t i c e sw i t h r e g a r dt o
, e w i l l n o t r a i s ea n y o b j e c t i o n st o t h e f o l l o w i n ga c t i o n st a k e nb y t h e B a n k :
t h e P r o j e c tw
Section 3. Technical Proposal -Sample Formr 39
l f . B r ^ l - gA t g a q $ S fd E J I l t H JA t e t 0 l rl t l e ! T l g e l 6 E l 1 +
2-1. Refusal of approval or no-objection withregard to ourparticipation in theProject;
Lj g 9.!
Date/Month/Year
Et fg :
N a m eo f t h e C o m p a n y :
LllEAI: (E)
N a m eo f t h e C o m p a n yR e p r e s e n t a t i v e :
Management
_40
/EOt\
(Attachment)
Inelisibility on Malpractice
Criteria
( A r t i c l e7 - 6 o f t h e R e g u l a t i o nosn E D C FO p e r a t i o na n d M a n a g e m e n t )
1 . I H E + t r + = 0 1 l l r f r H ! E = E q e l 6 l - r f= q l e l 6 l G r t | e l u + 8 + 0 l l l g o c 0let=
I l l l 6 t . t r r A l .9 l f E tE t6l .r
f E € El= 3?
1. Wherethe borrowerraisesan issuein writingon the defectof goodsand servicesprovidedby
the companyin question,
andthe Bankdetermines it reasonable;
and
-d
1 . ] t q ' = 0 l g B | . 0 i?l l o l l + a . I A t ! E = + E J 5 l ] i l 6 f l l L l + t r - d t s ? l = ^-
1. A person whohas,in theexecution of contractual
obligations, performed deficiently,crudely
or
u n r e a s o n a b l yo,r c o m m i t t e da m a l p r a c t i c e ;
5. ]lE9 0leql flolAl 9J&fi4q= a=61 6lq ==0ll]ll ?l6H= tf-d rf !E=
A f g S 0 l l A lf & g g f E H Z H t 0 l l 9 - e ! g f 8 ' H A 4 ^ l = 4 = 6 1 6 f q = e r u 5 q l l l A l o J =
6tlle! ?l6H= ll"-d If
5 . A p e r s o nw h o h a s i n f l i c t e di n j u r yo n t h e g e n e r a lp u b l i cb y n e g l e c t i n gs a f e t ym e a s u r e sw h i l e
f u l f i l l i n ga n y c o n t r a c to r a p e r s o nw h o h a s i n f l i c t e da s e r i o u si n j u r y ,i n c l u d i n gd e a t h ,o n
e m p l o y e e s e, t c . t h r o u g ht h e n e g l e c to f s a f e t ya n d h e a l t hm e a s u r e so f t h e l n d u s t r i aSl a f e t ya n d
H e a l t hA c t a t t h e w o r k p l a c e ;
6 . A S E l 0 l F S . 0 l ] t E = i l l = ! E = 0 l c G t 1 9 4 0 l l r r f = + r l l g = F O i ls J e l f c r ,
-stOll
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t a g 0 t e = E e r . - d r f ) 6 f l O t L t _ dI f
6. A person whohas,without anyjustcause, or perform
failedto conclude a contract (including
the performance of matters concerning anincidental tenderunderArticle19,matters concerning
thesubcontract management planandtheperformance planforoutsourcing workers' working
conditions for the reviewof the contractperformance
submitted underArticle42 (5)
capability
andmattersconcerninga jointcontractunderArticles72 and72-2)i
B . g S ! E = ] l q t q l & - d A l + ( I l l 3 9 1 9 + 8 0 1 1e l 6 [ q ^ l 8 8 H x 1 a l 5 ^ l 0 l l 9 6 l q
gSAl= ll=61-= 3?el t&Il-AlgEj lll 2I I l l B E e l i l 5 0 1 1e l c l 3 E E = 4 1 =
-d^l-e! -ol?l
E-srAt|)= ?14'EI6l.l1Ll +tr6llll II E= l+= Il=El If
8. A personwhohasforged or altered documents concerning tender or contract (including any
writtenpubliccertification
provided for in subparagraph8 of Article2 of the DigitalSignature
Act
in the casewherethedocuments for thetenderaresubmitted in useof the designated
informationprocessing unit)or usedthemunjustly, or a personwhohasproduceda false
document;
-Br0ll
1 0 . g 3 ' . - + 3 E = ] l E e l i 1 l = ' 0 1 t s J$ d 6 [ q P I ] | 3 + A ( H l l l 2 9 I I 1 lI 0.=
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el-P
+z Section3. TechnicalProposal- SampleForms
1 4 ,t r 3 - e tO l R g . O^l14l 2 4 I l l l e q l $ = Z l q r 0 l e = q e l A ^ f 0 l lg a A A + 9 A +
!E= g+= Ilt=6tl 0fLt6fllLA t i + R t =+ q = | . & = € a q t a A l = s l - d r f
14.A personwho has,withoutanyjustifiable grounds, failedto submitthe fullor partof the
documents whicharerequired for an examination to performthe contractpursuant
of capabilities
to Article42 (1) or a personwho hasabandoned the examination aftersubmittingthe required
documents beforea successfulbidderis finalized;
2Ato
Section3. Technical Proposal- SampleForms
Section4
Financial Proposal- SampleForms
Sample Forms for the Financial Proposal shall be used for the preparation of the Financial
Proposalaccordingto the instructionsunder para.3.7 of Section2.
Financial-1 FinancialProposalSubmissionForm
D.P
45
Form Financial-1:FinancialProposalSubmissionForm
Dear Sirs,
We, the undersigned,offer to submit our Proposal for providing the Services for the
linsert title of the Project) in accordancewith your Requestfor Proposalsdated finsert Datel.
Our attachedFinancial Proposalis for the sum of linsert amount(s)in words and figures'1.
This amount is exclusive of the local taxes, which shall be exempted or borne by the
Employer.
Our Financial Proposal shall be binding upon us subject to the modifications resulting
from Contractnegotiations,up to the expirationof the validity period of the Proposal,i.e.,
beforethe dateindicatedin ParagraphReference1.9 of the Data Sheet.
We remain.
Yourssincerely,
AuthorizedSignaturelinfull andinitials):
Name and Title of Signatory:
Name of Firm:
Address:
Costs
Foreign
Item Local Remarks
Currency
Currency Sub Total
Portion in
Portion
US$
Detailed Design
Remuneration
Out-of-Pocket
Expenses
Total
Construction
Supervision
Remuneration
Out-of-Pocket
Expenses
Total
ProvisionalSums
Contingencies 241.000
Grand Totalr
'
Indicatethe totalcosts,net of localtaxes,to be paid by the Employer.
Section4. FinancialProposal- SampleForms 47
Staff-month Rate'
Namet Position2 Inputs Costs6 (in U.S. Dollars5)
(in U.S. Dollarsa)
Foreign Staff
lHome)
lFieldl
Staff-month Ratee
NameT Positions Inputrr Costs (in Pak Rs.)
(in U.S. Dollarsl)
Local Staff
IHome]
lFieldl
1
ProfessionalPersonnelshould be indicatedindividually;SupportPersonnelshould be indicatedper category(e.9.:draftsman,administrativepersonnel).
2
Positionsfor the ProfessionalPersonnelshall coincidewith the ones indicaledin Form Technical-S.
3
Indicateseparatelystaff-monthrate for home and field work.
4
ff specifiedotherwisein para 3.7.2 of Section2, applycurrencyotherthan U.S. Dollars.
5
Indicate,separatelyfor home and field work, the total expectedinput of stafffor carryingout the group of activitiesor phase indicatedin the Form.
6
For each staff indicatethe remuneration,separatelyfor home and field work. Remuneration= Staff-monthRate x Input..
7
ProfessionalPersonnelshouldbe indicatedindividually;SupportPersonnelshould be indicatedper category(e.9.:draftsman,administrativepersonnel).
8
Positionsfor the ProfessionalPersonnelshall coincidewith the ones indicatedin Form Technical-S.
9
Indicateseparatelystaff-monthrate for home and field work.
10
ff specifiedotherwisein para 3.7.2 of Section2, applycurrencyother than U.S. Dollars.
11
Indicate,separatelyfor home and field work, the total expectedinputof stafffor carryingout the group of activitiesor phase indicatedin the Form.
$
48 Section 4. Einancial Proposal - Sample Forms
(This From Financial-3 shall only be used when the Lump-Sum Form of Conhact has been included in the RFP.
Information to be provided in this Form shall only be used to establishpayments to the Consultant for possible
additionalservicesrequestedby the Employer.)
Staff-month Rate'
Namer Position2
(in U.S. Dollarsa)
Foreisn Staff
lHomel
lFieldl
Staff-month Rate'
Names Position6 (in Pak Rs.)
Local Staff
lHomel
lFieldl
zl-+
Section4. Financial Proposal- SampleForms 49
1
The descriptionlist is providedfor guidance.Deleteitemsthat are not applicableor add other items, lf necessary.
lf specifiedotherwisein para 3.7.2 of Section2, apply currencyother than U.S. Dollars.
3
Indicatethe cost of each out-of-pocketexpences.Cost = Unit Cost x Quantity.
4
Indicateroute of each flight,and if the trip is one- or two-ways.
I
5
Indicateonly if the trainingis a majorcomponentof the ConsultingServices,definedas such in the TOR.
)U Section4. FinancialProposal- SampleForms
(This Form Financial-4 shall only be used when the Lump-Sum Form of Contract has been included in the RFP.
Information to be provided in this Form shall only be used to establish payments to the Consultant for possible
additionalservicesrequestedby the Employer.)
Unit Cost
No. Descriptionl Unit
(in U.S.Dollars2)
Per diem allowances Day
2 International flishts' Trip
5 Miscellaneoustravel expenses Trio
Communication costs between flnsert placel and
4
llnsert nlacel
5 Draftins. renroductionof reports
6 materials,supplies,etc.
Equioment.instruments.
"l Shiomentof oersonaleffects Trin
8 Useof computers,software
9 Laboratorv tests
l0 Subcontracts
t1 Local transportationcosts
t2 Offi ce, administrative assistance
IJ Training of the Emplover's personnel'
The description list is providedfor guidance.Deleteitemsthat are not applicableor add otheritems,if
necessary.
lf specifiedotheruisein para 3.7.2of Section2, applycurrencyotherthan U.S. Dollars.
Indicateroute of each flight, and if the trip is one- or two-ways.
Indicateonly if the trainingis a majorcomponentof the ConsultingServices,definedas such in the TOR.
a-z
Section4. EinancialProposal- SampleForms
1.1 The remunerationrates for staff are made up of salary, social costs,overheads,fee that
is profit, and any premium or allowancepaid for assignmentsaway from headquarters.
To assist the firm in preparing financial negotiations, a Sample Form giving a
breakdown of rates is attached (no financial information should be included in the
Technical Proposal). Agreed breakdown sheets shall form part of the negotiated
contract.
r.2 The Employer is charged with the custody of government funds and is expected to
exercise prudence in the expenditure of these funds. The Employer is, therefore,
concerned with the reasonablenessof the firm's Financial Proposal, and, during
negotiations, it expects to be able to review audited financial statementsbacking up
the firm's remuneration rates, certified by an independent auditor. The firm shall be
prepared to disclose such audited financial statements for the last three years, to
substantiateits rates, and acceptthat its proposed rates and other financial matters are
subjectto scrutiny.Rate detailsare discussedbelow.
(i) Salary
This is the gross regular cash salary paid to the individual in the firm's home
office. It shall not contain any premium for work away from headquartersor
bonus (except where theseare included by law or governmentregulations).
(ii) Bonus
Bonusesare normally paid out of profits. Becausethe Employer doesnot wish to
make double payments for the same item, staff bonusesshall not normally be
included in the rates.Where the Consultant's accounting systemis such that the
percentagesof social costs and overheadsare based on total revenue, including
bonuses, those percentagesshall be adjusted downward accordingly. Where
national policy requiresthat 13 months' pay be given for 12 months' work, the
profit elementneed not be adjusteddownward. Any discussionson bonusesshall
be supportedby auditeddocumentation,which shall be treatedas confidential.
(iiD SocialCosts
Social costsare the coststo the firm of staffls non-monetarybenefits.Theseitems
include, inter alia, social security including pension, medical and life insurance
costs,and the cost of a staff memberbeing sick or on vacation.In this regard, the
D.+
<t Section4. EinancialProposal SaqrpleForms
cost of leave for public holidays is not an acceptablesocial cost nor is the cost of
leave taken during an assignmentif no additional staff replacement has been
provided. Additional leave taken at the end of an assignmentin accordancewith
the firm's leavepolicy is acceptableas a socialcost.
It is important to note that leave can be considered a social cost only if the
Employer is not chargedfor the leave taken.
(v) Overheads
Overheadexpensesare the firm's businesscoststhat are not directly related to the
execution of the assignmentand shall not be reimbursedas separateitems under
the contract.Typical items are home office costs(partner'stime, nonbillable time,
time of senior staff monitoring the project, rent, support stafl research, staff
training, marketing, etc.), the cost of staff not cunently employed on revenue-
earningprojects,taxeson businessactivities and businesspromotion costs.During
negotiations,audited frnancial statements,certified as comectby an independent
auditor and supporting the last three years' overheads,shall be available for
discussion,togetherwith detailed lists of items making up the overheadsand the
percentageby which each relatesto basic salary. The Employer does not accept
an add-onmargin for social charges,overheadexpenses,etc., for staff who are not
permanentemployeesof the firm. In such case,the firm shall be entitled only to
administrativecostsand fee on the monthly paymentschargedfor subcontracted
staff.
(viii) SubsistenceAllowances
Subsistenceallowancesare not included in the rates,but are paid separately.No
additional subsistenceis payable for dependentsthe subsistencerate shall be the
samefor married and sinsle team members.
I-INDP standard rates for the particular country may be used as reference to
determinesubsistenceallowances.
) Out-of-pocket Expenses
2.1 The financial negotialions shall further focus on out-of-pocket expenses.These costs
may include, but are not restrictedto, cost of surveys,equipment,office rent, supplies,
international and local travel, computer rental, mobilization and demobilization,
insurance, and printing. These costs may be either unit rates or reimbursable on the
presentationof invoices.
3. Bank Guarantee
3.1 Payments to the firm, including payment of any advance based on cash flow
projections covered by a bank guarantee, shall be made according to an agreed
estimatedscheduleensuringthe firm regular paymentsin Korean Won, as long as the
servicesproceedas planned.
54 - Section4, EinancialProposal--Sample Forms
SampleForm
ConsultingFirm: Country:
Assisnment: Date:
We herebyconfirm that:
(a) the basic salariesindicated in the attachedtable are taken from the firm's payroll records
and reflect the currentsalariesof the staff memberslisted which have not beenraisedother
than within the normal annual salaryincreasepolicy as appliedto all the firm's staff;
(c) the away from headquartersallowances indicated below are those that the Consultants
have agreedto pay for this assignmentto the staff memberslisted;
(d) the factors listed in the attachedtable for social chargesand overhead are basedon the
firm's averagecost experiencesfor the latest three years as representedby the firm's
financial statements;and
(e) said factorsfor overheadand social chargesdo not include any bonusesor other meansof
profit-sharing.
[Nameof ConsultingFirmJ
Name:
Title:
ZJ-P
Section4. Financial Proposal- Sample Forms 55
Personnel I z J 4 5 6 7 8
Home Oflice
Field
Section5
Terms of Reference
Section5. Terms of Reference 57
TERMS OF REFERENCE
FOR
ENGINEERINGCONSULTANCYSERVICES
(D E T A IL E DD E S IGN ,CONSTRUCTION
SUPERVISION&
CONTRACTADMINI STRATION)
OF
MALAKAND TUNNEL PROJECT
57
z+
Section 5 Terms of Reference 58
Table of Contents
1.1BACKGROUND
1.1.1The Project
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59
2\-+'
Section 5 Terms of Reference
5. The National Highway Authority (NHA) prepared Feasibility Study (Final Report, Feb.
201,D: with the help of Korean Consultants (f,rnanciallysupported by Korea Exim bank,
hereafter referred as the "Bank") to develop the Project. The Project comprises of the
following components:
Component Description
Construction . TotalLengthof thePass:9,732m
Approachroad: 6,4075m
Tunnel(1place,2 ea):3,735m13,772m
Bridge(3 places)
:152.5m
ConsultingService Detailed design, Procurement support, Construction
supervision, Contract Administration Support, Reporting, etc
6. Recent geographical changes in the Central Asian countries will open up new
opportunities in the region - multilateral consolidateroad and trade link between Pakistan
and the Central Asian countries. Hence it is expectedthat considerabletraffic volume will
be generatedto Malakand and Lowari tunnel. For this reasonNHA decided to changethe
Lowari Rail Tunnel to Lowari Road Tunnel. The completion of Malakand and Lowari
Tunnel provides incentive for extending its accessto Chitral - Ishkashim Highway and link
to Dushanbe, Tajikistan. This linking will promote the intemational trading route from
Tajikistan to Gwadar Port. In future it may becomeone of the most important trade route.
7. NHA will be the Project ExecutingAgency (PEA) of the Project. Within PEA, the
Planning Wing shall be the Project Implementing Agency for Desigri and Tendering while
the Construction Wing shall be the Project Implementing Agency for Construction
Supervision.The Project will be implementedover a period of about four (04) years
including detaileddesign and supervisionfor completionin 2018, and in accordancewith
the indicative scheduleof Project implementation.
B. The civil works shall be selected through Competitive Bidding (CB) among
qualified Korean bidders having good reputation, reliable creditwofthiness, and competent
project performancecapability as the Bank's ProcurementGuidelines (Revisedin March
2005).
I.2 OBJECTIVE
10. The main objectivesof the consultingservicesare to ensurethat all activities for
the implementationand commissioningof the proposedProject, including detaileddesign,
procurement of contracts and supervision for construction works, are undertaken in an
economical, efficient, and environment-friendly manner, consistent with widely accepted
engineering standards and practices for such works, and to the satisfaction of the both
Governments.
2,I GENERAL
12. The scopeof servicesto be provided by the Consultantwill include but will not be
limited to the requirements detailed in this Section. The Consultant will ensure that the
Project is implementedeconomicallyand efficiently as per the implementationschedule,
and in accordancewith the Project documents,including the Loan, and other documents
referredto therein.
14. The Consultant will ensure safety of works and safety of public during the
construction stage. The Consultant will require the contractor(s) to take all necessary
measuresfor ensuring safety during construction. NHA, as the principal employer, will
however continue to have the overall responsibility, as per the applicable law.
15. The Consultant will perform the functions and duties of the "Engineer" as stipulated
in the Civil Works Contracts and this Terms of Reference.In the performance of duties of
the Engineer, the Consultant will ensure that the implementation of the works is in the
requiredquality and quantity, and accordingto the works contract.
ZrP
Section 5 Terms of Reference 62
18. The Procurement financed from the EDCF loan will be done in accordancewith
Bank's Guidelines for Procurement. Civil works contracts/Suppliers shall be procured
through Competitive Bidding (CB) among qualified Korean bidders having good reputation,
reliable creditworthiness, and competent project performance capability as the Bank's
ProcurementGuidelines(Revisedin March 2005).
19. The Consultant will assist NHA in preparing the tender documents for all civil
works.
20. The Consultantswill ensurethat goodsand servicesusedfor the Project are suitable
and have reasonablecosts.The designsand specificationsadoptedon the Project should not
limit the requirementsregarding competitive bidding. It is also essentialthat the Consultant
shall be demonstrablyimpartial in the performanceof his duties
DESIGN 2.3.1DetailedDesigns
22. The Consultant will prepare the detailed design, including drawings, bidding
documents and other related documents for conformity with the specifications, NHA's
requirements, good engineering practice and supplement these, as necessary, with due
regard to safety, economy, energy conservation and environmental aspects, and the
implementation schedule.The Consultant shall process for approval of NHA, all detailed
designs, calculations,and drawings. Such approval will be sought on the basis of the
submissionsto be agreedbetweenNHA and the Bank.
(a) TopographicSurvey,
(b) Horizontal and Vertical Alignment,
(c) Typical crosssectionand superelevation,
(d) Earthworks - cut and fill,
(e) Drainage- pipes culvertsand sideditches,
(f) Bridge design - foundation borings, structural calculation of
foundation, abutment,piers, superstructureand railing, and
Constructionmethods,
(g) Tunnel Design - geological and hydrological survey of the
rock mass, turmel support, secondary lining, tunnel portals
including slope cut, slop protection, surface drainage, water
proofing, design of drainage behind the secondary lining, vertical
shaft, electrical ,mechanicalsystemand operation mannul
(h) Pavementdesign- surface,wearingcourse,basecourse,sub
baseand shoulder.
(i) Road/Tunnel safety facilities - traffic signs, markings and
guard rails, ventilation system,emergencyand evacuationfacilities,
illumination system, CCTV camera, firefighting system, refuge
facilities, seismicanalysis,slop protectionmethod, monitoring and
control facilities, toxic gasses analysis, power supply and
distributionfacilities etc
0) Material SourcesSurveyand report,
(k) Laboratory test constructionmaterials.
(l) Hydrological Surveyand report
(m) IEE andlor EIA report
(n) Assist NHA for socialsafeguardissues,if any
(3) Drawings
(a) Detailed drawings,
(b) GeometricDesign and drainage,
(c) Crosssections,
(d) Bridge/Tunnel construction
(o) Road / Tunnel safety facilities - traffic signs, markings and guard rails,
ventilation system, emergency and evacuation facilities, illumination system,
CCTV camera, firefighting system, refuge facilities, seismic analysis, slop
protection method, monitoring and control facilities, toxic gassesanalysis,
power supply and distribution facilitiesetc.
(4) ConstructionSchedule
(a) Estimation of required constructionperiod,
(b) Preparationof overall constructionschedule.
24. The Consultant will elaborate the particular specifications for material and
workmanship of all major work items. The specifications shall contain a general overview
of the elements on which the work will be performed, inter alia, including: technical
parameters,main materials, characteristics,performance criteria for the main components,
test and passingrequirements,and acceptancecriteria.
z \t-
Section5. Terms of Reference
25. It shall be ensured that the design and specifications will meet the Project
requirements at reasonable cost and without imposing any limitations with regard to
competitive bidding.
26. The Consultant will lay down in consultation with NHA, appropriateguidelines to
preparedetaileddesignsof all civil works, including engineeringplans for different types of
structures and reports for the Project, and the format and software in which the digital
versionsof the documentationmay be presentedto NHA for approval and record.
27. The originals of all plans, drawings, engineering specifications and similar
materials,and any data and all recordsor documentspertaining to the work shall be treated
as confidential by the Consultant and shall not, without written consent of NHA, be made
available to any person and shall be delivered to NHA upon completion of the work and
shall become the property of NHA. However, the Consultants may retain, for his own
record,copiesof the said plans and documents.
28. For efficient Project management, the Consultant will introduce an effective
Project Implementation Plan for communicating to all participants, including those whose
interestsor roles are beyond the control of the Consultant, the Project's objectives, and the
methods and resourcesto be used in meeting them. It will be structured such that separate
subordinateProject implementation plans prepared for each contract and activity reflect the
requirementsand structure of the overall Project Implementation Plan.
29. The Consultant will assistthe NHA in the day to day supervisionof the contracts,
including the following, but will not be limited to:
30. The Consultant shall be responsiblefor supervisingthe construction of the Project, and
its implementation to the desired quality, time schedule and construction cost. The
Consultant will develop a suitable system ensuring the quality and time schedule for the
work and reporting the same to NHA. The duties and responsibilities of the Consultant
during the supervision servicesshall include the following, but will not be limited to:
The Consultant work shall ensure qualitative supervision of the Contractors' work,
ensuring that the contractor performs and completes his work in accordancewith
the contract, at the specified time, and at the contractedcosts.
Review and approve all technical, quality assuranceproposalsand supervising the
tests, financial and scheduling as well as administrative submissions by the
contractor,
Periodical supervision of the site works, checking compliance of construction and
installation works, ensurethat methods and technology comply with the approved
design, technical standards; checking and approval of the Contractor's work
progresson site;
Monitoring of all activities,recordingof results,follow up of remedialworks, and
organizeperiodical meetingswith the Contractor and other parties involved;
Checking of equipmentand machinery on site for compliancewith technical and
safety requirementsand standards;
o Checking that the Health and Safety requirementsare respectedon the works site;
a Claim proceduresand preparationof payment claims and reports
a Preparationof testing and commissioning standardsand procedures,acceptance
criteria and snaglists.
Schedulecontrol, approvaland implementation of remedial measuresfor making up
delays;
a Participating in testing, commissioning and hand over of sites;
o Quantity survey against the Contractors' submissionsand invoices; checking and
approval of paymentcertificates,invoice and site measurementsfor invoicing;
The Consultant shall exercise all reasonable skill, care and diligences in the
execution of his duties; the Consultant shall also be responsible for the accuracy
and completeness of his works during commissioningperiods;
The Consultantshall function in close co-ordination with NHA in the performance
ofall services;
The Consultant will advise NHA for engagement of all contractors, suppliers,
manufacturers,and then be responsible for coordinating the activities of all such
agencies;
The Consultantshall recordall aspectsof the work underthe Project;NHA may
inspect theserecordsfrom time to time during courseof the contract;
NHA will exerciseall the technical and financial powers for the matters which lie
ZJP
Section5. Terms of Reference 67
2.4.3SiteVisits
3 1 . The Consultant shall visit construction sites and monitor the contractor's activities
for quality assurance,for conformity to contract specifications and time frame.
Although the responsibility for correctness,completeness and adequacy of the
works constructedby the contractors and for compliance with statutory obligations
remain with the contractors, The Consultant will ensurethat any deficiency in the
performanceof the contractor is rectified in a timely manner. The Consultant shall
inform NHA of their findings and recommendationsresulting from the site visits.
a^
)2. The Consultantshall monitor contractor'sactivities to minimize adverseeffects on
public safety,traffic, residential and commercial activity, and the environment.
2.5 OTHERS
2.5.LPreparation of MaintenanceManuals
33. The Consultant will prepare draft instruction manuals for good practices for
maintenanceof roads for the guidance of the NHA. The Manuals to be developed
shall include, but not limited to (i) Road Construction & Maintenance Manual, (ii)
Tunnel Construction & Maintenance Manual and (iii) Safety Manual. The draft
manualsshall be submitted to NHA for approval.
/\b
Section 5 Terms of Reference 68
SECTION 3: EXPERTISEREQUIRED
3.1REQUIREMENT OF EXPERTS
35. The Consultants will have expertise in project management, international procurement,
and contract administration, and other areasrelevant to the implementation of the Project.
The tentativerequirementsof expertsare listed in Table below.
International National
Expert
(Person-months) (Person-months)
I. Detailed Design
Team Leader/PM 12
Road Design Engineer 8 r6
Engineer
Bridge/Structure 8 t6
TunnelEnsineer 9 l8
SoiVMaterial Ensineer 8 l6
Hydrologist 6 t2
Architect 4 4
Electrical Engineer
a
J 5
Mechanical Engineer J 5
Environmental Specialist J 5
ProcurementSpecialist J o
Specialist
SocialDevelopmenVResettlement J 5
Cost/Quantity Estimator J 6
Road SafetySpecialist 5 5
Tender document specialist 2
Geologist 7 7
GeotechnicalEngineer 7 7
Chief Surveyor 7 7
CAD Operator1 t0
zr(P
Section5. Terms of Refbrence 69
International National
Expert
(Person-months) (Person-months)
CAD Onerator2 t2
CAD Operator 3 t2
Administration t2
Secretary t2
Subtotal 100 200
II. Construction Supervision
Team Leader/PlWResidentEngineer 48
Bridge/Structure
Engineer 12
Tunnel Engineer I 42 36
TunnelEnsineer2 36
SoiVMaterial Engineer l8 30
Elechical Engineer J
Mechanical Ensineer J
Architect J
Environmenl.al
Specialist
SocialDevelopment/Resettlement
Specialist 3
A''
lnspector 1
Inspector2 l5
Lab. Engineer 1 36
Quantity Surveyor I 30
ChiefSurveyor 1 36
Geo TechnicalEnsineer 1 36
Subtotal 144 288
Total 244 488
36. The consultants will be required to make their own arrangementsunder the
Consultant's Contract for any translation and interpretation service that may be
required.
a-
JI. The Consultant shall provide for continued staffrng for the entire period of
implementation of the Project, including the requirements for monitoring as
agreed to between the Government and Korea Ex-Im Bank under the Loan.
Depending on the progress of the Project, NHA may require the Consultant to
adjustand regulateincreaseor decreaseoftheir personnel.
[. Rolesof Experts
1. KoreanConsultant
a. Detailed Design
- Team Leader
Team Leader will undertake overall responsibility for the preparation of detailed
designand bid documentsand will also coordinatethe DetailedDesign Team.
- Road DesignEngineer
Road Design Engineers will undertake duties for the preparation of horizontal and
vertical alignment, typical cross section and super elevation, earthworks-cut and fill
pavementdesign, road and tunnel safety facilities, construction schedules,etc.
- Bridge/StructuralEngineer
Bridge/Structural Engineer will be responsible for preparation of drainage and
bridge design.
- Tunnel Engineer
Tunnel Engineer will be responsiblefor tunnel design including Cross section,
Construction Drawing, quantity estimation, technical report for tunnel works
structural analysis,tunnel safety facilities and evaluation of construction method.
- Soil/MaterialEngineer
Soil/Material Engineer will be responsiblefor laboratory tests for construction
materials,soil investigation,etc.
- Hydrologist
Hydrologist will work closely with the Team Leader, international and the national
structuralengineers,and the road designengineerduring the detaileddesignstageto
review documentation,measureand advise on the adequacyof the existing drainage
structures with respect to their position, alignment and capacity to ensure any
deficienciesare detectedand rectificationsare includedin the detaileddesisn.
- Architect
Architect will be responsiblefor preparationof a relevantfacilities of tunnel design.
(Ventilation system,electrical main power substationbuilding, sub-station,tunnel
operationand control building, etc.)
- ElectricEngineer
Electric Engineer be responsiblefor design of tunnel lightning and other
electricaldetails
- Mechanical Engineer
MechanicalEngineerwill be responsiblefor tunnel mechanicalsystems.
EnvironmentalSpecialist
Environmental Specialist will assist the team leader preparation of the
environmentalmanagementplan for the bidding document
- ProcurementSpecialist
ProcurementSpecialist will assist NHA in the evaluation of construction bids,
preparationof bid evaluation repoft, addressingqueries of prospective bidders
during pre-bid meeting and in contract preparation.
Section5. Termsof Reference 71
- Cost/QuantityEstimator
Cost/Quantity Estimator will assist the team leader in preparation of the bill of
quantities(BOQ) for the estimationof constructioncost. He will also be responsible
for assessingprice adjustment.
- Road SafetySpecialist
Road Safety Specialist will be responsible for design of road and tunnel safety
facilities.
- TenderDocumentSpecialist
Tender Document Specialist will undertake duties for the preparation of bidding
documentsand/or addressingfuture queriesrelated to bidding documents.
- Geologist
Geologist will be responsiblefor undertaking geological study of the site and
submittinggeologicalreports.The Geologistwill also indicate any fault lines / earth
quakezonesand will presentthe geologicalmappingof the area.
- GeotechnicalEngineer
GeotechnicalEngineerwill be responsiblefor designingthe geotechnicalstructures
/ features of the project and shall submit the geotechnical report accordingly. He
will also be responsiblefor designingappropriatetunneling strategies.
- Chief Surveyor
Chief Surveyor shall be responsiblefor undertakingsite survey requiredfor design
ofthe project.
The Team Leader will have thorough understandingof the technical design
philosophies and contractual anangementsused for the Project which have been
establishedin the detailedengineeringdesign,historical preservation,traffrc safety
measures, environment mitigation tneasures, public environment policy,
technology transfer and human resourcecapacity building and Project Monitoring
and Evaluation, Team Leader /PI\4/REwill be the in-charge of site supervision
duties. Team Leader /PM/RE will be expected to be well experienced in
construction operations and will have particular responsibility for guiding and
instructing the assistant Highway Engineers and the Inspectors of Works in site
supervisionprocedures.
Section 5 Terms of Reference 72
- Tunnel Engineer
The Tunnel Engineer will require to assessand approve the Contractor tunnel
designs,also responsiblefor advice and instruction for all site supervisionworks
and to assist in site supervision duties and technical review of contractor's
construction means and methods,monitoring tunnel construction progress.
- GeotechnicalEngineer
2. National Consultant
Detailed Design
Bridge/StructuralEngineer(2-positions)
The Bridge/Structural Engineer will assist the Korean Bridge/Structural Engineers
in preparationofdetailed designsconcerned.
Tunnel Engineer(2-positions)
The Tunnel Engineer will assist the Korean Tunnel Engineers in preparation of
detaileddesignsconcerned.
Soil/Material Engineer(2-positions)
The Soil/Material Engineer will assist the Korean Soil/Material Engineer in
preparationof detaileddesignsconcetned.
Hydrologist (2-positions)
The Hydrologist will assist the Korean Hydrologist in preparation of detailed
designsconcerned.
Architect
The Architect will assist the Korean Architect in preparation of detailed designs
concerned.
Electrical Engineer
The Electrical Engineer will assistthe Korean Electrical Engineer in preparation of
detaileddesignsconcemed,
MechanicalEngineer
The MechanicalEngineerwill assistthe Korean MechanicalEngineerin preparation
of detaileddesisnsconcemed.
eAI'
Section 5. Terms of Reference
EnvironmentalSpecialist
The Environmental Specialist will assist the Korean Environmental
preparationof detailed designsconcerned.
Cost/Quantity Estimator
The Cost/Quantity Estimator will assist the Korean Cost/Quantity Estimator
preparationof detaileddesignsconcemed.
Road SafetySpecialist
The Road Safety Specialist will assist the Korean Road Safety
preparationof detaileddesignsconcerned.
ProcurementSpecialist
Procurement Specialist will assist the Korean Procurement Specialist in the
evaluation of construction bids, preparation of bid evaluation repoft, addressing
queries of prospectivebidders during pre-bid meeting and in contract preparation.
TenderDocumentSpecialist
Tender DocumentSpecialistwill assistthe Korean TenderDocument Specialistfor
the preparation of bidding documents and/or addressingfuture queries related to
bidding documents.
Geologist
Geologist will assistthe Korean Geologist for undertakinggeological study of the
site and submittinggeologicalrepofts.
GeotechnicalEngineer
GeotechnicalEngineerwill assistthe Korean GeotechnicalEngineer for designing
the geotechnicalstructures/ features ofthe project and shall submit the geotechnical
report accordingly.
- ChiefSurveyor
Chief Surveyorwill assistthe KoreanChief Surveyorfor undertakingsite survey
requiredfor designofthe project.
b. ConstructionSupervision
- Bridge/Structural
Engineer
The Bridge/StructuralEngineerwill requireto assessandapprovestructuraldesigns
to the Contractor,alsoresponsiblefor adviceand instructionfor all site supervision
works andto assistin site supervisionduties. To be responsible for guidingand
instructingtheInspectorsin site supervisionprocedures.
- TunnelEngineer(2-positions)
The TunnelEngineerwill assistthe KoreanTunnelEngineersin undertakingsite
supervision
duties.
Section 5 Terms of Reference 74
- Soil/MaterialEngineer
The Soil/Mateial Engineer will assist the Korean Soil/Material Engineer for the
implementationof all materials quality control.
- Electric Engineer
Electric Engineer will be responsiblefor supervisionof tunnel lightning and other
electricaldetails
- MechanicalEngineer
Mechanical Engineer will be responsiblefor supervision of tunnel mechanical
systems.
- Architect
The Architect will review architectural and engineering drawings to make sure that
all specification and regulations are being followed, and undertake supervision
duties on site to ensure general compliance of architectural works with shop
drawing, specification and contract requirement.
- EnvironmentalSpecialist
The Environmental Specialist will carry out environment management and
monitoring of the projects, environmentalassessmentand / or implementationof
environmental mitisation measureson site.
SocialDevelopment/ ResettlementSpecialist
Social Development/ ResettlementSpecialistwill assist the governmentofficials
relevantto resettlementissuesand coordinatethe executing agency with the relevant
officials.
Quantity Surveyor
The Quantity Surveyor shall review and certif, on behalf of the consultant the
payment certificates of the contractor.
Inspectors(2-positions)
Inspectorof works will support the residentengineers'office in ensuring quality
constructionand to determine measurement.
Lab Engineer
The Lab Engineer will be responsible for material tests to ensure quality as per
specificationsand will supporl Soil / Material Engineerin this regard.
Chief Surveyor
Chief Surveyor shall be responsible for undertaking site survey required for
supervisionof the project.
&
^P
Section 5. Terms of Reference 75
II. Requirements Experts (Korean Consultant and National Staff, for both detailed
designand constructionsupervisionstages).
Sr
Position Experience* in similar position and in specifiedfield
No
.+
Section5 Terms of Reference
Sr
Position Experience* in similar position and in specified field
No
Sr
Position Experience* in similar position and in specified field
No
Sr
Position Experience* in similar position and in specified field
No
,t+-
Section5. Terms of Reference 79
Sr
Position Experience* in similar position and in specified field
No
Sr
Position Experience* in similar position and in specified field
No
39. The Consultant shall commence the serviceson the "Starting Date" to be stipulated in
the Notice to Proceed.The Services shall be completed within the tentative time frame for
the Project, as indicated in the Project implementation schedule, which is given in the
Appendix I (page 1). NHA may revise the implementationschedulefrom time to time
basedon the progress of the Project, and the additional requirement that may arise during
implementation.
zJ-P
Section5. Terms of Reference 81
4 .2.1Inception Report
41. Within I month from signing the Contract for consulting services,the Consultant
shall submit an Inception Report (3 copies to NHA, and 1 copy to Bank),
containing his understanding the Project, setting up the Consultant's team
organization for the management and supervision of the Works Contract, and
specifyingdutiesand responsibilitiesof experts.T InceptionReport shall contain:
o Project Outline
o Content of the Consultantsservicesover the project duration
o Staffing and organization,responsibilities,and Mobilization plans
o Description of work approach,work distribution, intendedwork organization,
procedures,and circulation
o Lines of reporting and authority
o Overall project schedule,schedulesof work and deliverables,
o Lists of drawingsand deliverableswith schedules
o Graph of approvaltree
o Outline of project management
(ii) The Program Status: cumulative progressof work up to the end of the month and
a forecastof work remainedshall be indicated.
Milestone Status: Status of all milestonesdue which have been achieved during the
month and forecastsof achievementof any missed milestones. and those due in the
next month.
Procurement Report: (i) A summary of all significant procurement activities
performed by the contractors during the month and details of outstanding actions;
(ii) A report of plant and materials which will be incorporated into the works. The
items shall be classified by type as listed in the specifications and the report should
show the statusof shipment activities.
Safety:A review of all safety aspectsduring the month including reports on all
accidentsand actions proposedto prevent fuither occuffence.
Financial: (i) A report of all significant financial matters, reviewing all payments
due and made, and action proposed or taken in respect ta any outstandingmatters;
(ii) a schedule indicating the status of all variations and expenditure forecast; (iii)
and a scheduleof outstanding claims (if any); and (iv) budget and cost control. The
report shall provide interim updatedaccountsof continuing claims.
. Other items to be covered include budget and cost control, resettlementprogress,
estimated time of completion, and problems and issues, public relations, and
potential problems.
44. Within two month of physical completion of the Project, the Consultant will submit
a Project completion report, which provides a detailed evaluation of the project design,
costs,contractors'and consultants'performance,and other details as may be requestedby
NHA and Bank. The Completion Report will be submitted to NHA (3 copies) and Bank (1
copy.).
4.2.5Final Report
4.2.6Submissionof PC-I:
zl.P
Section5. Terms of Reference
i
I
!
Proiects
1. Need for Envirolmental lmpact Assessment(ElA)
,.,,,_
*
4',O
E Section5. Termsof Reference 85
r1
3.
4. Proiect Details
4.1. Introduction
' This sectionshouldmention
the projectname;briefdescription
of the project;
purpose,nature,size of the projectand its importanceto the regionand tlre
country;profileof the projectproponent;and the exactgeographicallor;ationof
the project.
' The landdescription, i.e.village,tehsil,district,stateand extentof the lancjnrL.rst
be mentionedclearly.
' Any litigation(s)
pendingagainstthe proposedprojectand/orany directionsor
orderspassedby any courtof law/statutory authorilyagainslthe prr:jeclis to De
detailedout.
' In case of expansion/modernization of the road project,the environmenlal
compliancestatusfor the existingroadshouldbe explained.
' Nationalstandardsand codes of practicepertaininglo environmentalissues,
which are relevantto the proposedproject,shor-rld be furnished.
4.2. ProiectDescription
4.2.1.This sectionshouldcoverfollowinginformation:
' llighway alignnrentplarr with the help of latestavailable cloud-free satellite imagery of
project alignmenton a 1:50,000 scale, and surroundingarea covering 1Okmon either
side of the proposed right of way showing the details of (i) protected areas (ii) critically
polluted areas as notified (iii) notified eco-sensitive areas, (iv) inler-province anrJ
internationalboundaries
" Alignment plan, with details such as nature of terrain (plain, rolling, hilly), details of
villages, tehsils, districts, latitude and longitudefor important locations falling on the
alignment
r A maP derived from tlie recent satellite imagerycovering aerial distance of j5km frorn
the proposed alignment,delineatingenvironmentalsensitiveareas
'l
" Land-use map of the study area on a : 50,000scale based on recent satelliteimagery
of the study area, delineatingthe crop lands (both single ancJdouble crop), agricultural
plantations,fallow lands, waste lands, water bodies, built-up areas, forest area ancl
other surface features such as railway tracks, ports, airports, rcads ancJ maior
industries
o Area drainage map covering 500 meters on eitherside of proposeclright of way
. Any proposed diversion of drain/canal/rivereither during the coristruc;tionphase o;"
operationalphase
* Detailed ground surveyed map on a 1:2000 scale showing the existirrgfeatures falling
within the right of way, such as trees, archaeological and religious structures.
monurnents,etc.
" lf the proposed roule is passing through low-lyingareas, cietailsof fill materials arid
initialand final levels after fillirrgabove MSL should be provided.
' lf the proposed route invol'res str"ipping,the Cetails cf the area lo
be sir-ipped,
locations,volume and quantityof earth to be removed, and type of soil and proposal
for the utilizationof removed top soil with locationof dump site should be provided
' lf the proposed route involves cutting of earth,the details of area to be
cut, clepthof
cut, locations, soil type, volume and quantity of earth and other materials to be
removed with location of dump site should be provided.
' lf the proposed route is passing through a hilly or avalanche area, the
details shoukJ
be provided.
' lf the proposed route involves tunnelling,the details of the tunnel
and locations of
tunnellingshould be provided.
' lf the road passes through a flood plain of the ri,rer, the details of micro
drainage,
flood passages and information on flood periodicity in the area should be provicled.
' lf the proposed project involves any land reclamation, details for the
activity that
requires land to be reclaimed and lhe area of land to be reclaimed should be
provided.
' lf the proposed route tnvolves any migratorypath of animals, details about
fatrna,
habitat and period of the year in which activitywill take place shouhJbe provide<i.
CJP
Section5. Terms of Reference 87
' lf there is a possibilitythat the constructionof roads will cause destructionof forest,
poaching, reductionin wetlandareas, details are to be provided.
' lf there will be any change in the drainage pattern after the proposed activity,details
of changes should be furnished.
" lf the proposed route is passing through a city or town, with houses and frirnran
frabitationon the either side of the road, the necessity for provisionof service ducis
should be studied.
The detailedEIA and the EIA Reportare preparedin tliis stage.The Scopeof work for the
projectEIA is as follows:
ZJE
fi Section 5 Terms of Reference 88
t
In casethe scopingexerciseindicatesneedfor alternatives,
thischaptershallinclude:
. Descriptionof variousalternatives
suchas locations,
layoutsor technologies
studiecl
. Summaryof adverseimpactsof each alternative
. Selectionof alternative
6.4. Descliption
of the Environment
6.4.1.StudyArea
The followingcomponents
of the environment
shallbe studied:
6.4.2LandEnvironment
6.4.11.
Meteorological
data coveringthe followingpointsshouldbe incorg:oratecl
in the EIA
report
e\b
Section 5. Terms of Reference
'/
t
6 . 4 . 4 .A i r E n v i r o n m e n t
B a s e l i n ed a t a o f a m b i e n t a i r p a r a m e t e r s s, u c h a s R S P M , n i t r o g e nd i o x i d e , s u l p h u rd i o x i c J e ,
carbon monoxide,heavy metals and other harmfulair pollutantsdepending upon the tvpe of
the localion should be monitored.
This data should be collectedin an area extendingat least 5km from the project boundary oy
observation at a number of iocations.Specific importance shoulcJbe attached to areas in
close proximity to the project, say up to 1km. Data for one season, other than monsoon.
should be monitored,as per the NEQS for Ambient Air. The control station should be in the
up-wind/non-impact/non-polluting area.
6 . 4 . 5 .N o i s e
Baseline data on noise pollutioirat the project area and the neighbourhood up to 1 krrr crr
nearest residentialareas is to be monitoredas per the NEOS.
6 . 4 . 6W a t e r E n v i r o n m e n t
6 . 4 . 7 .B i o l o g i c a E
l nvironment
a) Aquatic Ecology: Baseline data of aquatic floia ancl farina al ltre prujecl arrt--a,
including mengroves, marshes and other coastal vegetation, and sand ciunes rrr:ecls
to be ascertained by proper surveys.
b) TerrestrialEcology: Details on secondary data on the existing flora and fauna in tire
study area as well as that within '1Okm of its boundary, carrierCout by an ecologisl,
and a statement clearly specifying whether the study area forms a part of an
ecologicallysensitive area or migratorycorridorof any enclangeredfauna neer1te l.re
provided.
6 . 4 . 8 .E x i s t i n gS o l i dW a s t e D i s p o s a lF a c i l i t i e s
Details of authorized municipal solid waste facilities, biomedical treatment facilities and
hazardouswaste disposal facilitiesin the area should be inventorieriso tlrat thev are utilizecr.
Baseline data at the project area shall incluclethe clemography, particularly on hurnarr
setttements, health status of the communities, existing infrastructure facilities in the
proposed area and area of impact due to the proposed activity. Present employment anC
dE
ai Section5 Terms of Reference 90
t
/
6.4.10. PublicUtilities
Baselinedata of existingpublicutilityinfrastructure
shall be ascertainedand reportedtcr
assess the impacts of the projecton these public utilitiesin order to incorporatedesired
methodsin the EMP and the same shallbe monitoredduringthe construction as well as
operationalphasesof the road/highways.
Anticipatedlmpacts:
fulitigation
Measures:
4-P
Section 5. Terms of Reference 9l
Anticipatedlmpacts:
Anticipatedlmpacts:
a\P
o/ Section 5 Terms of Reference 92
MitigationMeasures:
6.5.4.NoiseEnvironment
AnticipatedInrpacts:
MitigationMeasures:
. Bypass roads to avoid road alignment through noise sensiti.ue areas can be
developed.
. Proper surfacedesign and maintenancecan be adopted.
. Noise barrierscan be provided.Specificationsfor the installationof noise protection
devices, clearly indicating the location, design and material, and also provide for
future maintenancerequirementsshould be provided.
. Predictionmodel outputs should justify the selection of type of the noise barrier ;rrrd
thicknessof the noise barrier,etc.
. Tall leafy and dense vegetationcan be planted between roads and noise seirsitive
areas.
F' Section5. Terms of Reference 93
. The local government and vehicular manufacturers should lte involved to concJuct
awareness campaigns on good practicesof vehicle maintenance,etc. to reduce the
noise emissions.
. Environmental specificationsfor contractors should cover the required safeguarcls
during the design and constructionstage.
6 . 5 . 5 . B i o l o g i c a lE n v i r o n m e n t
Anticipated lmpacts:
ft4itigationMeasures:
Anticipated lmpacts:
MitigationMeasures:
AU
,q Section 5 Terms of Reference 94
6.5.7.SolidWasteManaoement
Anticipatedimpacts
l Waste generatedduring constructionmay impactsoil, agricultureand water quality.
waste generated from workers' camps may impact sanitation,water quality and
a g r i c u l t u r ei n t h e v i c i n i t yo f p r o j e c ta r e a .
Oil spillage/ieakagefrom machines anC rrehicles during constructlorr :;taoe mav
contarninate soil.
fulrtigaiionmeasures
7. AdditionalStudies
' lssues raised during public hearing and the responseof the project proporreni-frslsrl,J
' be preparedin tabular form.
. Plan of action for conservation of natural resources by utilization of fly ash, steel
melting shop's slag and other metallurgicalsolid non-lrazardouswaste should bc
prepared.
" Detailed R&R plan should be prepared with data on the existing socio-ecorrqr;ric
slatus of the population in the study area. Further, a broad plan shotrld be made
consideringthe resettlementof the displaced popr-rlation, site for the rr:sei!ktnrrnt
colony, alternative livelihood concerns/employment and retrabilitation 9f tIe
displacedpeople,civil and housing amenitiesbeing offered.
Detailsof budgetprovisions(capitaland recurring)
for the project-specific
R&R Plarr
for AccidentPrevention
and RoadSafetyManagement Systemshouldbe providecl.
Roaddesignstandardsand safetyequipmentspecifications shouldbe examinecl
ancl
trainingshouldbe providedto ensuretlratdesigndetailstake safety concelnsintcr
account.
Accidentproneareasneedto be identifiedandavoidedimitiqated.
95
Appendix I
Proiect Implementation Schedule
(57 months including selectionof consultants and resettlement period)
Selection for
Consultant
Detailed
Design
Preparationof
bidding &
Selection of
Contractor
Civil works
;l'!i ,;',.
&. Provision :,.1: a\
of Equipment
/\F
Section 6-4.
Sample Form of Contract for Consulting Services
z-l*>
Preface
This sample Contract for Consulting Services has been prepared by the
Export-Import Bank of Korea (hereinafterreferredto as the "Bank") for use by
its Project ExecutingAgencies(hereinafterreferredto as the "Employer") when
o'Consultant")to
they hire a consulting firm (hereinafter referred to as the
provide consulting servicesfor which remunerationis being determinedon the
basis of the time actually spentby the Consultantin carrying out the services.
The use of this contractis encouragedwheneverpossiblefor contractsfi.nanced
partly or wholly by the Bank, as this contract complies with the Guidelines for
the Employmentof Consultantsunderthe EDCF Loan.
The Contract consistsof four parts: the Form of Contract, the General
Conditionsof Contract,the SpecialConditionsof Contract,andthe Appendices.
Partiesusing this sampleContractfor servicesfinancedby the Bank shouldnote
that the GeneralConditionsmust not be modified. Any adjustmentto meet the
Project featuresshould be made only in the SpecialConditions,as specified in
the notesin italic providedfor the individual clauses.
,\ b
98
Table of Contents
GeneralProvisions. r02
Commencement, Completion, Modification and
Termination of Contract. 105
4b-
99
between
And
Dated:
?)<e
tOU- - deo ra Gl O
I. Form of Contract
Time-Based
WITNESSETH:
WHEREAS, the Employer has requested the Consultant to provide certain consulting
servicesas defined in this Contract (hereinafterreferred to as the o'Services");
WHEREAS, the Consultant, having representedto the Employer that it has the required
professionalskills, and personaland technical resources,has agreedto provide the Services
on the terms and conditions set forth in this Contract:
WHEREAS, the terms and conditions of the Contract and paymentsby the Bank, therefore,
shall be subject in all respectsto the terms and conditions of the Loan Agreement, including
the Guidelines for the Employment of Consultantsunder the EDCF Loan. Except as the Bank
may specially otherwise agree,no party other than the Borrower shall derive any rights from
the Loan Agreement or have any claim to the loan proceeds;
.r'
L Eorm (- nnttq ot (Time-Based)
10
I
NOW THEREFORE the Partieshereto hereby agreeas follows:
2. The mutual rights and obligations of the Employer and the Consultant shall be as set
forth in the Contract, in particular:
(a) the Consultantshall carry out the Servicesin accordancewith the provisions ln the
Contract; and
(b) the Employer shall make payments to the Consultant in accordance with the
provisions of the Contract.
IN WITNESS WHEREOF, the Parties hereto, each acting through its duly authorized
representative,have causedthis Contract to be signed in their respectivenames,as of the day
and year first abovewritten.
lAuthorized Representativel
,+P
1A2 II. General Conditions of Contract
1. General provisions
Definitions
Unless the context otherwise requires, the following terms whenever used in
Contract have the following meanings:
(a) "Applicable Law" means the laws and any other instruments having the force of
law in the Government's country, or in such other country as may be specified in
the Special Conditions of Contract, as they may be issued and in force from time
to time.
(b) The "Bank" means the Export-Import Bank of Korea which has been entrusted
by the Government of the Republic of Korea with the operation and management
of the Economic DevelopmentCooperationFund.
(c) "Consultant" means any private or public entity that will provide the Services to
the Employer under the Contract.
(d) "Contract" means the Contract signed by the Parties and all the attached
documentslisted in its Clause1, that is theseGeneralConditionsof Contract,the
Special Conditions of Contract,and the Appendices.
(e) ooDay"meanscalendarday.
(f) "Effective Date" means the date on which this Contract comes into force and
effect pursuantto ClauseGCC2.1.
(g) "Foreign Currency" means any currency other than the curTency of the
Employer's country.
(k) "Personnel" means qualified persons hired by the Consultant or by any Sub-
Consultantsand assignedto the performanceof the Servicesor any part thereof;
"Foreign Personnel" means such professionalsand support staff who at the time
of being so provided had their domicile outside the Government's country;
"Local Personnel" means such professionalsand support staff who at the time of
o'Key
being provided had their domicile inside the Government'scountry; and
Personnel"meansthe Personnelreferredto in ClauseGCC 42@).
(1) "Out-of-Pocket Expenses" means all assignment related costs other than
Consultant's remuneration.
(m)"SCC" means the Special Conditions of Contract by which the GCC may be
amendedor supplemented. 415
-II. GeneralC onditions olContract (Time.Based)-
(n) "services" means the work to be performed by the Consultant pursuant to this
Contract,as describedin Appendix A hereto.
(p) "Third Party" meansany qualified person or entity other than the Government, the
Employer, the Consultantor a Sub-Consultant.
This Contract, its meaning and interpretation, and the relation between the Parties
shall be governedby the Applicable Law.
T,4 Language
This Contract has been executedin the English language,rvhich shall be the binding
and controlling language for all matters relating to the meaning or interpretation of
this Contract. Furthermore, all reports and correspondence required during the
implementationof the Servicesshall be in English.
1.5 Headings
The headingsshall not limit, alter or affect the meaning of this Contract.
t.6 Notices
L6.2 A Party may changeits addressfor notice hereunderby giving the other Party
in writins of suchchanseto the addressin the SCC.
2 \t
rc4 II. General Conditiors olContract (Time=Based)
t.l Location
In case the Consultant consists of a joint venture of more than one entity, the
Members hereby authorize the entity specified in the SCC to act on their behalf in
exercising all the Consultant's rights and obligations towards the Employer under this
Contract, including without limitation the receiving of instructions and paymentsfrom
the Employer.
1.9 AuthorizedRepresentatives
Any action required or permitted to be taken, and any document required or permitted
to be executedunder this Contract by the Employer or the Consultant may be taken or
executedby the officials, as specifiedin the SCC.
1.10 TaxesandDuties
All taxes, duties and levies imposed on the Serviceswithin the Employer's country
provided by the Consultant shall either be exempted or borne by the Employer, as
specifiedin the SCC.
It is the Bank's policy to require that Borrowers (including the beneficiaries of the
Bank loans), as well as Consultantsunder the EDCF-financed contracts, observethe
highest standard of ethics during the selection and execution of such contracts. In
pursuanceof this policy, the Bank:
(a) defines,for the purposeof this provision,the terms set forth below as follows:
(i) "corrupt practice" means the offering, giving, receiving, or soliciting of,
directly or indirectly, any thing of value to influence the action of a public
official in the selectionprocessor in contractexecution; and
(b) will cancel the portion of the loan allocated to a contract if it determinesat any
time that representativesof the Employer or of a beneficiary of the loan were
engaged in corrupt or fraudulent practices in competing for the contract in
question or the execution of that contract, without the Employer having taken
timely and appropriateaction satisfactoryto the Bank to remedy the situation; and
This Contract shall come into force and effect on the date (the "Effective Date") of
the Employer's notice to the Consultant instructing the Consultant to begin carrying
out the Services. This notice shall confirm that the effectiveness conditions, if any,
listed in the SCC have beenmet.
If this Contract has not become effective within such time period after the date of the
Contract signed by the Parties as specified in the SCC, the Employer or the
Consultant may, by not less than twenty-one (21) days written notice to the other
Party, declarethis Contract to be null and void, and in the event of such a declaration
by either Party, neither Party shall have any claim against the other Party with respect
hereto.
This Consultant shall begin carrying out the Services not later than the number of
days after the Effective Date specified in the SCC.
(a) Any modification or variation of the terms and conditions of this Contract,
including any modification or variationof the scopeof the Services,may only be
made by a written agreementbetween the Parties. Pursuant to Clause GCC 7.2
hereof, however, each Party shall give due consideration to any proposals for
modification or variation madeby the other Party.
,E
106- II. General Conditions ofContract (Time-Rased)
2.7 ForceMajeure
2.7.1 Definition
(b) Force Majeure shall not include (i) any event which is caused by the
negligence or intentional action of a Party or such Party's Sub-Consultant
or agents or employees,nor (ii) any event which a diligent Party could
reasonablyhave been expectedboth to take into accountat the time of the
conclusion of this Contract, and avoid or overcome in carrying out its
obligationshereunder.
(c) Force Majeure shall not include insufficiency of funds or failure to make
any payment required hereunder.
The failure of a Party to fulfill any of its obligations hereunder shall not be
consideredto be a breach of this Contract insofar as such inability arises from
an event of Force Majeure, provided that the Party affected by such an event
(a) has taken all reasonableprecautions, due care and reasonablealtemative
measrilesin order to carry out the terms and conditions of this Contract, and
(b) has informed the other Party as soon as possible about the occurrence of
such an event.
(b) A Party affected by an event of Force Majeure shall notify the other Party
of such event as soon as possible, and in any case not later than fourteen
(14) days following the occurrenceof such event, providing evidenceof
the nature and causeof such event, and shall similarly give a written notice
of the restorationof normal conditionsas soonas possible.
2!>
II. GeneralConditionsofCorrtract (Time-Based 107
(c) Any period within which aPafiy shall, pursuantto this Contract, complete
any action or task, shall be extended for a period equal to the time during
which such Party was unable to perform such action as a result of Force
Majeure.
(d) During the period of their inability to perform the Servicesas a result of an
event of Force Majeure, the Consultant, upon instructions by the Employer,
shall either:
(i) demobilize, in which case the Consultant shall be reimbursed for costs
they reasonably and necessarily incurred, and, if required by the
Employer, in reactivating the Services;or
(ii) continue with the Services to the extent possible, in which case the
Consultantshall continue to be paid under the terms of the Contract and
be reimbursedfor additional costsreasonablyand necessarilyincurred.
2.8 Suspension
The Employer may, by written notice of suspensionto the Consultant, suspend all
payments to the Consultant hereunder if the Consultant fails to perform any of its
obligations under this Contract, including the carrying out the Services,provided that
such notice of suspension(i) shall specify the nature of the failure, and (ii) shall
request the Consultant to remedy such failure within a period not exceeding thirty
(30) days after receiptby the Consultantof suchnotice of suspension.
2 . 9 Termination
2 . 9 . 1 By the Employer
The Employer may terminate this Contract in caseof the occurrenceof any of
the eventsspecifiedin paragraph(a) through (h) of this ClauseGCC 2.9.1. In
such an occuffence,the Employer shall give a not less than thirty (30) days'
prior written notice of termination to the Consultant, and sixty (60) days' in
caseof the eventreferred to in (h).
(c) If the Consultantfails to comply with any final decision reachedas a result
of arbitration proceedingsprrsuant to ClauseGCC I hereof.
(d) If the Consultant,in the judgment of the Employer, has engagedin conupt
or fraudulent practices in competing for or in executingthis Contract.
(e) If the Consultant submits to the Employer a false statement which has
material effect on the rights, obligations or interestsof the Employer.
(g) If the Loan Agreement has been terminated or the Bank has suspended
disbursementsunder the Loan Agreement.
(h) If the Employer, in its sole discretion and for any reason whatsoever,
decidesto terminatethis Contract.
The Consultantmay terminate this Contract, by not less than thirty (30) days'
prior notice to the Employer, in case of the occurrenceof any of the events
specifiedin paragraphs(a) through (d) of this ClauseGCC 2.9.2.
(a) If the Employer fails to pay any money due to the Consultant pursuant to
this Contract and not subject to dispute pursuant to Clause GCC 8 hereof
within forty-five (45) days after receiving a written notice from the
Consultantthat such payment is overdue.
(b) If, as the result of Force Majeure, the Consultant is unable to perform a
materialportion of the Servicesfor a period of not lessthan sixty (60) days.
(c) If the Employer fails to comply with any final decision reached as a result
of arbitration pursuantto ClauseGCC 8 hereof.
2.9.4 Cessation
of Services
(c) in the event that the Consultant is found to be in breach of the Bank's
Fraud and Corruption requirement, there shall be no payment or
reimbursementin respect of any fraudulent or corrupt practices performed
by the Consultant.
as faithful advisers to the Employer, and shall at alI times support and
safeguard the Employer's legitimate interests in any dealings with Sub-
Consultantsor Third Parties.
The Consultant shall hold the Employer's interests paramount, without any
consideration for future work, and strictly avoid conflict with other assignmentsor
their own corporateinterests.
(a) The payments to the Consultant pursuant to Clause GCC 6 hereof shall
constitute the Consultant's only payment in connection with this Contract
and, subjectto Clause GCC 3.2.2 hereof,the Consultant shall not accept
for its own benefit any trade commission, discount, or similar payment in
connection with activities pursuant to this Contract or in the dischargeof
its obligations hereunder, and the Consultant shall use its best efforts to
ensure that any Sub-Consultants,as well as the Personnel and agents of
either of them, similarly shall not receive any such additional payment.
The Consultant agrees that, during the term of this Contract and after its
termination, the Consultant and any entity affiliated with the Consultant, as
well as any Sub-Consultantshall be disqualified from providing goods, works
or services(other than consulting services)resulting from or directly related to
the Consultant's Servicesfor the preparationor implementation of the Project.
The Consultant shall not engage,and shall cause their Personnel as well as
their Sub-Consultantsand their Personnel not to engage, either directly or
indirectly, in any business or professional activities that would represent a
conflict with the activities assisnedto them under this Contract.
IL Generaleonditionssfeontrast Cfime-Based) lll
3.3 Confidentiality
Except with the prior written consent of the Employer, the Consultant and its
Personnelshall not at any time communicateto any person or entity any confidential
information acquired in the course of the Services, nor shall the Consultant and its
Personnelmake public the recommendationsformulated in the courseof, or as a result
of, the Services.
The Consultant (a) shall take out and maintain, and shall cause any Sub-Consultants
to take out and maintain, at their (or the Sub-Consultants',as the case may be) own
cost but on terms and conditions approved by the Employer, insurance against the
risks, and for the coverage,as shall be specifiedin the SCC; and (b) at the Employer's
request,shall provide evidence to the Employer showing that such insurancehas been
taken out and maintained and that the current premiums have been paid. The
Employer undertakesno responsibility in respect of any life, health, accident, travel
and other insurance which may be necessaryor desirable for the Personnel or Sub-
Consultants and specialists associatedwith the Consultant for the purposes of the
Services,nor for any members of any family of any such person.
3.6 ReportingObligations
(a) The Consultant shall submit to the Employer the reports and documentsspecified
in Appendix A hereto, in the form, in the numbers and with the time periods set
forth in the said Appendix.
(b) Final reports shall be delivered in CD ROM in addition to the hard copies as
specifiedin the said Appendix.
(c) The Consultantshall report to the Employer promptly the occurrenceof any event
or condition which might delay or prevent completion of any significant part of
the Project in accordance with the agreed schedules, and indicate what steps
should be taken to meet the situation.
,\-b
_ lI2 IL General Conditions-oflContract (Ti
All plans, drawings, specifications, designs, reports, other documents and software
prepared by the Consultant for the Employer under this Contract shall become and
remain the property of the Employer, and the Consultant shall, not later than upon
termination or expiration of this Contract,deliver all such documentsto the Employer,
together with a detailed inventory thereof. The Consultant may retain a copy of such
documentsand software, and use such software for their own use with prior written
approval of the Employer. If license agreementsare necessaryor appropriatebetween
the Consultant and third parties for purposesof development of any such computer
programs, the Consultant shall obtain the Employer's prior written approval to such
agreements,and the Employer shall be entitled at its discretion to require recovering
the expenses related to the development of the program(s) concerned. Other
restrictions about the future use of these documents and software, if any, shall be
specifiedin the SCC.
Equipment, vehicles and materials made available to the Consultant by the Employer,
or purchasedby the Consultant wholly or partly with funds provided by the Employer,
shall be the property of the Employer and shall be marked accordingly. Upon
termination or expiration of this Contract,the Consultant shall make available to the
Employer an inventory of such equipment,vehicles and materials and shall disposeof
such equipment and materials in accordancewith the Employer's insttuctions. While
in possessionof such equipment, vehicles and materials, the Consultant, unless
otherwise instructed by the Employer in writing, shall insure them at the expenseof
the Employer in an amount equal to their full replacementvalue.
Equipment or materials brought into the Government's country by the Consultant and
the Personneland used either for the Project or personaluse shall remain the property
of the Consultantor the Personnelconcetned,as applicable.
A.P
-IL GeneralConditions-olContract (Time=Based)- l13
4.1 General
The Consultant shall employ and provide such qualified and experiencedPersonnel
and Sub-Consultantsas are required to carry out the Services.
(c) If additional work is required beyond the scope of the Services specified in
Appendix A, the estimatedperiods of engagementof Key Personnelset forth in
Appendix C may be increasedby agreementin writing between the Employer and
the Consultant.In casewhere paymentsunder this Contract exceedthe ceilings set
forth in Clause GCC 6.1(b) of this Contract,this will be explicitly mentionedin
the agreement.
(a) Working hours and holidays for Key Personnelare set forth in Appendix C hereto.
To account for travel time, Foreign Personnel carrying out Services inside the
Employer's country shall be deemed to have commenced, or finished work in
respect of the Services such number of days before their arrival in, or after their
departurefrom the Employer's country as is specified in Appendix C hereto.
zx,
114 II. GeneralConditionsolCortracJ(Timc.Bastd)
(b) The Key Persormel shall not be entitled to be paid for overtime nor to take paid
sick leave or vacation leave exceptas specifiedin Appendix C hereto,and except
as specified in such Appendix, the Consultant's remuneration shall be deemedto
cover these items. All leave to be allowed to the Personnelis included in the staff-
months of service set forth in Appendix C. Any taking of leave by Personnelshall
be subject to the prior approval by the Consultant who shall ensurethat absence
for leave pu{poses will not delay the progress and adequate supervision of the
Services.
(a) Except as the Employer may otherwise agree, no changes shall be made in the
Personnel.If, for any reasonbeyond the reasonablecontrol ofthe Consultant,such
as retirement, death, medical incapacity, among others, it becomes necessaryto
replace any of the Personnel, the Consultant shall forthwith provide as a
replacementa personof equivalentor betterqualifications.
(b) If the Employer (i) finds that any of the Personnel has committed serious
misconduct or has been chargedwith having committed a criminal action, ot (ii)
has reasonable cause to be dissatisfied with the performance of any of the
Personnel,then the Consultantshall, at the Employer's written requestspecifying
the grounds therefore, forthwith provide as a replacement a person with
qualifications and experienceacceptableto the Employer.
4.6 ResidentProjectManager
If required by the SCC, the Consultant shall ensure that at all times during the
Consultant's performance of the Services in the Government's country a resident
project manager,acceptableto the Employer, shall take charge of the performance of
suchServices.
II. General Conditions of Contract (Time.Based) - 115
Unless otherwise specified in the SCC, the Employer shall use its best efforts to
ensurethat the Government shall:
(a) Provide the Consultant, Sub-Consultantsand Personnel with work permits and
such other documents as shall be necessary to enable the Consultant, Sub-
Consultantsor Personnelto perform the Services.
(b) Anange for the Personnel and, if appropriate, their eligible dependentsto be
provided promptly with all necessaryentry and exit visas, residence permits,
exchange permits and any other documents required for their stay in the
Government'scountry.
(c) Facilitate prompt clearance through customs of any property required for the
Servicesand of the personaleffects of the Personneland their eligible dependents.
(d) Issue to officials, agents and representatives of the Government all such
instructions as may be necessaryor appropriate for the prompt and effective
implementationof the Services.
(f) Grant to the Consultant, any Sub-Consultantsand the Personnelof either of them
the privilege, pursuantto the Applicable Law, of bringing into the Govemment's
country reasonableamounts of foreign cuffency for the purposesof the Services
or for the personal use of the Personneland their dependentsand of withdrawing
any such amounts as may be earnedtherein by the Personnel in the execution of
the Services.
(g) Provide to the Consultant, Sub-Consultants and Personnel any such other
as may be specifiedin the SCC.
assistance
The Employer warrants that the Consultant shall have, free of charge, unimpeded
accessto all land in the Government's country in respect of which accessis required
for the performance of the Services. The Employer will be responsible for any
damage to such land or any property thereon resulting from such access and will
indemnify the Consultant and eachof the Personnelin respectof liability for any such
damage,unless such damageis causedby the default or negligence of the Consultant
or any Sub-Consultantsor the Personnelof either of them.
_ l+5 -Il Generaleonditionsof eontract(Time-Based
(a) The Employer shall make available to the Consultant and the Personnel, for the
pu{poses of the Services and free of any charge, the services, facilities and
property describedin Appendix E at the times and in the manner specified in said
Appendix E.
(b) In casethat such services,facilities and property shall not be made available to the
Consultant as and when specified in Appendix E, the Partiesshall agreeon (i) any
time extension that it may be appropriate to grant to the Consultant for the
performance of the Services,(ii) the manner in which the Consultant shall procure
any such services, facilities and property from other sources, and (iii) the
additional payments, if any, to be made to the Consultant as a result thereof
pursuantto ClauseGCC 6.1(c)hereinafter.
5.4 Payment
5.5 CounterpartPersonnel
(a) The Employer shall make available to the Consultant free of charge such
professional and support counterpartpersonnel,to be nominated by the Employer
with the Consultant'sadvice,if specifiedin Appendix E.
(b) If counterpart personnel are not provided by the Employer to the Consultant as
and when specified in Appendix E, the Employer and the Consultant shall agree
on (i) how the affected pafi of the Services shall be carried out, and (ii) the
additional payments, if any, to be made by the Employer to the Consultant as a
result thereofpursuantto ClauseGCC 6.1(c) hereof.
(b) Except as may be otherwise agreedunder Clause GCC 2.6 and subject to Clause
GCC 6.1(c), paymentsunder this Contractshall not exceedthe ceilings specified
in the SCC.
c)P
- lL General eonditions ofeontract (Time-Based) lll
(a) Subjectto the ceilings specifiedin ClauseGCC 6.1(b) hereof,the Employer shall
pay to the Consultant (i) remuneration as set forth in Clause GCC 6.2(b)
hereunder,and (ii) out-of-pocket expensesas set forth in Clause GCC 6.2(c)
hereunder. Unless otherwise specified in the SCC, said remuneration shall be
fixed for the duration of the Contract.
(b) Payment for the Personnelshall be determined on the basis of time actually spent
by such Personnelin the performanceof the Servicesafter the date determined in
accordancewith ClauseGCC 2.3 and Clause SCC 2.3 (or such other date as the
Parties shall agree in writing), at the rates referred to in Clause SCC 6.2(b), and
subjectto price adjustment,if any, specifiedin ClauseSCC 6.2(a).
(d) The remuneration rates referred to under paragraph(b) here above shall cover: (i)
such salaries and allowances as the Consultant shall have agreed to pay to the
Personnel as well as factors for social charges and overhead (bonuses or other
means of profit-sharing shall not be allowed as an element of overhead), (ii) the
cost of backstopping by home offrce staff not included in the Personnellisted in
Appendix C, and (iii) the Consultant'sfee.
(e) Any rates specified for Personnelnot yet appointed shall be provisional and shall
be subject to revision, with the written approval of the Employer, once the
applicable salariesand allowancesare known.
(f) Paymentsfor periods of lessthan one month shall be calculatedon an hourly basis
for actual time spent in the Consultant's home office and directly attributable to
the Services(one hour being equivalentto llIT6th of a month) and on a calendar-
day basis for time spent away from home offrce (one day being equivalent to
1/30tnof a month).
Though prices are quotedin US Dollars, the ContractPrice shall be made and paid in
Korean Won, unlessspecifiedotherwisein the SCC. The conversionshall be made at
the averageof the telegraphictransfer selling rates of Korean Won against US Dollar
as quoted and publicly displayedby the Bank, during the one month period from the
sixteenth (16th) day of two calendar months prior to the month when the first
procurement contract for the consulting service is signed respectively,to the fifteenth
(15'n)day of one calendarmonth prior thereto.
,tE'
I 18 I. General Conditions of Contracl (Time'Based)
(a) Within the number of days after the Effective Date specified in the SCC, the
Employer shall causeto be paid to the Consultant advancepayments as specified
in the SCC. When the SCC indicate advance payment, this will be due after
provision by the Consultant to the Employer of an advance payment guarantee
acceptable to the Employer in an amount (or amounts) specified in the SCC.
Such guarantee(i) to remain effective until the advancepayment has been fully
set of[, and (ii) to be in the form set forth in Appendix F hereto, or in such other
form as the Employer shall have approved in writing. The advancepayments will
be set off by the Employer in equal installaments against the statementsfor the
number of months of the Services specified in the SCC until said advance
paymentshave been fully set off.
(b) As soon as practicable and not later than fifteen (15) days after the end of each
calendar month during the period of the Services, or after the end of each time
intervals otherwise indicated in the SCC, the Consultant shall submit to the
Employer, in duplicate,itemized statements,accompaniedby copies of invoices,
vouchers and other appropriate supporting materials, of the amounts payable
pursuantto ClausesGCC 6.3 and GCC 6.4 for such month, or any other period
indicated in the SCC. Separatestatementsshall be submitted for payments from
foreign and local curency portions. Each statementshall distinguish that portion
of the total eligible costs which pertains to remuneration from that portion which
pertains to out-of-pocket expenses.
(c) The Employer shall pay the Consultant's statementswithin sixty (60) days after
the receipt by the Employer of such statementswith supporting documents. Only
such portion of a statementthat is not satisfactorily supported may be withheld
from payment. Should any discrepancybe found to exist between actual payment
and costs authorized to be incurred by the Consultant, the Employer may add or
subtract the difference from any subsequentpayments. Interest at the annual rate
specified in the SCC shall become payable as from the above due date on any
amount due by, but not paid on, such due date.
(d) The final payment under this Clauseshall be made only after the final report and a
final statement,identified as such, shall have been submitted by the Consultant
and approved as satisfactoryby the Employer. The Services shall be deemed
completed and finally accepted by the Employer and the final report and final
statementshall be deemedapproved by the Employer as satisfactory ninety (90)
calendar days after receipt of the final report and final statementby the Employer
unless the Employer, within such ninety (90) day period, gives written notice to
the Consultant specifying in detail deficiencies in the Services,the final report or
final statement. The Consultant shall thereupon promptly make any necessary
corrections, and thereafterthe foregoing process shall be repeated.Any amount,
which the Employer has paid or causedto be paid in accordancewith this Clause
in excessof the amountsactually payable in accordancewith the provisions of this
Contract, shall be reimbursedby the Consultant to the Employer within thirty (30)
rI. GeneralCondilions olContract (Time"Based) 119
days after receipt by the Consultant of notice thereof. Any such claim by the
Employer for reimbursementmust be made within twelve (12) calendar months
after receipt by the Employer of a final report and a final statementapproved by
the Employer in accordancewith the above.
(e) All payments under this Contract shall be made to the accountsof the Consultant
specifiedin the SCC.
(g) With the exception of the final payment under (d) above, payments do not
constituteacceptanceof the Servicesnor relieve the Consultantof any obligations
hereunder.
The Parties underlakesto act in good faith with respect to each other's rights under
this Contract and to adopt all reasonablemeasures to ensure the realization of the
objectivesof this Contract.
The Parties recognize that it is impractical in this Contract to provide for every
contingency which may arise during the life of the Contract, and the Parties hereby
agree that it is their intention that this Contract shall operate fairly as between them,
and without detriment to the interest of either of them, and that, if during the term of
this Contract either Party believes that this Contract is operating unfairly, the Parties
will use their best efforts to agree on such action as may be necessaryto remove the
causeor causesof such unfaimess,but no failure to agree on any action pursuant to
this Clauseshall give rise to a disputesubjectto arbitrationin accordancewith Clause
GCC 8 hereof.
zv
-tZO tt.C*
8. Settlementof Disputes
If either Party objects to any action or inaction of the other Party, the objecting Party
may file a written Notice of Dispute to the other Party providing in detail the basis of
the dispute.The Party receivingthe Notice of Dispute will considerit and respondin
writing within 14 days after receipt. If that Party fails to respond within 14 days, or
the dispute cannot be amicably settled within 14 days following the responseof that
Parly, ClauseGCC 8.2 shall apply.
Any dispute between the Parties as to matters arising pursuant to this Contract that
cannot be settled amicably according to Clause GCC 8.1 may be submitted by either
Party for settlementin accordancewith the provisions specified in the SCC.
IIL SpceialConditionsof Contac (Ths-Based)_ 12l
(Clausesin brackets { } are optional; all notesshould be deleted in the final text.)
Consultant:
Attention:
Telephone:
Facsimile:
E-mail:
{1.8} {The Member in Chargeis [insert nameof memberJ]
,*Y
{2.r\ Korean EXIM Bank approval is condition precedentfor the contract to come into
force and effect. The Employer's Notice to Consultantshall be issuedseparately
for:-
(1) DetailedDesign
(2) TenderingAssistance
(3) ConstructionSupervision.
)) The time period shall be one month or such other time period as the parties may
agreein writing.
2.3 The time period from respectiveNotice to Commencementshall be:-
(a) Third party motor vehicle liability insurancein respectof motor vehicles
operatedin the Government's country by the Consultant or its Personnel
or any Sub-Consultantsor their Personnel,with a minimum coverage of
Rs. l Million;
(b) Third party liability insurance, with a minimum coverage of Rs. 5
Million.
(c) Professional liability insurance, with a minimum coverage of Twice
contract amount as minimum cover.
(d) Consultant'sliability and workers' compensationinsurancein respectof
the Personnelof the Consultant and of any Sub-Consultants,in accordance
with the relevant provisions of the Applicable Law, as well as, with
respect to such Persorurel,any such life, health, accident, travel or other
insuranceas may be appropriate;and
(e) Insuranceagainst the loss of damageto (i) equipment purchasedin whole
or in part with funds provided under this Contract, (ii) the Consultant's
property used in the performanceof the Services,and (iii) any documents
preparedby the Consultant in the performanceof the Services.
{3.s(c)} The other actions are:
The Consultant shall get approval of the Client before taking the following
actions:
i) Issue Variation Orders to the Contractors except in case of
emergencyto protect life and / property;
ii) While communicating formal approval for any time extension to the
Contractor (s);
iii) While communicating formal approval against any cost claim (s) to the
Contractor (s); and
Ry=Rlo" -,
{" lo.t " *|l
where fiy is the adjusted remuneration, Ryois the remuneration payable on
the basis of the rates set forth in Appendix D for remuneration of foreign
personnel, 17is the official index for salaries in the country of the foreign
personnel for the first month for which the adjustment is supposedto have
effect, and lyois the official index for salaries in the country of the foreign
personnelfor the month of the date of the Contract.
(b) Remuneration paid for local personnel pursuant to the rates set forth in
Appendix D shall be adjusted every [insert numberJ months (and, for the
first time, with effect for the remuneration earned in the [insert numberJth
calendar month after the date of the Contract) by applying the following
formula:
It
R 1= R 1 e x t '
tlo
6.2(b) The rates for Foreign Personneland for the Local Personnel be paid are
forth in Appendix D.
The remuneration rates have been agreed upon based on the representations
made by the Consultantsduring the negotiation of this Contract with respect to
the Consultants' costs and charges indicated in the form "Consultants'
Representationsregarding Costs and Charges" contained in the Appendix
attachedto Section 4 "Financial Proposal - Sarnple Forms" of the RFP, and
submitted by the Consultants to the Employer prior to such negotiation. The
agreed remuneration rates are evidenced in the form 'oBreakdown of Agreed
Fixed Rates in Consultants' Contract," executed by the Consultants at the
conclusion of such negotiation; a model of such a form is attachedat the end of
these SCC as Model Form I. Should these representationsbe found by the
Employer (either through inspections or audits pursuant to Clause GCC 3.8
hereof or through other means) to be materially incomplete or inaccurate, the
Employer shall be entitled to introduce appropriate modifications in the
remuneration rates affected by such materially incomplete or inaccurate
representations.Any such modification shall have retroactive effect and, in case
remuneration has already been paid by the Employer before any such
modification, (i) the Employer shall be entitled to offset any excess payment
against the next monthly payment to the Consultants, or (ii) if there are no
fuither payments to be made by the Employer to the Consultants, the
Consultants shall reimburse to the Employer any excesspayment within thirty
(30) days of receipt of a written claim of the Employer. Any such claim by the
Employer for reimbursementmust be made within twelve (12) calendarmonths
after receipt by the Employer of a final report and a final statementapproved by
the Employer in accordancewith ClauseGCC 6.4(d) of this Contract.)
6.2(c) The out-of-pocket expensesto be paid are set forth in Appendix D.
6.3 The Contract Price shall be made and paid rn Korean Won.
124 III. SpecialConditionsof Contract(Time-Based)
S€€Noteto FormonClauseScC62(bxii)
Personnel 2 J 4 5 6 7 8
Field
I aspercentage
Expressed of 1
2 aspercentage
Expressed of4
Signature Date
Name:
Title:
'qa 'tod a^Daluouozo^'tod aroal4cts
'tod aun1"tatoo1 l(un 'ruautaquua:((n)t't
fi 329 asnnp) puuos.tad uZ1a"tog"tof patuu'rarcg
aql lo r(4unot aql u.to"{puz ol aunt p^Dq llauuos,Iadrby "tol4,to,t4lo s.lnoLlaql a"taqts!7
'E1qBno.try
I-J ut s,rpuuosnd "naqtot nadsa"t
qilil uoryowrotut awos !(aTqDIm^otpoa4o ll suuw1nsuo)-qnspad'o'tddnlo $t7 t-)
'["uunoc
s,luaurura(roD aql aplsflo \n/n ol pauSrcso aq ot puuos'ta4 tay nl It sD au,2s t-)
'puuosrad pcol hy 'to!
tt slt uo!rcru.tolu1
awng Z-J
c
pun' t't1t,rno
'qcna rct sqluout-.ffws
s,luawula^oD ary m 4.ro//to1pau&ssn aq oi puuosra1 u7p"rottay lo suo4ncE[t1onb
'saunu puoJ sap11
Lunwturutpuo suotldr"tcsapqof parywap '[a1qo1mmtpoa4n t! t-)
;rapun$!T :aroN
TflNNOSUSd AfllX UO.{
xuoa\ do sunoH - sJNvrrnsNoJ-sos (INY'If,NNoSutrdAtrX - J XIONf,ddV
'pailrutqnsaq ol a"n sLtoda.toufi 'cxaluorsstutqns
,,'alqnnlddn loN,, ahq ap$
'tcuanba.{ '\nut"rol
.{o sapp :waql a(rra)at ol suosnd lsl.toda"tto srya\un puv ts!7 :aroN
srNf,hrflurnof,u oNrruodflu - fl xl(INf,ddY
'c1a'.tatoldwg aqt tq pad.otddnaq ot syszt cg[1cads'sqsnrlua"tffip .tol acunu'r"tol'tadto
acold 'syszt snouna,lo uotrlaldwoc,tot sapp 'suotlnqo8aup)ruqcat 3u1mp ruDilnsuoJ aql puo
ntopwg aqt tQ ruo paynw acuanlay to sw'tal pu{ aqt apnpw 1ym npuaddy sry1 :arcN
sflJr^uf,s ,{o NorrdruJsf,o - Y xl(INf,ddY
'AI
strJr(INtrddY
(pesug-eun1)sectpu
LV-Appendices(Tuoc-Bqlpd) 129
ApprNorxD - Suivrvrn.Ry
oF Cosr Esrwnrus
Costs
Item Foreign Local Remarks
Currency Currency Sub Total
Portion Portion
Remuneration
Out-of-Pocket
Expenses
Total
Note: Provide the summaryof cost estimatesin the currencypursuant to Clause GCC 6.3 and
ClauseSCC 6.3.
Remuneration:
(a) Per diem allowancesfor each of the Foreign or Local Personnelfor every day
in which such Personnelshall be absent from his home office and shall be
outside the Employer's country.
F-l Services,facilities and property to be made available to the Consultant by the Employer.
Date:
It is a condition for any claim and payment under this guaranteeto be made that the advance
payment referred to above must have been received by the Consultants on their account
number at [name and addressof BankJ.
The maximum amount of this guaranteeshall be progressively reduced by the amount of the
advance payment repaid by the Consultants as indicated in copies of certified monthly
statementswhich shall be presentedto us. This guaranteeshall expire, at the latest, upon our
receipt of the monthly payment certificate indicating that the Consultants have made full
repaymentoftheamountoftheadvancepayment,oronthe-dayof-,2-,,
whichever is earlier. Consequently, any demand for payment under this guaranteemust be
received by us at this office on or before that date.
This guaranteeis subject to the Uniform Rules for Demand Guarantees,ICC Publication No.
458.
Isignature(s)J
Note: All italicized text is for indicative purposes only to assist in preparing this form and
shall be deletedfromthefinal product.
July 2014
DETAILED EVALUATION CRITERIA
CONSULTING SERVICES FOR DETAILED ENGINEERING DESIGN AND
CONSTRUCTION SUPERVISION OF THE MALAKAND TUNNEL
CONSTRUCTION PROJECT
1. Overview:
Evaluation of each Technical Proposal shall be carried out in compliance with 2
stepsas follows;
The Consultantmust gaina minimum of 750 points for his technicalproposal and the
points obtainedfor each criterion (from No.l to 3) must be 50 Yoor more of the total
points assigned.
Evaluation results shall be ranked from the highest to lowest. The evaluation results
shall be submitted to Korea Eximbank and Ministry of Transport for approval. The
highest-rankedConsultantshall be invited to enter into financial negotiation.In the case
that the Partiesare unableto reachan agreementon financial issues,the Employer shall
invite the next highest ranked Consultant to enter into financial negotiation, until a
satisfactorycontract is obtained.
z-\t
2. Preliminary Examination (Step 1):
Each submitted Technical Proposal shall be examined its eligibility for and
conformity with the stipulationsin the RFP as follows.
Sr. Result
Items
No. Pass Fail
Submissionof aTechnical Proposalwithin due time
I
at the designatedlocation.
a
Submissionof eligible Joint VentureAgreementin
J
caseof a Joint Venture
ProperPower of Attorney and eligible signatures
4
presenton the TechnicalProposal.
One Consultantshall participate in only one
5 proposalas the Prime Consultant or a Member of
Joint Venture.
TechnicalProposalshall not include any Financial
6
information
Submissionof Form of "Anti-Corruption andAnti-
7
MalpracticeDeclaration".
Submissionof sufficientnumberof copiesof
8
proposals.
The validity period of the proposalmeetsthe
9
requirementin the RFP.
. Each of the abovecriterionsshall be examined"Pass"or o'Fail".
o A technical proposal shall be disqualified if any one of the above criteria is
examined o'Fail". This technical proposal will not be continuous evaluatedin
detailedevaluationstep.
ci\b
3. Evaluation Criteria and Weighting System(Step2):
d-P
B. DETAILED EVALUATION ON TECHNICAL PROPOSAL
Sub-
Classification Point Detail Evaluation
Score
Number of projects undertaken with
the minimum total lensth of tunnel
more than 1.0 km.
In case of projects undertaken as a
joint venture, number of projects shall
be multiplied by the ratio of
No. of
shareholding and rounded off to whole
projects
number.
Experience in with the
similar projects Detailed
r0s 50 The following rating system shall be
i.e. road turmel Design
projects. consulting applied:
service,
Above 10 Projects 100%
8-10 Projects 90%
5-7 Projects 80%
2-4Projects 70%o
1 Project 50%
4+
Classification Point Evaluation
Position
i _ i International
International Consultants (Korean Nationals)
Consultants (Korean Nationals) !i
iI. 250 Points
i : (Detailed Design)
l0
10
IO
i i^ i
i p. : ueologlst 10
l5
10
i : International Consultants i
:IIl nO points
170 points
(Con;{rucfionSupervision) i
i a. j Team Leader/PM/ResidentEngineer 65
: b. i Tunnel Engineer ;;
35
ti
i d. i GeoTechnicalEngineer 35
i : National Consultants
:IIIi i 100 points
100 points
i
10
,10
: b. i Road Engineer-.22
RoadD_esign
Design_Engineg! .io
Engineer:2
Bridge/Structure i 10
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i i (ConstructionSupervision) i i
i a. : Bridge/StructureEngineer , 20 :
! U. i TunnelEngineerI i 20 i
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Note: All Foreign Stffi must be Korean Nationality, non Korean Nationality will be given zeropoint.
Sr.
Evaluation Criteria Evaluation Percentage(o/o)
No.
I General qualifications 30
z Suitability for the Services 60
J Experiencein region and language 10
Total 100
Sr. Rating
General Qualification
No.
I Educational Background & Qualification
- Ph.D. / P.E.(ProfessionalEngineer) or Equivalent t00%
(e.g., Charted Engineer (C.E.) etc.)
- MasterDegree 90%
- Bachelor Degree 70%
- below Bachelor Desree 50%
D,P
3.2.2Suitabilityfor the Services(60% points)
For evaluationof the suitability for the services,the following ratingsshall be used.
5 projectsor
Minimum 10 years of relevant Minimum 10 years t00%
more
of relevant experienceand 8 years of experiencein
a
Bridge/ Structure position as Bridge Design Engineer of basic and/or 4 projects 80%
J
Engineer detailed design consulting service in road project.
3 projects 60%
Minimum 2 design consulting service experiences
completedbridgeproject. 2 project 40%
5 projectsor
100%
more
Minimum 10 years of relevant experience and 8 4 projects 80%
yearsof experiencein position as Tunnel Engineerof
basic and/or detailed design consulting service in 3 projects 60%
4 Tunnel Ensineer
road project with the minimum total length of tunnel
more than L0 km. Minimum 2 design consulting
serviceexperiencescompletedtunnel project. 2 project 40%
t0
Suitability for the Services
No. No. of Rating
Experiencein similar position and in
Position
specified field Projects*
5 projectsor
r00%
Minimum 10 years of relevant experience and 5 more
years of experiencein position as Hydrologist of
4 projects 80%
5 Hydrologist basic and/or detailed design consulting service in
road project. Minimum 2 design consulting service 3 projects 60%
experiencescompletedroad/roadtunnel project.
2 project 40%
5 projectsor
Minimum 10 years of relevant experience and 5 t00%
more
years of experiencein position as Soil / Material
Soil / Material Engineer of basic and/or detailed design consulting 4 projects 80%
6
Engineer service in road project. Minimum 2 design
3 projects 60%
consulting service experiencescompleted road/road
tunnel project. 2 project 40%
5 projectsor
r00%
Minimum 10 years of relevant experience and 5 more
years of experiencein position as Architect of basic
4 projects 80%
l Architect and/or detaileddesign consulting serrice. Minimum
2 design consulting service experiencescompleted 3 projects 60%
infrastructureproj ect.
2 project 40%
5 projectsor
Minimum 10 years of relevant experience and 5 r00%
more
years of experiencein position as Electrical Engineer
Electrical of basic and/or detaileddesign consulting service in 4 projects 80%
8
Engineer road and tunnel project. Minimum 2 design
3 projects 60%
consulting service experiences completed
infrastructureproject. 2 project 40%
5 projects or
t00%
more
Minimum l0 years of relevant experience and 5
4 projects 80%
years of experience in position as Mechanical
Mechanical Engineer of basic and/or detailed design consulting 60%
9 3 projects
Engineer service in road and tunnel project. Minimum 2
40%
design consulting service experiences completed
infrastructureproject. 2 project
ll
Suitabilify for the Services
No. Rating
Experiencein similar position and in No. of
Position
specified field Projects*
5 projectsor
Minimum 10 years of relevant experience and 5 r00%
more
years of experiencein position as Environmental
Environmental Specialistof basic and/or detailed design consulting 4 projects 80%
l0
Specialist service in road and tunnel project. Minimum 2
3 projects 60%
design consulting service experiences completed
road/tunnel project. 2 project 40%
5 projectsor
Minimum 10 years of relevant experience and 5 r00%
more
years of experience in position as Procurement
Procurement Specialist in infrastructure civil works procurement 4 projects 80%
11
Specialist applying EDCF's or other ODA donors'procurement
3 projects 60%
Guidelines. Minimum 2 design consulting service
experiencescompletedinfrastructureproject. 2 project 40%
5 projectsor
Minimum l0 years of relevant experience and 5 r00%
more
Social years of experience in position as Social
Development Development / Resettlement Specialist of basic 4 projects 80%
12
Resettlement and/or detailed design consulting service in road /
3 projects 60%
Specialist tunnel project.Minimum 2 design consultingservice
experiencescompletedroad/tunnelproject. 2 project 40%
t2
Suitability for the Services
No. Rating
Experience in similar position and in No. of
Position
specified field Projects*
Minimum l0 years of relevantexperienceand 5 5 projectsor
r00%
in positionasTenderDocument/ more
yearsof experience
ProcurementSpecialist by applying EDCF's or
Tender Document 4 projects 80%
l5 other ODA donors' procurementGuidelinesin
Specialist
infrastructureproject.Minimum 2 designconsulting 3 projects 60%
service experiences completed infrastructure
2 project 40%
projects.
5 projects or
Minimum l0 years of relevant experienceand 5 t00%
more
yearsof experiencein position as Geologistof basic
and/or detailed design consulting service in road 4 projects 80%
l6 Geologist
project with the minimum total length of tunnel more
3 projects 60%
than L0 km. Minimum 2 design consulting service
experiencescompletedtunnel project. 2 project 40%
2 project 40%
5 projectsor
t00%
Minimum l0 years of relevant experience and 8
more
Bridge / Structure years of experiencein position as Bridge / Structure 4 projects 80%
2
Engineer Engineer of basic and/or detailed design consulting
3 projects 60%
servicein road project.
2 project 40%
AJ'P
14
Suitabilify for the Services
No. Experiencein similar position and in No. of Rating
Position
specified field Projects*
5 projectsor
t00%
more
Minimum 10 years of relevant experienceand 3
a
Soil / Material years of experience in position of Soil/Material 4 projects 80%
J
Engineer Engineer of basic andlor detailed design consulting
3 projects 60%
servicein road project.
2 project 40%
5 projects or
r00%
Minimum 10 years of relevant experienceand 5 more
yearsof experiencein position as Tunnel Engineerof
4 projects 80%
4 Tunnel Ensineer basic and/or detailed design consulting service in
infrastructureproject. Minimum 2 design consulting 3 projects 60%
serviceexperiencesin tunnel project.
2 project 40%
5 projectsor
100%
more
Minimum 10 years of relevant experienceand 5
years of experiencein position as Hydrologist of 4 projects 80%
5 Hydrologist
basic and/or detailed design consulting service in
3 projects 60%
road project.
2 project 40%
5 projectsor
r00%
more
Minimum 10 years of relevant experienceand 5
Electrical yearsof experiencein position as ElectricalEngineer 4 projects 80%
6
Engineer of basic andlor detaileddesign consulting servicein
3 projects 60%
infrastructureproj ect.
2 project 40%
5 projects or
r00%
more
project.
servicein infrastructure
40%
2 project
el+
l5
Suitability for the Services
No. Rating
Experiencein similar position and in No. of
Position
specifiedfield Projects*
5 projects or
100%
Minimum 10 years of relevant experience and 5 more
years of experiencein position as Architect of basic
4 projects 80%
qnA/ar rlefeiled qervice
8 Architect deqion concrrhino Minimrrm
5 projectsor
Minimum l0 years of relevant experience and 5 t00%
more
years of experience in position as Environmental
Environmental Specialistof basic andlor detaileddesignconsulting 4 projects 80%
9
Specialist seruice in road / tunnel project. Minimum 2 design
3 projects 60%
consulting service experiences completed
road/tunnel project. 2 project 40%
5 projectsor
Minimum 10 years of relevant experienceand 5 r00%
more
years of experience in position as Procurement
Procurement Specialist in infrastructurecivil works procurement 4 projects 80%
10
Specialist applying EDCF's or other ODA donors' procurement
3 projects 60%
Guidelines. Minimum 2 design consulting service
experiencescompleted infrastructureproject. 2 project 40%
5 projectsor
Minimum 10 years of relevant experienceand 5 t00%
more
Social years of experience in position as Social
Development / Development / Resettlement Specialist of basic 4 projects 80%
11
Resettlement and/or detailed design consulting service in road /
3 projects 60%
Specialist tunnel project. Minimum 2 designconsultingservice
experiencescompleted road/tunnelproject. 2 project 40%
5 projects or
100%
more
Minimum 10 years of relevant experienceand 5
4 projects 80%
years of experience in position as Cost / Quantity
Cost / Quantity Estimator of basic andlor detaileddesignconsulting 3 projects 60%
T2
Estimator service in road project. Minimum 2 design
40%
consulting service experiences completed road
project. 2 project
l\b
t6
Suitability for the Services
No. Rating
Experience in similar position and in No. of
Position
specified field Projects*
5 projectsor
Minimum 10 years of relevant experience and 5 t00%
more
years of experience in position as Road Safety
Road Safety Specialistof basic and/or detailed design consulting 4 projects 80%
13
Specialist service in road/tunnel project. Minimum 2 design
3 projects 60%
consulting service experiences completed
road/tunnel project. 2 project 40%
5 projectsor
Minimum 10 years of relevant experience and 5 100%
more
years of experience in position as Geotechnical
Geotechnical Engineer of basic and/or detailed design consulting 4 projects 80%
I6
Engineer service in tunnel project. Minimum 2 design
3 projects 60%
consulting service experiences completed tunnel
project. 2 project 40%
5 projectsor
100%
more
Minimum 10 years of relevant experience and 3 4 projects 80%
years of experiencein position as Chief Surveyor of
t7 Chief Surveyor basic and/or detailed design consulting service in 3 projects 60%
road I tunnel project. Minimum 2 design consulting 40%
serviceexperiencescompletedroad/tunnelproject.
2 project
t7
Suitability for the Services
No. Rating
Experiencein similar position and in No. of
Position
specified field Projects*
D Construction Supervision (National Staff)
4 projectsor
Minimum 10 years of relevant experienceand 5 t00%
more
Bridge/Structure years of experience in position as Bridge / Structure
1 3 projects 80%
Engineer Engineer of Construction Supervision in road /
bridgeprojects.
2 project 60%
4 projectsor
of design/
Minimum10yearsof relevantexperience r00%
more
supervisionconsultingservicein road
Tunnel Engineer construction
2 3 projects 80%
1) structures/ geotechnicalprojects / bridge / tunnel
projects.
2 project 60%
4 projectsor
Minimum 10 years of relevant experienceand 3 100%
more
Soil I Material years of experience in position as Soil I Material
J
Engineer Engineer of construction supervision consulting
3 projects 80%
servicein roadlbridgeltunnelprojects.
2 project 60%
,/\F
Suitabilify for the Services
No. Rating
Experience in similar position and in No. of
Position
specifiedfield Projects*
Minimum 10 years of relevant experience and 5 4 projectsor
r00%
years of experience in position as Environmental more
Environmental Specialist of construction supervision consulting
7 3 projects 80%
Specialist service in road / tunnel project. Minimum 2
construction supervision road I tunnel completed
2 project 60%
consultingserviceexperiences.
Minimum l0 years of relevant experience and 5 4 projectsor
r00%
years of experience in position as Social more
Social
Development / Resettlement Specialist of
Development / 3 projects 80%
8 constructionsupervisionconsultingservicein road /
Resettlement
tunnel project. Minimum 2 constructionsupervision
Specialist
road / tunnel completed consulting service 2 project 60%
experiences.
Minimum 10 years of relevant experience and 5 4 projectsor
t00%
yearsof experiencein position as Quantity Surveyor more
NATIONAL STAFF
Number of project participation with basic and/or detailed design and/or
construction supervision consulting services of road construction projects in
Asian Countries (outside Pakistan).
2. Experience in region and languagefor national staffs with respect to
the constructionsite locatedoutsidePakistanwill be rated as follows:-
r00%
andmoreprojects-100%)
1 project-50%o,2
Qllone-0o%,
20