Contractual Agreement

1.0 GENERAL

All works with respect to investigation, design, construction, maintenance, etc. shall comply with the Government's Requirements.

All design optimally satisfies the requirements of visual elegance, functional adequacy, safety, suitability, robustness, ease of maintenance and cost effectiveness.

2.0 SCOPE OF WORKS

The scope of work shall comprise the planning, design, construction, equipping, supervision, testing, and commissioning, all in strict accordance with the Government's Requirements as specified in Contract Documents. The Works shall include but shall not be limited to the following:

(i) Contractual and General Requirements as specified herein.

(ii) Architectural Works as specified in the Architectural Brief

(iii) Civil and Structural Works as specified in the Civil and Structural Engineering Brief

(iv) Electrical Services as specified in the Electrical Brief

The Contractor shall provide at his own risk and expense and allow for in his tender price all materials, scaffolding, tools, plant, equipment, professional services, labour, transport, water, power, lighting, complying with and obtaining detailed planning permission and building regulation approval including the relevant Certificates of Fitness and everything else necessary for the proper execution and completion of the Works.

3.0 CONTRACTOR'S LOCAL CONSULTANTS

The Contractor shall submit a complete list of consultants to be employed for the project stating their job category and their obligations. The local Consultants shall be suitably qualified and competent and shall be registered with their respective professional Boards and the Ministry of Finance. At least 70% of the consultants appointed are to be local (Whose office is situated in SELANGOR). The Contractor shall not employ any other professionals (other than those named in his proposal) without the prior consent of the Project Director. The Contractor is also required to retain the said Consultants to provide standing supervision of the Works throughout the Contract Period and they shall not be discharged without the consent of the Project Director. All construction and as-built drawings required for this project shall be certified by a registered Architect and professional Engineers from the said Consultants.

4.0 BUMIPUTRA PARTICIPATION

The Contractor shall engage Bumiputra Contractors or other Bumiputra Organisations to carry out specific portions of the Works on a sub-contract basis and the amount of this participation shall be at least 30% of the Contract Sum. The Bumiputra Contractors/Organisations shall be from the registered list approved by the Pusat Khidmat Kontraktor or the Ministry of Finance. In this respect, the Tenderer should indicate clearly how he intends to fulfil this requirement and provide a full list of the portions of the Works to be carried out by Bumiputra Contractors/Organisations.

5.0 MATERIALS OF MALAYSIA ORIGIN

The Contractor shall use the materials of Malaysian origin as listed in the 'SENARAl BAHAN-BAHAN TEMPATAN' issued by Kumpulan Ikram Sdn. Bhd. (KISB) to the exclusion of imported materials. Importation of materials of the same category may only be allowed if the required sizes/classes of locally produced materials are not available or due to the occurrence of national shortage of such materials which cannot be replaced with other local materials. No imported materials shall be used without the P.D's approval and certified by KISB and in the case of other products the materials have been approved by JKR Malaysia.

6.0 IMPORTED MATERIALS, PLANT, EQUIPMENT AND VERHICLES

Subject to the requirements on the use of materials of Malaysian origin, importation and procurement of imported materials, plant, equipment and vehicles forming part of the scope of works shall be in accordance with Clause 9 and 10 of the Conditions of Contract.

7.0 CONTRACTOR'S DESIGN AND SPECIFICATIONS

The Design and Specifications- proposed by the Contractor shall not be inferior to those described in the Government's Requirements where applicable.

8.0 PROGRAMME OF WORKS

The Contractor shall submit a construction programme using the Critical Path Method (CPM) showing his proposals and the periods for carrying out the various sections of the Works in order to complete the whole Works within the time for completion specified, together with a Schedule of Construction Plant and Labour Strength planned for the various periods and sections of the Works. It is important that the Contractor demonstrates how he can save time in carrying out the planning, design and construction of the project to completion. He shall also indicate the type of management tools and expertise he will employ to control, monitor and manage the project. For the purpose of monitoring the work progress effectively, the Contractor shall carry out regular checks of the progress achieved against his planned progress and where necessary, update his proposed Programme of Works periodically.

9.0 MONTHLY PROGRESS REPORT

The Contractor shall be required to submit to the Government ten (10) copies of a detailed monthly Progress Report on this project (five (5) copies of this report shall contain mil-colour progress photographs) including a progress video showing the progress of work carried out for each month of the Contract. The Report shall contain all the relevant information pertaining to contract management, extent of work done, the labour force employed, at least four (4) illustrative photographs at every level of construction for each site and problems encountered. A set of photographic slides showing the progress and stage of construction of each part of the Works and where possible an overall view of the Works shall also be submitted together with the aforesaid monthly progress report.

10.0 SCHEDULE OF PAYMENT

The Contractor's attention is drawn to Clause 49.1(a) of the Conditions of Contract whereby the Contractor is to submit