HIGHER EDUCATION COMMISSION

Government of Pakistan, Islamabad

Explanatory Bid Document with

Detailed Terms of Reference
For Appointment of
i. International Architect and Consultant (IAC)
ii. Main (Local) Architect and Consultant (MACs)
iii. Architect of Partner Country (APCs)

For Planning, Design and Construction Supervision of

Universities of Engineering, Science and Technology in
Pakistan (UESTP-PROJECTS) viz:-

1. Pak-German University of Engineering Science &

Technology, Muridke near Lahore
2. Pak-China University of Engineering Science &
Technology, Islamabad
3. Pak-Italian University of Engineering Science &
Technology, Karachi
4. Pak Korean University of Engineering Science &
Technology, Karachi
5. Any Other University of Engineering Science &
Technology

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1. Preamble

The Higher Education Commission (the client) plans to establish state-of-the-art

Technical Universities with Integrated Technology Parks on green-field sites near
major Pakistani cities in collaboration with partner universities in Europe, China
and East Asia.

1.1 The impact of globalization has given rise to the concept of knowledge-
based economies with emphasis on research and development activities
coupled with production. In such economies there is a need for a trained
and educated work force well acquainted with the latest scientific and
technological advances, and capable of making broad-based, logically
analyzed decisions. Technical Universities are needed to produce
workforce, which must be capable of undertaking research, development,
invention and innovation as well as of working in close liaison with the fast-
growing industrial needs of the Nation.

1.2 Standards in existing Engineering Universities in Pakistan are behind the

internationally accredited standards of teaching and research, curriculum
and laboratory facilities. The growth of technology in Pakistan is
considerably slower than that in other developing Asian countries and does
not begin to compare with growth in advanced countries such as the United
States, Japan and the European Nations.

1.3 To bridge the gap and to catch up with the fast development rate in the rest
of the world, the Government of Pakistan has decided to set up new
universities of Engineering, Science and Technology in partnership with
technical universities in Germany, Austria, Italy, and China in the first phase
and with several additional advanced countries in a second phase. The
new universities will follow the teaching standards of partner universities
who will help to establish and manage these new universities, supply

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 experienced faculty and award their degrees to the students graduating
from these new universities.

1.4 The new universities are programmed to be constructed in about five to

eight years at various sites in Pakistan near Sialkot, Lahore, Islamabad,
Karachi and such other locations as may be decided from time to time.
They are being located close to the existing Industrial zones and will include
Technology Parks and Inncubation Centres to link industry with education
and jointly to provide employment to the graduates from the universities.
Each new UESTP will essentially be an extended campus of the Partner
University for at least the first ten years of its existence.

2. Objectives

2.1 Imparting high quality engineering education to students in identified

faculties and disciplines, comparable with accredited international
standards, thus catering for the industrial, technological and research needs
of Pakistan.

2.2 Getting exposure regularly to the latest developments in engineering

curriculum, teaching methodology and laboratory standards as well as
promoting effective R&D activities in the engineering sector in line with
advances in the international partner’s universities.

2.3 Strengthening formal University–Industry linkages on the international

partner’s model as well as encouraging effective collaboration in practical
terms between university and industry in Pakistan and in the partner
country.

2.4 Producing a trained and skilled work force having a focus on innovation,
value addition and entrepreneurship, capable of employing knowledge
inputs for the rapid and sustainable technological and industrial
development of Pakistan.

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2.5 The graduates of the UESTP must reach the same standard as graduates
of the international collaborator or partner. Through this equivalence of
standards they will be capable of supplying manpower of the quality needed
by the collaborating country and other foreign companies operating in
Pakistan.

2.6 The University must be linked, formally and informally, with the Technology
Park and Business Incubation Centre which will be established adjacent to
the central teaching and research area (CTRA) of the University.

3. Appointment of Consultants
HEC intends to plan and engineer the construction of the universities through the
appointment of:

(a) Main (Local) Architect and Consultant (MACs) (Pakistani).

(b) International Architect and Consultant (IAC)
(c) Architects from the Partner Countries (APCs). In each UESTP, APC
will be authorized to design one National Signature Building (NSB),
(which may be the Library) to reflect the culture of their particular
partner country.

The university projects shall be planned, designed and executed in the following
sequential manner.
a) The MAC will be appointed by HEC.

b) The IAC will be appointed by HEC.

c) Each APC will be appointed by HEC if required, on the

recommendation of the National Government of the partner country.

d) The MACs and the IAC will be asked to work together on certain
specified matters, but the IAC must remain independent of the MAC
and must report directly to the client.
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e) The APCs will work under a separate agreement and will be required
to coordinate their work with both the IAC and the MAC. HEC will be
the client.

f) The IAC will prepare all the Conceptual Master Plans and will approve
all the Final Master Plans prepared by the MACs (which will include
inter alia detailed and fully specified building designs). The IAC will
provide periodic top-level supervision on behalf of the client, HEC, on
all UESTP sites.

g) Each of the APCs will prepare the architectural plans, sections and
construction details for their National Signature Building (for instance,
the National Signature Building) at the sites approved by the HEC and
shown in the Final Master Plans and will provide outline specifications
of structure and finishes of this building to the MACs for detailed
designing and construction supervision.

h) The APCs will provide top-level supervision of the NSBs and will
approve the quality of construction on behalf of the client.

i) The MACs will prepare all Final Master Plans and do all detailed
design work of all buildings (HEC may consult IAC to ascertain that
the design work is of appropriate quality).

j) HEC will select building Contractors with the help of the MACs (and of
the IAC if appropriate).

k) The MACs will supervise the Contractors on a day-to-day basis on

their particular UESTP building sites.

l) The MACs will phase the works as required by HEC according to the
growth of the UESTPs and the Technology Parks, on all sites

m) The IAC and the APCs will inspect the works periodically and will
report to HEC and advise MACs on the quality of work. (Top-level
Supervision)
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 n) The IAC and the APCs will do a final inspection at UESTP sites if
requested by HEC.

3.1 Overriding Clause

Not with standing the following generalized terms of reference to the
contrary, the provisions embodied in Paras 4 onward are drafted in more
details and in the event of any ambiguity/discrepancy between the
Generalized TOR provided here under and the details, it will be the duty
of all the consultants to clear such ambiguities/discrepancies with the
HEC, through the respective Project Directors before doing any work.
HEC will not be responsible to pay for any changes, additions and
alterations which any consultant viz IAC, MACs or APCs has to
incorporate in the work done resulting from such
ambiguities/discrepancies coming to light at a later stage.

3.2 The Conceptual Master Plans are required for the complete technical
universities on a number of green field sites along with Integrated
Technology Parks on the principle of identicality elaborated here in
after. The site plans and details of local environmental conditions pertinent
to each site shall be provided by MACs to IAC in the form of topographic
survey plans, GT Sheets from Geological Survey of Pakistan and reports
obtained from the metrological survey of Pakistan showing details of
rainfall, ambient temperatures, and relative humidities etc for the last ten
years or as required by IAC.
3.3 The initial approximate size of student body on each site will on full
development of the university be 5000 Undergraduates & Master’s students
and 500 PhD students. The plans should however provide for a growth of
students by +50%. Other components of academics matters are as follows:-
i. Degree Courses:-
A common 1st year followed by 3 years Bachelor’s Course in each
discipline and subsequent two years Specialized Master’s Course
with most students staying for full six years.
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 ii. PhD Course:-
The PhD course will be of 3 years duration.

3.4 Estimated Faculty Strength in each UESTP.

(a). Faculty members in each UESTP will be 350, initially comprising
a Rector, Pro Rector, Professors, Associate Professors, Assistant
Professors and research fellows etc.
(b). Each UESTP will have approximately 40 administrative staff.
(c). There will be approximately 800 support staff, who will work in
the UESTP buildings. These include secretaries, technicians and
domestic staff together with 500 out side staff including security,
fire service, personnel and gardeners etc.
(d). About 1300 domestic and catering staff (in the student
accommodation areas, domestic servants for academic and
administrative staff).

3.5 Campus Accommodation, Building types and Facilities

Each Campus must be designed to house a total university with a number
of subjects/departments ranging from 5 to 7 including inter alia the following
buildings.
I. Combined Teaching and Research Buildings:
Each department of the University will be housed in a combined teaching
and research building. Detailed requirements are available vide Annexures
IV, V, VI. The total covered area of each department is estimated at about
10,000 m2. These buildings shall include:
a Lecture rooms, offices for faculty, faculty common rooms,
seminar rooms, student’s common rooms, private study areas
etc.
b Teaching Laboratories for different disciplines, equipment
storage and maintenance areas and technicians support staff
offices.

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 c Research facilities designed as open plan laboratories with
flexible internal partitioning arrangements, offices,
workshops etc.
Final details of internal arrangements will be provided by the faculty
members, once they have been appointed.
II. Residential Buildings:
i. Residential accommodation for faculty (240 m2 to 90 m2
depending on their grade).
ii. Residential hostels for students (hostel rooms of about 18m2
covered area with en-suite facilities, occupied either by two
undergraduate or Master’s students or by a single PhD student).
Each hostel will incorporate a dining room (with its own staffed
kitchen) and recreation rooms and prayer room; it is suggested
that on the ground floor of hostels there will be public-access
areas such as shops and cafes.

III. Recreational Buildings

i. Sports facilities including outdoor sports grounds and indoor
sports pavilions, swimming pools, fitness centre etc.
ii. Social facilities for lectures, music, cultural events, club houses
etc.
iii. Commercial facilities such as shops, postal services, bank etc.
iv. Health centre.
v. Primary School for families of Faculty, students and staff.
vi. Mosque and worship facilities for other faiths.

3.6 Landscaping:
Landscaping of the site with roads, paths, gardens and other features.

3.7 Technology Park/Incubation Center:

i. Incubation Centre to host up to 100 small start-up companies

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 ii. Shell structures of one, two or three floors which may be occupied by
small and medium sized high-technology enterprises (SMEs). The
internal design will be specified by the tenant.
iii. The third section of the Technology Park will consist of landscaped
and serviced plots of land on which large companies will construct
their own premises in due course.

3.8 The Sites: (For details refer to Para 4 and relevant Annexure)
Areas and locations of the sites approved and acquired so far for this
programme are as follows:

A. Pakistan–Austria University (Lahore) 55 hectares

B1. Pakistan–Germany University (Lahore) 162 hectares

B2. Pakistan–Another University (Lahore) 162 hectares
(The two sites (B1,B2) are adjacent to each other and must be treated in a
unified manner)

C. Pakistan-China University (Islamabad)(100 hectares)

D1. Pakistan–Italy University (Karachi)

D2. Pakistan–France University (Karachi)
D3. Pakistan–South Korea University (Karachi)
(The three sites (D1,D2,D3) are adjacent to each other and the 550
hectare site must be treated in a unified manner)

E. Pakistan–Nordic University (Sialkot) (270 hectares)

*Provisional agreements have been reached with these prospective partners.

3.9 General Design Guidance and Parameters:

a) The design must be functional without over-elaboration, but the
quality of the design and construction will be expected to match that

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 of a well-established modern university in a European country such
as Austria, Germany, France, Italy or Sweden.
b) The Central Teaching and Research Area (CTRA) of the university
must be restricted to pedestrians except for delivery and installation
including O&M of heavy equipment and provision of services.
c) The design of the CTRA must be inward looking into either a central
courtyard or courtyards which should enable students and faculty in
different departments to interact easily for educational matters
pertaining to teaching and research. Access from the outside into
the CTRA must be strictly controlled with just one or two access
points. Access to the individual buildings in the CTRA must also be
restricted for security reasons. Architects familiar with medieval
colleges in Oxford or Cambridge in the UK may find useful analogies
in their design.
d) The student hostels should be in blocks of 200–250 occupants.
e) Men’s and Women’s hostels should be separate but located close to
the main university buildings or CTRA.
f) Faculty housing should be well away from student hostels
g) Security around Faculty housing is important and the area will
require perimeter security and a gated entrance.
h) Cars with drivers will be available from a Car Pool.
i) The Technology Park although separated from the university must
be designed to merge into the university so that personnel may
transfer easily between the two parts.
j) The covered area for SMEs will increase as the demand increases
and provision must be made for this expansion.
k) A short-stay guest house should be included in the Technology
Park for clients paying short visits to companies.

3.10 ‘Identicality’ Principle

(a) The idea of ‘identicality’ has been conceived for a number of
reasons. The HEC would like all its UESTPs to be equal in scope

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 and to give equal opportunity not only to its several foreign partners
but also to all students irrespective of their choice of institution.
Although the subjects studied by students will vary and the
environment will be different and distinct at the different campuses
each student’s quality of ‘experience’ will be very similar. As an
example of ‘identicality’ in design and construction we consider a
typical house allocated to a full Professor. There may be 50 such
houses on any one campus and they should all be identical to each
other and also identical to full Professors’ houses on all other UESTP
campuses.

Thereby the costs of design will be minimized, and the cost of

construction will also be reduced. The full advantages of scale will
be available. Maintenance of the campuses will be easier.
Eventually, in steady-state operation after several years from today,
objective judgments on the relative successes of the campuses will
be possible more easily.

(b) ‘Identicality’ implies that everything on every campus that can be

reproduced identically is reproduced exactly. However everything
does not have to be exactly the same if there are real benefits in
taking a different approach, but there should always be many points
of similarity which should be easily recognizable and should enable
the use of standardized design elements. In most cases only one
design will need to be used and modified only slightly to meet local
requirements. Variations will be allowed only if absolutely necessary
and never only for cosmetic reasons.

(c) Advantages of Identicality

There only has to be one conceptual master plan although it will have
to be adjusted to take account of the different shapes and sizes of
the sites. There need only be one set of detailed architectural
drawings and designs of all individual buildings except the NSB. The
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 concept of a campus university with all facilities on-site and with an
adjoining technology park can be carried forward throughout all the
UESTPs.

(d) Disadvantages

There are no meaningful disadvantages in using the ‘Identicality

Principle’; the main arguments against are that the appearance
might be rather boring and the approach might water down the
identity of the foreign partner who, after all, might wish to put his
particular national seal on the university. This can be counteracted
by allowing one Nationally Signature Building (for instance, the
Library) to be different on each site to reflect that particular partner
country’s culture. The juxtaposition of different areas would also be
different and colour schemes and facings could also be used to add
variety. The advantages far outweigh any perceived problems in
using the ‘Identicality Principle’.

It is therefore proposed that:

(a) The CTRA design must be reproducible without significant

modification except for its orientation on all sites of UESTPs.

(b) All individual buildings for a designated function (e.g. a Professor’s

house) will be of exactly the same design on a particular campus and
also will be of exactly the same on all other sites. This is the
principle of ‘identicality’ and must be applied throughout the scheme.

(c) One signature building may be constructed on each campus in a

unique design to reflect the culture of the UESTP partner country. It
cannot always be the Library because the there are two sites on
which multiple UESTPs will be situated and these might each have a
single National Signature Buildingserving the entire site.

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 (d) Different colour schemes, facings etc. may be used in different
campuses as long as they do not contradict the ‘identicality’ principle
and do not add significantly to the cost.

(e) The bi-university campus in Lahore and the tri-university campus in

Karachi will have some facilities which will be shared by the UESTP
partners. These could be the central library, the clubhouse, the
medical centre, sports fields etc. However there must be two clearly
identifiable and well-separated CTRAs in Lahore defining two
different UESTPs and three clearly identifiable and well-separated
CTRAs in Karachi defining three different UESTPs. There will be
one joint and shared Technology Park for the two CTRAs in Lahore
and one joint and shared Technology Park for the three CTRAs in
Karachi.

3.11 The Conceptual Master Plan and the Main (Local) Architects and
Consultants in Pakistan
The IAC will be required to coordinate with a Pakistani firm of architect &
consultant (MACS). This firm will advise the IAC on local matters and they
will also be required to prepare detailed working drawings for building
designs proposed by the IAC. These drawings will then be transferred to
HEC’s ownership so that they may be used in all of HEC’s planned projects.

The Pakistani firm and other Pakistani firms of architects and consultants
will be charged with the detailed and day-to-day supervision of the
construction work. The IAC will be required to visit Pakistan at periodic
intervals, of say three months, to check and approve the construction work
on behalf of HEC. The IAC may also be asked to give advice to the
Pakistani architects on technical matters relating to services and
environmental conditions in laboratory areas.

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 The IAC and the Pakistani architects will both be required to assist the HEC
in the appointment of the Construction Company or companies for the
UESTP Programme.
APCs will undertake the detailed architectural design of National Signature
Building as described here after.

4. Availability of Land
The UESTPs are to be constructed on land for which legal rights exist with HEC,
as described hereunder

4.1 Near Lahore (Muridke) (For PGUT & one other University) (≈ 324
hectares).

About 800 hundred acres (324 hectares) of land has been acquired on the
Muridke-Narowal Road, near Lahore. The Site Plan of this land is appended
at Annex-I. It is proposed to build two UESTPs and one joint Technology
Park on this land.

(a) The Pakistan-Germany University of Technology (PGUT)

(b) Another UESTP with a partner to be designated in due course.

This land is close to the proposed Lahore-Sialkot Motorway from which

access to the university sites should be proposed through an interchange. A
revenue map of the area is available with the HEC and can be supplied to
the successful consultants on demand.

4.2 Islamabad (PCU) (≈ 100 hectares)

A piece of land approximately 250 Acres is available for the construction of

the Pakistan-China University (PCU). The site plan is available at Annex-II

4.3 Karachi (Technology City Site)

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 The Provincial Government of Sindh Province and others have made
available approximately 1345 acres of land near Port Qasim on the Karachi-
Hyderabad Highway about 40 kilometers from the Karachi town centre. The
site plan of this land is appended at Annex-III.

It is proposed to plan and develop this area as a Technology City

comprising of :

(a) The Pakistan-France University (PFU)

(b) The Pakistan-South Korea University (PSKU)

(c) The Pakistan-Italy University (PIU)

These three universities and their single combined and integrated

Technology Park will form the Technology City complex. The land available
for the whole development is shown in Annex III

5. Requirements of Land

Both MACS and IAC shall ensure that they are able to accommodate all the space
requirements of these Universities and Technology Parks, Incubation Centers etc
in the land made available to them, yet leaving sufficient areas for future
expansion of these universities. As stated in Para 3.3 here in before, both MACS
and IAC in close co-ordination shall decide the zoning of various buildings forming
part these complexes keeping in view the following:
a. Approximately 33% to 50% of the gross area has to be earmarked for
the Technology Parks and Incubation Centers for various types of
entrepreneurs separately described under the caption “Technology
Parks” vide Para 3.7.
b. All the UESTPs are required to be planned on principle of identicality
as repetitive plans, and building designs to enable employment of
minimum inputs both in design and construction for taking advantage
of the economy of scales to maximum.
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 c. Only one building viz National Signature Building may be designed
depicting the architecture of the collaborating countries viz France,
Germany, China, Korea etc. This shall be done through the
employment of APCs.
d. Where it is fore seen that the available land is less to accommodate
estimated future expansion of the university, the design of various
buildings shall be planned and structured to accommodate further
vertical expansion with minimum disturbance to the users of existence
structures. However in such an event the foundations of the
structures should provide for the ultimate development at this
stage.

5.1 The provisions of § 5(a) – (d) have to be taken into account by the
International Architects and Consultants (IAC) while preparing the
Conceptual Master Plan.

Other issues

(a) The existing services in the area of the UESTP development should
not be disturbed unless there are cogent and unavoidable
requirements for adjusting them. The IAC should, in a preliminary
report, describe such circumstances for consideration by the client
before seeking approval from the client of the Conceptual Master
Plan.

(b) The IAC should include the topographical, geotechnical and

infrastructural details and facilities available at the designated sites in
his reports.

(c) The requirements of services to the Technology Parks/Incubation

Centres to be integrated with these high-tech state-of-the art
institutions should be defined with reference to such developments in
industrially developed nations with which the IAC is familiar.

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 (d) The Pakistani Consultants (MACs) shall, from preliminary
geotechnical surveys/soil investigations etc. determine the most
economical and desirable zoning of proposed buildings and supply
the results with location maps to the IAC.

6. Over Riding Clauses

6.1 Zoning Controls

The Consultants (MACs & IAC) while analyzing the programme of

requirements and the final requirements of land, shall study in detail the
local Municipal and building Bye-Laws of the municipality/authority
controlling the zonings of proposed buildings and shall work out all details in
accordance with such Laws, Rules and Regulations. It will be the duty of
the Consultants (MACS & IAC) to get the plans approved from such
municipalities/authorities before the start of detailed design/construction of
buildings. The best course would be to get the Concept Plan and
Preliminary Architectural designs cleared from such Authority. In case the
Consultant feels that the land available is not sufficient and where the
possibility acquisition of additional land does not exist, he shall approach
the HEC with his proposal of proposed zonings for various buildings which
are at variance with the Bye Laws for taking up such issues with the local
municipal authorities,

6.2 Improvements in TOR

Since the Consultants (MACS & IAC) being engaged would provide
specialized services on these project/projects, it will be their duty to spell
out in their technical report all/or any thing left out and/or included
erroneously in these terms of reference. They should in technical
proposals suggest improvements, additions/deletions to these terms

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 of reference and performance objectives so as to carry out the
project/projects through to their/their final completion with best professional
inputs.

6.3 Provision in Financial Proposals for Changes in TOR

The Consultants (MACS & IAC) shall include in their financial proposals
separately, the fee adjustments for increase/reduction in the scope of
services resulting from such improvements additions/deletions proposed by
them in the terms of reference and nothing extra shall be paid to them nor
deducted from their adjusted financial proposals, if such proposals of
increase/deletion are accepted by the client except that:

a) The client’s right to negotiate the fees demanded in the financial

proposal as admissible under PEC/PPRA rules shall not be effected
on account of such improvements/additions/deletions.

b) In case the client (HEC) or Experts of Collaborating Universities

through the client do not agree to the proposed improvements /
additions / deletions, necessary adjustment in prices shall be
made prior to negotiations and award of work, or subsequently,
based on quoted prices for such adjustments.

6.4 Adjustment in the contract price shall be admissible to the

Consultants for increase/decrease in the scope of services as
specifically ordered by the client/Experts of Collaborating Universities
through the client after entering in to the contract with the
Consultants as per provisions of the contract.

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7. Scope of Work
7.1 Programme of Requirements

The programme of requirements is contained in Annexures IV , V, VI. These

have been prepared as per the provisions of the approved PC-1s. These
requirements are normally firm and final and not subject to any changes. In
exceptional circumstances where the requirements are changed or modified
by the clients, changes will be allowed. However in this case the changed
stage of work must be authorized in writing to MACs and/or IAC prior to the
commencement of the work.. Adjustments of fees on account of such
authorized changes will be admissible as per the provisions of the Contract
Agreement.

7.2 Changes to the programme of requirements

Where it becomes essential for the Architects, MACs or IAC to make

changes in the programme of requirements and where such changes would
call for additional costs to the clients, the consultants shall propose
alternatives involving a range of costs.. This also applies to the APCs when
designing the feature building.

7.3 Requirements for Land

The land available for the construction of the UESTPs (shown in Annex
IV,V, VI) must be properly and optimally utilized to accommodate the
programme of requirements as well as the future expansion of the UESTPs.
The land utilization must be planned by optimal and economical analysis.
The provision of spaces and adoption of proper zoning plans for the
buildings and recreational spaces forming these UESTP complexes must
be made with care in all details. This work shall be carried out by the IAC,
who is required to submit a preliminary study report to HEC. The IAC will
be able to consult the MACs, the HEC, the experts of the Collaborating

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 Universities and the Project Directors for the purposes of preparing this
report.

Deliverables

Three hard copies of the study report incorporating the parameters in § 7.3
above together with an electronic copy to HEC.

7.4 Topographic surveys

MACS shall carry out topographic surveys of the site, correctly indicating all
existing salient features. Working out accurate levels for further work is the
sole responsibility of the MACS. The Consultant shall carry out detailed
survey of the site at his cost incorporating all existing utility services passing
from the site for incorporation in the Conceptual Master Plan to be prepared
by IAC.
It must be clearly understood that topographic maps form the basis for
all future work in connection with planning, design, preparation of
construction documents and measurements. The accuracy of this
work cannot be over-emphasized. In case at any later stage it is found
that there are mistakes in the topographic surveys the Consultant
(MACS) shall have to refund not only the payments made to him for all
subsequent works but also pay liquidated damages to HEC for the
delays caused in the work. Survey plan should be sufficiently detailed to
enable preparation of designs of utility services like roads, bridges, storm
drainage, sewerage, water supply, electric, telecommunication services and
the like, within the site. The survey plans should also give the location of all
external utility services passing around the site that do not enter the
site so as to dovetail the internal utilities with such utilities if
possible/required and as authorized by the Project Director/Co-
ordinators. The extra work required in this connection shall be evaluated
and paid for at their quoted rates.
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 The contours at an interval of 2 ft shall be drawn on the survey plans which
shall be drawn to scales of 1:5000, 1:1000 and 1:500 respectively for
preparation of Conceptual Master Plans and detailed Master Plans
including preparing of working details of services. If required by local
municipal authorities/ Bye laws the survey plans shall also show the khasra
numbers of the acquired land as mutated and handed over to HEC duly
certified by the revenue officials.
Deliverables:
Survey plans containing details as stated above shall be supplied to the
client by the Consultants (MACS) in 03 copies including Compact Disc.
After the completion of survey work, it should be possible to produce
further copies by the Consultants as may be required. All survey data
fed in the computer shall be backed-up on Compact Discs so that the same
could be readily reinstalled in case of any damages caused to the data in
the computer through mistakes or otherwise.

8. Geo Technical Investigations:

The Consultant (MACS) will be responsible for carrying out in detail Geo-
technical/soil investigations as required for proper planning, designing and
execution of work. The Geo-technical investigations shall be carried out, but not
limited to, as detailed here under:-

8.1 Preliminary Geo-technical Investigations:

To be carried out at the site for purposes of preparing Conceptual Master
Plan and determination of an efficient and cost effective zoning system for
the buildings. This is included in Scope of Work of Phase-I to be carried out
by MACS along with preparation of survey plans. MACS shall after
receiving an advance copy of conceptual master plan from IAC,
immediately carry out the necessary tests and supply the requisite
data/results to IAC for determining the zoning of buildings, preparation of
line plans of various buildings, designs of compound wall and layout

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 of roads and services including preparation of outline specifications
for various buildings and services to be incorporated in the conceptual
master plans.

8.2 Hydrological Studies:

MACS shall carry out complete hydrological studies of the university sites to
determine, weather or not the area is susceptible to flooding and propose
flood mitigation measures if required including sub surface drainage system
etc.

8.3 Soil Investigations:

Required for the construction and technical control of all earth works to be
carried out in roads, pavements and in trenches etc for execution of work of
internal utilities. The Consultants (MACS) shall supply the results of soil
investigation to IAC and shall include in his financial bid the costs of all such
investigations and tests and provide details of such costs. This is included
in the Scope of Services for Phase-I.

8.4 Detailed Geo-technical Investigations:

These shall be carried out subsequently for individual buildings culverts,

bridges as and when authorized for preparing detailed
architectural/structural and infrastructural designs and preparation of
constructions documents. This is included in the Scope of Work for Phase-
II. The details of investigation to be carried out shall be decided by the
structural and geotechnical engineers of the consultants and got approved
from the Project Directors/Co-ordinators. These shall in addition to soil
parameters include determination of settlements where required.

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9. Preparation of Master Plans:

9.1 Conceptual Master Plan:

(a) The Consultant (IAC) shall prepare a Conceptual Master Plan for
each UESTP Project in the overall programme. This must be based
on the analyzed programme of requirements, topographical survey
plans and results of preliminary geotechnical and soil investigations
supplied by the MACs. The plan should include an account of the
IAC’s vision for the operation of the UESTP and its integrated
Technology Park. Considerations such as the academic interaction
between students in different departments and with Faculty, sports
and leisure activities, and cultural occasions should be taken into
account. Means of facilitating the interaction between the university’s
research work and the Technology Park will be of paramount
importance. The residential requirements of students with separation
between male and female sections should be borne in mind. The
needs of Faculty who may be married or single, Pakistani or foreign,
long-term residents or short-term visitors should be considered.
Security and safety within the campus and within the buildings should
be taken into account from the earliest conceptualization of the plan.

(b) The Conceptual Master Plan shall be prepared to a scale of 1:5000

keeping the provisions of the ToR vide Para 3 in view. The IAC shall
submit this plan along with outline plans of buildings, suggested
foundation types, outline specifications of structures and finishes to
be provided in different buildings etc. (the outline plans of buildings
shall be prepared to a scale of 1:200)

(c) Detailed design and development plans of major research

laboratories/workshops relating to different disciplines shall be
prepared to a scale of 1:100 and shall incorporate the layout plans of
equipment proposed to be installed in these laboratories/workshops.
The IAC shall also provide detailed sections of these buildings, all

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 types of equipment loads for which the foundations of buildings etc
are required to be designed must be considered. The specifications
of such equipment etc. will be provided to the Project Directors
working closely with the MAC.

(d) The Conceptual Master Plans shall depict all educational,

administrative, residential and amenity buildings including
commercial areas proposed in the complexes. In addition to
academic blocks, the Master Plans shall include administration
blocks, students’ hostels, libraries, the auditorium, Faculty and staff
residences, mosques and other amenities like cafeterias, post
offices, security services, recreational facilities, gymnasiums and
covered arcades etc where required or foreseen.

(e) The Conceptual Master Plans shall also include outline descriptions
of all external utilities like water supply, sanitary sewer systems,
storm drainage systems, etc electrification, roads, parking areas,
pedestrian routes gas and telecommunication lines etc. The
Conceptual Master Plan shall also show source development
facilities required for water supply and electricity generation if not
provided through municipal facilities. In addition, it should include
locations of tube wells overhead reservoirs, sanitary engineering
structures like sewerage treatment facilities. Details of requirements
will be developed in consultation with the MAC and the Project
Directors. The provision of parks, running tracks, playing fields and
other green areas separating the campuses from highways etc also
needs to be properly planned . The Conceptual Master Plans shall
also indicate the spaces required for expansion of the UESTP. All
highways, roads, streets and pedestrian paths shall be located and
planned keeping in view sound traffic engineering principles and in
accordance with the guidelines included in § 3 of these ToR.

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 (f) The Conceptual Master Plans prepared by the IAC with inputs from
MACs and the Project Directors shall be considered jointly by the
HEC, the foreign partners in each UESTP and HEC’s advisers. Any
changes required to be incorporated will be communicated to the IAC
and incorporated in the Conceptual Master Plans when agreed
mutually by all parties.

Deliverables

Three hard copies of the agreed Conceptual Master Plans along with three
hard copies of reports containing outline plans and outline specifications
and design development drawings and data for research laboratories and
workshops etc. Electronic versions of these documents also must be made
available.

9.2 Final Master Plan:

The Final Master Plans shall be prepared by the MACs from the approved
Conceptual Master Plans first to a scale of 1:1000 and then to a scale of
1:500 incorporating details of major and minor buildings, external and
internal utility services, subsidiary buildings, sports and recreational
facilities, plans and cross-sections of roads and streets indicating the
location of various services such as pavements, parking areas, foot paths,
internal water supply distribution systems, sanitary sewerage systems,
storm drainage systems, proposed water storage and water channels,
landscaped areas, sewerage treatment facilities, proposed electricity
generation and distribution facilities, recirculation systems for treated
effluents for possible use within the campus for horticulture and watering of
green spaces etc.

While preparing the final master plans, the MACs shall incorporate the
recommendations of a study report prepared by properly qualified
hydrologists indicating the extent to which the university site is susceptible
to flooding and the hydrologist’s proposals for flood mitigation measures to
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 be adopted including an effective storm drainage system to be adopted on
the site. The Final Master Plans must be discussed with the Project
Directors and reviewed by the IAC before it is submitted to the HEC for
formal approval by the clients.

The Final Master Plans shall also incorporate the present and future land
use analysis. The PMAC shall in his technical report outline in detail the
proposed sequence of evolution of the Final Master Plans from the
approved conceptual Master Plans.

10. Phases of Work:

Phase-1 Works:
10.1 The entire work required to be carried out as specified shall be done in two
phases. Phase-I shall include:-

a) Topographic Surveys. ( To be prepared by MACS and supplied to

IAC)

b) Preliminary Geo-technical Investigations and soil surveys. (To be

prepared by MACS and results supplied to IAC).
c) Hydrological study report of the site. ( To be Prepared by MACS and
copy supplied to IAC)

d) Preparation of Conceptual Master Plan of the proposed Campus. (To

be prepared by IAC along with reports as detailed.)

e) Preparation of final Master Plan. ( To be prepared by MACS)

f) Allocation of spaces left out for expansion of different units to

accommodate final requirements. (Action by IAC & MACS) in
Conceptual and Final Master Plans.

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 g) Prepare out line specifications for construction of various buildings
and utilities planned in the universities, except National Signature
Building (Action by IAC)

h) Prepare line plans of the units proposed to be constructed under

normal requirements of various universities. These plans shall
incorporate out line proposals/specifications indicating the
Architectural characteristic of the buildings including their proposed
zoning heights as per conceptual Master Plan. These plans which
shall include elevations and sections etc shall be prepared in
sufficient details to exhibit the salient features of the design and
finishes. (Action by IAC)
i) To prepare Preliminary Architectural Plans for the National Signature
Building(Action by APCs)

10.2 Preliminary Cost Estimates and PC-I

Not with standing the provisions of adequate circulation spaces and
design of energy efficient buildings the consultants viz IAC, MACS
and APCs shall ensure that the spaces provided for various buildings are
reasonably in accordance with those shown in the approved PC-I’s (Copies
of which can be obtained from HEC). Similarly the finishes/services
proposed to be provided shall correspond to the requirements of various
buildings outlined vide Annex IV, V, VI. The consultant (IAC, MACs and
APCs) shall respect the financial provisions of the approved PC-I’s and
ensure through the preparation of sub head wise rough cost estimates that
it will be possible to complete the works with in the provisions of the
sanctioned PC-Is.

10.3 Deliverables:
The Consultant shall submit to the client:-

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 a) Topographic Surveys as detailed in 7.4. (3 copies),(Action by
MACs)
b) 3 copies of the Preliminary Geo-technical Soil/Investigation
and Hydrological Reports of the site. ( Para 8.1,8.2 & 8.3),
(Action by MACs)
c) A study report in respect of land requirements ( Para 7.3)
(03 Copies), (Action by IAC)
d) 03 copies of Conceptual Master Plans with compact disks
including line plans, outline specifications and reports etc.
(Para 8.4) (Action by IAC)
e) 03 copies of the final Master Plan with compact discs for
preparing further copies as and when required. (Para 9.2)
(Action by MACs)
f) 03 Copies of Preliminary Architectural Plans and outline
specifications of National Signature Buildingbuilding with
compact disks (Action by APCs)
g) 03 Copies of rough cost estimates of buildings as purposed to
be designed and constructed. (Para 9.2), (Action by IAC &
MACs and APCs)

Phase-2 Works

10.4 The works included in Phase 2 will be taken in hand only as and when and
to the extent authorized by the client (HEC). These include but not limited to
the works included and forming parts of approved mini PC-I for the
respective UESTP’s. The abstracts of civil works approved in the mini PC-Is
are shown at annexure IV, V, VI.
10.5 In addition of above works, the client in consultation with MACs & APCs
may authorize the detailed architectural and engineering designs as well as
other related services like Q.S services, preparation of construction
documents, pretender services and construction supervision etc of all such
works included the programme of requirements for which either the Mega

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 PC-Is have been approved by the ECNEC or anticipatory approval have
been obtained by it from the ECNEC Secretariat. Delays in authorization
of undertaking full scope of works shall not entitle the IAC, MACs and
APCs to any additional claims but will entitle the consultants to
extension of the time for completion of works. Part 2 works shall be
planned and designed in the following sequences.

10.6 Detailed Geo-technical Investigations

The Consultant (MACs) in consultation with his geotechnical and structural

engineer shall:-

a) Prepare a programme of investigations required to be carried

out for each individual building infrastructural
facilities/works of the university, identifying the spots and
the depth of the bore holes, types of rigs to be used in
carrying out the sub surface investigations and details of
the tests required to be carried out. These shall be got
approved from the Project Directors.

b) With the help of qualified and experienced Geologists, identify

micro risk zones on the site and ensure that high rise
buildings are not located in such zones.

c) The Consultant along with the Geo-technical and Structural

Engineer, responsible for design and carrying out the sub
soil investigations shall be responsible for the correctness
of all the sub soil data presented in the report and
interpretations/conclusions derived from such data, like safe
soil bearing capacity, the depth/type of foundations required
to be designed for different structures.

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 d) For structures founded on clay/silty soils or combinations
there off all parameters required for settlement analyses shall
be required to be tested for working of differential settlements
as and where applicable.

e) The Consultants shall ensure that the structures are not

founded on expansive clays, nor on such other strata
which is subject to liquefaction in the event of major
earth quakes.

f) For structures founded on slopes, special slope stability

analyses will be required to be carried out.

g) The Consultant (MACs) shall satisfy itself with the work of sub
soil investigations by providing sufficient qualified &
competent supervision as the investigation work
proceeds. He shall be required to issue instructions regarding
further investigations if so required based on his experience of
the type of strata encountered.

10.7 Deliverables:
At the end of the detailed Geo-technical investigations including laboratory
testing, the Consultant (MACs) will submit three copies of the Geo-technical
Report to the HEC, certifying that he and his Structural Engineer are
fully satisfied with the work done by the Geo-technical Engineering
Contractor and he takes full responsibility for the correctness of the
data and the results derived in the reports.

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11. Preparation of Design Development Proposal:

11.1 Collaboration with Specialists:

a) Not with standing the design development drawings provided by IAC
for the research laboratories and workshops etc and by APCs for
Library the consultant (MACs) according priority to works shown in
accordance with the agreed time lines shall from approved conceptual
architectural plans/drawings prepare design development architectural
drawings for all buildings and authorized infrastructural development
works. The Consultants (MACs) shall incorporate the requested
amendments in the conceptual architectural designs if any and the
design development proposal will illustrate size of the project in
sufficient details explaining how the design is going to perform on
completion of the project and to what extent the performance
objectives detailed in this TOR have been achieved. At this stage the
Consultant shall incorporate inputs from other specialists in the
fields that he may like, provided such facilities are not available in
his office and a list of such Consultants have been indicated by
him in his technical report. The Consultant will coordinate inputs
from Structural Engineer, Electrical Mechanical Engineer, HVAC
Engineer, Gas/Fire Safety Engineer and others to ensure that the
design development drawings depict the final design proposal. The
design development drawings shall be prepared by the MACs faithfully
incorporating the proposals of IAC listed and approved by the client in
the conceptual report submitted by IAC pursuant in Para 9.2
b) The Consultants will also advise the clients about the
repercussions/implications of any subsequent changes on the
cost of the project and on the over all construction programme.
The Consultant shall also obtain all permissions of the local
Authority required in connection with the proposed projects,
including the relocation of existing services and incorporate the same
in his final design proposals (design development drawings). The

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 scrutiny fees/other charges payable to the local authority shall be
merged by the Consultants in their design fees. The design
development drawings shall also be submitted to HEC for approval.
c) Design development drawings shall be prepared to a scale of 1:100
and shall include architectural, structural, water supply
sanitary/plumbing, electrical, mechanical, HVAC, lifts where required,
Gas and fire safety proposals. These shall include security systems
as well as crises management system, garbage disposal system
etc.
d) The design development proposals for infrastructural development
works shall be prepared to a scale of 1:1000 and shall include
section/cross section of roads indicating the location of all internal
utility services like street lights, sanitary sewer system, storm drainage
system, sub soil drainage system if and where required, water supply
distribution system, recirculation system for treated affluent for use in
landscaping and horticulture including all works relating to source
development of electric power, water supply and sewerage treatment
etc as well as those relating to landscaping and environmental control
works as foreseen and approved in conceptual drawings/report.

12. Detailed Design (Constructions Drawings):

12.1 Based on the approved design development drawings, the Consultant MAC
shall prepare and issue final designs incorporating all pertinent data
required or gathered in the previous stages of development and prepare
construction drawings for the buildings and infrastructural services.
Construction drawings relating to all internal utility services within various
buildings should be prepared separately based on the architectural
construction drawings. These shall include, but not be limited to:

(a) Preparation of detailed designs of all infrastructural development

facilities like roads, pavements, parking, culverts and bridges,
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 interchanges, water supply, sewerage, storm drainage, underground
drainage as required, external electrification, gas and communication
lines etc. Detailed designs shall be prepared also for landscaping
and environmental-engineering works.

(b) Architectural drawings of buildings, with construction details of all

features.

(c) Structural drawings.

(d) Electrical supply drawings.

(e) Plumbing installation drawings.

(f) HVAC drawings (for the buildings shown in the PC-1).

(g) Installation of lifts (where required).

(h) Drawings relating to provision of special features in kitchens and

cafeterias etc.

(i) Drawings and specifications showing any specialized equipment

required to be installed in the research laboratories and workshops.
Weight, vibration effects and the foundation types required for such
equipment must be considered. These drawings will all be finalized
by the MACs in co-ordination with IAC and experts of collaborating
universities.

(j) Drawings relating to the fire-alarm and fire-fighting systems.

(k) Security systems and crisis-management system.

(l) Drawings relating to telecommunications facilities, and any other

facilities and utilities that are required to be provided.

(m) Details of all finishes, doors, windows, floors, roofs, wardrobes etc
should be provided.

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 (n) Drawings relating to fire safety, fire escapes and crisis management
systems

(o) Drawings related to interior decoration furniture and furnishings.

(p) Drawings relating to the garbage disposal system.

(q) Any other matters not specifically listed above but necessary for the
project.

Construction drawings for buildings shall be prepared on a scale of 1:50.

They must include all details such as concrete outlines with dimensions and
details of steel reinforcement bars including bar-bending schedules etc.
These drawings should be prepared in sufficient detail to be followed by
Construction Foremen on the site.

The construction drawings for infrastructural development works shall be

prepared to a scale of 1:500.

12.2 Construction Documents:

Along with construction drawings, the Consultant shall submit a set of
complete draft tender documents consisting of:-

i) Instruction to bidders.
ii) General Conditions of Contract.
iii) Conditions of particular Application.
iv) Formats of Agreement, Bid Security, Performance Security,
The tender, detailed Bill of Quantities and the like for review
and approval by the client while approving the final design
proposal.

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 v) Detailed specifications including copies of applicable
standards mentioned in detailed specifications.
vi) Time required executing the work.

Note:- After discussions with the HEC and Collaborators if required,

the Consultant (MACs) shall prepare and submit the above stated
documents in different packages prepared in accordance with the
appropriations available with the client. The packages shall include
works as outlined in the PC-Is for execution of infrastructural works and
buildings required in accordance with the number of students being
enrolled in the UESTPs and as given in the approved PC-Is. The
intension being that the public funds expended shall be fully utilized
and the buildings put to use immediately on completion as required.

12.2 (a) Alternatively for Turn Key Contracts

If it is required by HEC to bid contracts on turn key formats, The Consultant
(MACs) shall:-
a) Prepare TOR for the contractors illustrating the design and construction
requirements of project.
b) Check, verify and certify to the client the competence and proficiency of the
consultant/design staff employed by the contractors.
c) Vet the designs prepared by the consultants/design staff employed by the
contractors.
d) Prepare draft bidding documents for obtaining competitive bids from the
contractors on turn key formats.
e) Check the submissions of the contractors and the contractor’s consultants
for responsiveness to be provisions of the TOR.
f) Check and analysis the turn key bids received including the proposed
payment schedules demanded by the contactors and give
recommendations to the client for award of work to the lowest evaluated
responsive bids.

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13. Certification/Indemnification:
The Consultant’s (MAC’s) Structural Engineer shall certify that the drawings
prepared by him/vetted by him have been prepared in accordance with the
applicable building codes and incorporate provisions to resist seismicity of
appropriate intensity as specified by the Pakistan Building Code for various cities.
Where the Universities have been located in Zone-3 and Zone-4 from seismic
considerations, the Consultant shall get their structural design reviewed and
rechecked through an independent Structural Engineer to be designated by
the client (at no additional cost to the client). This shall however not apply to
turn key projects, where this work will be carried out by MACs.
The Consultant (MACs) and his Structural Engineer shall indemnify the
client against all risks of damages/claims by third parties in the event of
failure/collapse of structures during their life time, as determined by the
governing laws of Islamic Republic of Pakistan. A similar indemnification
shall also be obtained from the contractors in case of turn key bids.

Similarly in areas of low and moderate seismicity the structures shall also be
designed for all horizontal/vertical loads generated by seismic excitations and the
Consultant shall indemnify the employer as stated above. The need for vetting the
structural designs prepared by MACs through an independent Structural Engineer
may however, be relaxed by the client in its sole discretion.

13.1 Applicable Codes of Practice:

All structures shall be designed in accordance with latest international code of
practices. ASCE specifications and Uniform Building Code 1997 will govern in
the same order of precedence over any other code provisions followed in
consultation with the client.
Deliverables:
a) 03 copies of all construction drawings stated in Para 12.1 above.
b) 03 copies of draft tender documents in respect of buildings and combination
of different utilities in one package.

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 c) 03 copies of the design calculation relating to structures and other utilities.
d) CD’s of the aforementioned submissions.
Alternatively
Where the contracts are placed on a turnkey basis, the deliverables shall be
similar submissions by the consultants of the Contractor and these must be duly
checked and verified by MACs for turnkey proposals.

14. Quantity Surveyors’ (Q.S.) Services

Except for turn key bids, the Consultants having decided with the client the formats
to be used for the call of tenders and conditions of particulars application, including
clauses relating to:-

a) Availability of sites.
b) Construction drawings, disputes etc.
c) Priority of documents as per clause 5.2 C (Part-1), FIDIC 4.
d) Powers of “The Engineer”, “Employer” and Engineers/Employers
representatives etc.
e) Type of BOQ format to be used etc shall ensure correctness of these
documents and will certify that no “loop holes” are left in these
documents which will enable the Contractor to prefer uncalled for
claims at a later stage.

A similar analysis and certification shall be required form the consultant MACs
in respect of contracts on turn key basis.

Notwithstanding the above, the Consultants shall:-

a) Work out quantities accurately from the construction drawings and certify
their correctness to an accuracy of ±5% before submitting the BOQ’s to
the client for approval.
b) Provide detailed specifications which are “job specific” to the project under
design and execution.

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 c) Where references have been made to standard specifications by
designation such as AASHTO, BSS, ASTM etc or others, a copy of
such standards shall be supplied to the client and the Contractor.
d) The provisions of all documents forming part of the Contract shall be co-
related to exclude any/all ambiguities/discrepancies, in the documents
forming parts of the Contracts.

15. Pre Construction Stage:

15.1 Engineers Cost Estimates:

Weather or not a project or package is bided on turn key basis, the
Consultants (MACs) shall provide detailed cost estimates of
project/Packages on the current schedule of rates applicable in the area
where the construction is to be under taken or the market rates which
should be supported with proper analysis of rates. Due care shall be
exercised by the Consultants in the working of the quantities and the
application of rates which requires extreme proficiency as these
estimates are basic documents to exercise financial control over the project.
The correctness of all quantities shall be certified by the Consultants
to be within a variation of ± 5%. Except in case of turn key solutions,
no such variations shall be permissible to the contractors where bid
shall include all such exigencies.

15.2 Bidding Stage:

The Consultants having prepared and submitted the detailed construction
documents and drawings should act as under:-

a) Issue construction documents to prequalified contractors for

different packages/turnkey proposals as already agreed. In the first
instance the Contracts relating to infrastructural development work

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 should be entered in to. Subsequently Contracts, for the construction
of different buildings may be entered in to in the order of the priority
agreed to with the Project Directors. In case of turn key proposals, the
execution of works shall be carried out in the sequence in which
infrastructures and buildings are required to be used. This shall be
provided in the contract documents. The Consultant (MACs) should
supply sufficient tender documents to the client for issue to
prequalified Contractors. The prices of the documents should include
printing charges only and should be decided with the client which on
receipt of the same from the Contractors will be credited to the
accounts of the Consultants.

15.3 Pre-bid Meeting:

On receipt of queries from the Contractors on the construction documents,
the Consultant (MACs) should attend to the queries and discuss the same
with the Project Directors before the pre bid meeting. The pre bid meeting
should invariably be attended to by the Consultant (MACs) and issues
agreed between the parties should be listed and circulated to all
Contractors in the form of addenda. These addenda should be given
appropriate priority in clause 5.2 CC part II or priorities clause as per
applicable contract formats.

15.4 Evaluation of Tenders:

On receipt of tenders, the Consultant (MACs) will collect from the client’s
representative (Project Directors) the tenders actually received/opened. The
Consultant will attend the bid opening meetings and evaluate the tenders,
give his firm recommendation to the client for acceptance or rejection of the
lowest tenders. In case it is decided to negotiate the tenders further for
reduction in rates, it shall be done in the most open manner. Following
clause shall be added in the letter issued for inviting bids for open
negotiations:-

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 “Open negotiations are being held to reduce the tender price only.
The Contractors are not allowed to increase their bid price during
the process of negotiations. For those Contractors who do not
intend to reduce their prices, the original tendered cost shall
stand.”
The letter for open negotiations should be sent to all prequalified
Contractors who purchased the tender documents whether or not they
entered into the bid.

15.5 Fees Payable during Design Stage:

a) Fees shall be paid to the Consultants (IAC, MACs & APCs) at the
finally negotiated contract rates for the works actually designed. These will
be based on the costs approved by Competent Authority in accordance with
the rate as given in the approved PC-I, without escalations etc. These shall
be fixed and final and not subject to change.
For repetitive works, the fees shall be separately quoted for the design of
sub structures only as a percentage of 4% of the cost of civil works included
in the approved PC-I’s. This shall also cater for any minor changes required
in the drawings of super structure. This shall apply to the cost of one
building unit of each type.
As an example if there are 45 identical institutional buildings in a university
and the consultant has to revise the design of foundations and plinth of
these buildings due to any reason like variation in the bearing capacity etc,
the cost to be paid to him will be calculated as under:-
i. The cost of civil works as per approved PC-I is Rs. 2000 per square
foot.
ii. Contracted rate of the consultant is 2% (supposed) Fees payable to
him will be worked out as under:-
2 4
= * * 2000
100 100
i.e Rs. 1.60 x Area of one building.

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 b) Where the design for the repetitive buildings / services exists with the
Client (HEC) as a result of work done by another MAC appointed by HEC
and is made available to another appointed MAC, it shall be mandatory for
the this MAC to satisfy himself for the designs already prepared before
adopting the same. HEC will pay the additional fee to the new MAC for
vetting the structural design already prepared at the finally negotiated /
contracted rates for 7.5% of the cost of civil works included in PC-I for the
lead model university. This shall apply to the cost of one building unit of
each type.
As an example if there are 45 buildings in a university and the consultant
has to vet the design of super structure of this university, the cost of civil
works as per approved PC-I is Rs. 2000 per square foot and contracted rate
of the consultant is 2% (assumed) of the cost provided in the PC-I, then for
2 7.5
vetting the design of super structure he will be paid * * 2000
100 100
i.e Rs. 3 x Area of one building.
Similar system will be adopted for other repetitive buildings.

c) MACs shall be responsible for providing services for project

Management and quality control on the execution of works through the
provision of detailed construction supervision.
Para’s 16.1 through 16.9 of these documents spell out in detail the services
to be provided by the MACs, to ensure adherence to design and
specifications by the contractors executing the Project.

15.6 Contract Formats

Paras 16.11 through 16.17 read along with annexures deal with the contract
formats, special conditions, earnest money, liquidated damages and
performance security, adjustments in fees, increase in supervision fees due
to time over runs, fee payable to MACs for construction supervision
services included in the Contract, Consultants offices, fees and re-

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 numerations, advance payments, time schedules evaluation criteria for the
award of works etc.

16. Construction Stage:

16.1 Construction Supervision:
It is the intention of HEC to award full construction supervision to the
Consultant (MACs). The Consultant (MACs) shall supervise the
construction operation through the employment of well qualified and
approved staff as “The Engineer and Engineer’s representatives”. The fees
payable to Consultants shall be fixed and final for the construction
supervision phase which shall be quoted by him as a percentage of the
amount of engineer’s cost estimate or contract price whichever is less
on which the work will be awarded to the Contractors. No increase in
fees of consultants shall be adjusted on account of any increase in
the quantities or quality of work suggested by the Consultants after
the award of works.
The Consultants should prepare and provide in technical proposal
sub head wise quantified and priced details of man months intended
to be actually employed for construction supervision and give CVs of
the staff proposed to be employed for design and construction
supervision.
It must be clearly understood that in the event of any employees leaving the
Consultant or having been removed by the Consultant on recommendations
of the Client/Project Directors, the Consultant shall be bound to replace
such person with persons of equivalent/better qualification and experience
within reasonable time.
The client will authorize the IAC/APCs for examining the quality of work
being executed by authorizing them periodic visits for top supervision of
works. The designated architect/engineer (IAC or APCs) shall inspect the

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 works periodically and convey his findings to MACs and Project
Directors/HEC.

16.2 Consultant as “The Engineer”:

The Consultant (MACs) during construction supervision shall act as
Authorized “Engineer” in terms of contracts to be entered into with the
Contractors. He shall be responsible for checking quality and quantities of
work and authorizing payments to the Contractor as provided for in
the Contracts.
He shall also be responsible for maintaining systematically all
correspondence between the client, contractor, IAC APCs and collaborator
as the case may be.

16.3 As Built Drawings:

The Consultant (MACs) shall maintain a complete set of record of as built
drawings and specifications noting all changes authorized from the original
contract documents. The as built drawing when submitted by the
contractors shall be properly and promptly reviewed by the
Consultants for accuracy.

16.4 Shop Drawings:

Where the contractors are required under the contract for construction to
submit shop drawings of the goods required to be manufactured, these
shall on receipt be promptly reviewed and approved by the consultants who
will also insure that no additional costs are required to be incurred by the
client, nor there are any deletions permitted from the provisions of the
specifications

16.5 Adherence to Construction Programme:

The Consultant (MACs) or his authorized representative/ representatives
including “The Engineer” shall ensure that all works are executed in

- 42 -
 accordance with the computerized programmes of construction works,
approved by the client. The programmes shall be prepared on CPM/PERT
as applicable. Delays if any in the critical activities shall be immediately
brought to the notice of the client. Bi-weekly meeting will be held
between the contractor, the Engineer and the client’s representatives
to expedite the work in accordance with the schedule. The meetings will
high light the drawings required from Clients/ Consultant (MACs) and in
puts by Contractor. Progress report in the forms to be approved by the
Project Director shall be submitted by the Consultants to the Project
Director every month with copies to client and on achieving mile stones as
per computerized programmes.

In the event of delays from the programme of execution of works the

Consultant (MACs) shall immediately discuss issues resulting from
such delays and revise the original programme to cover such delays
requiring extra inputs from the contractors as well as his own
supervisory staff at no additional cost to the client. The Consultant
(MACs) shall advise the client of the sufficiency of contractor’s staff
and equipment employed on the site of works and shall take measures
to ensure in their contract provisions, that the staff and the equipment
employed by the contractors at site is commensurate with quantum of
work and the agreed time schedule.

16.6 Inspection/Acceptance and Quality Assurances:

In addition to the contractual provision with contractors where the
Consultant (MACs) has full authority for inspection/acceptance and
quality assurance and is squarely responsible for the execution of
works in time and to desired standards of quality, it is incumbent that
the Consultant (MACs) shall prepare in association with the contractors and
the clients representative a detailed Quality Control programme which
should determine the responsibilities of various officers/officials from
amongst the consultant’s (MAC’s) staff authorizing the execution of

- 43 -
 activities during the process of execution of work so that it should be
possible to trace back the responsibility for the defects appearing in
the construction subsequently from the records of such quality
assurance programme. Similarly the employer’s representatives at
site shall also ensure that the contractor executing the work is
complying with the drawings and specifications.

16.7 Project Management:

The Consultants (MACs) shall employ properly qualified staff for the
purposes of Project Management and reporting during construction
operations. Any differences of opinion between the MACs, IAC & APCs
shall be refered to the Management Committee appointed by HEC in the
Head Office, in addition to the Employers representatives appointed at work
sites for quality assurance. The Management Committee appointed by the
client shall constitute:
a) Federal Coordinator-I, UESTP/HEC.
b) Federal Coordinator-II, UESTP/HEC.
c) Engineering Advisor, UESTP/HEC.
d) Respective Project Directors
e) Two co-opted members ( one structural engineer and one architect)
All decisions taken by the Management Committee shall be final and
binding on the Consultants (MACs/IAC/APCs) and the Contractor as if
having been taken by the Employer (client).

16.8 Quality Control through Testing Laboratories:

The Consultant will through laboratories to be established by the
contractors at work sites for which provisions shall be made in work
contracts ensure that all equipment provided therein is properly calibrated
and giving correct results when destructive testing is done on samples
obtained from site. In addition the Consultant will be equipped with non
destructive devices to ensure that the quality of work achieved in the
actual execution is not inferior to those specified or indicated by the

- 44 -
 laboratory results. The Consultants (MACs) acting as “The Engineer” may
suspend the construction for limited periods under relevant contract clause
if the contractor fails to redress the defects pointed out by the Consultants
(MACs) in the quality of materials or method of execution of work, found not
in accordance with the provision of the contract specifications.
The Consultant (MACs) will be responsible for correct authorization of
interim payments including finalization of the account on the
completion of the project and cessation of defect liability period.

16.9 Limitations on the Powers of “The Engineer”:

The Consultant (MACs), the Engineer or Engineer’s representatives are not
authorized:-
a) To make variations to quality or quantities of work without prior
approval of the client, which may increase cost of work.
b) Make such changes in the specifications as for use of lower quality
materials and/or execute work on poorer specifications.
The Consultant acting as “Engineer” in respect of discharge of their duties
shall act judiciously safeguarding the interest of the client basing his
decisions on equity between the parties.

16.10 Alterations/Modifications to Design:

The Consultant (MACs/IAC/APCs) shall not make any alterations or
modifications to the designs of buildings and construction drawing unless
he is of the considered opinion that the original design prepared by
him were either inaccurate or required changes as a result of
authorized addition and alterations ordered by the client. Nevertheless
such changes if required shall be got cleared from the Management
Committee in writing.

16.11 Bid Validity:

- 45 -
 The bids provided by consultants in their financial proposal/as negotiated
shall be valid for a period of six months from the date of opening of financial
proposals.

16.12 Contract Format:

The Contract with the Consultants shall be executed on the format issued
by Pakistan Engineering Council, Islamabad titled.

- 46 -
 STANDARD FORM OF CONTRACT
FOR
ENGINEERING CONSULTANCY SERVICES
(for Large Projects)
Lump sum Assignments

16.13 Form of Agreement:

The Form of Agreement will be as shown in Annexure-X

16.14 Special Conditions of Contract:

The provisions of SC (Special Conditions of Contract) shall have priority on the
General Conditions (GC). These are described in Annexure-XII

16.15 Earnest Money:

The financial proposal shall accompany an earnest money amounting to Rupees
One Million (Rs.1 Million) for MACs and US $ 4000 for IAC & APCs through Pay
Order in favour of HEC or deposit at call. The earnest money shall be forfeited in
case the Consultants fail to under take the work within time specified in the
conditions of contract.

16.16 Liquidated Damages:

As specified in the Special Conditions Annex-(XII) clause 2.4 (c).

16.17 Performance Security:

The Consultants shall within 15 days of the issue of letter of award, provide to
HEC a Performance Security to cover 10% of the estimated fees payable to them
under the Contract worked out on his quoted percentage on the provisions of the
PC-I’s + LS. quotes for preparing Master plans, designs and supervision, from a
renowned insurance company acceptable to the client. Irrespective of the actual
fees admissible to them. The performance security shall be kept valid till the
completion of contract and cessation of defects liability period of the Contractor.

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Where the consultants are authorized to do the works in packages, he shall
provide the performance security for the works authorized by the client/PD’s.

17. Adjustment to Fees:

If during the execution of works, it is found that the Contract amount as a result of
variations in quantities/quality of work reduces by more than 5%, the fees of the
Consultants shall be reduced accordingly save that there shall be no increase in
fees, if the Contract amount increases.

18. Increase in Consultancy Fees for Supervision due to time over runs:
The fees of the Consultants for construction supervision due to time over runs
shall be subject to adjustment as follows:

a) If the time over run for construction supervision is due to the fact that

- i) The Consultant did not issue enough construction drawings along

with the tender, which resulted in delays. Nothing extra shall be
paid to the Consultants. In this connection clause 6.4 of G.C.
FIDIC 4 refers.

ii) If the Contractor defaults to execute the work in the required time
and the Consultants (MACs) have taken due care to expedite the
works through issue of notices, the additional fees payable to the
Consultant (MACs) for time over run shall be borne by the
Contractors in addition to liquidated damages payable by
him. A provision to this effect shall be made by the
consultant (MACs) in the Contract documents issued to the
Contractors.

19. Payment of Consultancy Fees to MACs for Supervision:

The fees payable to the Consultants (MACs) for supervision shall depend on the
progress achieved by the Contractors and shall be worked out on the contracted

- 48 -
percentage of the value of work done by the Contractors. Only in cases where
client (i) increases the quantum of work after the award of works to the
Contractors; (ii) Fails on the issue of client’s supplied materials or due to
such other action which are beyond the control of the Consultant (MACs)
and the Contractors except for force majeure that increase in consultancy
fee shall be considered based on the actual expenditure incurred by the
Consultants giving effect to changes stated above. No adjustment in fees shall
be made on account of force majeure.
The fees payable to IAC/APCs for top supervision shall be based on per diem
basis per visit charges in addition to business class air travel charges,
boarding and lodging to be provided by the client.

20. Services included in the Fees of the Consultant:

All the services defined in the terms of reference or as agreed in the terms of
reference as a result of improvements to/deletions from the terms of reference,
resulting from the Consultant’s technical report shall be deemed to be included in
the contracted fees of the Consultants. They are stated hereunder but not limited
to the same.

Services in respect of Phase-I Works:

a) Preparation of study report on land required for ultimate expansion of

the universities. ( IAC)
b) Topographic Surveys. (MACs)
c) Preliminary Geo-technical Investigations/soil surveys. (MACs)
d) Preparation of conceptual Master Plans and report. (IAC)
e) Preparation of final Master Plan. (MACs)
f) Services relating to conceptual planning all external utilities like roads,
pavements, parking, water supply, sewerage, s.w. drainage, electricity
and others in the area including source development and disposal works
as required. (IAC)

- 49 -
g) Preliminary Architectural designs of buildings and out line specifications
except Library. (IAC)
h) Preliminary Architectural Designs of Library buildings. (APCs)
i) Preparation of hydrological studies (MACs)

Services in respect of Phase-II Works:

a) Detailed Geo-technical investigations. (MACs)
b) Architectural services for all buildings except National Signature
Building(NSB) (final).(MACs)
c) Architectural services for National Signature Building (NSB) (Final)
(APCs).
d) Structural services for all buildings including National Signature
Building(NSB) (MACs)
e) Detailed design of all services I/C Electrical/Mechanical Engineering
Services including design and installation of universities own power
plant, H.T., L.T. lines, installation of lifts, HVAC works where authorized.
(MACs)
f) Landscaping and Garden Design Services as specified. (IAC)
g) Interior design services including design of furniture and furnishing.
(MACs)
h) Any other service such as those captioned in Para (II) or relating to
graphic design, industrial design, financial advisory services,
payment of expatriate sub-Consultants with the prior approval of
the client for doing specialized jobs, the facilities of which are not
available with the Consultant. (IAC)
i) Preparation of construction documents comprising of instructions to
bidders, general conditions of contract, conditions of particular
application, special conditions addenda’s/corrigenda’s engineers cost
estimates, BOQ’s specifications and construction drawings etc in
packages or for turn key documents as specified. (MACs)

- 50 -
 j) Pre construction stage: Preparing documents comprising of engineers
cost estimates attending to pre bid meetings, issuance of addendum etc.
(MACs)
k) Evaluation of tenders and recommendations for award of works (MACs)
I/C assistance required during negotiations if required to be carried out.
l) Project Management, detailed construction supervision and quality
control services. (MACs)
m) Periodic/ Top Supervision of works. (IAC/APCs as applicable)

Note:- The services defined in 20(h) above are only payable if specifically stated
in the technical report and fees quantified in the financial reports submitted by the
Consultant. (IAC)

21. Consultant Offices (Mandatory Provisions)

Since the Consultant (MACs) is likely to work on more than one UESTP, he shall
open a co-ordination office along side the offices of the Project Directors. This
office shall be maned with an experienced architect who shall do all co-ordination
between the Project Directors, MACs, IAC and APCs during the Phase I works.
This architect shall also be a member of the consultants supervisory team as the
construction work on the UESTPs progress and responsible to ensure that the
salient architectural features of the buildings are faithfully being in corporated in
the execution of buildings. The consultant (MACs) shall be responsible for all the
expenses in connection with the opening of this co-ordination office. The
consultant MACs shall provide the CV of the proposed architect and include him in
the man month schedule.

22. Documents prepared by consultant to be the property of client:

All plans, drawings, specifications, reports and other documents and software
prepared by the consultants (MACs, IAC, APCs) as per deliverables already stated
in these Terms of Reference shall become and remain the property of HEC and
the consultant (IAC, MACs, APCs) shall not later than on termination or expiration

- 51 -
of this contract deliver (if no already delivered) all such documents and software to
the client together with detailed inventories thereof.
For repetitive works/buildings in a university the consultants will repaid fees for the
one unit building type only except as stated and elaborated in Para 15.5 of these
Terms of Reference

23. Fees and Remunerations:

The Consultant shall quote fees as specifically asked for in the conditions of
particular application of the contract format and detailed in Annexes- (VII) (VIII),
(IX) and (X). These fees shall be considered as full and final settlement of all the
services to be provided/already detailed including services required as per over
riding clause.

24. Advance Payment:

No advance payments shall be admissible unless the payments of such advance
not executing 10% of the design fees have been specifically approved by the
employer as mobilization costs subject to provisions of a bank guarantee from an
approved scheduled bank en-cashable immediately on presentation, without
reference to the Consultants, is provided by the Consultants. The advance
payments shall be recovered from the design fees of Phase-I & Phase-II while
authorizing payments along with interest charges. The bank guarantee should
cover the entire duration of the contract including such extensions as may be
granted by the client from time to time or till the advance is fully paid, whichever is
earlier. 15% simple interest shall be charged on all advance payments on reducing
balance basis.

25. Time Schedule:

Time for completion of design services included in Phase-I will be 4 months from
the date of issue of work order. For Phase-II services, and the extra work awarded
to the Consultant for each UESTP is required to be completed in 5 years The
Consultants (MACs) shall quantify the time required for the design and
construction supervision phases of development of infrastructural services and

- 52 -
buildings separately. A detailed programme on CPM for the completion of
design/supervision services along with man month schedules shall be submitted
institution wise and included in the technical report. The Consultants shall propose
absolute minimum time required, so that the construction work of these institution
is taken in hand expeditiously. The proposed time schedule shall be strictly
followed, while time being deemed to be the essence of the Contract.

26. Award of Consultancy Services:

The Consultancy Services shall be awarded as per provisions of Para 7(Selection
Procedure) sub Para (2),(3), (4) , (5) and (6) as contained PEC Byelaws gazetted
vide statutory notification (SRO) issued by Government of Pakistan, Ministry of
Water and Power SRO 809 (1)/86 dated 24.08.1986 and its latest amendments,
read with the provisions of PPRA rules for single stage two envelope system.
The Consultants shall submit the technical and financial proposals in separate
sealed envelopes, marked "Technical Proposal and Financial Proposal". In the 1st
instance the technical proposals shall be opened and evaluated by a Committee to
be appointed by the client for this purpose. This Committee shall determine the
rankings of various Consultants.

27. Evaluation Criteria:

The evaluation criteria shall be as follows:

(a) Evaluation of the firm in terms of the qualifications and experience of

its principals and the tasks it has carried out in the past. Previous
experience in the design of universities will be of particular
significance.

(b) Legal status, viz. up-to-date registration with PEC/PCATP in

appropriate disciplines (Mandatory).

(c) Income tax registration. (N.T.N Certificate, Mandatory for MACs)

(d) Understanding of the project needs in conformity with the provisions

of the ToR.
- 53 -
 (e) Methodology proposed for the preparation of the designs.

(f) Work Plan for the whole programme.

(g) Project Management Schedule.

(h) Experience and qualifications of personnel to be assigned to the

project for planning, design and construction supervision.

(i) Present work load and capacity to fulfil the requirements of this
programme.

(j) Financial Status. (Attached copies of audited balance sheets for last
three years)

(k) Work output for the last three years.

(l) Results of any litigation entered into with clients during the last five
years.

(m) Improvements proposed in the ToR.

(n) Innovative techniques proposed for project execution.

(o) Technical knowledge of the design of laboratories

(p) Knowledge of the design of technology (science) parks.

28. Evaluation process

28.1 Opening of bids

The financial proposals of the first three ranking Consultants shall be opened in the
presence of the representatives of the Consultants who may care to attend. The fees
quoted by the Consultants shall be negotiated by the Committee for finalization in
the order of the ranking of the Consultants as per the provisions of PEC rules.

28.2 Fee negotiations

- 54 -
 It should be understood that even if the fees quoted by the first or second
ranking Consultants are the lowest, the Committee will have the power to
negotiate the fees in a transparent manner amongst the Consultants to an
acceptable level.

29. Powers of the Client to Award Works:

The client reserves the right to increase or decrease the scope of the work, to
award the work to any of the Consultants it chooses, or to divide the work among
several different consultants without assigning any reason. The decision of the
client shall be final and binding and may not be challenged in any Forum or Court
of Law.

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 Annexure X

Format of Contract
 ,...
/ •.. -., -~-,~,- '.,.

FORM OF CONTRACT

INotes: J. Use this Form of Contract when the ConsuLtants pe/form Services as
SoLe ConsuLtants.

2. In case the ConsuLtants pe/form Services as a Member of the joil/!

velllure, use the Form iI/eluded at the end.

3. All notes shouLd be deLeted ill the finaL text.!

This CONTRACT (hereinafter called the "Contract") is made the day

of thc month of (year)_, between, on the one hanc\.

(hcrcinaftcr called the "Client" which expression shall include the successors. legal
rqJrcscntalives and permitted assigns) and. on the other hand.

(hereinafter called the "Consultants" which expression shall include the successors.
legal rC[ncsclllatives and permitted assigns).

WIIEREAS

(a) the CI ient has requested the Consultants to provide certain consulting
services as defined in the General Conditions of Contract attached to this
Contract (hereinafter caJled the "Services"); and

(11) the Consultants, having represented to the Client that they have the required
professional skills, and personnel and technical resources, have agreed to
provide the Services on the terms and conditions set forth in this Contrnct;

NOW THEREFORE the Parties hereby agree as follows:

I. The following documents attached hereto shall be deemed to form an integral

part of this Contract:

(a) the General Conditions of Contract;

(b) the Special Conditions of Contract;
(c) the following Appendices:

INote: If any of these Appendices are not used, the words "Not Used"
shouLd be inserted beLow/next to the titLe of the Appendix and on the
sheet attached hereto carrying the title of that Appendix. I

Appendix A : Description of the Services

Appendix B : Reporting Requirements
Appendix C : Key Personnel and Subconsultants
Appendix 0 : Breakdown or Contract Price in Foreign Currency
 Appendix E : Breakdown of Contract Price ill Local Currency
Appendix F : Services & Facilities to he Provided hy the Cliellt
7
The mutual rights and obligations of the Client and the Consultants shall be
as set forth in the Contract, in particular:

(a) the Consultants shall carry out the Services in accordance with tht:
rrovisions of the Contract~ and

(Ii) the Client shall make payments to the Consultants in accordance with
the provisions of the Contract.

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed
in their respective names in two identical counterparts. each of which shatl be
deemed as the original, as of the day and year first above written.

For and on behalf of

Witness (CLIENT)

Sigl1atures _ Signatures _

Name Name

Title _
Title _
Seal

For and 011behal I' of

Witness (CONSU L T ANTS)

Signatures ... _ Signatures _

Name
Name _
Title Title ----------
Seal
 Annexure XI

General Conditions of
Contract
 ,
\ ( - -. -. ,,to- .I'
....\. ,

II. GENERAL CONDITIONS OF CONTRACT

1. GENERAL PROVISIONS

1.1 Definitions

Unless the context otherwise requires, the following terms whenever used 111

this Contract have the following meanings:

(a) "Applicable Law" means the laws and any other instruments having
the force of law in the Islamic Republic of Pakistan, as those may be
issued and in force from time to time:

(b) "Contract" means the Contract signed by the Parties, to which these
General Conditions of Contract (GC) are attached, together with all
the documents listed in Clause I of such signed Contract:

(c) "Contract Price" means the price to be paid for the performance of
the Services, in accordance wi,th Clause 6;

(c1) "Effective Date" means the date on which this Contract comes Into
force and effect pursuant to Clause 2. I.

(e) "GC" means these General Conditions of Contract;

(0 "Government" means the Government of the Islamic Republic of

Pakistan and/or Provincial Government(s);

(g) "Foreign Currency" means currency other than the currency of

Islamic Republic of Pakistan.

(h) "Local Currency" means the currency of the Islamic Republ ic of

Pakistan;

(i) "Member" in case the Consultants consist of a joint venture of more

than one entity, means any of the entities, and "Members" means all
of these entities;

(j) "Party" means the Client or the Consultants, as the case may be, and
"Parties" means both of them:

(k) "Personnel" means persons hired by the Consultants or by any

Subconsultant as employees and assigned to the performance of the
Services or any part thereof;

(I) "se" means the Special Conditions of Contract by which the GC are
amended or supplemente?:
 (m) "Services" means the work to be performed by the Consultants
pursuant to this Contract, as described in Appendix A;

(n) "Subconsultant" means any entity to which the Consultants

subcontract any part of the Services in accordance with the provisions
of Clause 3.6; and

(0) "Third Party" means any person or entity other than the Client. the
Consultants or a SubconsultanL

(p) "Project" means the work specified in SC for which engllleenng

consultancy services desired.

1.2 Law Governing the Contract

This Contract, its meaning and interpretation, alid the relation between the
Parties shall be govenled by the Applicable Law.

1.3 Language

This Contract has been executed in the English language which shall be the
binding and controlling language for all matters relating to the meaning or
interpretation of this Contract. All the reports and communications shall be
in the English language.

1.4 Notices

Any notice, request, or consent made pursuant to this Contract shall be in

writing and shall be deemed to have been made when del ivered in person to
an authorised representative of the Party to whom the communication is
address~d, or when sent by registered mail, telex, or facsimile to such Party
at the address of the Authorised Representatives specified under Clause SC
1.6. A Party may change its address for notice hereunder by giving the
other Party notice of such change.

1.5 Location

The Services shall be performed at such locations as are specifiep in

Appendix A and, where the location of a particular task is not so specified,
at such locations as mutually agreed by the Parties.

1.6 Authorised Representatives

I: Any action required or permitted to be taken, and any document required or

I permitted to be executed, under this Contract by the Client or the
I
II Consultants shall be taken or executed by the officials specified in the Sc.
 Taxes and Duties

Unless specified in the SC, the Consultants, Subconsultanrs, and their

Personnel shall pay such taxes, duties, fees, and other impositions as may be
levied under the Applicable Law, the amount of which is deemed to have
been included in the Contract Price.

1.8 Leader of Joint Venture

In case the Con~ultants consist of a joint venture of more than one entity, the
Consultants shall be jointly and severally bound to the Client for fulfillment
of the terms of the Contract and designate the Member named in the SC to
act as leader of the Joint Venture, for the purpose of receiving instructions
froll) the CI ient.

2. COMMENCEMENT, COMPLETION, MODIFICATION,

AND TERMINATION OF CONTRACT

2.1 Effcctivcllcss of Contract

This Contract shall come into force and effect on the date (the "Effective
Date") of the Client's notice to the Consultants instructing the Consultants to
begin carrying out the Services. This notice shall confirm that the
effectiveness conditions, if any, I istedin the SC have been met.

Termination of Contract for Failure to Become Effective

___~LLthis Contract has not Qecome effective within such time period after the
. date of the Contract signed by the Parties as shall be specified in the Sc.
either Party may, by not less than four (4) weeks' written notice to the other
Party, declare this 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 except for the work (if any) already done or costs already
incurred by a Party at the reques~ of the other Party.

2.3 Commencement of Services

The Consultants shall begin carrying out the Services at the end of such time
period after the Effective Date as shall be specified in the SC.

2.4 Expiration of Contract

Unless terminated earlier pursuant to Clause 2.9, this Contract shall expire
when, pursuant to the provisions hereof, the Services have been completed
and the payments of remunerations including the direct costs if any, have
 heen made. TLe Services shall be completed within a period as is specified
in the SC, or such extended time as may be allowed under Clause 2.6.
I
I
I The term "completion of services" is as specified in the Sc.

2.5 Modification
I'

Modification of the terms and conditions of this Contract, including any

I modification of the scope of the Services or of the Contract Price, may only
be made in writing, whieh shall be signed by both the Parties.

2.6 Extension of Time for Completion

If the scope or duration of the Services is increased:

(a) the Consultants shall inform the Client of the circumstances and
probahle (;;lects;

(b) the increase shall be regarded as Additional Services; and

- (c) the Client shall extend the time for completion of the Services
accordingly.

2.7 Force Majeure

2.7.1 Definition

(a) For the purposes of this Contract, "Force Majeure" means all event
which is beyond the reasonable control of a Party and which makes a
Party's performance of its obligations under the Contract impossible
or' so impractical as to be considered impossible under the
circumstances, and includes, but is not limited to, war, riots. civil
disorder, earthquake, fire, explosion, storm. tlood or other adverse
weather conditions, strikes, lockouts or other industrial actions
(except where such strikes, lockouts or other industrial actions are
within the power of the Party invoking Force Majeure to prevent).
confiscation or any other action by government agencies.

(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
Subconsultants or agents or employees, nor (ii) any event which a
diligent Party could reasonably have been expected to both (A) take
into account at the time of the conclusion of this Contract and ([3)
avoid or overcome in the carrying out of its obligations hereunder.

(c) Force Majeure shall not include insufficiency of funds or failure

make any payment required hereunder.
2.7.2 No Breach of Coutnact

The failure of a Party to fulfill any of its obligations under the Contract shall
not be considered to be a breach of, or default under this Contract in~ofar as
such inability arises from an event of Force Majeure, provided that the Party
affected by such an event; (a) has taken all reasonable precautions. clue care
and reasonable alternative measures in order to carry out the terms and
conditions of this Contract; and (b) has informed the other Party in writing
not later than fifteen (15) days following the occurrence of such an event.

2.7.3 Extension of Time

Any period within which a Party shall. pursuant to 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.

2.7.4 Payments

During the period of their inability to perform the Services as a result of an

event of Force Majeure, the Consultants shall be entitled to continue to be
paid under the terms of this Contract, as well as to be reimbursed for
additional costs reasonably and necessarily incurred by them during such
period for the purpose of the Services and in reactivating the Services after
the end of such period.

2.8 Suspension by the Client

The Cl ient may, by written notice of suspension to the Consul tants, suspend
all payments to the Consultants hereunder if the Consultants fail to perform
__~!1)1 <?ftheir obligations uneler this Contract, including the carrying out of the
Services, provided that such notice of suspension (i) shall specify the nature
of the failure, and (ii) shall request the Consultants to remedy such failure
within a period not exceeding thirty (30) days after receipt by the
Consultants of such notice of suspension.

2.9 Termination

2.9.1 By the Client

The Client may terminate this Contract, by not less than thirty (30) clays
written notice of termination to the Consultants, to be given after the
occurrence of any of the events specified in paragraphs (a) through (e) of
this Clause 2.9.1 and sixty (60) days' ill the case of the event referred to in
(f) :

(a) if the Consultants do not remedy a failure in the performance of their

obligations under the Contract, within thirty (30) days after being
 Ilotified or within any further period as the Client may Ii
ave
subsequently approved in writing;

(h)
if the Consultants become (or, if the Consultants consist of more I,
one entity, if any of their Members becomes) insolvent or hank.lal;
or enter into any agreements with their creditors for relief of debtUPor
take advantage of any law for the benefit of debtors or go into
liquidation or receivership whether compulsory or voluntary:

(e) if the Consultants fail to comply with any final decision reached.
result of arbitration proceedings pursuant'to Clause GC 7 hereof: !as a

(d) if the Consultants submit to the Client a statement which hi

material effect on the rights. obi igations or interests of the CI ient (15cmda
which the Consultants know to be false;

(c)

perform
if, as thea result
materialof portion
Force Majeure,
of the Services
the Consultants
for a periodare ofunable
notlless10
than sixty (60) days; or

(f) if Ihe Client, in its sole discretion, decides to terminate this Conliracl.

2.9.2 By the Consultants

days written notice to the Client, such notice to be given after the occur ence
The
of any
Consultants
of the events
may specified
terminate inthis
paragraphs
Contract, (a)bythrough
not less(d)than
of thislause
thirt~' (30)
2.9.2:

(a) to-thiS Contractfailsandto not

if th~ Client pay subject to dIspute
an~ monie~ pursuam
due to to Clause Pllfsuam
the Consultants 7 ithin

Consultants
forty-five that such
(45) days payment
after is overdue;
receiving or
writteil notite fron1 I the

(b) if the Client is in material breach of its obligations pursuant to this

Contract and has not remedied the same within forty-five (45) clays
(or such longer period as the Consultants may have subseq~lemly
approved in writing) following the receipt by the CI ient ("f the
Consultants I notice specifying such breach;

(c) if, as a result of Force Majeure, the Consultants are unable to

perform a material portion of the Services for a period of Ill)t less
than sixty (60) days.

or

(d) if the Client fails to comply with any final decision reache~j\ as a
result of arbitration pursuant to Clause GC 7 hereof.
2.9.3 Cessation of Services

Upon receipt of notice of termination under Clause 2.9.1, or the giving 01

notice of termination under Clause 2.9.2, the Consultants shall take all
necessary steps to bring the Services to a close in a prompt and orderly
manner and shall make every reasonable effort to keep expenditures for this
purpose to a minimum. With respect to documents prepared by the
Consultants, and equipment and materials furnished by the Client. the
Consultants shall proceed as provided, respectively, by Clauses 3.8 or ].9.

2.9.4 Payment upon Termination

Upon termination of this Contract pursuant to Clauses 2.9.1 or 2.9.2. the

Client shall make the following payments to the Consultants:

(a) remuneration and reimbursable direct costs expenditure pursuant to

Clause 6 for Services satisfactorily performed prior to the clkctive
date of termination. Effective date of termination for purposes of this
Clause means the date when the prescribed notice period \vould
expire;

(I» except in the case of termination pursuant to paragraphs (a) through

(d) of Clause 2.9.1, reimbursement of any reasonable cost incidelltto
the prompt and orderly termination of the Contract, including the
cost of the return travel of the Personnel, according to Consultallts
Travelling Allowance Rules.

I n order to compute the remuneration for the part of the Services

_ sa~isfactorily performed prior to the effective elate of terminatioll. the
respective remunerations shall be proportioned.

2.9.5 Disputes about Events of Termination

If either Party disputes whether an event specified in paragraphs (a) through

(e) of Clause 2.9.1 or in Clause 2.9.2 hereof has occurred, such Party may,
within forty-five (45) days after receipt of notice of termination from the
other Party, refer the matter to arbitration pursuant to Clause C:;C7 hereof.
and this Contract shall not be terminated on account of such event except 111
accordance with the terms of any resulting arbitral award.

3. OBLIGATIONS OF THE CONSULTANTS

3. I General

The Consultants shall perform the Services and carry out their obligations
with all due diligence, efficiency, ane! economy, in accordance with
generally accepted professional techniques and practices, and shall observe
-7:'''''.~":~j:
Tc'!1.

. ,,·1
"IJ

1J
[,
\,
f'
I,
I sound managcmcnt practices, and cmploy appropriate advanced tccI1noll1gy
I
I; and safe methods. The Consultants shall always act, in respect of any mailer
I' relating to this Contract or to the Services, as faithful advisers to the Cli~nl.
and shall at all times support and safeguard the Client's legitimate interests
I;
II in any dealings with Subconsultants or third parties.
Ii
I'
il 3.2 Consultants Not to Benefit from Commissions, Discounts, etc.
Ii

The remuneration of the Consultants pursuant to. Clause 6 shall constitute the
Consultants' sole remuneration in connection with this Contract or the
j
Services, and the Consultants shall not accept for their own benefit any trade
cOlTlmission. discount, or similar payment in connection with activities
pursuant to this Cantract or to the Services or in the discharge of their
obligations under the Cantract, and the Consultants shall use their best
efforts to ensure that the Personnel, any Subconsultants. and agents of either
of them similarly shedl nat receive any such additional remuneration.

3.3 Con fidentiality

The Consultants, their Subconsultants, and the Personnel of either of tl~el1l

shall nOI, either during the term or within two (2) years after the expira ion
of this Contract, disclose any proprietary or confidcntial infonnation rcla in).'.
to the Project, the Services, this Contract, or the Client's busillCSS nr
operations without the prior written consent of the Client.

3.4 Liability of the COllsultants

his part ar on the part af his employees in so. far as the design af the Prt .icel
is concerned
The to the
Consultants areextent
liableand
for with
the the limitations ofaserrars
cansequence mentianed hereinbel w.
and omlsslon~on

If thcClient suffers any losses or damages as a result of proven faults. err(lrs

or omissions in the design of a project, the Consultants shall make good 1uch
losses or damages, subject to the conditions that the maximum liability as
aforesaid shall not exceed twice the total remuneration of the Consultants for
design phase in accordance with the terms of the Contract.
I

The I iabil ity of the Consultants expires after one (I) year from the stipulhted

date of completion of construction or after three (3) years from the dat~ of

The Consultants may to protect themselves, insure themselves against heir

liabilities, but this is not obligatory. The extent of the insurance shall b' up
final completion of the design whichever is later.
to the limit specified in second para above. The Consultants shall proclIru the
t
necessary cover before commencing the Services and the cost of pmClJring
such cover shall be borne by the Consultants lip to. a limit of ane percel~t of
the total remuneration of the Consultal\ts for the de~igl1 phase for every Iyear
of keeping such cover effective. '

"

li~c,~",- .
 "
,

The Consultants shall, at the request of the Client, indemnify the Cliet1l
against any or all risks arising out of the furnishing of pro(essional services
by the Consultants to the Client, not covered by the provisions contained in
the first para above and exceeding the limits set forth in second para above
provided the actual cost of procuring such indemnity as well as costs
exceeding the limits set forth in fourth para above shall be borne by the
Client.

3.5 Other Insurance to be Taken out by the Consultants

The Consultants (a) shall take out and maintain, and shall cause any
Subconsultants to take out and maintain, at their (or the Subconsultants'. as '
the case may be) own cost but on terms and conditions approved by the
Client, insurance against the risks. and for the coverage, as,are specified in
the SC; and (b) at the Client's request. shall provide evidence to the Client
showing that such insurance has been taken out and maintained and that the
current premiullls have been paid.

3.6 Consultants' Actions Requiring Client's Pl'iOt, Appl'Oval

The Consultants shall obtain the Client's prior approval in wr1l1l1g hefore
taking any of the following actions:

(a) appointing such Personnel as are listed in Appendix-C merely by title

but not by name;

(b) entering into a subcontract for the performance of any part of the
Services, it being understood (i) that the selection of Subconsultants
and the terms and conditions of the subcontract shall have been
approved in writing by the CI ient prior to the execution of the
subcontract, and (ii) that the Consultants shall remain fully I iable for
the performance of the Services by the Subconsultants and its
Personnel pursuant to this Contract:

(c) any other action that may be specified in Ihe St'.

3.7 Reporting Obligations

The Consultants shall submit to the CI ient the reports and documents
specified in Appendix B in the form, in the numbers, and within the periods
set forth in the said Appendix.

3.8 Documcnts Prepared by the Consultants to be thc Propcliy of thc Clicnt

All plans, drawings, specifications, reports, and other documents and

software prepared by the Consultants in accordance with Clause 3.7 shall
 become and remain the property of the Client, and the Consultants shall. not
later than upon termination or expiration of this Contract, deliver (if not
already delivered) all such documents and software to the Client, together
with a detailed inventory thereof. The Consultants may retain a copy \)f
such documents and software.

Restrictron(s) about the future use of these documents is specified in the Sc.

3.9 Equipmcnt and Materials furnished hy the Client

Equipment and materials made available to the Consultants by the Cliel1l, or

purchased by the Consultants with funds provided by the Client, shall be the
property of the Client and shall be marked accordingly. Upon termination
or expiration of this Contract, the Consultants shall make available to the
Client an inventory of such equipment and materials and shall dispose or
such equipment and materials in accordance with the Client's instructions or
afford salvage value of the same. While in possession of such equipment
and materials, the Consultants, unless otherwise instructed by the CI ient in
writing, shall insure them at the expense of the Client in an amount equal to
their full replacement value.

J.IO Accoullting, Inspcction al\(l Auditing

; The Consultants (i) shall keep accurate and systematic accounts and
Ii records in respect of the Services hereunder, In accordance with
t:
internationally accepted accounting principles and in sllch form al,1ddetail as
I:
!,
will clearly identify all relevant time charges, and cost, and the basis
I: thereof, and (ii) shall permit the Client or its designated representatives
1,1

I,
periodically, and up to one year from the expiration or termination or this
ii,
Contract, to inspect the same and make copies thereof as well as to have
them audited by auditors appointed by the Client.

4.CONSULTANTS'PERSONNEL
q
!I 4.1 Description of Personnel
[i
II
,I
Ii" The titles, agreed jub descriptions, mlI1lmUm qualifications, and estimated
periods of engagement in the carrying out of the Services of the Consultants 1

Key Personnel are described in Appendix C. The Key Personnel and

Subconsultants listed by title as well as by name in Appendix C are deemed
to be approved by the Cl ient.

4.2 RClJloval and/or Replacement of Pcrsonnel

"·1
(a) Except as the Client may otherwise agree, no changes shall be made
in the Key Personnel. if, foI' allY reason beyond the rcasonnhle
control or the Consultants, it becomes necessary to replace any or the

t
 Key Personnel. the Consultants shall provide as a replacement a
person of equivalent or better qual ificat ions.

(b) If the Client finds that any of the Personnel have: (i) committed
serious misconduct or have been charged with having committed a
criminal action; or (ii) have reasonable cause to be dissatisfied with
the performance of any of the Personnel. then the Consultants shall.
at the Client's written request specifying the grounds therefor.
provide as a replacement·a person with qualifications ane! experience
acceptable to the CI iell!.

(c) Except as the Client may otherwise agree. the Consultants shall: (i)
bear all the additional travel and other costs arising out uf or
. incidental to any removal and/or replacement: and (ii) bear any
additional remuneration. to be paid for any of the Pcrsol)nel provided
fIi· as a replacement to that or the Personnel being replaced.

5. OBLIGATIONS OF THE CLIENT

5.1 Assistance, Coordination and Approvals

•. 1-' 5.1.1 Assistance

The Client shall use its best efforts to ensure that the Client shall:

(a) provide at no cost to the Consultants. Subconsultants and Personnel

such documents prepared by the Client or other consulting engineers
appointed by the Client as shall be necessary to. enable the
Consultants, Subconsultants or Personnel to perform the Services.
The documents and the time within which such documents shall be
made available. areas specified in the Sc.

(b) assist to obtain the existing data pertaining or relevant to the carrying
out of the Services, with various Goverl1li1ent and other
organisations. Such items unless paid for by the Consultants without
reimbursement by the Client, shall be returned by the Consultants
upon completion of the Services under this Contact;

(c) issue to officials, agents and representatives of the concerned

organisations, all such instructions as may be necessary or
appropriate for prompt and effect ive imp lel1leI1tation of the Serv ices:

(d) assist to obtain permits which Illay be required for right-of-way.

entry upon the lands and propenies for the purposes or this ('ontract.

(e) provide to the Consultants, Subconsultants. and Personnel any such

other assistance and exemptions as may be specified in the SC.

\
 5. j.2 (:o-ordination
I:
11
The CI ient shall

I:

Ii (a) coordinate and get or expedite any necessary approval and clearances
It relating to the work from any Government or Semi-Government
It Agency, Department or Authority, and other concerned organisation
It
named ill the SC.
(b) coordinate with any other consultants employee! by him.

5.1.3 Approvals

The Client shall accord approval of the documents within weeks.

whenever these are applied for by the Consultants.

5.2 Access to Land

The CI ient warrants that the Consultants sha11 have, free 0 f charge.
unimpeded access to all land of which access is required for the performance
of the Services.

5.3 Change in the Applicahle Law

If, after the date of this Contract, there is any change in the Applicable Law
which increases or decreases the cost of the Services rendered by the
Consultants, then the remunerations and direct costs otherwise payable to the
Consultants under this Contract shall be increased or decreased accordingly.
and corresponding adjustment shall be made to the amounts referred to in
Clause 6.2 (a) or (b), as the case may be.

5.4 Services and Facilities

The Client shall make available to the Consultants and the Personne!, for
the purpose of the Services and free of any charge, the services, facilities
and property described in Appendix F at the times and in the manner
specified in said Appendix F, provided that if such services, facilities and
property shall not be made available to the Consultants as and when so
specified, the Parties shall agree on; (i) any time extension that it may be
appropriate to grant to the Consultants for the performance of the Services:
(ii) the manner in which the Consultants shall procure any such services,
facilities and property from other sources; and (iii) the additional
payments, if any, to be made to the Consultants as a result thereof pursuant
to Clause 6 hereinafter.
5.5 Payment

In consideration of the Services performed by the Consultants under this

Contract, the Client shall make to the Consultants such payments and ill sllch
manner as is provided by Clause 6 or this Contract.

6. PAYMENTS TO THE CONSULTANTS

6.1 Lump Sum Remuneration

1

The Consultants I total remuneration shall not exceed the Contract Price and ,
..i
shall be a fixed lump sum including all stan costs; incurred hy Ihe
Consultants in carrying out the Services described in Appendix A. Other
reimbursable direct costs expenditure, if any, arc specified in the fie.
!':xcqH as provided in Clause 5.3, the Contract Price may only hc increased
above the amounts stated in Clause 6.2 if the Parties have agreed to
additional payments in accordance with Clauses 2.5.2.6.5.4 or 6.6.

6.2 Contract Price 1:;;

(a) Foreign currency paymcnt shall he made in the currency ur

currencies specified as fcireign currency or currencies in the S('. and
local currency payment shall be made in Pakistani Rupees.

(b) The SC shall specify the break up of remuneration to be paid.

respectively, in foreign and in local currencies.

6-.~1---'renns and ConditionS-of Payment

Payment will be made to the account of
payment schedule stated in the Sc.
conditions listed in the SC for such
Consultants have submitted an invoice
due.
the Consultants and according to the
Payments shall be made after the
payments have been met, and the
to the Client specifying the amount

6.4 Period of Payment

(a) Advance payment to the Consultants shall be affected within the

period specified in the SC, after the signing of the Contract
Agreement between the Parties.

(b) I\nyother amount due to the Consultants shall be paid by the Client
to the Consultants within twenty-eight (28) days after the
Consultants' invoice has been del ivered to the CI ient.
6.5 Delayed Payment.s

If the Client has delayed payments beyond the period stated in paragraph (b)
of Clause 6.4, financing charges shall be paid to the Consultants for each
day of delay at the rate specified in the SC.

6.6 Additional Services

Additional Services means:

(a) Services as approved by the Client outside the Scope 01 Services

described in Appendix A;

(h) Services to be performed during the period extended pursUant to

Clause 2.6, beyond the original schedule time for completion of the
Services; and

(c) any re-doing of any part of the Services as a result of Client's

instructions.

If, in the 0rlnlon of the Cliel1l, it is necessary to rerform Additional

Services during the currency of the Contract for the purpose of the Project,
such Additional Services shall be performed with the prior concurrence of
both the Parties. The Consultants shall inform the Client of the additional
time (if any), and the additional remuneration and reimbursable direct costs
expenditure for such Additional Services. If there is no disagreement by the
Client within two weeks of this intimation, such additional time.
remuneration and reimbursable direct costs expenditure shall be deemed to
become part of the Contract. Such remuneration and reimbursable direct
costs expenditure shall be determined on the basis of rates provided in
Arpendice~~ D and E, in case the Additional Services are performed during
the scheduled period of the Services, otherwise remuneration for Additional
Services shall be determined on the basis of Consultants' billing rates
prevailing at the time of performing the Additional Services.

6.7 COllsultants' Entitlement to Suspend Services

If the Cl ient fails to make the payment of any of the Consultants' invoice
(excluding the advance payment), within twenty-eight (28) days after the
expiry of thc time stated in paragraph (b) of Clause 6.4, within which
rayment is to be made, the Consultants may aftcr giving not less than
fourteen (14) days' prior notice to the Client, suspend the Services or reduce
the rate of carrying out the Services, unless and until the Consultants have
received thc paymellt.

This actioll will not prejudice the Consultants entitlement to financing

charges under Clause 6.5.
 7. SETTLEMENT OF DISPUTES

7.1 Amicahle Settlement

Tile Parties shall use their best efforts to settle amicably all disputes arlsln~
uut of or in connection with this Contract or its interpretatioll.

7.2 Dispute Settlement

Any dispute between the Parties as to mailers ansll1g pursuant to this

Contract which cannot be settled amicably within thirty (30) days after
receipt by one Party of the other Party's request for such amicable selllemel1t
Illay be subillitted by either Party for settlement in accordance with the
provisions or the Arbitration Act, 1940 (Act No. X of 1940) ami of the Rules
made thereu nder and any statu tory mod ificat ions thereto.

Services under the Contract shall, if reasonably possible. continue cluring the
!,I
arbitration proceedings and no payment clue to or by the Client shall be
i'l
withheld 011 account of such proccedings.

.,
j.
APPENDICES
 Annexure XII

Special Conditions of Contract

D.

An nexu re-XII

HIGHER EDUCATION COMMISSION SPECIAL

CONDITIONS OF CONTRACT INCLUDING
FINANCIAL PROPOSAL

No. of Amendments of and supplements to, Clauses in the General Conditions Clause
of Contract.

1.1. Definitions

The following definitions are added:

(a) In sub-clause (I) after the word supplemented add "and in case
of ambiguities or discrepancies, provisions of S.C. shall have priority over
the provisions of G.C."

(b.) In sub-clause (p), the definition of "Project" may be substituted

as, "Project" means, preparation of planning, designs and tender
documents including infrastructural services for 4 or more No High tech.
Engineering Universities at Lahore, Karachi & Islamabad.

(c) The following definition maybe added at the end.

"Client" means Higher Education Commission Islamabad represented by

its Management Committee.

1.6 Authorized Representatives

A (1) The Authorized Representatives of the client are the following:

(i) President, Members of Committee or such other

persons, specifically nominated by HEC and intimated to the
Consultants.

(2) The Client's representatives may appoint their assistant

to assist them in carrying out their duties. The names, duties and
scope of authority of such persons shall be notified to the
Consultant.

B The Authorized Representatives of the Consultants are the following:

 1.7 Taxes and Duties

Advance Income Tax will be deducted at source from the bills on gross amount of
the Consultant bills as per rate fixed by the tax authorities and as amended from
time to time.

1.8 Leader of Joint Venture

Not applicable, delete this clause.

2.1 Effectiveness of Contract.

The date on which this contract shall come into effect is the date as
mentioned in the letter of award of the work by the Client.

2.2 Termination of Contract for Failure to Become Effective

For the purpose of this clause, the time period shall be· 7 days·. The notice
period will be 15 days.

2.3 Commencement of Services

Clause 2.3 G.C shall be substituted as under:

"The· Consultant shall begin carrying out services w.e.f. the date of receipt of
letter of award of this work issued by the Client"

2.4 Expiration of Contract

"Clause 2.4 shall be amended as under:

'The contract shall expire on completion of supervision of services subject

to the following:

a. The time for the provision of planning, designs of works included in

Phase I shall be 4 months.

b. The Consultants shall indicate the absolute minimum time required

for the detailed Geotechnical investigations and designs of Phase-II
works along with the time require completing such works.
 c. The time being deemed to be the essence of the Contract must
be strictly followed. In case of delay in completion of design, Q.8.
and tender document services in the period specified/extended
the Client shall impose liquidated damages at the rate of 0.1 % of
the agreement amount per day of delayed period subject to a
maximum of 10% of the agreement amount.

d. The services of the Consultants shall be deemed to have been

completed on the completion of construction Works and cessation
of defect liability period.'

2.5 Extension of time for completion

Clause 2.6 G.C shall be substituted as follows:-

If the scope of services is increased by the Client other than those required or
provided in the TOR, scope of services, or those required to achieve
performance objectives concluded/described' in the contract, the consultant
shall:-

a. Perform such services;

b. Negotiate with the Client the fees and time effects of such increase. The
fees shall be payable on the same parameters on which the
design/supervision is being done.

c. The Client shall extend the time for completion of services accordingly.

2.7 Payment

Clause 2.7.4 G.C shall be substituted. as under:

Any cost incurred by the Consultant during the period of their inability to perform
the services as a result of Force Majeure and in. re-activating the services shall be
deemed to be included in the lump sum prices given by the Consultant and made
part of the Agreement and nothing extra shall be payable for any additional cost
incurred by the Consultant during such period and reactivating the same after
such period of Force Majeure.

2.8 Suspension by the Client

In the sixth line of clause 2.8 G.C, word & figure "thirty (30)" shall be substituted
by the word & figure "fifteen (15)".
2.9 Termination - By the Client

I. Replace the word & figure of thirty (30) days and sixty (60) days with
fifteen (15) days and "thirty (30) days" respectively Clause 2.9.1 G.C

II. In the 2nd line of sub clause (c) of 2.9.1 G.C, replace "arbitration
proceedings" with "decision of dispute adjudication Board".

2.9.2 Bye the Consultants

In 2nd line of clause (d) of 2.9.2 G.C replace "arbitration with "decision of
Dispute Adjudication Board".

2.9.3 Cessation of Services

Delete the last sentence of Clause 2.9.3 G.C starting from "With _ by
clause 3.8 or 3.9" and add 'The Consultant shall within 7 days of such notice
handover to the Client all designs, drawings, record. and material etc.
including that furnished by the :Client or
. purchased' on behalf of the Client and prefer his claim based 'on quantum
merit basis failing which nothing shall be payable to the consultants for the
work claimed to have been performed prior to the cessation of the Services.

2.9.4 Payment upon Termination

sub-clause (b) of 2.9.4 shall be deleted.

2.9.5 Dispute about Events of Termination

In clause 2.9.5 G.C

1. "Arbitration" in the fourth line shall be substituted with" Dispute

adjudication Board" and

II. "Arbitration award" in the sixth line shall be substituted with

"decision of the dispute adjudication board".

3.5 Insurance to be taken out by the Consultants

The risks and the coverage shall be as follows:

\

a. Third Party Motor Vehicle liability, insurance in respect of motor

vehicles operated in Pakistan by the Consultants or their Personnel or
any Sub-Consultants or their personnel, with a minimum coverage as
required by law.
 b. Insurance against loss of or damage to equipment purchased in whole or
to the extent or with funds provided under the Contract. "For entire cost of
new equipment".

3.6 Consultants Action Requiring Client's prior approval

Add following to sub-c1ause(b) of 3.6 G.C. "Provided that the particulars of such
Sub-Consultants have been duly provided to the Client along with the technical
proposal".

The Consultant shall also clear with the Client, before making
commitment with Contractors of any action they' proposed to take under
the following:
Issuing variations Orders in respect:

• Additional or changes in items of Works as determined .

• Change of specification of work etc as determined'

subsequently while approving the Construction Contract
Format.

Add the following to the heading:

3.7 By the Consultants to be necessary for the execution of works

Add the following to the text

For any new item of the Works not envisaged in the Contract Documents
and which is determined by the' Client to be necessary for the execution
of works, the deliverables shall be agreed to between the parties.

3.8 Documents prepared by the Consultants to be the Property of

the Client

Restriction about future use;

The Consultants shall not use these documents for purposes unrelated to this
Contract without prior written approval of the Client.

4.2 Consultants Personnel

Add following to sub-clause (b) of 4.2 G.C "The approval accorded by the Client
shall not relieve the Consultants of their responsibilities under applicable laws".
 5.1.1 Assistance

The details of the assistance to be provided by the client are

a. The Client shall make available on demand within one week from
commencement date. The documents relating to the project and available
with the Client.

b. Other assistance and exemptions to be provided by the Client is access to

site of work.

5.1.2. Coordination

The following provision shall be added to sub clause (g)

"'Provided that the delays' resulting from such coordination" shall not entitle the
Consultants to additional claim on any account.

5.1.3. Approvals

Fill in the blank space in first line of 5.1.3 G.C with "two" and add "'provided the
documents are complete and correct and such approvals shall not relieve the
consultants from any of his responsibilities under contract".

5.2 Access to land

Add to the clause 5.2 G.C "provided that such access may be provided in parts
and in the event of any resistance by the occupants of land or for any other
reason, the issue shall be treated as Force Majeure under clause 2.7"

5.3 Change in the Applicable law

Add to 5.3 G.C "provided that no such adjustment in cost shall be made if the
consultancy period specified in the Contract does not. exceed one year or due to
any adjustment of cost of POL electric tariffs and transport tariffs within one year.

5.4 Services and Facilities

Clause 5.4 G.C shall be deleted.

 6.2 Contract Price

Clause 6.2 shall be substituted as under:

The contract price is as specified in the TOR and quoted by the consultant, break
up of this price is as follows:

6.3 Terms and Conditions of Payment

Delete clause 6.3 G.C and substitute as under:

6.4 Period of Payment

I. Sub-clause (a) of6.4 G.C shall be deleted.

II. Add to sub-clause (b) of 6.4 G.C "provided the work

invoiced for by the Consultants, has been completed and approved
by the Client".'

. 6.5 Delayed Payment

Clause 6.5 G.C shall be deleted.

6.6 Additional Services

a. In sub-clause 6.6 (b) G.C, the portion after the words & figure
"clause 2.6" shall be substituted by the words "as provided
therein".

b. Sub-clause 6.6 (c) G.C shall be deleted.

7.2 Dispute Settlement"

Clause 7.2 G.C shall be substituted as under:

"Any dispute between the parties as to matters arising pursuant to this contract
which cannot be settled amicably within (30) days after receipt by on party of the
other party's request for such amicable settlement shall be referred to dispute
adjudication board stated below. However the Consultants shall continue to
proceed with the services with all due diligence.
7.3 Dispute Adjudication Board

The dispute adjudication board shall be constituted having one nominated

representative of the Consultant and one of the Clients. These representatives
will choose their Chairman who shall be independent. In the event of
disagreement the Chairman shall be appointed by the High Court. The dispute
adjudication board shall determine its fees and the cost shall be borne by both
the parties. The majority decision of the dispute adjudication board shall be
final and binding on the parties and shall not be challengeable in any Court of
Law.
 '~......,.r-~~ ...,

Appendix A

Description of the Services

Give detailed descriptions of the Services to be provided, dates for completion of

various
CI tasks, place of performance for different tasks, specific tasks to be approved
icl1t, etc .
by

.il
'I

_''';'1'
 Appendix B

Reporting Requirements

Pursuant to Clause GC-3. 7, the Consultants shall I ist format, frequency, and contents
of reports; persons to receive them; dates of submission and the number of copies of
each submittal; etc. If no reports are to be submitted, state here "Not applicable".
 Appendix C

Key Personnel and SlIbconsultants

List under: C-l

Title land names, if already available L activities of job
descriptions of key Personnel to be assigned to work and statl-
months for each.

C-2 List of approved Subconsultants (if already available): same

information with respect to their Personnel as in C-l.
 Appendix D

Breakdown of Contract Price in Foreign CHn-ency

List here the elements of cost used to arrive at the breakdown of the Contract Price
foreign currency portion:

I. Remuneration for various items on the basis of rates as mutually agreed.

2. Other reimbursable direct costs expenditure.

3.
Total, remuneration and reimbursable direct costs expenditure (I + 2)

Note:

'fliis appelldLr HiiL! exclusively be llsed for dl'ferlllil/il/g U'IIII/I/eralioli .for Addiliollo
,)'ervice,\' ill occordol/ce wilh CLause GC 6.6.
 Appendix E

Breakdown of Contract Price in Local CmTency

I ,ist her<.:the elements of cost used to arrive at the breakdown of the Contract Price-
local currency ponion:

I. R<.:muncratioll for various items on the basis of rates as mutually agreed.

2. Other reimbursable direct costs expenditure related to:

(a) Support staff, and work charged stall:

(11) Office expenditures related to:

(i) rentals;
(ii) furnishing and equipment:
(iii) operation and maintenance of office. office equipmenl and
furniture, office supplies.

(e) Transport including rUlinillg and 11l:1inlellalllT. and other assllciilll'd l'(lSls:

(d) Travelling etc ..

(e) Other costs

3. Total, remuneration and reimbursable direct costs expenditure (1 + 2).

INote:

J .. Each item of reim/JursabLe direct costs expenditure shaLL be spec(fied I\'hether it

is payabLe on the basis of (a) Lump sum monthly rate; or (b) reimbursement of
actuaL e.rpenditures.

2. This appendix will exclusiveLy be used for determining remu//eratio// for

AdditionaL Services in accordance with CLause GC6.6)
 Appendix F

Services and Facilities to be Provided hy the Client

The Client shall make available the following Services and racilities:

I. Services and Facilities of the Client

The CI icnt shall make available to the Consultants and the Personnel, 1m
purposes of the Services and free of any charge, the services, facilities
[lillperl:y, at the times and in the manner specified hereunder:

(a)

(b)

(c) Rent will be charged by Ihc Clicnl only I'm the fcllllily s1
accommodation provided to the Personnel, ill the ('Iient's colonies
the following rates:

Type of Accommodation Monthly Rent (Rs)

(d) No rellt will he charged for single status residences provided by

('I ient to the Personnel.

2. Lodge Accommodation
..
I
;;

I: " I f requested by the Consultants, the CI ient shall provide lodge accol1lll1odati
i'
II
Hi if available, to all Personnel of the Consultants when on visit to various part:
j!
)1 ~I the Project area or any other station where such facilities or the 10
Ji
l' accommodation of the Client exists (and provided that the Personnel of
H
ji' Consultants visit that place in connection with the Project) under the same te'
II,
Ii.
I'I and conditions as the Client's still'!" is cntitled.
1:
11

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d
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n