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INVITATION TO BID

FOR

THE APPOINTMENT OF A PRINCIPAL


CONSULTANT TO CARRY OUT DETAILED DESIGN
AND SUPERVISION FOR THE DEVELOPMENT OF
SLAM HUB EXTERNAL INFRASTRUCTURE FOR
ROAD CONNECTIVITY AT SIDAM KIRI, KEDAH
DARUL AMAN FOR THE NORTHERN CORRIDOR
IMPLEMENTATION AUTHORITY (NCIA)

TENDER NO.: NCIA/2021/011/0034

Northern Corridor Implementation Authority (NCIA)


No. 1114 Jalan Perindustrian Bukit Minyak 18,
Penang Science Park,
14100 Simpang Ampat
Pulau Pinang
Tel : 04-502 0708 Fax : 04-502 0194
INVITATION TO BID (ITB)
_____________________________________________________________________________

TABLE OF CONTENTS

CHECKLIST FOR PROPOSAL SUBMISSION (to be filled-up)

SECTIONS

SECTION 1 - GENERAL INSTRUCTIONS


Appendix 1 – Form of Compliance (to be filled-up)
Appendix 2 – Breakdown of Consultant’s Fee Proposal (to be filled-up)
Appendix 3 – Confirmation of Participation
Appendix 4 – Consultant’s Declaration (to be filled-up) and Consultant’s
Declaration for Integrity Pact

SECTION 2 - FORMS / PROFORMA (to be filled-up)

SECTION 3 - ANNEXURE 1 - TERMS AND CONDITIONS OF AGREEMENT


Attachment A Project Brief, Scope of Works, Design Brief & Project
Schedule
Attachment B Scope of Consultancy Services
Attachment C Supplementary/Additional Services (to be filled-up)
Attachment D Reimbursable Expenses (to be filled-up)
Attachment E Fee Payment Schedule
Attachment F List of Key Personnel of Principal Consultant &
Supporting Consultant (s) (to be filled-up)
Attachment G Consultancy Fee (to be filled-up)
Attachment H Site Plan
Attachment I Confidentiality Undertaking by Supporting Consultants
Attachment J Individual Confidentiality Undertaking (Personnel)
Attachment K Scheduled Delivery Date

NOTE: ATTACHMENTS A TO K ABOVE SHALL FORM THE TERMS AND CONDITIONS OF AGREEMENT

Page 1 of 1
CHECKLIST FOR PROPOSAL SUBMISSION

CHECKLIST FOR PROPOSAL SUBMISSION

No. DOCUMENT DESCRIPTION SUBMITTED (✓)

SUBMISSION DATE

The closing time and date for submission of the proposal is as per
1.
Letter of Invitation.

CONFIRMATION OF PARTICIPATION

Duly completed and email to Tender Secretary Consultant’s


1.
Confirmation of Participation as per Appendix 3 of Section 1.

TECHNICAL PROPOSAL

The Consultant’s cover letter relating to the Technical Proposal


1.
and a brief introduction of its company/partnership.
2. Form of Compliance as per Appendix 1 of Section 1.
Un-priced breakdown of Consultant’s Fee Proposal as per
3. Appendix 2 of Section 1 i.e. with all prices to be replaced with the
word ‘quoted’ or ‘not quoted’, where applicable.
Duly completed and signed Consultant’s Declaration for Integrity
4.
Pact as per Appendix 4 of Section 1.
All items as per Section 2, duly completed and with relevant
5.
supporting document inclusive of Organization Chart.
6. Latest company’s financial statement

A detailed Work Schedule and Manpower Schedule of personnel


7. undertaking the detailed design in order to complete the services in
Attachment A of Section 3.
Unpriced Supplementary/Additional Services – Schedule of Rates
for Professional/Executive Staff as per Attachment C of Section 3
8.
i.e with all prices to be replaced with the word “quoted” or “not
quoted”, where applicable.
Duly completed and signed Reimbursable Expenses as per
9.
Attachment D of Section 3.
The Consultant’s Key Personnel, Supporting Consultants and their
10.
respective Key Personnel as per Attachment F of Section 3.
Un-priced Form of Tender for Fee Proposal as per Attachment
11. G of Section 3 i.e with the figure to be replaced with the word
“quoted” or “not quoted”.

Page 1 of 2
CHECKLIST FOR PROPOSAL SUBMISSION

CHECKLIST FOR PROPOSAL SUBMISSION (CONT’D)

No. DOCUMENT DESCRIPTION SUBMITTED (✓)


COMMERCIAL PROPOSAL

1. The Consultant’s cover letter relating to the Commercial Proposal.

Duly completed and signed Breakdown of Consultant’s Fee


2.
Proposal as per Appendix 2 of Section 1.
Duly completed and signed Schedule of Rates for Professional /
3.
Executive Staff as per item B to Attachment C of Section 3.
Duly completed and signed Reimbursable Expenses as per
4.
Attachment D of Section 3.
Duly completed and signed priced Form of Tender for Fee
5.
Proposal as per Attachment G of Section 3.

Note:
1. Check list is to be attached together with Technical and Commercial Proposals.

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INVITATION TO BID (ITB)

SECTION 1
GENERAL INSTRUCTIONS

TENDER NO. : NCIA/2021/011/0034


SECTION 1 - GENERAL INSTRUCTIONS

GENERAL INSTRUCTIONS
1.0 INTENT OF INVITATION

1.1 The Northern Corridor Implementation Authority (hereinafter called “NCIA”) is a


statutory body established pursuant to the Northern Corridor Implementation
Authority Act 2008 (Act 687) for the purposes of, amongst others, implementing
the Northern Corridor Economic Region (NCER) Development Plan. The main
objective of the NCER Development Plan is to accelerate the growth of the
NCER in a viable, equitable and sustainable manner. This is undertaken via
various programs and projects to raise income and reduce poverty by
expanding employment prospects through the introduction of high impact,
catalytic projects to spur development in the region.

1.2 The NCER Development Plan focuses on the key initiatives derived from the
main clusters such as tourism, manufacturing, services, agriculture and
education supported by main enablers: transportation, infrastructure and
environment.

1.3 NCIA hereby invites the Consultant to participate in this Invitation To Bid (ITB)
for THE APPOINTMENT OF A PRINCIPAL CONSULTANT TO CARRY OUT
DETAILED DESIGN AND SUPERVISION FOR THE DEVELOPMENT OF
SLAM HUB EXTERNAL INFRASTRUCTURE FOR ROAD CONNECTIVITY
AT SIDAM KIRI, KEDAH DARUL AMAN FOR THE NORTHERN CORRIDOR
IMPLEMENTATION AUTHORITY(NCIA)(TENDER NO.: NCIA/2021/011/0034)
hereinafter called “the Project”, all in accordance with this Invitation To Bid
Document (hereinafter called “the ITB Document”).

1.4 For the avoidance of doubt, and unless otherwise expressly set out herein,
capitalized term used in this General Instructions shall have the meanings
assigned to them as set out in the Terms and Conditions of Agreement
attached herewith in Section 3.

2.0 CLARIFICATION

2.1 Any clarification/additional information required with regard to the ITB


Document shall be made in writing via email, tender.secretary@ncer.com.my
to:-

The Tender Secretary,


“THE APPOINTMENT OF A PRINCIPAL CONSULTANT TO CARRY OUT
DETAILED DESIGN AND SUPERVISION FOR THE DEVELOPMENT OF
SLAM HUB EXTERNAL INFRASTRUCTURE FOR ROAD CONNECTIVITY
AT SIDAM KIRI, KEDAH DARUL AMAN FOR THE NORTHERN CORRIDOR
IMPLEMENTATION AUTHORITY (NCIA)”
(TENDER NO. : NCIA/2021/011/0034)

Northern Corridor Implementation Authority (NCIA)


NCIA Technology Innovation Centre (NTIC)
Plot 36 Bayan Lepas Industrial Estate Phase 4
11900 Bayan Lepas
Pulau Pinang.
Fax No.: 04-502 0194

Page 1 of 8
SECTION 1 - GENERAL INSTRUCTIONS

Such clarification shall be requested by email at least seven (7) days prior to
the due date for the submission of proposals.

2.2 NCIA shall not entertain any oral requests made by the Consultant for any
clarification/information and shall not be responsible for such clarification/
information given by NCIA or its representatives in response to such oral
request.

2.3 All proposals submitted pursuant to this ITB Document shall take into account
all written clarifications made by NCIA. It is the responsibility of the Consultant
to ensure that his proposal includes all obligations as stipulated in the ITB
Document.

2.4 NCIA shall not be responsible for any delay arising out of the above which may
result in the Consultant’s inability to meet the deadline for the submission of the
proposal.

3.0 SUBMISSION OF PROPOSAL

3.1 The Consultant shall submit a completed hard copy proposal in English in two
(2) separate sealed packages i.e. "Technical Proposal" and "Commercial
Proposal" (collectively referred to as the “Proposal”).

3.2 Each of the packages must be submitted in two (2) copies, one (1) marked
"Original" and one (1) marked "Duplicate". In the event of discrepancy
between the original and the duplicate, the original shall prevail.

3.3 The respective Proposal package shall be marked "CONFIDENTIAL" and


clearly labelled as follows: -

THE APPOINTMENT OF A PRINCIPAL CONSULTANT TO CARRY OUT


DETAILED DESIGN AND SUPERVISION FOR THE DEVELOPMENT OF
SLAM HUB EXTERNAL INFRASTRUCTURE FOR ROAD CONNECTIVITY
AT SIDAM KIRI, KEDAH DARUL AMAN FOR THE NORTHERN CORRIDOR
IMPLEMENTATION AUTHORITY (NCIA)
(TENDER NO. : NCIA/2021/011/0034)

The submission of the Technical Proposal must include the following document
and information: -

(a) The Consultant's cover letter relating to the Technical Proposal and
a brief introduction of its company/partnership.

(b) Form of Compliance as per Appendix 1 of Section 1.

(c) Unpriced Breakdown of Consultant’s Fee Proposal as per


Appendix 2 of Section 1 i.e. with all prices to be replaced with the
word ‘quoted’ or ‘not quoted’, where applicable.

(d) Duly completed and signed Bidder’s Declaration for Integrity Pact
as per Appendix 4 of Section 1.

(e) All items as per Section 2, duly completed and with relevant
supporting document.

Page 2 of 8
SECTION 1 - GENERAL INSTRUCTIONS

(f) Certified true copy of Audited Account for the last three (3) years. In
the absence of Audited Account, to submit approved management
account.

(g) A detailed Work Schedule and Manpower Schedule of personnel


undertaking the detailed design in order to complete the services in
Attachment A of Section 3.

(h) Unpriced Supplementary/Additional Services - Schedule of Rates


for Professional / Executive Staff as per Attachment C of Section
3, i.e. with all prices to be replaced with “quoted” or “not quoted”,
where applicable.

(i) Duly completed and signed Page 7 of 8 of the Reimbursable


Expenses as per Attachment D of Section 3.

(j) The Consultant’s dedicated Key Personnel (including information on


qualifications and years of experience) to be assigned specifically
to provide the consultancy services, in the form of an organizational
chart. The Consultant is also required to include all key personnel
of the supporting consultants (where applicable). The Consultant
must complete and submit Attachment F of Section 3.

(k) Unpriced Form of Tender for Fee Proposal as per Attachment G


of Section 3 i.e. with the figure to be replaced with the word
“quoted” or “not quoted”.

(l) Submission of Design Methodology for the project

Note: The Consultant is to ensure that no pricing should appear in


the Technical Proposal.

THE APPOINTMENT OF A PRINCIPAL CONSULTANT TO CARRY OUT


DETAILED DESIGN AND SUPERVISION FOR THE DEVELOPMENT OF
SLAM HUB EXTERNAL INFRASTRUCTURE FOR ROAD CONNECTIVITY
AT SIDAM KIRI, KEDAH DARUL AMAN FOR THE NORTHERN CORRIDOR
IMPLEMENTATION AUTHORITY (NCIA)
(TENDER NO. : NCIA/2021/011/0034)

The submission of the Commercial Proposal shall consist of the following


documents and/or information: -

a) The Consultant’s covering letter relating to the Commercial


Proposal.

b) Duly completed and signed Breakdown of Consultant’s Fee


Proposal as per Appendix 2 of Section 1.

c) Duly completed and signed Schedule of Rates for Professional /


Executive Staff as per item B to Attachment C of Section 3.

d) Duly completed and signed Reimbursable Expenses as per


Attachment D of Section 3.

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SECTION 1 - GENERAL INSTRUCTIONS

e) Duly completed and signed priced Form of Tender for Fee


Proposal as per Attachment G of Section 3.

3.4 The Proposal shall be addressed to:-

Tender Secretary
NCIA Technology Innovation Centre (NTIC)
Plot 36 Bayan Lepas Industrial Estate Phase 4
11900 Bayan Lepas
Pulau Pinang.

and shall be delivered to

NCIA Technology Innovation Centre (NTIC)


Plot 36 Bayan Lepas Industrial Estate Phase 4
11900 Bayan Lepas
Pulau Pinang.

3.5 The Consultant may submit his Proposal through registered post or courier
service, but NCIA will not accept proof of posting as proof of receipt of
submission before the closing date and time as stated in the Letter of Invitation.
Any risk of delay in delivery shall be borne solely by the Consultant.

4.0 BASIS OF PROPOSAL AND PAYMENT TERM

4.1 The basis of the Proposal shall be for the full Scope of Services and not on a
man-hour basis.

4.2 The fee for the Scope of Services as described in Attachment B of Section 3
of the ITB Document shall be based on Fixed Percentage of the Total
Consolidated Final Construction Cost including Sales and Services Tax (SST).

4.3 All prices shall be in Ringgit Malaysia. The Consultant shall take note of the
laws prevailing in Malaysia relating to with-holding tax and, if applicable shall
provide for the same in the Consultant's Proposal.

4.4 The Consultant shall tender the fee proposal for the services as per the format
contained in the Form of Fee Proposal in Attachment G of Section 3 as
aforementioned. No alteration or mutilation (other than filling in all blank
spaces) shall be made in any of the documents.

4.5 The Consultant shall submit claims for his services according to the phases as
detailed in Fee Payment Schedule in Attachment E of Section 3 of the ITB
Document. Payment of each of the Consultant's invoices shall be made by
NCIA within the period and in the manner set out in Article 6.0 of the Terms
and Conditions of Agreement. The Consultant shall with every invoice provide
supporting documents relating to the actual percentage progress of the Scope
of Services.

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SECTION 1 - GENERAL INSTRUCTIONS

5.0 SUBMISSION DATE

5.1 The closing time and date for submission of the Proposal shall be as stated in
the Tender Advertisement.

5.2 The closing time and date shall be strictly adhered to and any late submissions
shall not be accepted by NCIA.

6.0 ACCEPTANCE OF PROPOSAL

6.1 NCIA shall have full jurisdiction over the evaluation and approval of any
Proposal.

6.2 The Consultant’s attention is hereby drawn that NCIA will only accept a
complete Proposal. Notwithstanding, NCIA reserves the right to accept or reject
in whole or in part any proposal without assigning any reason thereof.

7.0 VALIDITY OF PROPOSAL

7.1 The Proposal submitted shall be valid for a period of one hundred eighty (180)
days from the closing date for submission of the Proposal. NCIA shall have the
right to extend the validity period in the event that the Award could not be made
within such period. NCIA shall not entertain any changes to the Consultant's
costs, prices and fees and any other conditions by reason of any extension of
the validity period made pursuant to this clause.

8.0 CONFIRMATION OF PARTICIPATION

8.1 The Consultant shall notify the Tender Secretary, by email within two (2) days
after the date of issuance of the ITB Document, confirmation of his intention
to participate, in the form prescribed in Appendix 3 of Section 1 –
Confirmation of Participation.

8.2 Should the Consultant thereafter decline to submit his Proposal by the
submission date set in clause 6 above, the Consultant shall immediately and in
any event not later than seven (7) days after the submission date, return the
complete ITB Document (consisting of Section 1 to 3) with written reasons for
not submitting his Proposal.

9.0 ADDENDA TO ITB DOCUMENT

9.1 Addenda to the ITB Document may be issued by NCIA at any time prior to the
submission date to add revise, amend, modify or clarify any part of this ITB
Document.

9.2 Every addendum issued by NCIA shall be distributed to all the consultants and
shall be read and construed as part of the ITB Document. Receipt of each
addendum must be acknowledged by the Consultant. Failure to acknowledge
receipt of any addendum may result in the Proposal being rejected.

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SECTION 1 - GENERAL INSTRUCTIONS

9.3 Issuance of addendum shall be made not later than seven (7) days before the
closing date of submission of bid.

10.0 STATEMENT OF COMPLIANCE

10.1 Where the Consultant’s Proposal contains no specific mention of


qualifications, the Consultant shall be deemed to have accepted the
requirements contained in the ITB Document.

10.2 The Consultant shall sign the Form of Compliance – Appendix 1 of Section 1
of the ITB Document on the company’s letterhead and submit the same with
Consultant’s Proposal. Failure to submit the completed form duly signed shall
indicate non-compliance and may result in a disqualification of the Proposal.

11.0 NON-COMPLIANCE WITH INSTRUCTIONS

11.1 NCIA shall have the right to reject any Proposal if it is found to be not in
compliance with any part of the ITB Document, in particular, the provisions in
Section 1 of the ITB Document.

12.0 COPYRIGHT

12.1 Copyright in all reports/documents, plans, design drawings and works prepared
by the Consultant pursuant to their Proposal shall be the property of NCIA and
NCIA may use them in any manner NCIA wishes.

13.0 LIAISON WITH AUTHORITIES

13.1 Under no circumstances shall the Consultant formally liaise directly with any
Authorities with regard to their scope of services for the preparation of this
proposal without prior written approval from NCIA.

14.0 APPOINTMENT OF CONSULTANT

14.1 NCIA shall appoint the successful consultant via a Letter of Appointment to
which the Terms and Conditions of Agreement together with the Attachments,
therein duly completed, as set out in Section 3 herein shall be attached.

14.2 The Successful Consultant shall not, without NCIA’s prior written consent,
assign or transfer to a third party all or any of the benefits or obligations of the
Letter of Appointment (and the contract executed pursuant thereto), including
without limitation any payment or proceeds thereunder for purposes of
financing or otherwise.

15.0 COST AND EXPENSES

15.1 All costs and expenses incurred by the Consultant in preparing the Proposal
shall be borne by the Consultant.

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SECTION 1 - GENERAL INSTRUCTIONS

15.2 All submissions made pursuant to the ITB Document is not returnable and shall
become the property of NCIA.

16.0 CONFIDENTIALITY

16.1 The Consultant shall treat the details in the ITB Document and any other
information provided to it as part of the ITB Document as strictly confidential.
The Consultant shall not divulge, disclose or publish any such information to
any third party or any of its employees not involved in the ITB without prior
written approval from NCIA, and where such consent is obtained, the
Consultant shall require such third party or employees to abide by these
confidentiality provisions.

16.2 Unsuccessful consultants shall ensure that the ITB Document and any copies
thereof is returned and/or destroyed upon the appointment of the successful
consultant and/or receipt of notification.

17.0 CONSULTANT DEEMED FULLY INFORMED

17.1 It is emphasized that it shall be deemed that the Consultant is fully informed of
the requirements of the ITB Document and shall familiarize himself as to the
form and nature of the Services necessary for the completion of the Project and
in general shall himself obtain all necessary information as to the risks,
contingencies and other circumstances which may affect the submission of his
Proposal.

18.0 FEE PROPOSAL

18.1 The Consultant shall submit the fee proposal for the complete services based
on Fixed Percentage of the Total Consolidated Final Construction Cost as per
Attachment G of Section 3 of ITB Document.

19.0 SUBMISSION REQUIREMENTS CHECKLIST

19.1 The Consultant is required to follow strictly the requirements of the Checklist for
Proposal Submission of the ITB Document.

20.0 SUSPENSION AND CANCELLATION OF INVITATION

20.1 NCIA reserves the right to suspend or cancel this invitation, in total or partially
either before or after the closing date and without the need to give any reason
whatsoever for its decision.

20.2 NCIA shall not, for whatsoever reason be responsible or liable, whether directly
or indirectly, for any losses, incurred by the Consultant or any other persons
involved together with the Consultant, as a result of the suspension or
cancellation hereof.

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SECTION 1 - GENERAL INSTRUCTIONS

21. CORRUPT OR FRAUDULENT PRACTICES

21.1 NCIA requires that the Consultant observes the highest standard of ethics
during the procurement of the consultancy services. In pursuance of this policy,
NCIA:

21.1.1 defines, for the purposes of this provision, the terms set forth below as
follows:

a) "corrupt practice" means the offering, giving, receiving or soliciting


of anything of value to influence the action of a public official in the
procurement process or in contract execution; and

b) "fraudulent practice" means a misrepresentation of facts in order to


influence a procurement process or the execution of a contract to
the detriment of NCIA, and includes collusive practice designed to
establish bid prices at artificial non-competitive levels;

21.1.2 will reject a proposal for award if its "no objection" has been requested
or issued on the basis of incomplete, inaccurate or misleading
information furnished by the Consultant, or it is established, by a
decision of a court of law, or following a special audit, that the Proposal
was awarded on the basis of corrupt practices. In that event the
Consultant may also be sanctioned by curtailing its participation on
NCIA funded projects for a specified period of time determined by NCIA.

21.2 Any act or attempt to corruptly offer or give, solicit or receive any gratification to
and from any person in connection with this procurement is a criminal offence
under the Malaysia Anti-Corruption Commission Act 2009 (Act 694).

21.3 If any person offers or gives any gratification to any members of the public
service, the latter shall at the earliest opportunity thereafter lodge a report at
the nearest office of the Malaysian Anti-Corruption Commission or police
station. Failure to do so is an offence under the Malaysian Anti-Corruption
Commission Act 2009 (Act 694).

21.4 Without any prejudice to any other actions, disciplinary action against a
member of the public service and blacklisting of the Consultant may be taken if
the parties are involved with any act of corruption under the Malaysian Anti-
Corruption Commission Act 2009 (Act 694).

21.5 Any Consultant who makes a claim for payment in relation to this procurement
although no work was carried out or no goods were supplied or no services
rendered in accordance with the specifications and any member of the public
service who certifies the claim commits an offence under the Malaysian Anti-
Corruption Commission Act 2009 (Act 694).

[The rest of this page is intentionally left blank]

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INVITATION TO BID (ITB)

APPENDIX 1
Form of Compliance

TENDER NO. : NCIA/2021/011/0034


APPENDIX 1 OF SECTION 1

FORM OF COMPLIANCE
(to be typed on Bidder’s Company Letterhead)
To: Northern Corridor Implementation Authority (NCIA)
No. 1114 Jalan Perindustrian Bukit Minyak 18,
Penang Science Park,
14100 Simpang Ampat,
Pulau Pinang
Attn: The Tender Secretary

Sir/Madam,

THE APPOINTMENT OF A PRINCIPAL CONSULTANT TO CARRY OUT DETAILED


DESIGN AND SUPERVISION FOR THE DEVELOPMENT OF SLAM HUB EXTERNAL
INFRASTRUCTURE FOR ROAD CONNECTIVITY AT SIDAM KIRI, KEDAH DARUL AMAN
FOR THE NORTHERN CORRIDOR IMPLEMENTATION AUTHORITY (NCIA)
(TENDER NO. : NCIA/2021/011/0034)

Having examined the Invitation to Bid Document (and addenda thereto, if any), we
confirm that our Proposal hereby fully complies with all the provisions of the Invitation
to Bid Document.

Dated This : __________________________________

Signature : __________________________________

Name : __________________________________

Designation : __________________________________

Company’s Stamp : __________________________________

Witness Signature : ___________________________________

Name : ___________________________________

NRIC No. : ___________________________________

Address : ___________________________________

___________________________________

___________________________________

Page 1 of 1
INVITATION TO BID (ITB)

APPENDIX 2
Breakdown of Consultancy Fee
Proposal

TENDER NO. : NCIA/2021/011/0034


APPENDIX 2 OF SECTION 1

1.0 BREAKDOWN OF CONSULTANCY FEE PROPOSAL

The breakdown of Consultancy Fee for THE APPOINTMENT OF A PRINCIPAL


CONSULTANT TO CARRY OUT DETAILED DESIGN AND SUPERVISION FOR
THE DEVELOPMENT OF SLAM HUB EXTERNAL INFRASTRUCTURE FOR
ROAD CONNECTIVITY AT SIDAM KIRI, KEDAH DARUL AMAN FOR THE
NORTHERN CORRIDOR IMPLEMENTATION AUTHORITY (NCIA) (TENDER NO. :
NCIA/2021/011/0034) is as follows:

Notes:
 All taxes (including income tax), duties, imposts and other charges with
respect to Services rendered, whether or not in effect on the date of this
Agreement, but are imposed, directly or indirectly, prospectively or
retrospectively by the Government of Malaysia, including Sales and Services
Tax, shall be borne by the Consultant.
 The Consultant is to place sufficient number of personnel and necessary
"tools of trade" to perform the Services. The Consultant shall be responsible to
arrange and pay for the cost of accommodation and subsistence of such
personnel.

1.1 Consultancy Fees

Total amount of Consultancy fees stated in the breakdown below must be


equivalent to the Fee Proposal as per Attachment G of Section 3.

For avoidance of doubt, should there be any discrepancy of the Total Fee as
shown in Attachment G of Section 3 and the Total Fee of this page, the Total
Fee in Attachment G of Section 3 shall prevail.

% of TOTAL
CONSTRUCTION COST
NO CONSULTANTS
≤RM400 >RM400
Million Million
Civil & Structural Engineer
1.
(Principal)
2. Town Planner
3. Architect
4. Mechanical & Electrical Engineer
5. Landscape Architect
6. Traffic Consultant
7. Road Safety Auditor
8. Environmental Consultant
9. Social Impact Consultant
10. Quantity Surveyor
11. Out of Pocket Expenses
12. Others (Please specify)
CARRIED TO FORM OF TENDER FOR FEE
PROPOSAL – ATTACHMENT G

Page 1 of 2
APPENDIX 2 OF SECTION 1

1.2. Estimated Out-of-Pocket Expenses

The estimated Out-of-Pocket Expenses for the Consultant to perform the


Services and which has been included as part of the Consultancy Fee is as per
table below:

UNIT COST
ITEM DESCRIPTION TOTAL COST (RM)
(RM)
• Travelling
• Accommodation
• Printing & binding
• Meetings
• Telephone/communication
• Courier charges
• etc.

Note:
1. The Principal Consultant shall provide detailed breakdown of out-of-pocket
expenses including but not limited to travelling (indicate no. of trips, class of
airfare, etc.), accommodation (type and duration, etc.), printing and binding,
meetings, telephone/communication and courier charges, etc. separately for the
Principal Consultant and all the Supporting Consultants. Attach additional sheets
for details if necessary.

................................................... ......................................................
Signature of Consultant Witness to Signature of Consultant
Full Name: Full Name:
NRIC: NRIC:
Designation: Date:
Date:
Name of Company (Stamp):
Address:

Page 2 of 2
INVITATION TO BID (ITB)

APPENDIX 3
Confirmation of Participation

TENDER NO. : NCIA/2021/011/0034


APPENDIX 3 OF SECTION 1

CONFIRMATION OF PARTICIPATION

To: Northern Corridor Implementation Authority (NCIA)


No. 1114 Jalan Perindustrian Bukit Minyak 18,
Penang Science Park,
14100 Simpang Ampat,
Pulau Pinang
Fax No.: 04-502 0194

Attn: The Tender Secretary

Sir/Madam,

We hereby confirm our participation in THE APPOINTMENT OF A PRINCIPAL CONSULTANT


TO CARRY OUT DETAILED DESIGN AND SUPERVISION FOR THE DEVELOPMENT OF
SLAM HUB EXTERNAL INFRASTRUCTURE FOR ROAD CONNECTIVITY AT SIDAM KIRI,
KEDAH DARUL AMAN FOR THE NORTHERN CORRIDOR IMPLEMENTATION AUTHORITY
(NCIA) (TENDER NO. : NCIA/2021/011/0034)

Signature : ______________________________________

Name : ______________________________________

Designation : ______________________________________

Company's Stamp : ______________________________________

Date : ______________________________________

Page 1 of 1
INVITATION TO BID (ITB)

APPENDIX 4
Consultant’s Declaration for
Integrity Pact

TENDER NO. : NCIA/2021/011/0034


INTEGRITY PACT

BIDDER’S DECLARATION
For
THE APPOINTMENT OF A PRINCIPAL CONSULTANT TO CARRY OUT DETAILED DESIGN AND
SUPERVISION FOR THE DEVELOPMENT OF SLAM HUB EXTERNAL INFRASTRUCTURE FOR
ROAD CONNECTIVITY AT SIDAM KIRI, KEDAH DARUL AMAN FOR THE NORTHERN
CORRIDOR IMPLEMENTATION AUTHORITY (NCIA)
(TENDER NO. : NCIA/2021/011/0034)

I, (Name of Representative) ……………............................................. NRIC. No. .............................


representing ..................................................................................... (Name of Company) with
registration number no (MOF/LAM/PKK/CIDB/ROS/ROC/ROB) .............................................. hereby
declare that I, or any individual(s) representing this company, shall not offer or give bribes to any
individual(s) in the Northern Corridor Implementation Authority or any other individual(s), as an
inducement to be selected in the aforementioned tender/quotation*. I attach herewith a Letter of
Authorisation which empowers me, as a representative of the aforementioned company, to make this
declaration.

2. If I, or any individual(s) representing this company, is offering or giving any bribes to any
individual(s) in the Northern Corridor Implementation Authority or any other individual(s) as an
inducement to be selected in the aforementioned tender/quotation*, I hereby agree, as a
representative of the aforementioned company, for the following actions to be taken:

2.1 Revocation of the contract offer for the aforementioned tender/quotation*; or


2.2 Termination of the contract for the aforementioned tender/quotation*; and
2.3 Other disciplinary actions according to the Government procurement rules and
regulations currently in force.

3. In the event where there is any individual(s) who attempts to solicit any bribe from me or any
individual(s) related to this company as an inducement to be selected for the aforementioned
tender/quotation*, I hereby pledge to immediately report such act(s) to the Malaysian Anti-Corruption
Commission (MACC)’s office or at the nearest police station.

Sincerely,

…………………………………………
Name:
NRIC No.:
Company’s Stamp:
Note: i) * Delete whichever not applicable.
ii) This declaration is to be submitted together with Letter of Authorisation
INTEGRITY PACT

SUCCESSFUL BIDDER’S DECLARATION


For
THE APPOINTMENT OF A PRINCIPAL CONSULTANT TO CARRY OUT DETAILED DESIGN AND
SUPERVISION FOR THE DEVELOPMENT OF SLAM HUB EXTERNAL INFRASTRUCTURE FOR
ROAD CONNECTIVITY AT SIDAM KIRI, KEDAH DARUL AMAN FOR THE NORTHERN
CORRIDOR IMPLEMENTATION AUTHORITY (NCIA)
(TENDER NO. : NCIA/2021/011/0034)

I, (Name of Representative) ……………............................................. NRIC. No. .............................


representing ..................................................................................... (Name of Company) with
registration number no (MOF/LAM/PKK/CIDB/ROS/ROC/ROB) .............................................. hereby
declare that I or any individual(s) representing this company, shall not offer or give bribes to any
individual(s) in the Northern Corridor Implementation Authority or any other individual(s), as
gratification for being selected in the aforementioned tender/quotation*. I attach herewith a Letter of
Authorisation which empowers me as a representative for the aforementioned company, to make this
declaration.

2. If I, or any individual(s) representing this company, is offering or giving any bribes to any
individual(s) in the Northern Corridor Implementation Authority or any other individual(s) as
gratification for being selected in the aforementioned tender/quotation*, I hereby agree, as a
representative of the aforementioned company, for the following actions to be taken:

2.1 Revocation of the contract offer for the aforementioned tender/quotation*; or


2.2 Termination of the contract for the aforementioned tender/quotation*; and
2.3 Other disciplinary actions according to the Government procurement rules and
regulations in force.

3. In the event where there is any individual(s) who attempts to solicit bribes from me or any
individual(s) related to this company as gratification for being selected in the aforementioned
tender/quotation, I hereby pledge to immediately report such act(s) to the Malaysian Anti-Corruption
Commission (MACC)’s office or at the nearest police station.

Sincerely,

…………………………………………
Name:
NRIC No.:
Company’s Stamp:
Note: i) * Delete whichever not applicable.
ii) This declaration is to be submitted together with Letter of Authorisation
INVITATION TO BID (ITB)

SECTION 2
FORMS AND PROFORMA

TENDER NO. : NCIA/2021/011/0034


SECTION 2 – FORMS /PROFORMA

THE APPOINTMENT OF A PRINCIPAL CONSULTANT TO CARRY OUT DETAILED


DESIGN AND SUPERVISION FOR THE DEVELOPMENT OF SLAM HUB EXTERNAL
INFRASTRUCTURE FOR ROAD CONNECTIVITY AT SIDAM KIRI, KEDAH DARUL AMAN
FOR THE NORTHERN CORRIDOR IMPLEMENTATION AUTHORITY (NCIA) (TENDER
NO. : NCIA/2021/011/0034)

The Principal Consultant and all of the proposed Supporting Consultants shall
complete the following forms which will be used in the Technical Evaluation.

<Company Name>

CATEGORY OF BUSINESS (Please tick where applicable)

Principal Consultant Town Planner


(Civil & Structural Engineer)

Architect Mechanical & Electrical


Engineer

Landscape Architect Traffic Consultant

Road Safety Auditor Environmental Consultant

Social Impact Consultant Quantity Surveyor

Others (please specify)

i) …………………………………..
ii) …………………………………..

Note:

1. Information on the completed projects shall be submitted by completing Section 2,


Forms – List of Completed Projects.
2. All Consultants shall submit a copy of the company’s registration with the appropriate
bodies such as Board of Engineers Malaysia, Board of Architects, Board of Quantity
Surveyors, Institute of Landscape Architects Malaysia, Board of Town Planner
Malaysia, etc.

Page 1 of 14
SECTION 2 – FORMS /PROFORMA

1.0 COMPANY BACKGROUND

1.1 Name of Company : ....................................................................

1.2 Registered Address : ....................................................................

……………………………………………………

……………………………………………………

……………………………………………………

1.3 Business Address : ....................................................................

……………………………………………………

……………………………………………………

……………………………………………………

1.4 Tel No. : ....................................................................

1.5 Fax No. : ....................................................................

1.6 E-mail Address : ....................................................................

1.7 Branch Address : ....................................................................

....................................................................

....................................................................

....................................................................

1.8 Type of Company (Please tick where applicable)

Sole Proprietor Partnership

Sdn. Bhd. Others


(Please specify)

1.9 Certificate of Registration No. : ....................................................................

1.10 Year of Registration : ....................................................................

1.11 Income Tax No. : ....................................................................

Page 2 of 14
SECTION 2 – FORMS /PROFORMA

1.12 Registration with Agencies/Authorities

(Please submit copy of certificate of Registration/Licensing)

Item Organisation Class Registration Validity


No.

Page 3 of 14
SECTION 2 – FORMS /PROFORMA

2.0 FINANCIAL BACKGROUND

2.1 Capital Structure

(a) Authorized Capital : ………………………………………..

(b) Paid-up Capital : ………………………………………..

(c) Working Capital : ………………………………………..

2.2 Audited Financial Report.

Please submit the certified true copy of Audited Account for the last three (3) years
(i.e. 2017, 2018 and 2019) or latest. In the absence of Audited Account, the consultant
shall submit any financial statements.

2.3 Bankers/Financiers

Name / Branch Account No. Facilities (If Any)

2.4 Equity Participation

(a) Bumiputra : ..................................%

(b) Non-Bumiputra : ...................................%

(c) Foreign/Non Malaysian


Citizen : .......................................%

Page 4 of 14
SECTION 2 – FORMS /PROFORMA

2.5 List of Major Shareholders

Name I.C. No./ Race/ % Equity Designation


Passport Citizenship
No.

2.6 Board of Directors

Name I.C. No./ Race/ Academic Designation


Passport No. Citizenship Qualification

Page 5 of 14
SECTION 2 – FORMS /PROFORMA

3.0 ORGANISATION STRUCTURE

3.1 List of Management and Staff


(Please fill in the number of personnel)

No Description Management Executive Clerical Total

1. Bumiputra

Non-
2.
Bumiputra

3. Foreigner

4.0 PROPOSED PERSONNEL FOR THE PROJECT

4.1 PRINCIPAL CONSULTANT

The bidding Principal Consultant shall submit the following information:

(i) One (1) Copy of certificate of registration/licensing with Agencies/Authorities


either Ministry of Finance or Board of Engineers Malaysia (BEM) for both the
company and Project Director.

(ii) List of BEM registered Engineers.

(iii) Organization Chart showing the overall team for the proposed project. A typical
Organization Chart is attached in item 7.0 of this section for reference;

(iv) C.V. of each of the personnel for the proposed project clearly indicating the
following items:
• Personnel’s qualification
• The start and end dates of each project undertaken
• The position of the personnel in each of the project
• A brief job description on the responsibilities of the personnel in each of
the project
• A brief description of major components for each of the project, e.g.
infrastructure works, utilities, geotechnical, etc.
• Total no. of years of working experience including the breakdown for the
no. of years of design experience in the respective fields, e.g.
infrastructure works, utilities, geotechnical, etc.

(v) Organisation experience indicating the followings:

a) Company has experience in design and supervision of major road and


highway development with a value not less than RM200million in a single
project.

Page 6 of 14
SECTION 2 – FORMS /PROFORMA

(vi) The proposed personnel shall meet the minimum requirements as stated in the
table below:

No. Position Academic QualificationMinimum Years of Experience in Related


Field
1. Project • Minimum a degree in • A minimum of 15 years’ working
Director Engineering or experience in design and managing
equivalent. major road and highway development
projects (Preferably more than 20
• Registered as
years)
Professional
Engineer with Board
of Engineers
Malaysia.

2. Project • Minimum a degree in • A minimum of 10 years’ working


Manager/ Engineering or experience in design and managing
Team equivalent. major road and highway development
Leader projects (Preferably more than 15
• Registered as
years)
Professional
Engineer with Board
of Engineers
Malaysia.

Note :
In the event the Principal Consultant is already being awarded with a Consultancy
Package for other NCIA Project, the Principal Consultant shall propose a new Project
Team with different personnel for this package from those involved in the already
awarded Consultancy Package.

Vague description in the C.V. such as “involved in …., participated in …..” will be
disregarded. Actual experience to be clearly stated for evaluation, i.e. name of
completed project experience, years of working experience, project involvement start
and finish duration, etc.

Page 7 of 14
SECTION 2 – FORMS /PROFORMA

4.2 PROPOSED SUPPORTING CONSULTANTS

The proposed Supporting Consultants shall submit the following information:

(i) Copy of certificate of registration/licensing with Agencies/Authorities

(ii) C.V. of the personnel for the proposed project. The C.V. of the personnel must
clearly indicate the personnel’s qualifications and years of experience in the
relevant fields. The proposed personnel shall meet the minimum requirements as
stated in the table:

SUPPORTING
MINIMUM REQUIREMENTS
CONSULTANT
Town Planner • The company shall be established for at least 7 years
(Preferably more than 10 years).
• Company shall have experience in planning for major
road and highway development.
• Team Leader shall register as Professional Town
Planner with Board of Town Planners Malaysia (BTPM)
• Team Leader shall have a minimum of 10 years’
experience in planning of major road and highway
development projects (Preferably more than 15 years).

Architect • The company shall be established for at least 7 years


(Preferably more than 10 years).
• Company shall have experience in design and
supervision of toll plaza development.
• Team Leader shall register as Professional Architect
with Board of Architects Malaysia (LAM).
• Team Leader shall have a minimum of 10 years’
experience in design and managing of toll plaza
development projects (Preferably more than 15 years).

Mechanical & • The company shall be established for at least 7 years


Electrical Engineer (Preferably more than 10 years).
• Company shall have experience in design and
supervision of major road and highway development.
• Team Leader shall register as Professional Engineer
with Board of Engineers Malaysia (BEM).
• Team Leader shall have a minimum of 10 years’
experience in Mechanical & Electrical design and
managing of major road and highway projects
(Preferably more than 15 years).

Page 8 of 14
SECTION 2 – FORMS /PROFORMA

SUPPORTING
MINIMUM REQUIREMENTS
CONSULTANT
Landscape • The company shall be established for at least 7 years
Architect (Preferably more than 10 years).
• Team Leader shall register as Professional Landscape
Architect with Institute of Landscape Architect Malaysia
(ILAM).
• Team Leader shall have a minimum of 10 years’
experience in Landscape design and managing of major
road and highway projects (Preferably more than 15
years).

Traffic Consultant • The company shall be established for at least 7 years


(Preferably more than 10 years).
• Team Leader shall register as Professional Engineer
with Board of Engineers Malaysia (BEM) and/or Jabatan
Kerja Raya (JKR).
• Team Leader shall have a minimum of 10 years’
experience in traffic design and managing of major road
and highway projects (Preferably more than 15 years).

Road Safety • The company shall be established for at least 7 years


Auditor (Preferably more than 10 years).
• Team Leader shall register as Professional Engineer
with Board of Engineers Malaysia (BEM) and/or Jabatan
Kerja Raya (JKR) and/or Malaysia Institute of Road
Safety Research (MIROS).
• Team Leader shall have a minimum of 10 years’
experience in traffic design, road safety auditor and
managing of major road and highway projects
(Preferably more than 15 years).

Environmental • The company shall be established for at least 7 years


Consultant (Preferably more than 10 years).
• Team Leader shall register as with Board of Engineers
Malaysia (BEM) as a Professional Engineer and/or
Department of Environment Malaysia (DOE) as qualified
and certified Environmental Professional.
• Team Leader shall have a minimum of 10 years’
experience in providing detail EIA and EMP for major
road and highway development (Preferably more than
15 years).

Page 9 of 14
SECTION 2 – FORMS /PROFORMA

SUPPORTING
MINIMUM REQUIREMENTS
CONSULTANT
Social Impact • The company shall be established for at least 7 years
Consultant (Preferably more than 10 years).
• Team Leader shall register as with Malaysia
Association of Social Impact Assessment (MSIA)
and/or PLANMALAYSIA as qualified and certified
Professional.
• Team Leader shall have a minimum of 10 years’
experience in providing detail social impact assessment
report for major road and highway development
(Preferably more than 15 years).

Quantity Surveyor • The company shall be established for at least 7 years


(Preferably more than 10 years).
• Company shall have experience in consultancy services
in quantity surveying for major road and highway
development.
• Team Leader shall register as Professional QS with
Board of Surveyors Malaysia
• Team leader shall have a minimum of 10 years’
experience in Quantity Surveying (Preferably more than
15 years)

4.3 DESIGN METHODOLOGY

The bidding Principal Consultant shall submit the followings information:

(i) List of software used for road design (supporting documents required).

(ii) List of software used for platform design (supporting documents required).

(iii) Design Methodology.

Page 10 of 14
SECTION 2 – FORMS /PROFORMA

5.0 LIST OF COMPLETED PROJECTS

NAME, ADDRESS
CONTRACT / PROJECT AND SCOPE OF CONTRACT COMPLETION
NO DURATION START DATE AND CONTACT
WORKS VALUE (RM) DATE
NO. OF CLIENT
List of completed projects involving design and supervision of major road and highway development with a value not less than RM200million in a single
A.
project for the past ten (10) years.

B. List of completed projects involving design and supervision of toll plaza development for the past ten (10) years

Note:
1) Principal Consultant and Supporting Consultants shall complete this form.
2) Projects related to the Project’s requirement, i.e. as elaborated in Items 4.1 and 4.2
3) Please submit proof of the Project; e.g. copy of Letter of Intent/ Letter of Appointment

Page 11 of 14
SECTION 2 – FORMS /PROFORMA

5.0 LIST OF COMPLETED PROJECTS (CONT’D)

NAME, ADDRESS
CONTRACT / PROJECT AND SCOPE OF CONTRACT COMPLETION
NO DURATION START DATE AND CONTACT
WORKS VALUE (RM) DATE
NO. OF CLIENT
List of completed projects involving design of project that contained prefabricated vertical drains, pile embarkments and stone columns for the past
C.
ten (10) years.

D. List of other projects completed within the last ten (10) years

Note:
1) Principal Consultant and Supporting Consultants shall complete this form.
2) Projects related to the Project’s requirement, i.e. as elaborated in Items 4.1 and 4.2
3) Please submit proof of the Project; e.g. copy of Letter of Intent/ Letter of Appointment

Page 12 of 14
SECTION 2 – FORMS /PROFORMA

6.0 LIST OF CURRENT PROJECTS

NAME, ADDRESS
CONTRACT / PROJECT AND SCOPE OF CONTRACT COMPLETION
NO DURATION START DATE AND CONTACT
WORKS VALUE (RM) DATE
NO. OF CLIENT

Note:
1) Principal Consultant and Supporting Consultants shall complete this form.
2) Projects related to the Project’s requirement, i.e. as elaborated in Items 4.1 and 4.2
3) Please submit proof of the Project; e.g. copy of Letter of Intent/ Letter of Appointment

Page 13 of 14
SECTION 2 – FORMS /PROFORMA

7.0 TYPICAL ORGANIZATION CHART

Page 14 of 14
INVITATION TO BID (ITB)

SECTION 3

TENDER NO. : NCIA/2021/011/0034


INVITATION TO BID (ITB)

ANNEXURE 1
TERMS AND CONDITIONS OF AGREEMENT

TENDER NO. : NCIA/2021/011/0034


PRINCIPAL CONSULTANCY SERVICES (CONSTRUCTION)

TERMS AND CONDITIONS OF AGREEMENT

ARTICLE DESCRIPTION

1.0 Definitions
2.0 Appointment of Principal Consultant
3.0 Principal Consultant’s Obligation
4.0 Variation & Supplementary Services
5.0 The Client’s Obligation
6.0 Remunerations and Reimbursement
7.0 Termination
8.0 Ownership of Documents and Copyright
9.0 Removal of Personnel
10.0 Assignments
11.0 Warranties
12.0 Liabilities and Indemnities
13.0 Insurance
14.0 Confidentiality
15.0 Force Majeure
16.0 Interpretation
17.0 Settlement of Dispute
18.0 Governing Laws
19.0 Waiver
20.0 Safety
21.0 Permits
22.0 Compliance with Laws, Customs and Practices
23.0 Taxes and Government Charges
24.0 Language
25.0 Commissions
26.0 Advertisement and Communication with Media
27.0 Notices
28.0 Binding Effect
29.0 Entire Agreement
30.0 Client’s Representative
31.0 Relationship of the Parties
32.0 Delay and Extension of Time

First Schedule

Attachment A Project Brief, Scope of Works, Design Brief & Project Schedule
Attachment B Scope of Services
Attachment C Supplementary/Additional Services
Attachment D Reimbursable Expenses
Attachment E Fee Payments Schedule
Attachment F List of Key Personnel of Principal Consultant and Supporting
Consultant(s)
Attachment G Consultancy Fee
Attachment H Site Plan
Attachment I Confidentiality Undertaking by Supporting Consultants
Attachment J Individual Confidentiality Undertaking (Personnel)
Attachment K Scheduled Delivery Date

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PRINCIPAL CONSULTANCY SERVICES (CONSTRUCTION)

ARTICLE 1.0 : DEFINITIONS

In this Agreement, the following words and expressions unless otherwise specified in the
Agreement, shall have the meaning assigned to them under the following provisions: -

"Agreement" refers to:


(a) Letter of Appointment issued by the Client; and
(b) Articles 1 to 32 herein together with the First
Schedule and Attachments A to K. Articles 1 to 32
and the First Schedule herein shall prevail in the
event of any conflict or inconsistency with the
provisions of Attachments A to K.

"As-Built Drawing" means drawing normally prepared by the Contractor for approval
by the Client in collaboration with the Principal Consultant
showing clearly the general scheme and details of the Project
that is being constructed and completed.

"Contractor(s)" means the person or persons, firm or company having a contract


with Client for the construction and completion of the Project or
any part thereof and shall include his or its representatives,
successors-in-title and assignees.

“Client” means the Northern Corridor Implementation Authority or “NCIA”


and whenever applicable includes its authorised
representatives, Project Manager or Project Management team.

"Confidential refers to:


Information" (a) any Confidential Records, documents or information,
whether in writing or otherwise, pertaining to the Services or
the Project.
and/or
(b) any knowledge and information disclosed at anytime to the
Principal Consultant by the Client and/or Project Manager in
writing, in drawings, in computer programmes, or in any
other way whether oral or otherwise, as well as data or
information derived therefrom to the extent that such
knowledge or information at the time of such disclosure is
not:
i) already in the free possession of the Principal
Consultant;
ii) part of public knowledge or literature; and / or
(c) any other information deemed confidential by the Client.

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PRINCIPAL CONSULTANCY SERVICES (CONSTRUCTION)

"Confidential refers to manuals, reports, letters, facsimile, telexes, drawings,


Records" plans, diagrams, charts, schedules, computer software and any
other material including but not limited to any form of
memorandum or notes exchanged between the parties.

"Contract(s)" refers to the agreement entered into between the Client and the
Contractor(s) for the construction and completion of the Project
or any part thereof, together with the documents forming the
tender and acceptance thereof and the documents referred to
therein including the Conditions of Contract, the bills of quantities
and/or specifications and drawings and all those documents
taken together shall be deemed to form one contract.

“Interim Payment refers to progressive payments certified by the Client in


Certificate” accordance with the payment schedule as stipulated in
Attachment E.

“Malaysian means the laws of Malaysia, Acts of Parliament, enactments,


Statutory ordinances, subsidiary legislations, orders, directives, rules,
Requirement” regulations, policies and by-laws of federal or state authority(ies)
or any governmental authority(ies), local authority(ies) or other
regulatory bodies having the force of law, including industry
customs and practices, as may be relevant and applicable to the
Services and/or the Project, from time to time.

"Multiplier" means a factor derived from the elements covering annual


salary; fringe benefits including bonuses, Employee Provident
Fund (E.P.F.) and staff savings funds, subscriptions to
professional institutions, leave, medical aid and insurances,
seminars, conference and workshops; office administrative
charges and expenses including rentals, telephones, telex and
postal charges, stationeries, subscriptions to journals, promotion,
site allowance, training and scholarship, transport costs, legal
and audit fees; bank charges and idle time; and profit.

In the case of site staff recruited specially for the Project, the
element of leave mentioned above is not included in the
multiplying factor which is derived from the elements covering
the annual salary, gratuity, E.P.F., medical aid, insurances,
overheads and profits only.

"Personnel" refers to those personnel representing the Principal Consultant


and Supporting Consultant(s) and who are approved by the
Client.

"Project" refers to the project as described in Section 4 of the First


Schedule annexed hereto and Attachment A hereto.

“Project refers to the schedule with respect to the timing of the Services
Schedule” required as referred to in Attachment A hereto.

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PRINCIPAL CONSULTANCY SERVICES (CONSTRUCTION)

“Project Manager” means the project management consultants appointed by the


and “Project Client for this Project as stated in Section 7 of the First
Management Schedule annexed hereto and its designated manager in charge
Team” of the Project.

“Principal means the party whose name and particulars are specifically
Consultant” described in Section 1 of the First Schedule annexed hereto,
which expression shall include it’s legal representative,
successors-in-title, permitted assignees and employees.

“Provisional means a sum included and so designated in the Agreement as


Sum” stated in Attachment G for the execution of any part of the
Services, which sum may be used, in whole or in part, or not at
all, on the instruction of the Client. The Consultant shall be
entitled to only such amounts in respect of the Services which
such Provisional Sum relates as the Client shall determine in
accordance with this Agreement. The Client shall notify the
Consultant of any determination made under Provisional Sum

“Services” refers to the professional consultancy services as described in


Section 5 of the First Schedule annexed hereto and shall
include but not limited to the services referred to in Attachments
A & B annexed hereto.
"Supplementary refers to the supplementary services stated in Attachment C that
Services” may be provided by the Principal Consultant upon request by the
Client.

"Supporting means a consortium of professionals comprising Consultants


Consultant(s)” engaged by the Principal Consultant as per Attachment F.

"Tender Drawing" means drawing prepared by the Principal Consultant in sufficient


detail to enable those tendering to interpret correctly the design
for the Project and to submit competitive bidding for the
execution of the Project.
"Working Drawing" means drawings prepared by the Principal Consultant for
approval by the Client showing details of the Principal
Consultant's proposals for execution of the Project.

END OF ARTICLE 1.0

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PRINCIPAL CONSULTANCY SERVICES (CONSTRUCTION)

ARTICLE 2.0 : APPOINTMENT OF PRINCIPAL CONSULTANT

2.1 The Client hereby appoints the Principal Consultant to perform the Services and the
Principal Consultant accepts the appointment on the terms and conditions hereinafter
set forth. The appointment of the Principal Consultant shall commence as per the
Letter of Appointment and shall subsist until final payment by the Client to the
Principal Consultant upon satisfactory completion of the Services or early termination
of this Agreement pursuant to Article 7, as the case may be.

2.2 In providing the Services, the Principal Consultant shall engage the Supporting
Consultant(s), which comprises a group of professionals identified in Attachment F.
The Principal Consultant shall obtain the prior written approval of the Client in the
appointment and termination of any of the Supporting Consultant(s). For the
avoidance of doubt, notwithstanding the appointment of the Supporting
Consultant(s), the Principal Consultant shall be primarily liable to the Client for the
Services provided under this Agreement.

2.3 The Principal Consultant shall provide and shall procure that the Supporting
Consultant(s) provide efficient, competent and suitably qualified and experienced
Personnel and who are acceptable to the Client to perform the Services. All
Personnel shall meet the qualifications as may be required by the Client, including
but not limited to the requirements set out in Article 11.5 herein. The Services shall
be carried out by the Personnel or such other personnel who are approved by the
Client.

2.4 The Principal Consultant shall ensure that the following provisions in the Agreement
are included in his contract with the Supporting Consultant mutatis mutandis to
further safeguard the Client’s interests:

(a) Article 2.3;


(b) Articles 3.1, 3.8, 3.9 and 3.10;
(c) Article 14.0; and
(d) Article 22.0.

2.5 The Principal Consultant shall have complete control of the Personnel or other
personnel engaged either by the Principal Consultant or the Supporting Consultant(s)
for the performance of the Services and shall ensure that such Personnel complies
with all requirements set out by the Client.

2.6 Notwithstanding Article 2.2, the Principal Consultant shall provide the Client with a
complete consolidated list of all his Supporting Consultants within seven (7) days
from the date of the appointment of the last Supporting Consultant under this
Agreement. The list shall include the following information:

(i) full name of each Supporting Consultant and their respective services;
(ii) registered address and principal place of business;
(iii) name of Personnel under each Supporting Consultant and their respective
individual tasks; and
(iv) contact numbers of each Supporting Consultant and all their Personnel.

2.7 The Principal Consultant shall not have any direct or indirect interests in any of the
Contract(s) relating to the construction of the Project, that will bring about a conflict of
interest with the subject of this Agreement and it shall be mandatory for all Personnel
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PRINCIPAL CONSULTANCY SERVICES (CONSTRUCTION)

engaged by the Principal Consultant and the Supporting Consultant(s) to provide a


similar undertaking to the Principal Consultant in respect of the above matter. The
Principal Consultant shall promptly notify the Client if it becomes aware of any
conflict of interest with the subject of this Agreement immediately within its
knowledge after the execution of this Agreement.

2.8 No Personnel of the Principal Consultant and Supporting Consultant(s) shall engage
in any activities related to the Project, other than the specified Services, without the
Client's prior written approval. The Principal Consultant warrants that the Personnel
of the Principal Consultant and Supporting Consultant(s) shall provide a similar
undertaking to the Principal Consultant in respect of the above matter.

2.9 The Principal Consultant shall be responsible for the conduct of the Supporting
Consultant(s) and their Personnel or other personnel and shall be liable to the Client
for any breach of this Article.

2.10 In carrying out and performing the Services, the Principal Consultant shall strictly
comply with the Client’s requirements, instructions and directions issued from time to
time, and the Principal Consultant shall be accountable and responsible for the
entire activities of all its Personnel and the Supporting Consultant(s) appointed by the
Principal Consultant including all their acts and omissions.

END OF ARTICLE 2.0

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PRINCIPAL CONSULTANCY SERVICES (CONSTRUCTION)

ARTICLE 3.0 : PRINCIPAL CONSULTANT'S OBLIGATION

3.1 The conduct of the Principal Consultant and the Supporting Consultant(s) shall be in
compliance with the Malaysian Statutory Requirement and particularly the code of
professional ethics of the Malaysian Institute of Planners, Board of Town Planners
Malaysia, Institute of Landscape Architect of Malaysia, Board of Architects Malaysia,
Malaysian Institute of Architects, Board of Engineers Malaysia, Institution of
Engineers Malaysia, Institute of Surveyors Malaysia and Malaysian Society of Interior
Designer and / or any other Malaysian professional bodies or/and internationally
accepted professional bodies relating to the Services. The Principal Consultant and
the Supporting Consultant(s) shall strictly adhere to the Malaysian Statutory
Requirements during the validity of the Services and / or the Project.

3.2 The Principal Consultant as the head of the Supporting Consultant(s) shall ensure
that the entire Services are carried out with due diligence and efficiency and in
conformity with sound principles of the respective nature of the consultancy services
involved in the carrying out of the Services by the Principal Consultant and the
Supporting Consultant(s).

3.3 The Principal Consultant shall act at all times in the interest of the Client and shall
endeavour to take all reasonable steps and precautions in order to keep all expenses
to a minimum consistent with sound economic practices.

3.4 Notwithstanding the foregoing the Principal Consultant shall control, supervise and
co-ordinate the Services of the Supporting Consultant(s) throughout the inception to
completion of the Project and shall be solely responsible and liable for their
performance or negligent performance or any defects or liabilities arising or
attributable thereof. The Principal Consultant in consultation with the Client and
Project Manager shall co-ordinate the works of other specialist consultant(s)
appointed directly by the Client, throughout the period of the Project but shall not be
held responsible for their performance or any defects or liabilities arising from their
performance unless the defects or liabilities are attributable to the act, omission,
neglect or default of the Principal Consultant.

3.5 The Principal Consultant shall be responsible to safeguard the Client against defects
and deficiencies in the Contract(s) to be performed by the Contractor(s).

3.6 The Principal Consultant shall allow the Client's and Project Manager's
representatives to associate themselves with the Principal Consultant and the
Supporting Consultant(s) during the course of the Services.

3.7 The Principal Consultant shall ensure the highest quality of workmanship and that
only approved materials are used by the Contractor(s).

3.8 The Principal Consultant and the Supporting Consultant(s) shall attend all meetings
as may be required by the Client and Project Manager throughout the course of this
Agreement at no cost to the Client except for the disbursements as specified in
Article 6.6(d) of this Agreement.

3.9 The Principal Consultant and the Supporting Consultant(s) are authorised by the
Client to deal, engage, liase and communicate with any parties, authorities or bodies
with regard to all matters pertaining to the development of the Project.

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3.10 The Principal Consultant and the Supporting Consultant(s) shall, throughout the
course of this Agreement be subject to the direction and supervision of the Client and
Project Manager. The Principal Consultant shall report to the Client and Project
Manager on all matters pertaining to planning, implementation, management,
administration and supervision of the Project. Notwithstanding the abovementioned,
the Client and Project Manager shall in no circumstances be liable for any acts,
omissions, default or neglect of the Principal Consultant and the Supporting
Consultant(s).

3.11 The Principal Consultant shall also make the relevant submissions and obtain the
various statutory approvals including but not limited to Development Order, Building
Plans, Certificate of Completion and Compliance.

3.12 Prior to commencing any stage of the Services as detailed in Attachment E hereto,
the Principal Consultant shall first obtain a written approval from the Client or Client’s
Representative. In the event no approval is given to the Principal Consultant, the
Principal Consultant shall not carry out the relevant stage of the Services.

END OF ARTICLE 3.0

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ARTICLE 4.0 : VARIATION AND SUPPLEMENTARY SERVICES

4.1 The Client may at anytime during the execution of the Services require a variation of
the scope of Services, and no such variation shall impair or invalidate this
Agreement. Such variation may include omissions and additions and without
limitation, the Supplementary Services. The Principal Consultant shall, if so
requested by the Client through Project Manager, carry out or provide or take all
reasonable steps to arrange for the provision of any Supplementary Services,
including the appointment of any specialist.

4.2 Within seven (7) days of receipt by the Principal Consultant of a written notice of
variation, the Principal Consultant shall submit for the Client’s approval a lump sum
fee and schedule impact for the Services required pursuant to the variation. If
approved, the Client shall issue to the Principal Consultant a variation order and the
Principal Consultant and/or the Supporting Consultant(s) shall proceed to perform the
Services therein provided that such variation is not required due to the negligence or
default in the performance of the Services by the Principal Consultant and/or the
Supporting Consultant(s). If the parties are unable to reach an agreement on the
lump sum fee, the Principal Consultant shall carry out the Services and shall be paid
provisionally at the rates set out in Attachment C, pending agreement thereafter.

4.3 For avoidance of doubt, all payments for the variation shall be paid by the Client
through the Principal Consultant upon completion of the said variation.
Notwithstanding the above, the Client reserves the right to pay directly to the
Supporting Consultant(s) or the specialist(s). The exercise of this power shall not
create privity of contract between the Client and the Supporting Consultant(s), or the
specialist(s).

4.4 The Principal Consultant shall control, supervise, and coordinate the services of the
Supporting Consultant(s) or the specialist(s) engaged by the Principal Consultant
throughout the period of the Project and shall be solely responsible and liable for
their performance or negligent performance or any defects or liabilities arising or
attributable thereof.

4.5 The Principal Consultant shall co-operate fully with the Client in minimising the cost
and/or the schedule impact of the variation.

4.6 In the event the variation required under Article 4.1 is an omission where a stage(s)
of the Services is not required to be executed and the Client or Client’s
Representative notifies the Principal Consultant that the balance of the Services
need not be carried out, the following clauses shall apply:

4.6.1 The Principal Consultant shall conclude its services in a prompt and orderly
manner, discontinue further commitments and account for whatsoever items
expended;

4.6.2 Assign to the Client or its nominee to the extent required by the Client,
contracts in respect of the Project;

4.6.3 The Principal Consultant shall deliver all such completed reports, drawings,
specifications and other documents relevant to the Services as are in the
possession of the Principal Consultant to the Client who shall forthwith be
permitted to retain and use copies of any documents so delivered.
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4.6.4 The Principal Consultant and the Supporting Consultant(s) shall jointly issue a
written release to the Client which shall be made prior to payment described
in Article 4.7. In addition, the Principal Consultant and the Supporting
Consultant(s) shall inform all relevant professional bodies, authorities or
governmental departments concerned to establish a professional and/or legal
position such that other consultant(s) (“Other Consultants”) may then be
employed by the Client.

4.7 Upon completion of all conditions set out in Article 4.6, the Principal Consultant
and/or the Supporting Consultant(s) shall be paid for the Services up to the end of
the relevant stage of service which it has already performed including any
reimbursement subject to such deduction as provided under this Agreement and
without prejudice to the rights of the parties hereof.

4.8 Except for payment under Article 4.7, the Client shall not be liable for any claim for
losses, anticipated profits or damages for, on account of, or arising from this
Agreement including but not limited to the termination under Article 7.

4.9 The Services then be deemed completed and this Agreement shall be deemed
concluded and both parties shall release each other except for antecedent breaches
save for provision under Article 4.10.

4.10 The Principal Consultant shall hold harmless and indemnify the Client from and
against any action, damages, claims, demands whatsoever by employees and/or
third parties including costs or legal fees (on a solicitor Client basis) which may be
rendered against the Client arising from omission, completion of Service and
conclusion of this Agreement under this Article.

END OF ARTICLE 4.0

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ARTICLE 5.0 : THE CLIENT'S OBLIGATIONS

5.1 The Client, may at its sole discretion provide all such data and information, which are
within the Client’s possession, if specifically requested for by the Principal Consultant
through Project Manager and give such assistance as may be required by the
Principal Consultant to enable the Principal Consultant to carry out the Services.
However, the provision of such data and information shall not relieve the Principal
Consultant from its responsibility to verify the accuracy of such data and information.

5.2 The Client shall designate site representative(s) during the construction of the Project
who shall have the authority to act on behalf of the Client in connection with the
Contract.

5.3 The Client through Project Manager shall have the right to control, manage and
supervise the performance of the Principal Consultant in all stages of the Services in
accordance with this Agreement and the Contract. Notwithstanding the
aforementioned the Client shall in no circumstances be liable for any acts, omissions,
default or neglect of the Principal Consultant nor shall the Principal Consultant be
relieved of any liability by virtue of the exercise of such right.

5.4 The Client and Project Manager shall have the authority to ensure through the
Principal Consultant that the Contractor(s) complies with all the provisions of the
Contract(s) and all the agreed construction specification.

5.5 The Client shall be responsible for the payment of the Principal Consultant's and the
Supporting Consultant(s)'s fees in connection with the Services. The fee for the
Supporting Consultant(s) shall be paid through the Principal Consultant subject,
however, to Article 6.2 of this Agreement.

5.6 The Client shall consider all the documents in connection with the Services submitted
to it by the Principal Consultant and give a decision, when necessary, as soon as
practicable so as not to delay the Principal Consultant's Services.

END OF ARTICLE 5.0

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ARTICLE 6.0 : REMUNERATIONS AND REIMBURSEMENTS

6.1 In consideration of the Principal Consultant and the Supporting Consultant(s)


providing and performing the Services necessary for the execution and completion of
the Project, the Client agrees to pay to the Principal Consultant and the Supporting
Consultant(s) in accordance with the time and manner as stipulated in Attachment E
at a fee as per Attachment G. For the avoidance of doubt, all payments made prior
to the execution of this Agreement, if any, shall be deemed made under this
Agreement and the liability of the Client for the payment of the fee shall be reduced
accordingly.

6.2 The Principal Consultant's and the Supporting Consultant(s)'s fees and reimbursable
as stated in Articles 6.1 and 6.6 respectively shall be paid directly to the Principal
Consultant who shall then pay the Supporting Consultant(s). In the event of any
evidence that the Supporting Consultant(s)'s fees and reimbursable have not been
paid by the Principal Consultant, the Client reserves the right to pay directly to the
Supporting Consultant(s) and deduct the amount thereof from any money due to the
Principal Consultant. The exercise of this power shall not create privity of contract
between the Client and the Supporting Consultant(s).

6.3 In consideration of the Principal Consultant performing the Services, the Client
agrees to pay to the Principal Consultant:

(i) the Consultancy Fee as set out in Attachment G; and

(ii) subject to Article 6.6, reimbursables reasonably and necessarily incurred in


the performance of the Services as set out in Attachment D.

6.4 Payment on account of the Principal Consultant and the Supporting Consultant(s)'s
Services specified in Article 6.1 above shall be made by the Client within fourteen
(14) days from the approval of the Interim Payment Certificate upon the completion of
each phase of the Services as shown in Attachment E, subject to the Client's
approval on the satisfactory completion of the respective phase of the Services.

6.5 The agreed proportion of payment of fees for each phase of the Services shall not
exceed the percentage as shown against the completion of each of the respective
phases as set out in Attachment E.

6.6 In addition to the fees payable to the Principal Consultant and Supporting
Consultant(s) as specified in Article 6.1 where prior written approval of the Client had
been obtained, the Principal Consultant and the Supporting Consultant shall also be
reimbursed by the Client for disbursements actually incurred in connection with:-

(a) printing, reproducing all documents, reports, drawings, maps, models,


photographs and other records as stipulated in Attachment D, for those used
in communication between the Principal Consultant and the Client with the
exception of six (6) free sets of all such documents, reports, drawings and
maps (coloured copies where applicable) to be provided to Project Manager
and/or the Client throughout the Project;

(b) travelling including hotel, transport charges and other related expenses as
stipulated in Attachment D;

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(c) resident site staff remuneration including the Multiplier as stipulated in


Attachment D, and

(d) fees payable to independent consultant(s), specialist(s), contractor(s)’s and


supplier engaged directly by the Principal Consultant with the prior approval
from the Client.

6.7 The following method shall apply to request for reimbursement of expenses: -

(a) The Principal Consultant through Project Manager shall submit to the Client
all claims for reimbursable expenses, including those of the Supporting
Consultant(s)'s, incurred in the previous month within the first two (2) weeks
of the following month. Any request for reimbursement shall not be
entertained by the Client if such request is not supported by complete
documentary evidence satisfactory to the client for verification (the ‘Relevant
Documents”) and invoices and is submitted beyond the time allocated as
specified above;

(b) Subject to Article 6.7(a) above, the Client shall pay the Principal Consultant
within fourteen (14) days from the approval of the Interim Payment Certificate
together with the supporting documents.

6.8 Notwithstanding Articles 6.4 and 6.7(b), the Client shall have the right to dispute the
amount of claims and shall notify the Principal Consultant and, if necessary, the
Supporting Consultant(s) concerned within twenty-one (21) days upon receipt of the
Relevant Documents and / or invoices, specifying the Client's disagreement in
payment of the disputed amount. In the meantime, the payment for the disputed
items shall be withheld until the settlement of the dispute, either amicably or in
accordance with Article 17. All items or amount not disputed by the Client shall be
paid promptly in accordance with the provisions of Article 6.4 and 6.7(b).

6.9 If execution of any phase or aspect of the Services is delayed and where such delay
is caused by the Principal Consultant or the Supporting Consultant(s) due to any
reason (not arising out of force majeure) then the Client shall reserve the right to
seek redress and obtain due compensation from the Principal Consultant for all
losses and damages incurred.

6.10 Notwithstanding Article 6.1 above, all payments under Article 6.3 shall be subject to
the Client’s right to withhold fifty percent (50%) of payment due for any stage of
Services if any stage of the Services is not completed to the Client’s satisfaction
and/or in accordance with this Agreement. Any payment withheld for every stage of
the Services shall be refunded, without interest, to the Principal Consultant upon the
Principal Consultant’s satisfactory completion of the Services for that particular stage.

END OF ARTICLE 6.0

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ARTICLE 7.0 : TERMINATION

7.1 The Principal Consultant's appointment under this Agreement shall terminate upon
settlement of the final payment by the Client to the Principal Consultant or earlier
termination of the Services pursuant to the following.

7.2 Without prejudice to other rights which each Party may have against the other party,

7.2.1 if and in the event the Principal Consultant shall default in any of the following
respects: -

(a) Without reasonable cause suspends or fails to proceed regularly and


diligently with carrying out the Services; or

(b) Refuses or neglects to comply with a written instruction by the Client


without any reasonable excuse; or

(c) Breaches any term, condition or covenant contained in this Agreement


on the part of the Principal Consultant to be observed and performed,

then the Client may give written notice to the Principal Consultant specifying the
default and requiring the Principal Consultant to remedy such default within seven (7)
days upon receipt of such notice.

In the event the Principal Consultant fails to remedy such default or shall thereafter
repeat such default then the Client shall by a written notice to the Principal
Consultant terminate this Agreement.

7.3 If the Principal Consultant shall commit or suffers any of the following, namely: -

7.3.1 A petition for winding up is presented against the Principal Consultant or an


order is made or a resolution is passed for the winding up, liquidation or
dissolution of the Principal Consultant; or

7.3.2 A receiver or manager or liquidator is appointed to take possession of the


properties or undertaking of the Principal Consultant; or

7.3.3 The Principal Consultant suspends the payment of its debts or enters into any
arrangement or composition with creditors,

then the Client may terminate this Agreement seven (7) days after written notice to
the Principal Consultant.

7.4 Termination on National Interest

(i) Notwithstanding any provisions of this Agreement, the Client may terminate this
Agreement by written notice giving not less than thirty (30) days’ notice to that
effect to the Consultant (without any obligation to give any reason thereof) if the
Client considers that such termination is necessary for national interest, in the
interest of national security or for the purposes of Government policy or public
policy.

(ii) For the purposes of this clause, what constitutes “national interest”, “interest of
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national security”, “Government policy” and “public policy” shall be solely made
and determined by the Client and such determination shall for all intent and
purposes be final and conclusive and shall not be open to any challenge
whatsoever.

7.5 Termination by the Client on Corruption, Unlawful or Illegal Activities

7.5.1 Notwithstanding any provisions of this Agreement and without prejudice to


any other rights of the Client, if the Principal Consultant, its personnel,
servant, agent or employee is convicted by a court of law for corruption or
unlawful activities in relation to this Agreement or any other agreement that
Principal Consultant may have with the Client, the Client shall be entitled to
terminate this Agreement at any time, by giving immediate written notice to
that effect to the Principal Consultant.

7.5.2 Upon such termination, the Client shall be entitled to all losses, costs,
damages and expenses (including any incidental costs and expenses)
incurred by the Client arising from such termination.

7.5.3 For the avoidance of doubt, the Principal Consultant and the Supporting
Consultant(s) hereby agree that they shall not be entitled to any form of
losses including loss of profit, damages, claims or whatsoever upon a
termination of this Agreement pursuant to this Article 7.5.1 herein.

7.6 Notwithstanding any other provision contained in this Agreement, the Client at its
absolute discretion and without assigning any reason whatsoever shall be entitled to
terminate the appointment of the Principal Consultant under this Agreement, by
giving thirty (30) days’ written notice.

7.7 In the event of the appointment of the Principal Consultant is determined pursuant to
the foregoing Articles:

7.7.1 The Principal Consultant shall conclude its services in a prompt and orderly
manner, discontinue further commitments and account for whatsoever items
expended;

7.7.2 Assign to the Client or its nominee to the extent required by the Client,
contracts in respect of the Project;

7.7.3 The Client may employ and pay other persons to implement and complete the
Principal Consultant’s obligation under this Agreement for which the Principal
Consultant shall disburse to the Client the whole amount of any loss and
damage resulting from such termination which is in excess of all unpaid sums
that would otherwise be paid to the Principal Consultant hereunder; and

7.7.4 The Principal Consultant shall deliver all such completed reports, drawings,
specifications and other documents relevant to the Services as are in the
possession of the Principal Consultant to the Client who shall forthwith be
permitted to retain and use copies of any documents so delivered.

7.8 The Client shall have the right at any time, and at its absolute discretion without
giving any reason whatsoever, to instruct the Principal Consultant, in writing, to
terminate the appointment of any or all of the Supporting Consultant(s). The decision
of the Client in relation thereto shall not be questioned by the Principal Consultant or
the Supporting Consultant(s).
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7.9 In the event of any such termination pursuant to Articles 7.2 until 7.8 above (save
and except for termination under Article 7.5), the Principal Consultant and/or the
Supporting Consultant(s) shall be paid for the Services performed up to the date of
termination including any reimbursement then due subject to such deduction as
provided under this Agreement and without prejudice to the rights of the parties
hereof.

7.10 The Principal Consultant and the Supporting Consultant(s) shall jointly issue a written
release to the Client upon termination of this Agreement which shall be made prior to
payment described in Article 7.9. In addition, the Principal Consultant and the
Supporting Consultant(s) shall inform all authorities or governmental departments
concerned to establish a professional and/or legal position such that other
consultant(s) may then be employed by the Client.

7.11 Except for payment under Article 7.9, the Client shall not be liable for any claim for
losses, anticipated profits or damages for, on account of, or arising from the
termination of this Agreement.

7.12 In the event of such termination under Article 7.8, the Client shall have the right: -

(a) to request in writing, through Project Manager, that the Principal Consultant
nominate the new Supporting Consultant(s) for the Client's approval as
replacement. The Client shall have the right to accept or reject without giving
any reasons, or

(b) to nominate new Supporting Consultant(s) as replacement and such


nomination shall be notified to the Principal Consultant who shall appoint the
new Supporting Consultant(s), at no extra cost to the Client.

7.13 The Principal Consultant shall hold harmless and indemnify the Client from and
against any action, damages, claims, demands whatsoever by employees and/or
third parties including costs or legal fees (on a solicitor Client basis) which may be
rendered against the Client arising from termination under this Article.

END OF ARTICLE 7.0

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ARTICLE 8.0 : OWNERSHIP OF DOCUMENTS AND COPYRIGHT

8.1 The copyright in all designs, drawings, reports, specifications, bills of quantities,
calculations and other documents provided by the Principal Consultant and/or
Supporting Consultant(s) in connection with the Services shall be vested with the
Client, save for such copyrights as are held by third parties, in which case the
Principal Consultant shall ensure that the Client shall have the license to use such
reports and documents for the purpose of the Project. As such, the Client shall have
the right to use such drawings and other documents prepared by the Principal
Consultant and/or Supporting Consultant(s) free of charge for the purpose of the
Project.

8.2 All documents and drawings prepared by the Principal Consultant and/or Supporting
Consultant(s) in connection with the Project are the property of the Client, and no
complete or partial reuse of such documents and drawings by the Principal
Consultant and/or Supporting Consultant(s) shall be made without the prior written
approval of the Client.

8.3 The Principal Consultant may with the prior written consent from the Client, publish
alone or in conjunction with any other person any articles, photographs or other
illustrations relating to the Project.

8.4 The Principal Consultant shall hold the Client safe and harmless from and against all
claims and proceedings for or on account of infringement of any patent rights, design,
copyright, trade marks or names or other protected rights in respect of any reports,
documents, drawings and/or specifications used for or in connection with the Project
and against all claims, demands, proceedings, damages, costs, charges and
expenses whatsoever in respect thereof or in relation thereto.

8.5 The Principal Consultant shall promptly notify the Client if it is becomes aware of any
such infringement or alleged infringement, or any matter which may give rise to a
claim for infringement. In such event, the Client shall have the right to require the
Principal Consultant, at no extra cost to the Client to amend or alter the Services or
its performance thereof in the manner as shall avoid infringement whether actual,
alleged or potential.

END OF ARTICLE 8.0

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ARTICLE 9.0 : REMOVAL OF PERSONNEL

9.1 If any of the Personnel at any time during the term of this Agreement shall be unfit to
perform the Services due to incompetence, insufficiency of qualifications, breach or
alleged breach of any laws, regulations or policies, or of the Client’s rules or
regulations, misconduct, dishonesty, non-cooperation, ill-health, or by specific
removal request by the Client without reasons, the Principal Consultant shall replace
him or cause him to be replaced immediately, and in any event no later than 7 days,
upon receipt of the removal notice from the Client and/or Project Manager. Any costs
incurred including replacement costs for the aforesaid purpose shall be borne by the
Principal Consultant. The Principal Consultant shall, as far as practicable, maintain
continuity of the Personnel on the Services.

9.2 Further, the Principal Consultant shall hold the Client and/or Project Manager safe
and harmless from and against all claims and/or proceedings in respect of the
replacement and/or removal of the Personnel, or those engaged by any of its agents,
under Article 9.1.

9.3 The Parties hereby agree that any notice given requesting removal and rejecting
replacement of such Personnel or any other Personnel under this Article shall not be
capable of being disputed in arbitration or in court. The Client's decision shall be
final.

END OF ARTICLE 9.0

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ARTICLE 10.0 : ASSIGNMENTS

10.1 The Client may assign, transfer, convey or otherwise dispose any or all of its rights,
benefits, interest or obligations under this Agreement upon notification in writing to
the Principal Consultant.

10.2 The Principal Consultant shall not, without the Client’s prior written consent, assign or
transfer to a third party all or any of the benefits or obligations of this Agreement,
including without limitation any payment or proceeds under this Agreement for
purposes of financing or otherwise.

END OF ARTICLE 10.0

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ARTICLE 11.0 : WARRANTIES

11.1 The Principal Consultant shall efficiently and expeditiously perform the Services as
required under this Agreement in accordance with recognized methods and
standards observed by professionals performing the Services of similar nature.

11.2 The Principal Consultant represents and warrants that it has the experience and
capability including sufficient and competent Personnel to efficiently and
expeditiously accomplish the Services.

11.3 The Principal Consultant represents and warrants that it has sufficient competent
Personnel who are experienced and capable of providing the Services in each of the
disciplines to which the Services relate and will perform the Services using
reasonable standards of skill, care and diligence that is expected of a consultant with
similar experience. Such standards of skill, care and diligence shall expressly
include:-

11.3.1 a duty to be familiar with and to employ recognized methods and standards,
techniques and technologies; and

11.3.2 a duty to perform the Services promptly, competently and free of negligence;
and

11.3.3 a duty to diligently and thoroughly review, analyse and apply all expressly
stated Malaysian Statutory Requirements

11.4 The Principal Consultant hereby warrants as follows, that;

(a) the Services will meet the intents and objectives of the Project as desired by
the Client;

(b) the Services will be performed in accordance with good principles and
accepted professional standards, codes of practice and regulations which are
in force and are reasonably foreseeable by an experienced international
consultant to be likely to come into force during the performance of the
Services of similar nature;

(c) the Services to be provided shall comply with Malaysian Statutory


Requirements

(d) the Principal Consultant has the expertise, experience and ability to carry out
and complete the Services fully in accordance with this Agreement and that

(i) the personnel to be employed by the Principal Consultant in or about


the performance of the Services will be of the highest skill,
competence and experience;

(ii) Principal Consultant will perform the Services and observe their
obligations under the most expeditious and economical manner
consistent with the best interests of the Client and shall at all times
provide such supervision of sufficient quality to maintain progress so
as to achieve completion of the Services in an economical and
efficient manner.
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(e) the Principal Consultant will ensure that the Supporting Consultant(s) shall
provide the similar warranties as stated above in Articles 11.1 (a) to (d) above
and shall be responsible for the compliance of the same by the Supporting
Consultant(s).

In the event that the Principal Consultant and/or any Supporting Consultant(s) shall
fail to observe and/or breach the warranties stated above which results in the Client
suffering losses and damages the Principal Consultant shall indemnify the Client of
all such losses and damages.

11.5 The Principal Consultant also warrants that where the Services provided by the
Principal Consultant results inter alia in variation orders being issued to rectify
deficiency, mistake, fault, omission, loss or damage, the Principal Consultant shall
indemnify the Client for correction of any such deficiency, mistake, fault, omission,
loss or damage, including but not limited to the issuance of any variation orders by
the Client as a result thereof.

11.6 Where Article 11.5 shall be applicable, the Client may deduct such sums incurred to
correct any such deficiency, mistake, fault, omission, loss or damage from any sums
remaining to be paid to the Principal Consultant under this Agreement.

11.7 The Principal Consultant shall indemnify the Client of all losses or damages suffered
by the Client as a result of the Services provided by the Supporting Consultant(s) in a
manner similar to that which is set out in Article 11.5 and Article 11.6 above.

END OF ARTICLE 11.0

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ARTICLE 12.0 : LIABILITIES AND INDEMNITIES

12.1 The Principal Consultant and the Supporting Consultant(s) shall indemnify the Client
against all losses, damages and injuries howsoever arising out of or incidental to any
acts, omission, default, neglect or failure to perform the Services in accordance with
recognised professional standards and Malaysian Statutory Requirement.

12.2 The Principal Consultant and the Supporting Consultant(s) shall be liable for any
consequential damages including any anticipated loss of profit and consequential
loss suffered by the Client arising from the Agreement.

12.3 The Principal Consultant and the Supporting Consultant(s) shall be liable to the
Client for loss or damage of whatever nature or howsoever caused, arising out of or
in connection with the carrying out of the Services under this Agreement. In the
event of such loss or damage, at the behest of the Client, the Principal Consultant
shall undertake any of the following: -

(a) re-perform the Services at no cost to the Client subject to the Client's
satisfaction, or

(b) pay the actual cost to the Client for re-performance of the Services by any
third party, or

(c) in the event that the Project is abandoned as a result of deficiency in the
Services by the Principal Consultant and/or the Supporting Consultant(s), the
Principal Consultant shall compensate the Client not more than the combined
value of the Principal Consultant's and Supporting Consultant's fees as
agreed in Article 6.0, and any value for the Services and the Supplementary
Services prevailing at the time of occurrence of such loss or damage.

For the avoidance of doubt, the Client shall be at liberty to determine which of the
above remedies be undertaken by the Principal Consultant.

12.4 The Principal Consultant shall, during the currency of this Agreement and after its
termination defend, indemnify and hold the Client harmless from and against any
action, damages, claims, demands whatsoever either at law or in equity against the
Client arising from or in connection with the negligent performance of the Services
and/or additional services by the Principal Consultant or the Supporting Consultant(s)
and their Personnel.

12.5 The Principal Consultant shall be liable and shall indemnify the Client against any
damages, expense, liability, loss, claim or proceedings whatsoever whether arising in
contract or tort in respect of personal injuries to or death of any person whomsoever
arising from or in the course of or caused by the performance of the Services.

12.6 All the indemnities given by the Principal Consultant shall not be defeated or reduced
by reason of any negligence or omission of the Client or Project Manager personnel
in failing to supervise or control the Site or to ensure proper performance of any other
obligation of the Principal Consultant or Supporting Consultant(s) under this
Agreement.

END OF ARTICLE 12.0

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ARTICLE 13.0 : INSURANCE

13.1 The Principal Consultant shall produce and maintain during performance of the
Services the following insurances applicable to its operations with respect to and for
the duration of this Agreement: -

13.1.1 Professional Indemnity Insurance to cover the Principal Consultant's liability


on all costs, losses and damages, which may be sustained by the Client
arising out of the acts, neglect or omissions of the Principal Consultant in the
performance of the Services up to a limit of not more than the combined value
of the Principal Consultant and Supporting Consultant(s) fee as agreed in
Article 6.0.

13.1.2 insurance(s) for the protection of its employees or Personnel against injury,
death and accidents including damage to property whilst performing the
Services.

13.2 All deductibles, exceptions and exclusions applicable to the insurances stipulated in
Article 13.1 shall be for the account of and shall be paid by the Principal Consultant.
Any breach of conditions and/or warranties also shall be for the account of the
Principal Consultant. The Client shall bear no financial liability attributable to deficient
insurance coverage by the Principal Consultant.

13.3 Not later than fourteen (14) days prior to commencement of the Services, the
Principal Consultant shall furnish to the Client certificates from the Principal
Consultant's insurance carriers evidencing the insurance coverage required in Article
13.1. The policies shall stipulate that the Client shall be notified thirty (30) days prior
to its cancellation. If such insurance is cancelled, the Principal Consultant shall
obtain other insurances in accordance with Article 13.1.

13.4 Notice of any occurrence which may give rise to any claim for loss or damage
covered under Article 13.1 above shall be given by the Principal Consultant to the
Client, giving full details of such occurrence, without delay.

13.5 The Principal Consultant shall obtain the insurance described in Article 13.1 from
companies licensed and incorporated in Malaysia.

13.6 Should the Principal Consultant at any time neglect or refuse to provide or renew any
insurance required herein, or should any insurance be cancelled, the Client shall
have the right to procure such insurance and, in such event, any sum so paid by the
Client shall immediately become due and payable to the Client by the Principal
Consultant or the Client shall be entitled to deduct such sums from any monies due
or which may become due to the Principal Consultant in addition to any other
remedies the Client may have under this Agreement.

13.7 Notwithstanding the above, the existence of such insurance shall not limit or reduce
the Principal Consultant's liability and responsibility as contained elsewhere in this
Agreement.

END OF ARTICLE 13.0

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ARTICLE 14.0 : CONFIDENTIALITY

14.1 The Principal Consultant shall: -

(a) not use Confidential Information for purposes other than in connection with
the Services or the Project.

(b) not disclose to any third party any Confidential Information except with the
Client's prior written consent in which case the Principal Consultant shall
ensure that such third party shall abide by Article 14.0 herein.

(c) preserve and cause it's employees, servants or agents to preserve secrecy of
any Confidential Information.

(d) preserve and cause the Supporting Consultant(s), its employees, servants or
agents to preserve secrecy of any Confidential Information.

14.2 The Principal Consultant shall not either orally or in writing or in any form make any
public statements or comments on any matter relating to the Services or the Project
and shall ensure that the Supporting Consultant(s) shall similarly provide an
undertaking to the Principal Consultant for the same.

14.3 The Principal Consultant agrees to take all necessary precautions to safeguard any
documents (within the definition of Confidential Information), which the Client may
supply to the Principal Consultant. The Principal Consultant may make copies of
such documents only to the extent necessary for the Services or the Project. On
termination of this Agreement or upon request by the Client, the Principal Consultant
shall return and/or destroy all documents supplied by the Client and any copies
thereof.

14.4 The Principal Consultant shall be responsible for and liable to the Client for any
breach of this Article 14.0 hereof by the Principal Consultant and/or the Supporting
Consultant(s).

14.5 It is an obligation of the Principal Consultant to ensure that all the Supporting
Consultants issue an undertaking on non-disclosure of Confidential Information
(“Confidentiality Undertaking”) to the Client. The Confidentiality Undertaking shall be
in the format attached hereto in Attachment I. The Principal Consultant shall ensure
that the Confidentiality Undertaking is signed by the Supporting Consultant’s
authorized representative.

14.6 Further, the Principal Consultant shall also ensure that all Personnel who have a
specific need to know the relevant Confidential Information or having access to
Confidential Records execute individual confidentiality undertaking as follows:

(a) in the form set out in Attachment J for the Principal Consultant’s Personnel;
and

(b) in the form set out in Annexure 1 to Attachment I the Supporting


Consultant’s Personnel.

14.7 None of the items mentioned in this Article nor any items connected therewith which
are developed exclusively for the Project pursuant to this Agreement shall be
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reproduced in whole or in part by the Principal Consultant and/or the Supporting


Consultant(s) for any purpose not related to this Contract without the Client's prior
written consent.

14.8 The provision of this Article 14.0 shall survive notwithstanding the expiration or early
termination of the Agreement.

END OF ARTICLE 14.0

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ARTICLE 15.0 : FORCE MAJEURE

15.1 Neither party shall be liable to the other and considered in default in the performance
of their obligation hereunder to the extent that performance of such obligations, or
any of them, is delayed by force majeure. Force majeure shall mean those
occurrences or circumstances which is beyond the control of the party affected and
cannot be reasonably foreseen and which cannot be avoided by exercise of due
diligence and care by the parties to this Agreement so affected by force majeure.

15.2 In the event of the occurrence of a force majeure situation which hinders the parties
to discharge their respective obligations under this Agreement, the party claiming to
be affected thereby shall promptly notify the other parties giving full particulars
pertaining to the cause or event and give an estimate of the period of time required to
remedy the failure and shall use its best efforts to remedy the situation.

15.3 The Client or the Principal Consultant, as the case may be, shall diligently mitigate or
remove the effect of the force majeure. Either Party upon receipt of the notice of
Force Majeure under the preceding Article shall confer promptly with the other and
agree upon a course of action to remove or alleviate such effect, and shall seek
reasonable methods of resuming full performance of its obligations and achieving the
objectives under this Agreement.

15.4 In the event the force majeure situation persists for three (3) months after the date of
notice of force majeure, the parties may terminate this Agreement by giving written
notice to each other. Subject to the aforementioned and Article 15.2, the performance
of any obligation suspended while force majeure is operative shall be resumed as
soon as such force majeure event ceases.

15.5 If this Agreement is terminated under Article 15.3, the Principal Consultant shall be
paid the value of the work done subject to any deductions or set-off that the Client is
entitled to under this Agreement.

15.6 The events falling within Force Majeure include occurrences of and consequences
arising out of acts of God, unusually severe weather, earthquakes, acts of war or
public enemy, riots, sabotage or similar unforeseeable event beyond the control and
without the fault or negligence of the party claiming force majeure. Force majeure
shall also include the Principal Consultant’s, Supporting Consultant(s) and/or
Contractors’ inability to continue with work leading to the satisfactory completion of
the Project if the said inability is due to a force majeure event For the avoidance of
doubt a circumstance shall be deemed to be foreseeable and within the control of the
Principal Consultant if:-

(a) it is a labour dispute originating among the employees of the Principal


Consultant and / or Supporting Consultant(s) or of any of its agents, which
arises out of an act or omission of the Principal Consultant and/or Supporting
Consultant(s) or its agents; or

(b) it is a circumstance resulting from compliance with any current laws,


ordinances, regulations or orders of Malaysia or any state thereof during the
duration of this Agreement.

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15.7 Any loss or damage or delays in, or failure of performance of the Agreement by the
parties hereto shall not constitute a default or give rise to any claims for damages, if
any, to the extent that such loss, damage, delay or failure is caused by force
majeure.

END OF ARTICLE 15.0

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ARTICLE 16.0 : INTERPRETATION

16.1 Any question, dispute or differences arising out of or in connection with this
Agreement or the implementation of any of the provisions of this Agreement shall be
amicably settled between the parties by referring the same to Project Manager.

16.2 In the event an amicable settlement cannot be reached, the said question, dispute or
differences arising out of or in connection with this Agreement or the implementation
of any of the provisions of this Agreement may be referred to arbitration in
accordance with Article 17.0.

END OF ARTICLE 16.0

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ARTICLE 17.0 : SETTLEMENT OF DISPUTE

17.1 Any dispute or differences arising out of or in connection with this Agreement or the
implementation of any of the provisions of this Agreement which cannot be settled
amicably shall be submitted to arbitration and the reference shall be to a single
arbitrator to be jointly appointed by both parties.

17.2 If the parties do not concur in the appointment of the arbitrator, then the arbitrator
shall be appointed by the Director, for the time being, of the Asian International
Arbitration Centre who shall have the like powers to act in the reference as if he
had been appointed by consent of both parties to this Agreement. The decision
and award of the arbitrator shall be final and binding on both parties.

17.3 Save as provided above, the provisions of the Arbitration Act 2005 of Malaysia or any
statutory modification or re-enactment thereof for the time being in force shall apply
to such arbitration.

17.4 As far as practicable, both the Client and the Principal Consultant shall continue to
implement this Agreement pending settlement of any dispute under this Article,
without in any way affecting or prejudicing the rights and remedies of the parties
under arbitration.

END OF ARTICLE 17.0

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ARTICLE 18.0 : GOVERNING LAW

18.1 This Agreement shall be governed by and construed in all respect in accordance with
the Laws of Malaysia.

END OF ARTICLE 18.0

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ARTICLE 19.0 : WAIVER

19.1 The Client's rights to require strict performance of this Agreement by the Principal
Consultant shall not be affected by any previous waiver by the Client of any breach of
any conditions, terms or provisions of this Agreement unless such waiver is in writing
and agreed to by both parties.

19.2 No failure or delay on the part of the Client to exercise any right or remedy under this
Agreement shall be construed or operate as a waiver thereto nor shall any single or
partial exercise of any right or remedy be construed as waiver of any rights or
remedies provided in this Agreement. Such rights and remedies are cumulative and
not exclusive of any rights or remedies provided by law.

END OF ARTICLE 19.0

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ARTICLE 20.0 : SAFETY

20.1 The Principal Consultant, their employees, servants or agents shall strictly comply
with all Malaysian Statutory Requirements including all local, municipal, territorial,
provincial and federal laws, orders and regulation pertaining to health or safety which
are applicable to the location where the Services are being performed and the
Principal Consultant shall also be responsible for compliance of all such aforesaid
laws pertaining to health or safety by the Supporting Consultant(s) and their
respective employees, servants or agents.

20.2 The Principal Consultant shall comply and ensure compliance by the Supporting
Consultant(s) at all times with the applicable safety requirements as set out by the
Client.

20.3 The Principal Consultant shall ensure that all equipment on site, plant, tools, facilities
and other things to be used in the performance of the Project or incorporated into the
Project comply with laws, regulations and requirements as may be required by the
Government of Malaysia or local or other authorities having jurisdiction and otherwise
meet generally accepted industry standards for occupational health and safety.

20.4 The Principal Consultant shall ensure that its safety policy is compatible with the
safety, health and environment policy of the Client. The Principal Consultant shall
also establish suitable arrangements for monitoring and implementing any changes
to this policy.

20.5 The Principal Consultant shall ensure that the Contractor(s) shall supply to all its
employees, servants or agents, as applicable, adequate personal protective
equipment which shall satisfy accepted industry standards and shall include, but shall
not be limited to fibre glass safety helmets, safety shoes or boots, overalls and,
where appropriate, safety aids shall be maintained in good condition and shall be
worn on all relevant occasions as indicated by notices, instructions and good sense.

20.6 The Principal Consultant shall notify and produce written notice to Project Manager
and the Client immediately whenever accidents or incidents occur and shall
endeavour to identify causes of accident in order to prevent recurrence.

20.7 If in the opinion of the Client, the Services are being performed by the Principal
Consultant in an unsafe manner or anything unsafe is being used by the Principal
Consultant then the Client through Project Manager may suspend the Services or
part thereof until the matter is remedied. All costs of remedying the matter shall be
borne by the Principal Consultant.

20.8 The Client and Project Manager reserve the right to issue instructions to the
Contractor on safety related items. The Client and Project Manager shall inform the
Principal Consultant as soon as practicable thereafter.

END OF ARTICLE 20.0

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ARTICLE 21.0 : PERMITS

21.1 The Principal Consultant shall be responsible in obtaining and maintaining the
necessary permits with respect to the entry into, stay in, work in and departure from
Malaysia, from the relevant authorities in accordance with the requirements of the
appropriate authorities at no cost to the Client and the Principal Consultant shall also
ensure that the Supporting Consultant(s) obtain and maintain all such permits at no
costs to the Client.

END OF ARTICLE 21.0

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ARTICLE 22.0 : COMPLIANCE WITH LAWS, CUSTOMS AND PRACTICES

22.1 The Principal Consultant shall conform and cause its Supporting Consultant(s) and
Personnel to conform in all respects with the Malaysian Statutory Requirements
which may be applicable to the Services and/or the Project.

22.2 The Principal Consultant shall take cognisance and shall also cause the Supporting
Consultant(s) to take cognizance of all Malaysian Statutory Requirements relating to
the environment.

22.3 The Principal Consultant and the Supporting Consultant(s) shall be deemed to be
aware of all Malaysian Statutory Requirements which affect the Services and/or the
Project and shall keep itself informed of future Malaysian Statutory Requirements or
amendments thereto which affect the Services and/or the Project.

22.4 The Principal Consultant shall be considerate and shall cause the Supporting
Consultant(s) to be considerate of the local customs and practices during the
performance of the Services and/or the Project.

END OF ARTICLE 22.0

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ARTICLE 23.0 : TAXES AND GOVERNMENT CHARGES

23.1 The Principal Consultant shall pay for all taxes, duties, imports, and other charges
assessed against it in connection with Services rendered or equipment provided by
the Principal Consultant hereunder whether imposed directly or indirectly, or
prospectively by the Government of Malaysia shall be borne by the Principal
Consultant and the Principal Consultant agrees to protect and indemnify the Client
and hold the Client safe and harmless from any and all claims or liability for income,
excess profit, royalty or other taxes assessed or levied by the Government of
Malaysia or by any other country against the Principal Consultant or against the
Client for or on account of any payment made to or earned by the Principal
Consultant hereunder. The Principal Consultant further agrees to protect and hold
the Client safe and harmless from all taxes assessed or levied against or on account
of wages, salaries or other benefits paid to the Principal Consultant’s employees and
all taxes, assessed or levied against on or for account of any property or equipment
of the Principal Consultant.

23.2 The Principal Consultant shall be liable for and shall defend, indemnify and hold the
Client harmless from any claim, or liability resulting from the Principal Consultant’s
failure to make timely payment for taxes levied by the Government of Malaysia or by
the government of any other country or failure to pay the above item or similar items
or failure to comply with the reporting, return or other appropriate procedural
requirements with respect to their payment. Any interest, penalty or other liabilities
arising from such failures shall be borne by the Principal Consultant.

23.3 The Principal Consultant shall give prompt notice to the Client of all matters
pertaining to non-payment, payment under protest, or claim for immunity or
exemption from any taxes or duties.

23.4 Notwithstanding the aforesaid, the payment of Malaysian sales and services tax
(“SST”) under the Sales Tax [Act 806], 2018 and Services Tax Act, 2018, [Act
807] (“the SST Act”) in relation to the fees and payments under this Agreement
falling within the meaning of taxable goods and services under the SST Act, shall be
borne by the Client. The Principal Consultant shall provide such information and fullfill
such conditions as may be required by the SST Act and all relevant subsidiary
legislation thereto, as well as may be required by the Client, in relation to payment of
the SST.

END OF ARTICLE 23.0

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ARTICLE 24.0 : LANGUAGE

24.1 The governing language of this Agreement shall be the English Language and the
definitions in such language shall be final in the use and interpretations of the terms
of this Agreement.

24.2 All correspondence between the parties to this Agreement, information, technical
literature, data, manuals, drawings and other documents required under the
Agreement shall be in the English Language.

Where necessary or required by this Agreement, the Principal Consultant shall


correspond with Malaysian government bodies (federal, state or local). Such
communication may, as required by such government bodies, be in either Bahasa
Malaysia or English. The Principal Consultant shall, in a timely manner, provide the
Client with a copy of all such correspondence that directly concerns the execution of
the Project.

24.3 All expatriates assigned by the Principal Consultant and the Supporting Consultant(s)
to work in Malaysia shall have adequate command of both spoken and written
English.

END OF ARTICLE 24.0

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ARTICLE 25.0 : COMMISSIONS

25.1 The Principal Consultant warrants that no agent or broker has been retained or paid
a commission or brokerage or contingent fee for the sole purpose of securing the
execution of this Agreement, provided however that this warranty shall not apply with
respect to employees of the Principal Consultant or established commercial or
marketing organisations retained by the Principal Consultant. For any established
breach of this warranty the Client shall have the sole right to deduct the actual
amount of any such commission or fee paid by the Principal Consultant forthwith
without prejudice to any other rights the Client may have under this Agreement.

END OF ARTICLE 25.0

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ARTICLE 26.0 : ADVERTISEMENT AND COMMUNICATION WITH MEDIA

26.1 No advertisement in respect of this Agreement shall be published by the Principal


Consultant or with the Principal Consultant's authority in any newspaper, magazines
or any other forms of advertisement without the prior written approval of the Client.

26.2 No communications in respect of this Agreement between the Principal Consultant


and media shall be permitted without prior written approval of the Client.

26.3 No communication in respect of labour relations, labour problems, etc. between the
Principal Consultant, agencies and media shall be permitted without prior written
approval from the Client.

END OF ARTICLE 26.0

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ARTICLE 27.0 : NOTICES

27.1 Any notice, request, instruction, communication, or other document to be given or


made under this Agreement by one party to the other shall be sufficiently given if
made in the English language and sent by registered post, or by facsimile (such
facsimile to be followed by the original letter being sent by registered post or other
means as may be agreed by the parties to the addresses as follows: -

If to the Principal Consultant : As stated in Section 1 to the First Schedule


attached hereto.

If to the Client : As stated in Section 2 to the First Schedule


attached hereto.

27.2 Notices sent by registered post shall be deemed to have been received on the
normal course of posting after despatch, and those sent by facsimile shall be
deemed to have been received on the day of despatch.

27.3 Any party may change its addresses and facsimile numbers by written notice to the
other Party. Such notices shall be effective in accordance with Article 27.2.

END OF ARTICLE 27.0

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ARTICLE 28.0 : BINDING EFFECT

28.1 This Agreement shall be binding upon the permitted assigns and successors-in-title
of the parties hereto. It is further provided that this Agreement shall not be
discharged or in any way affected by any change in the composition or identity of the
parties hereto by amalgamation, reconstruction or otherwise.

END OF ARTICLE 28.0

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ARTICLE 29.0 : ENTIRE AGREEMENT

29.1 This Agreement embodies and sets forth the entire agreement and understanding of
the parties and supersedes all prior oral or written agreements, understandings or
arrangements relating to the subject matter of this Agreement. Neither party shall be
entitled to rely on any agreement, understanding or arrangement which is not
expressly set forth in this Agreement.

29.2 This Agreement shall not be amended, modified, varied or supplemented to except in
writing signed by duly authorised representatives of the parties.

29.3 No failure or delay on the part of either party hereto to exercise any right or remedy
under this Agreement shall be construed or operate as a waiver thereto nor shall any
single or partial exercise of any right or remedy be construed as a waiver of any other
rights or remedies provided in this Agreement. Such rights and remedies are
cumulative and are not exclusive of any rights or remedies provided by law.

29.4 The text of any press release or other communication to be published by or in the
media concerning the subject matter of this Agreement shall require the prior
approval of each party.

29.5 Each of the parties hereto shall be responsible for its respective legal and other costs
incurred in relation to the preparation of this Agreement.

END OF ARTICLE 29.0

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ARTICLE 30.0 : CLIENT’S REPRESENTATIVE

30.1 The Client's Representative ("CR") as stipulated in Section 6 of the First Schedule
or such persons deputed or authorised from time to time by the CR to perform any or
all of the duties of the CR as may be from time to time notified in writing to the
Principal Consultant by the CR.

30.2 All such instructions referred to in Articles 30.1 shall be in writing and if given verbally
shall be of no immediate effect, but shall be confirmed in writing by the Principal
Consultant to the CR within seven (7) days after the receipt of the verbal instruction
aforesaid, and if not dissented to in writing by the CR to the Principal Consultant
within seven (7) days from receipt of the Principal Consultant's confirmation shall
take effect as from the expiration of the latter said seven (7) days. Provided always
that if the CR within seven (7) days of giving such an oral instruction shall himself
confirm in writing, then the Principal Consultant shall not be obliged to confirm as
aforesaid, and the said instruction shall take effect as from the date of the CR's
confirmation.

END OF ARTICLE 30.0

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ARTICLE 31.0 : RELATIONSHIP OF THE PARTIES

31.1 The position of the Principal Consultant under this Agreement shall be that of an
independent contractor and the Client and the Principal Consultant shall not at any
time be construed to have a relationship of principal and agent or of master and
servant.

END OF ARTICLE 31.0

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ARTICLE 32.0 : DELAY AND EXTENSION OF TIME

32.1 The Principal Consultant shall undertake and complete the portion of its Services in
accordance with and by or before the time stipulated in Attachment K or any other
time as may be agreed between the parties or extended in accordance with Article
32.4. The Principal Consultant shall procure all Supporting Consultants to comply
with this Article.

32.2 Subject to Article 32.4 below, if the Principal Consultant fails to complete its portion of
Services in accordance with the following timelines:

(a) as stipulated in Attachment K;

(b) where a request is made to the Principal Consultant to provide its review,
approval, request for revision for all drawings for the purpose of the
construction of the Works as submitted or requested by the Contractor, as
the case may be, within fourteen (14) days of receipt of such request or
submission from the Contractor; or within the time as may be instructed in
writing by the Client or the C.R.; or

(c) any other time as may be mutually agreed in writing by the Parties;

(all of such timelines to be referred to as “Scheduled Delivery Date”), the Principal


Consultant shall pay the Liquidated Ascertained Damages (“LAD”) to the Client for
the said delay. The period of delay shall be calculated from the Scheduled Delivery
Date and ending on the actual date of compliance.

32.3 The LAD shall be computed on a daily basis for each day of delay based on the
following formula:

LAD = Base Rate (BR)* x Consultancy Fees


100 365

* BR shall be the Base Rate published by CIMB Bank Berhad on


the date of the Letter of Appointment.

(subject to a minimum of RM100.00 per day)

For the avoidance of doubt, the total LAD shall not exceed ten percent (10%) of the
Consultancy Fees.

32.4 In the event there is a written request made by the Principal Consultant for an
extension of time to complete any part of the Services as provided in Article 32.2 or
any extensions thereof, and the Client is satisfied that the Principal Consultant is
likely to be delayed or has been delayed beyond the Scheduled Delivery Date:

(a) by reason of instruction by the C.R. or the Client;

(b) by reason of directions given by any third party including authorities whose
direction must be complied with, after the C.R. has confirmed that such
compliance is necessary;

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(c) by reason of variation or requirement for Supplementary Services instructed


under the provisions of Article 4;

(d) by reason of the Principal Consultant not having received in due time
necessary instructions from the C.R. due to any negligence or default of the
Client or C.R. and for which he shall have specifically applied in writing in the
Contract or to any extension of time then fixed under this clause;

(e) by reason of change of law, statutory requirements or authorities’


requirements;

(f) by reason of delay of the Contractor;

(g) by reason of FORCE MAJEURE,

PROVIDED ALWAYS that such delays or above events are not caused by, arising
out of, attributed to or otherwise due to the acts or omissions of the Principal
Consultant or its employees, sub-consultants or agents, AND PROVIDED ALWAYS
THAT the Principal Consultant has carried out such actions which he deems
necessary to mitigate the delays, the Client may at its absolute discretion grant such
extension of time on the terms as the Client thinks fit and proper, which grant shall be
in writing.

END OF ARTICLE 32.0

Principal Consultancy Services (Construction) Version 1.1 |21.10.2019


45
PRINCIPAL CONSULTANCY SERVICES (CONSTRUCTION)

IN WITNESS WHEREOF the Parties have executed this Agreement the day and
year first above written.

Signed by )
)
for and on behalf of )
NORTHERN CORRIDOR )
IMPLEMENTATION AUTHORITY )
in the presence of: )

………………………………………………
Name :
Designation:

…………………………………………
Name :
Designation:

Signed by )
)
For and on behalf of )
(To be inserted upon award) )
)
in the presence of: ) ...............................................
Name:
Designation:

…………………………………………
Name:
Designation:

Principal Consultancy Services (Construction) Version 1.1 |21.10.2019


46
PRINCIPAL CONSULTANCY SERVICES (CONSTRUCTION)

FIRST SCHEDULE

Section Item Particulars

1. Name and Address of (To be inserted upon award)


the Principal Consultant

2. Name and Address of Northern Corridor Implementation Authority


the Client No. 1114, Jalan Perindustrian Bukit Minyak 18,
Penang Science Park,
14100 Simpang Ampat
Pulau Pinang

3. Effective Date (To be inserted upon award)

4. Project (description) Detailed Design and Supervision for the


Development of Slam Hub External Infrastructure
for Road Connectivity at Sidam Kiri, Kedah Darul
Aman.

5. Type of Consultancy 1. Civil & Structural Engineer


Services required under 2. Town Planner
the Project. 3. Architect
4. Mechanical & Electrical Engineer
5. Landscape Architect
6. Traffic Consultant
7. Road Safety Auditor
8. Environmental Consultant
9. Social Impact Consultant
10. Quantity Surveyor
11. Land Surveyor inclusive of Utility Mapping and
preparation of land acquisition for Section 4
and Section 8 (Provisional Sum)
12. Soil Investigation Works (Provisional Sum)

6. Client’s Representative Head,


Project Delivery Division, NCIA
Liquidated and
7. Ascertained Damages (To be inserted upon award)
(LAD)

8. Project Manager HSS Integrated Sdn Bhd

Address for Correspondence:


No. 1114, Jalan Perindustrian Bukit Minyak 18,
Penang Science Park,
14100 Simpang Ampat,
Pulau Pinang

END OF FIRST SCHEDULE

Principal Consultancy Services (Construction) Version 1.1 |21.10.2019


47
INVITATION TO BID (ITB)

ATTACHMENT A
Project Brief, Scope of Works,
Design Brief & Project Schedule

TENDER NO. : NCIA/2021/011/0034


ATTACHMENT A OF SECTION 3
_________________________________________________________________________________

1.0 Background and Project Brief

1.1 Background

1.1.1 Sidam Logistics, Aerospace & Manufacturing (SLAM) Hub is one of Thematic
Industrial Parks identified in the Northern Corridor Economic Region (NCER)
Strategic Development Plan 2021-2025 (SDP). A road connection from Tikam
Batu to SLAM Hub was proposed to support the implementation for SLAM Hub.

1.1.2 The feasibility study was prepared that covers three districts in Kedah namely
Kuala Muda, Kulim and Sik which taken into consideration of the area
geophysical features and topographical terrain. The feasibility study comprised
the inputs of traffic studies, land use studies, socio-economic studies,
environmental impact screening, social impact study, conceptual engineering
design, economic evaluation, financial evaluation, selection of preferred
alignment, implementation of policies and program, recommendation and
appraisal.

1.1.3 The preferred alignment is about 15km from Tikam Batu to Slam Hub and KXP
which comprises ten (10) bridges and three (3) interchanges. The preferred
alignment which transverses the nearest residential and village areas such as
Taman Rhu 3, Kampung Permatang Kedundung, Kampung Permatang
Berangan at the beginning and then goes over Kampung Banggol and ends at
SLAM Hub.

1.2 Project Brief

1.2.1 The scope of design components is as follows:

a) Review of the feasibility study report for the preparation of Section 4


submission and finalizing the detailed design.

DESIGN/00(May2010) Page 1 of 6
ATTACHMENT A OF SECTION 3
_________________________________________________________________________________

b) Complete detailed design for the proposed 15 km road inclusive of ten (10)
bridges and three (3) interchanges inclusive preparation of Section 8
submission.

c) The main road shall be configured for two (2) lane dual carriageway
conforming to Malaysian Highway Authority (MHA) and Jabatan Kerja Raya
(JKR) standard.

d) All necessary works including but not limited to items listed below for the
main line and interchanges to be fully functional are as follows;

• Site clearing and earthworks


• Geotechnical works
• Road works inclusive ancillaries
• Drainage works
• Bridges/Flyovers
• Interchanges
• M&E works
• Variable Message Sign (VMS)
• Landscape works
• Utility relocation
• Toll plaza and it’s ancillary facilities

2.0 Scope of Consultancy Services

2.1 The Principal Consultant shall be a Civil & Structural (C&S) Engineer. The
Principal Consultant shall appoint a team of Supporting Consultants as
tabulated below:

Principal Consultant Supporting Consultants


• Civil and Structural • Town Planner
Engineer (with • Architect
Geotechnical, • Mechanical and Electrical Engineer
Road, Drainage, • Landscape Architect
Pavement, and • Traffic Consultant
Geologist • Road Safety Auditor
expertise) • Environmental Consultant
• Social Impact Consultant
• Quantity Surveyor
• Land Surveyor inclusive of Utility
Mapping and preparation of land
acquisition for Section 4 and Section 8
(Provisional Sum)
• Soil Investigation Works (Provisional
Sum)

DESIGN/00(May2010) Page 2 of 6
ATTACHMENT A OF SECTION 3
_________________________________________________________________________________

2.2 The general scope of services for the Principal Consultant shall include but not
limited to the followings:

a) Preliminary and Detailed Design Stage

• Preparation of Inception Report and Design Concept, taking into


account instructions and/or information given by or obtained from NCIA
and other stakeholders;
• Collecting the necessary physical data and design parameters through
field surveys, studies, meetings, etc;
• Review of the feasibility study and preferred alignment prepared by
feasibility study consultant for the preparation of detailed design and
Section 4 land acquisition plan;
• Investigation, analysis, design, drafting, preparation of specification
and all other technical services to produce comprehensive engineering
recommendations, drawings and other documents ready to be used
for tender and construction purposes;
• To ensure latest guidelines, requirements and regulations from
relevant authorities related to the design is being thoroughly reviewed,
optimally incorporated, and complied.
• Preparation and submission of the required documents and drawings
for MHA and other authority approval.
• Preparation and submission of the required documents and drawings
for Kebenaran Merancang (KM) and other related documents for
Authority Approval.
• To lead and coordinate with supporting consultants and prepare the
Terms of Reference (TOR) for Survey works with utility mapping, and
preparation of land acquisition for Section 4 and Section 8 for the
appointment of Land Surveyor;
• To lead and coordinate with supporting consultants and prepare the
Terms of Reference (TOR) for Soil Investigation (SI) works and the
appointment of a SI Contractor sufficient for the purpose of detailed
design;
• To lead and coordinate design works with other supporting consultants
(Concept, Schematic, and Detailed Design);
• Preparation of Design Reports and presentation materials focusing on
the aesthetical value, local context and functionality, together with (not
limited to):
o plan and sectional views,
o elevations,
o project timeline,
o proposed materials,
o preliminary cost estimate,
o operational cost estimate,
o operation’s sustainability.
• Preparation of Environmental Impact Assessment (EIA).
• Preparation of Social Impact Assessment (SIA).
• Preparation of Traffic Impact Assessment (TIA).

DESIGN/00(May2010) Page 3 of 6
ATTACHMENT A OF SECTION 3
_________________________________________________________________________________
• Preparation of documents and reports for submission and approval to
Department of Mineral and Geoscience Malaysia.
• To lead and coordinate detailed design drawings for the project’s
components inclusive of infrastructure and supporting utilities such as
water supply, electricity, telecommunication and other external works,
architectural works and landscape works etc;
• To approach and liaise with the authorities, service providers and
stakeholders on the detailed components, design and infrastructure
requirement;
• To lead and coordinate with supporting consultants and prepare
relevant authority submission documents to gain approvals;
• To lead and coordinate with supporting consultants including Land
Surveyor on Section 4 and Section 8 land acquisition submission and
pertaining matters;
• To lead and participate in value management exercise and
optimization of design.
• To prepare and coordinate all the information for tender documents
including specification & drawings;
• To participate in tendering process inclusive of tender evaluation and
recommendation for the appointment of contractors;
• Attend and arrange coordination meeting with Client, Authorities and
other Consultants;
• Prepare and issue construction drawings;
• Review and approve contractor’s technical submission (shop
drawings, method statement, samples and alternative proposals);
• Attend site progress meeting and client/consultant meetings and other
coordination meetings;
• To involve in monthly valuation for progress payments;
• Prepare Employer’s Instruction and Variation Order;
• Carry out regular inspections and identify defective works during
construction and during defect liability period for rectification and
making good defect by the Contractor(s);
• Verification and certification for Certificate of Practical Completion
(CPC) and Certificate of Making Good Defects (CMGD); and
• Any other scope of services that is deemed necessary to complete the
scope of works.

b) Tendering

• Preparation of Tender Documents inclusive of Specification, Bills of


Quantities, Drawings, etc.
• Preparation of PDA, PTE and ATDA for review and approval by
Client’s Representative.
• Participate in tendering exercise and evaluation for the selection and
appointment of contractor(s).

DESIGN/00(May2010) Page 4 of 6
ATTACHMENT A OF SECTION 3
_________________________________________________________________________________
c) Construction Supervision

• Supervision of construction works and provide required services during


construction stage until issuance of Certificate of Practical Completion
(CPC) and Certificate of Making Good Defects (CMGD).
• To provide, monitor and manage qualified site representative/s and
carry out standing supervision of works at site.

d) Defects Liability Period and Final Account.

2.3 The Principal Consultant shall deliver but not limited to the following:

a) Inception Report;
b) Design Concept, Design Reports and presentation materials;
c) Layout Plan;
d) Procurement documents for the appointment of Provisional Sum
Contractor/Consultant;
e) S.I. Interpretative Reports, and other reports necessary to be carried out for
the detailed design;
f) Geotechnical and Structural Design Reports;
g) Report as required by Department of Mineral and Geoscience Malaysia;
h) Traffic Study Report inclusive of Traffic Management Plan and Traffic
Impact Assessment;
i) Road Safety Audit Report;
j) Hydraulic Report;
k) Detailed design of selected components for construction;
l) Procurement documents for the appointment of Provisional Sum
Consultant/Contractor;
m) Detailed design drawings for the project’s components inclusive of
infrastructure and supporting utilities such as water supply, electricity,
telecommunication and other external works, architectural works and
landscape works etc;
n) Engineering plan;
o) Relevant authority approvals;
p) Cost Plan and Cost Estimate;
q) Value Engineering and Cost Optimization Report;
r) Preparation of Environmental Impact Assessment (EIA), Environmental
Management Plan (EMP) and approval from authorities;
s) Complete Tender Documents (Scope of Works, Tender Drawings,
Specifications, Bills of Quantities, etc.);
t) Preparation of Contract Document upon award of Contractor;
u) Construction supervision, verification of survey works and Project Reports;
v) Monthly Cost Report, Interim Payment Certificate (IPC), Variation Order
documents, Final Account.
w) Any other deliverable(s) that are deemed necessary in order to complete
the works.

Please refer to Attachment B for the Detailed Scope of Services.

DESIGN/00(May2010) Page 5 of 6
ATTACHMENT A OF SECTION 3
_________________________________________________________________________________

3.0 PROJECT SCHEDULE

3.1 The proposed project implementation timeline is as follows:

Item Activity Schedule Duration


SLAM Hub External Infrastructure for Road Connectivity
Design and Approval from Relevant
1. Nov 2021 - Aug 2022 10 months
Authorities
2. Section 4 Stage (Land Acquisition) Jan 2022 – April 2022 4 months
3. Section 8 Stage (Land Acquisition) Sept 2022 – May 2023 9 months
4. Tender Stage Feb 2023 - Apr 2023 3 months
5. Construction Stage May 2023 - Oct 2025 30 months

3.2 The deliverables schedule shall be as follows:


2021 2022 2023 2024 2025

SLAM HUB ROAD


Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
CONNECTIVITY Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4

W1 W2 W3 W4 W1 W2 W3 W4 W1 W2 W3 W4 W1 W2 W3 W4 W1 W2 W3 W4 W1 W2 W3 W4 W1 W2 W3 W4 W1 W2 W3 W4 W1 W2 W3 W4 W1 W2 W3 W4 W1 W2 W3 W4 M1 M2 M3 M1 M2 M3 M1 M2 M3 M1 M2 M3 M1 M2 M3
Appointment of
Nov-21
Consultant
Inception 6 weeks
Report upon award
Schematic 16 weeks
Design upon award
Detailed 32 weeks
Design upon award
*Authority 72 weeks
Approval upon award
25 weeks
Section 4
upon award
75 weeks
Section 8
upon award
*Tender
May-23
Process
Construction
Oct-25
Complete

For the avoidance of doubt, the duration as stated above serves only as a guide
and the Principal Consultant’s obligation shall be to fully complete its Scope of
Services for the whole of the Works even if the Principal Consultant is required
to continue performing the Services beyond the durations as set out above.

DESIGN/00(May2010) Page 6 of 6
INVITATION TO BID (ITB)

ATTACHMENT B
Scope of Consultancy’s Services

TENDER NO. : NCIA/2021/011/0034


ATTACHMENT B OF SECTION 3

1.0 SCOPE OF CONSULTANCY SERVICES

The Scope of Consultancy Services of the Principal Consultant shall consist of but not
limited to the following:

1.1 GENERAL

(a) The Principal Consultant shall lead a multi-disciplinary team of Supporting


Consultants in the disciplines as follow: -

Principal Consultant Supporting Consultants


• Civil and Structural • Town Planner
Engineer (with • Architect
Geotechnical, • Mechanical and Electrical Engineer
Road, Drainage, • Landscape Architect
Pavement, and • Traffic Consultant
Geologist • Road Safety Auditor
expertise) • Environmental Consultant
• Social Impact Consultant
• Quantity Surveyor
• Land Surveyor inclusive of Utility
Mapping and preparation of land
acquisition for Section 4 and Section 8
(Provisional Sum)
• Soil Investigation Works (Provisional
Sum)

Should the Supporting Consultant have their in-house expertise for any
disciplines under Supporting Consultancy, outsourcing from other firms to
engage them as the Supporting Consultant will not be required.

The Principal Consultant shall lead the project team as the Project Director.
Please refer to the minimum manpower requirement as per the sample
Organization Chart in item 7.0 of Section 2 of the Invitation to Bid Documents.

(b) The Principal Consultant is responsible to appoint and coordinate with all the
Supporting Consultants mentioned above for all stages of the Project.

Written consent from the Client shall be obtained prior to the appointment of the
Supporting Consultants, consent of which shall not be unreasonably withheld.
The Client reserves the right to view the terms and conditions of engagement of
any of the consultants appointed by the Principal Consultant for the Project;
however, no privity of contract shall exist between the Client and the Supporting
Consultants.

(c) The Principal Consultant shall coordinate the services of all the Supporting
Consultants for the Project and any other consultants appointed for the Project
to ensure the successful design and construction of the Project.

(d) The Principal Consultant shall coordinate the preparation of document and
drawings submittals amongst the Supporting Consultants and any other
consultants at each phase of the Project as provided for under this Agreement.
The submittals must be completed with the required design information required

Page 1 of 25
ATTACHMENT B OF SECTION 3

by the authorities and other regulatory bodies before proceeding to submit it to


the authorities and other regulatory bodies.

(e) The Principal Consultant shall coordinate the preparation and compilation of all
documents for submission to the Client at each stage of the Project as provided
for under this Agreement. The Principal Consultant shall coordinate to ensure
uniformity and consistency in their documentation.

(f) The Principal Consultant is responsible for data gathering for the purpose of
fulfilling its services and shall prepare a fact sheet of design elements that shall
be updated as necessary to reflect any significant change and in any event, at
completion of each subsequent phase of the Services.

(g) The Principal Consultant shall advise and recommend to the Client on the
phasing of the Works and to ensure that all interfacing and coordination activities
are carried out.

(h) The Principal Consultant and the Supporting Consultants shall prepare a monthly
progress report which shall describe the progress, immediate and future
undertaking, problems and solution of the entire team and advising the Client on
the need for other necessary consultants to be engaged or specialist studies
which may be required for the Project at various stages. The Principal Consultant
and the Supporting Consultants shall also prepare and make presentations on
the Project whenever required by the Client using relevant presentation
materials.

(i) The Principal Consultant and the Supporting Consultants shall attend meetings
as requested by the Client and shall prepare minutes of meeting for the Client’s
review. The Principal Consultant shall distribute minutes of such meetings to all
participants after review by the Client.

(j) For coordination purposes, the Principal Consultant and the Supporting
Consultants shall provide sufficient sets of drawing documentation and soft
copies, for the use of the Client, other consultants, and any other project team
members at no extra cost to the Client.

(k) The Principal Consultant and the Supporting Consultants shall allow for sufficient
numbers of relevant personnel to attend all design team coordination meetings;
presentation meetings; end of phase reviews as established by the Client and
any other meetings as deemed appropriate by the Client; whether on periodic or
on ad hoc basis; and shall prepare minutes of such meetings for the Client, if so
requested. For the avoidance of doubt, all expenses related to traveling, lodging
and the like shall be borne by the Principal Consultant and shall not be
reimbursed by the Client.

(l) The Principal Consultant and the Supporting Consultants shall ensure that the
documents submitted to the Client and the authorities comply with the format
required by the Client and authorities.

(m) The Principal Consultant shall ensure that his design complies with the Client’s
requirements, all relevant standards and applicable codes of practice and the
particular requirements of all authorities.

(n) It is the responsibility of the Principal Consultant and the Supporting Consultants
to ensure that it has the capability and capacity to comply with the authority’s
requirements of the electronic submission system at its own cost throughout the

Page 2 of 25
ATTACHMENT B OF SECTION 3

duration of its engagement. No claims whatsoever and howsoever incurred as a


result of complying with this requirement shall be entertained by the Client.

(o) The Principal Consultant and the Supporting Consultants may be appointed as
the Client’s Representative for the purpose of administering construction
contracts.

Qualified personnel shall be assigned by the Principal Consultant for this


purpose.

(p) The Principal Consultant and the Supporting Consultants shall be required to
comply with the Client’s Document Control Procedures where applicable for
handling of documents.

(q) The Principal Consultant and the Supporting Consultants shall submit to the
Client, its Project Quality Plan detailing the organization chart, scope of services,
scope of works, roles and responsibilities of personnel, specific procedures for
management of design, construction works, etc., that the Principal Consultant
and the Supporting Consultants shall implement to ensure that the services to
be provided under this Agreement to meet the requirement of the Client.

The Principal Consultant shall provide to the Client a schedule of submissions


and approvals required by authorities and other regulatory bodies.

(r) The Principal Consultant shall prepare and submit document submittals in the
manner required by the authorities and other regulatory bodies promptly. The
Principal Consultant shall liaise with the necessary authorities to obtain the
required approval and shall provide the status of submission to the Client.

(s) The Principal Consultant shall prepare all reports, certificates and other
documents for which it is responsible under this Agreement. The Principal
Consultant shall perform all services necessary to enable the Client to obtain
related approvals and any other permission required by any authority having
jurisdiction over the Project.

(t) Whenever required by the Client, the Principal Consultant shall submit drawings,
calculations, report and other necessary documentation for an independent third-
party reviewer to be appointed by the Client.

(u) The Principal Consultant shall ensure that calculations, drawings and
specifications are checked, approved and signed by the Project Director of the
firm. The Project Director shall be responsible for the design compliance and
endorsement.

(v) The Principal Consultant shall require approval from the Client before proceeding
with subsequent stages within the Design Development Stage. The Principal
Consultant shall advise the Client at all times during the process at each stage
of approval, as to the estimated construction cost of the Project.

(w) The Principal Consultant shall advise the Client promptly of any changes or
proposed changes that may have any adverse effect on construction costs,
aesthetic or time of performance of the Project. The Principal Consultant shall
prepare a comprehensive report indicating reason and background for change,
detailed description of the changes including the quantities, quality including
estimated cost and time impact to the Project Schedule.

Page 3 of 25
ATTACHMENT B OF SECTION 3

(x) The Principal Consultant shall submit the Proposed Site Supervision Team
(Qualified and Competent Personnel) i.e. Resident Engineer, Resident Architect,
Senior Clerk of Works (C&S etc.) within 2 weeks before the award of the Project
for Client’s approval.

(y) Any other services that are deemed necessary in order to complete the Project.

2.0 DETAILED SCOPE OF SERVICES AT EVERY STAGE

In performing the Scope of Services, the Principal Consultant and his Supporting
Consultants shall comply with the requirements in stages as described below. These
are grouped solely for the purpose of presenting the activities and should not be
construed to have any significance in the division of the scope of services or
responsibilities under the Agreement. Although some of the activities may be shown in
a single stage, the activities may have to be carried out in other stages as appropriate.
Upon completion of each stage, the Principal Consultant shall proceed to the next stage
only upon receipt of written confirmation from NCIA.

2.1 PRELIMINARY STAGE

(a) The Principal Consultant shall refine the Design Brief in consultation with the
Client to arrive at an agreed Project Brief and Design Brief for the Project. He
shall accomplish the refinement of the Project and Design Briefs prior to carrying
out the detailed engineering survey and soil investigation works.

(b) The Principal Consultant shall prepare an Inception Report based on the Project
Brief, Scope of Works, Design Brief and Project Schedule as described in
Attachment A.

(c) The Inception Report shall contain information such as site reconnaissance,
design methodology, Organization Chart, Work Schedule, and Site Visit Report
complete with review of existing condition/issues and photos.

(d) The Principal Consultant shall prepare the Terms of Reference (TOR) for the
appointment of services under Provisional Sum for procurement and appointment
of works. With approval from the Client, the Principal Consultant shall proceed to
procure the above works. The procurement process and selection of the
Contractor for the above works shall be approved by the Client. The Provisional
Sum as per Attachment G shall be used for this purpose.

The Principal Consultant shall prepare and submit Report on findings of the Audit
carried out.

(e) The principal Consultant shall coordinate with supporting consultants and prepare
detailed Layout Plan for submission to Authorities for Planning Approval (Building
Plan Approval and Kebenaran Merancang (KM) if applicable).

(f) The Principal Consultant shall prepare and submit to the client the Design Brief
of the development prior to the commencement of the design works.

(g) The Principal Consultant shall develop a Schematic Design for the Development
area.

(h) The Schematic Design shall be of a quality and standard that allow a clear
understanding of the scope of works. The Concept Design shall serve to illustrate
overall interpretation of the Scope of Works, the relationship of the various

Page 4 of 25
ATTACHMENT B OF SECTION 3

components, total cost in elemental format, schedule and generally describe the
materials and standards of workmanship for each element of the Scope of Works.

(i) The Principal Consultant shall consult frequently with the Client and issue in
stages the Concept Design documents to the Client which shall comply with the
Project Brief, Design Brief, Project Schedule and the project budget. Subject to
written approval, the Principal Consultant shall be able to rely on this constant
review for compliance with the Project Brief, Design Brief, Project Schedule and
the project budget requirements for the Concept Design Stage.

(j) The Principal Consultant shall seek approval and consensus from all stakeholders
on the schematic design.

(k) The Principal Consultant shall perform value-engineering exercise concurrent


with the Concept Design process.

(l) The Principal Consultant shall provide to the Client for the purpose of Client’s
review and acceptance:-

(i) 6 sets of hardcopies of the Concept Design Report and Drawings (hard cover
ring bind).
(ii) 1 set of digital copy of the Concept Design Report and Drawings (compact
disc).

2.2 DETAILED DESIGN STAGE

(a) The Principal Consultant shall, in collaboration with Supporting Consultants,


prepare Design Development documents in accordance with the approved
Schematic Design documents, approved budget and Project Schedule.

(b) The Design Development documents shall consist of a design brief, drawings,
specifications, detailed cost estimate, schedule and other documents which shall
collectively detail the character of the Project as to structural, materials, finishes,
standards of construction and workmanship and such other elements as the
Client deems necessary.

(c) Prior to commencing the production of the detailed design drawings, the Principal
Consultant shall submit to the Client a brief on the detailed design methodology,
design assumption and outline of the relevant manuals and codes of practice to
be used.

(d) The drawings and specifications shall contain sufficient details to enable
estimation of the detailed elemental cost of construction, to plan construction
sequences and organization and to perform value engineering. The Principal
Consultant shall incorporate any value engineering scheme approved by the
Client.

(e) The design carried out by the Principal Consultant shall comply with all statutory
requirements and to a standard fit for calling of tender and construction.

The service rendered by the Principal Consultant shall be in accordance with the
existing best international practice in the area of designing and shall employ the
up-to-date standards, most modern techniques and technologies.

(f) The Principal Consultant shall consider the followings: -

Page 5 of 25
ATTACHMENT B OF SECTION 3

(i) the constructability deliberations related to design configurations for


efficient construction such as simplicity, flexibility, sequencing,
substitution, resource availability and maintainability of the Project.
(ii) the impact to the environmental, air and water quality, safety
requirements and all ancillary works permanent or temporary necessary
for a workable design and serviceability and shall be fit for construction.

(g) The Principal Consultant shall give consideration to logistics, site constraints,
etc. in respect of the construction works for incorporation into the detailed design.

(h) When required, the Principal Consultant shall recommend to the Client the
subdivisions of the Project into contract packages.

(i) The Principal Consultant shall prepare all necessary submissions inclusive of
reports, drawings and design calculations required to obtain the approval from
all the Authorities inclusive of Layout Approvals, necessary technical/
engineering approval, etc. prior to the commencement of construction works.

(j) The Principal Consultant shall advise the Client of the guarantees and warranties
available for all materials and equipment to be used in the Project. The
Consultant shall recommend such additional testing as may be necessary to
supplement the information so provided.

(k) The Principal Consultant shall interface with the relevant authorities pertaining to
the design and construction of the works.

(l) In the event that the drawings or specifications prepared by the Principal
Consultant require the use of newly developed materials or equipment, the
Consultant shall furnish the Client with copies of available test results,
guarantees and warranties issued by the manufacturer or supplier of such
materials and equipment together with written consents from the relevant
authorities.

(m) The Principal Consultant shall not include any terms, conditions or requirements
in any specification or other documents that are inconsistent with the terms of
the construction contract documentation without the Client’s prior written
approval.

(n) The Principal Consultant shall initiate and be fully involved in performing value
engineering exercise. Any value engineering scheme accepted by the Client
shall be fully coordinated and integrated by the Principal Consultant into the
design of the Project.

(o) The Principal Consultant shall prepare the drawings and specifications in a
sequence and to a level of detail so that the Project may be constructed on a fast
track basis. To the extent required by the Client, the Principal Consultant shall
prepare contract packages and corresponding contract documents that may be
tendered to contractors in sequence and prior to completion of all of the drawings
and specifications.

(p) The Principal Consultant shall provide ‘in progress’ drawings and specifications
for the Client’s review. The Principal Consultant shall not vary any term,
condition or requirement in any specifications and drawings or other documents
to the extent that the same is inconsistent with the terms of the construction
contract documentation without the Client’s prior written approval.

Page 6 of 25
ATTACHMENT B OF SECTION 3

(q) The drawings and specifications shall contain sufficient information and detail to
enable contractors to determine the nature, quality and quantity of labour and
materials required for each portion of the work so as to allow the contractors to
complete their tender. The specifications in general, will be compatible with the
technical requirements of the work and shall be coordinated and detailed to
accurately reflect the Project.

(r) Where named manufacturers are specified by the Principal Consultant, the
Principal Consultant shall list a minimum of three (3) manufacturers and shall
include provision for the Client to approve alternative manufacturers proposed.

(s) The Principal Consultant shall provide to the Client for the purpose of tender:-

(i) 1 set of tracing of tender drawings;


(ii) 1 set of digital copy of tender drawings;
(iii) 6 sets of hardcopies (A1 size) of tender drawings - blue print (tape bind);
(iv) 1 set of digital copy of specifications/tender document (compact disc);
(v) 6 sets of hardcopies of specifications/tender document (hard cover ring
bind); and
(vi) 6 sets of hardcopies (A3 size) of tender drawings - blue print (tape bind).

(t) Tender Documents shall be prepared in five (5) volumes as given below:

Volume I Instructions to Bidder


Volume II General Conditions Requirements
Volume III Technical Condition (Technical Specifications and Tender
Drawings)
Volume IV Technical Proposal
Volume V Commercial Proposal

(u) For any submission drawings to the authorities, the Principal Consultant shall
provide separately to the Client:-

(i) 1 set of tracing of submission drawings;


(ii) 1 set of digital copy of submission drawings (compact disc);
(iii) 6 sets of hardcopies (A1 size) of submission drawings - blue print (tape
bind);
(iv) 1 set of digital copy of calculations, report and specifications (compact
disc);
(v) 6 sets of hardcopies of calculations, report and specifications (hard cover
ring bind); and
(vi) 2 sets of hard copies (A3 size) of approved drawings – blue print (tape
bind).

(v) For any approved drawings by the authorities, the Principal Consultant shall
provide separately to the Client:-

(i) 6 sets of hardcopies (A1 size) of approved drawings - blue print (tape
bind);
(ii) 6 sets of hardcopies of approved calculations, report and specifications
(hard cover ring bind);

2.3 TENDER STAGE

(a) The Principal Consultant shall, if requested by the Client, prepare lists of
tenderers, obtain tenders or negotiate proposals and prepare construction
contracts for award. This shall include but not limited to:
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ATTACHMENT B OF SECTION 3

(i) Attending pre-tender meetings to provide appropriate information to


prospective tenderers.
(ii) Providing, as required, clarifications as to the tender drawings and
specifications.
(iii) Where appropriate, supplementing and interpreting the tender drawings
and specifications to assist the Client in negotiations with tenderers;
(iv) Preparing addenda for inclusion in tender packages, as necessary, to
enable tenderers to prepare and submit tenders and enter into
construction contracts;
(v) Evaluating the tenders and make recommendations to the Client on the
award of the tender;
(vi) Preparing the necessary report for the purpose of tender of the Project as
required by the Client;
(vii) Making the necessary presentations to the Client for the purpose of
obtaining approvals for the tender evaluation recommendation or award
recommendation or the like; and
(viii) To prepare pre-tender estimate of the tender exercise.

All cost and expense incurred by the Principal Consultant during this Tender Stage
(including but not limited to travelling, accommodations and meals) shall be borne
by the Principal Consultant.

2.4 CONSTRUCTION STAGE

(a) The Principal Consultant shall provide to the Client for the purpose of contract
documentation:

(i) 6 sets of contract documents (hard cover binding) including implementation


and novation agreement where applicable.

In addition, the Principal Consultant shall provide to the Client the following:

(i) 1 set of tracing of contract drawings;


(ii) 1 set of digital copy of contract drawings (compact disc);
(iii) 1 set of digital copy of specifications/contract document (compact disc);
(iv) 6 sets of contract drawings (A1 size) - blue print (tape bind); and
(v) 1 set of hard copy of specifications/contract document (hard cover ring
bind).

(b) The Principal Consultant shall supply construction drawings, specifications,


revisions and other information for the purpose of construction to the Client from
time to time as required by the construction schedule, as follow:

(i) 1 set of mylar copies of construction drawings;


(ii) 1 set of digital copy of construction drawings (compact disc);
(iii) 1 set of digital copy of specifications/construction document (compact
disc);
(iv) 6 sets of construction drawings (A1 size) - blue print (tape bind); and
(v) 6 sets of hard copy of specifications/construction document (hard cover
ring bind).

(c) The Principal Consultant shall prepare and submit to the Client for approval the
proposed Site Supervision Team to supervise the physical works at the Project
Site. This shall include the organization chart, job description for each post,
name, CV (qualification, years of experience and projects involved), duration of
services and the monthly charge rate of the candidates.
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ATTACHMENT B OF SECTION 3

(d) The Principal Consultant shall make the necessary arrangement for proper and
timely mobilization of the site staff to the Project Site.

(e) The Principal Consultant shall make regular visits to the Project Site to ensure
that the level of supervision services being provided by his site staff is of the
highest quality and acceptable to the Client.

(f) The Principal Consultant shall be fully responsible for timely payment for the
salary of the site staff including all the associated over-time payments.

(g) The Principal Consultant shall coordinate with his site staff at all times with regard
to the site technical matters, issues to be resolved, progress and quality of works
and any other relevant matters to ensure satisfactory completion of the Project
in accordance with the constraint of time, quality and cost of the Project.

(h) The Principal Consultant shall assist the contractor in his preparation of shop-
drawings schedule, sample and product data schedule. Thereafter the Principal
Consultant shall review, approve (if acceptable) and return to the contractor the
necessary shop drawings, samples and product data within the time allowed in
the construction contract. The Principal Consultant shall advise the Client of any
deviations from construction drawings and revisions necessary to shop drawings,
samples and product data to achieve conformity with the construction drawings
and specifications.

The submissions reviewed by the Principal Consultant shall be stamped, signed


and noted as follow:

(i) "Reviewed and Accepted"- means reviewed and acceptable for


construction, subject to the condition that the work as constructed shall be
in accordance with requirements of the construction drawings and
specifications. Final acceptance of the work shall be conditional upon such
compliance.

(ii) "Reviewed and Accepted as Noted” - means, unless otherwise noted on


the drawings, reviewed and acceptable for construction, subject to the
condition that as constructed it shall be in accordance with all annotations
and/or corrections indicated, and in accordance with the requirements of the
construction drawings and specifications. Final acceptance of the work shall
be conditional upon such compliance. Shop drawings, samples and product
data designated ‘Reviewed and Accepted as Noted’ must be resubmitted for
the Client’s and Principal Consultant’s record files with all corrections clearly
made in accordance with annotations and corrections.

(iii) "Not Accepted, Revise and Resubmit" - means that deviations from the
requirements of the construction drawings and specifications exists in the
submission. No work based on such shop drawings, samples and product
data shall commence, be constructed, fabricated, manufactured or installed.
The contractor must revise and resubmit the shop drawings, samples and
product data to comply with the consultant's annotations and pursuant to all
requirements of the construction drawings and specifications.

"Reviewed and Accepted" shall mean that the Principal Consultant has reviewed
the shop drawings, samples and product data for compliance with the
construction drawings and specifications; that they are coordinated with all
Principal Consultant’s, and other consultant’s drawings, shop drawings and/or
as-built drawings and that they conform with the design concept.
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ATTACHMENT B OF SECTION 3

For submissions stamped “Reviewed and Accepted as Noted”, the Principal


Consultant may also provide for the partial release and acceptance of a shop
drawings, samples and product data. “Reviewed and accepted as Noted” shall
also mean that the Principal Consultant has reviewed the shop drawings,
samples and product data for compliance with the construction drawings and
specifications; that they are coordinated with all Principal Consultant’s, and other
consultant’s drawings, shop drawings and/or as-built drawings and that they
conform with the design concept.

(i) In accordance with the requirements for the preparation of coordinated shop
drawings by the contractors in other trades, if relevant, the Principal Consultant
shall, together with Supporting Consultants co-operate with and assist the
contractors in resolving all conflicts caused by juxtaposition of the work of the
various trades that may become apparent from the review of the coordinated
shop drawings.

(j) All shop drawings and other submissions are to be stamped, signed and
annotated by the Principal Consultant’s qualified/licensed engineer who has
been specifically assigned to the task of reviewing and approving shop drawings
and other submissions.

(k) The Principal Consultant shall review and evaluate all requests or proposals for
modifications to all drawings and specifications and advise the Client whether to
accept such modifications or recommend alternative solutions.

(l) The Principal Consultant shall review and evaluate logistic plan submitted by the
contractor and subsequently advise the client accordingly.

(m) The Principal Consultant shall promptly respond to all contractors’ request for
information, consistent with the intent of the design, drawings and specifications.

(n) The Principal Consultant shall coordinate with the authorities, relevant utility
providers and contractors for utility relocation works, etc., if any, during
construction stage for smooth implementation of project.

(o) The Principal Consultant shall not make any changes to any drawings,
specifications and other documents that can cause a variation to the construction
contract, without prior written approval from the Client.

(p) The Principal Consultant shall review and advise the Client of the contractor’s
quality plan, work method statement, organization structure, Health, Safety and
Environmental Plan (HSEP), testing and commissioning procedure, operation &
maintenance manuals, warranties and such other items and documents deemed
necessary by the Client.

For the purpose of the testing and commissioning procedures and the operation
and maintenance manuals, the Principal Consultant shall review contractors’
submissions to ensure their completeness and compliance to the contract
requirement. This shall be carried out in accordance with the time period as
allowed for in the construction contracts.

(q) Notwithstanding the employment of site supervisory personnel through separate


reimbursable arrangement between the Principal Consultant and the Client, the
Principal Consultant’s personnel from the head office shall make regular visits to
the site to ensure that the progress and quality of the work is being carried out in
accordance with the design intent, construction drawings and specifications. On
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ATTACHMENT B OF SECTION 3

the basis of its on-site inspections, the Principal Consultant shall immediately
notify the Client if it sees or becomes aware of any part of the work that is not in
accordance with the construction drawings, specifications and approved shop
drawings, samples and product data and make recommendations to the Client
for correction of any defective work and shall prepare and issue the non-
conformance report to the Contractor. The Principal Consultant shall ensure that
all non-conformance reports issued to the Contractor are promptly and properly
closed-out.

The Principal Consultant shall also make regular visits to the site to ensure that
his site supervisory personnel (if any), are performing their duties diligently and
in accordance with the requirements set forth in this Agreement or as agreed
between the Principal Consultant and the Client.

(r) The Principal Consultant shall provide “quality control” supervision to ensure that
the works are carried out in accordance with construction contract documents.
This shall include verification of Contractor’s survey works, both onshore and
coastal, by the Principal Consultant’s own Licensed Surveyor.

(s) The Principal Consultant shall, if required by the Client, undertake


benchmarking, study visits, and factory visits for the works locally or overseas.

(t) The Principal Consultant shall evaluate the progress of the works for the purpose
of certifying progress payments to the contractor.

(u) The Principal Consultant shall attend and participate in meetings and promptly
prepare and distribute minutes of such meetings to all participants, after review
by the Client.

(v) The Principal Consultant shall advise the Client of all inspection, testing and
commissioning requirements of any work, materials and equipment. If required,
the Principal Consultant shall attend to the inspections, tests and commissioning
and report to the Client on the result of the same.

(w) The Principal Consultant shall in conjunction with the Client, evaluate claims,
disputes and other matters in question with the contractors.

(x) The Principal Consultant shall be responsible to arrange for progressive and final
inspections of works by the authorities as required by statutory regulations. This
shall include submission of relevant drawings, documents, report and the like in
order to obtain necessary certifications by the authorities.

(y) The Principal Consultant shall provide recommendation to the Client for
corrective or additional works required by Local Authority and other regulatory
bodies as a result of such authority’s site inspections.

(z) The Principal Consultant shall conduct inspections and advise the Client as to
the degree of completion of the works and assist the Client in the issuance of
Certificate of Practical Completion. The Principal Consultant shall provide a snag
list; listing down all outstanding works, defective works, and any works that have
not been properly closed-out via the non-conformance report. Upon the issuance
of Certificate of Practical Completion, the Principal Consultant shall follow-up
with the contractor to ensure that all the items in the snag list (if any) are
completed within the stipulated time frame and advise the Client as to the
completeness of the construction.

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ATTACHMENT B OF SECTION 3

(aa) The Principal Consultant shall review, within the time stipulated in the
construction contract, and approve Contractor’s as-built drawings to ensure
consistency with the construction or shop drawings.

(bb) The Principal Consultant shall provide the necessary documents for the handing
over purposes to the relevant authorities and other regulatory bodies.

2.5 DEFECTS LIABILITY STAGE

(a) The Principal Consultant together with Supporting Consultants shall prepare a
list of defects appearing to the works and submit the same to the Client for
issuance to the contractor. The Principal Consultant together with Supporting
Consultants shall ensure that all defects are completed and made good in
accordance with the requirements of the Contracts.

(b) The Principal Consultant together with Supporting Consultants shall be


responsible to follow-up with the contractors to make good and complete the
defects and outstanding works.

(c) Upon notification from the contractor that the defects and outstanding works are
made good and completed, the Principal Consultant shall immediately carry out
inspections, tests and the like to ascertain that the defects and outstanding works
are made good and completed according to the requirements of the construction
contract. The Principal Consultant shall recommend for issuance of the
Certificate of Making Good Defects and then submit ‘close-out’ reports to the
Client.

(d) The Principal Consultant together with Supporting Consultants shall continue to
prepare the necessary documents to secure the acceptance of works from the
relevant authorities and other regulatory bodies.

3.0 DETAILED SCOPE OF SERVICES FOR PRINCIPAL CONSULTANT

3.1 DETAILED SCOPE OF SERVICES FOR C&S ENGINEERING CONSULTANT

Scope of Services
As a Principal Consultant, the Civil & Structural (C&S) Engineer shall appoint, lead, and
manage the supporting consultants i.e, Town Planner, Architect, Mechanical & Electrical
(M&E) Engineer, Landscape Architect, Traffic Consultant, Road Safety Auditor,
Environmental Consultant, Social Impact Consultant, Quantity Surveyor, Land Surveyor
inclusive Utility Mapping and preparation of land acquisition for Section 4 and Section 8,
and Soil Investigation Works Contractor to ensure successful delivery of the design and
the construction.

The detailed scopes of services are as follow:

i. To prepare design concept, taking into account instructions and/or


information given by or obtained from NCIA and other stakeholders.
ii. To review of the feasibility study and masterplan prepared by feasibility
study consultant for the preparation of detailed layout plan.
iii. To collect the necessary physical data and design parameters through field
surveys, studies, meetings, etc.
iv. To lead, coordinate, monitor and review Supporting Consultants and other
relevant parties for the purpose of developing the design from concept,
schematic to detailed design for the project components inclusive of all

Page 12 of 25
ATTACHMENT B OF SECTION 3

development components i.e. building, infrastructure, external works,


utilities etc. and supervision of the development.
v. To ensure latest guidelines, requirements and regulations from relevant
authorities related to the design is being thoroughly reviewed, optimally
incorporated, and complied.
vi. Preparation and submission of the required documents and drawings for
Kebenaran Merancang (KM) and other related documents for Authority
Approval.
vii. To lead and coordinate with supporting consultants and prepare the Terms
of Reference (TOR) for Survey works with utility mapping and the
appointment of Land Surveyor;
viii. To lead and coordinate with supporting consultants and prepare the Terms
of Reference (TOR) for Soil Investigation (SI) works and the appointment
of a SI Contractor sufficient for the purpose of detailed design;
ix. Investigation, analysis, design, drafting, preparation of specification and all
other technical services to produce comprehensive engineering
recommendations, drawings, and other documents ready to be used for
tender and construction purposes;
x. To carry out field geology and geomorphology mapping and data collection.
xi. To prepare surface geology map including soil/rock type and structure,
terrain classification map, construction suitability map, engineering geology
map, slope assessment, and geomorphology mapping.
xii. To conduct necessary testing and prepare “Pembebasan Mineral” Report
as required by Department of Mineral and Geoscience Malaysia or any
Local Authorities.
xiii. To conduct necessary testing and prepare Soil Resistivity Report (if
required by any Local Authorities).
xiv. To prepare and carry out “Kajian Pendasaran Tapak dan Pemadatan
Tanah” Report as required by Department of Mineral and Geoscience
Malaysia or any Local Authorities.
xv. Carry out the necessary studies and prepare the relevant reports/drawings
etc. as required for the purpose of timely submission to relevant authority.
xvi. To conduct Hydraulic study for the preparation of drainage design;
xvii. To prepare and submit the required drawings and reports to the authorities
for necessary approvals.
xviii. To ensure latest guidelines, requirements and regulations from relevant
authorities related to the design is being thoroughly reviewed, optimally
incorporated, and complied.
xix. To undertake value engineering exercises in evaluating design options and
address the client on any financial impact due to the changes made during
the design development.
xx. To participate in risk management exercises.
xxi. To prepare, coordinate and compile all the information for tender
documents including specifications & drawings.
xxii. To prepare PDA, PTE and ATDA for review and approval by Client’s
Representative
xxiii. To participate in tendering processes, inclusive of tender evaluation and
recommending the appointment of contractors.
xxiv. To attend & arrange coordination meeting when required with Client,
Authorities, Stakeholders, Consultants and Contractors, inclusive of
preparing of minutes of meeting.
xxv. To prepare and issue construction drawings.

Page 13 of 25
ATTACHMENT B OF SECTION 3

xxvi. To provide, monitor and manage qualified site representative/s and carry
out standing supervision of works at site.
xxvii. To review and advise the client of the contractor’s quality plan, organization
structure, Health, Safety, Security and Environmental Plan, testing and
commissioning procedures, operation & maintenance manuals, warranties
and such other items and documents deemed necessary by the client.
xxviii. To review and approve contractor’s technical submissions i.e. shop
drawings, method statements, samples, alternative proposals etc.
xxix. To lead and attend site progress meetings and client/consultant meetings
and to prepare minutes of meeting.
xxx. To involve in monthly site valuations for progress payments.
xxxi. To carry out regular inspections to identify non-conforming works during
construction and defect works during Defect Liability Period for
rectification and making good defect by the Contractor.
xxxii. To provide information and preparation of Employer’s Instructions and
Variation Orders.
xxxiii. To recommend the Certificate of Practical Completion (CPC), Certificate
of Making Good Defects (CMGD), Final Account Certificate, and to issue
the Certificate of Completion & Compliance (CCC) required under the
Uniform Building By-Laws (UBBL) and Project Closure Report.
xxxiv. Any other scope of services that are deemed necessary in order to
complete the scope of work.

Deliverables
i. Inception Report;
ii. Submission for Kebenaran Merancang (KM)
iii. Design Concept, Design Reports and presentation materials;
iv. Review Findings Report;
v. Layout Plan;
vi. Procurement documents for the appointment of Provisional Sum
Contractor/Consultant;
vii. S.I. Interpretative Reports, and other reports necessary to be carried out for
the detailed design;
viii. Surface Geology Map.
ix. Terrain Classification Map.
x. Construction Suitability Map.
xi. Engineering Geology Map and Slope Assessment.
xii. Geomorphology Mapping.
xiii. Soil Resistivity Report (If required).
xiv. “Laporan Pembebasan Mineral” Report.
xv. “Kajian Pendasaran Tapak dan Pemadatan Tanah” Report.
xvi. Geotechnical and Structural Design Reports;
xvii. Traffic Study Report inclusive of Traffic Management Plan and Traffic
Impact Assessment;
xviii. Road Safety Audit Report;
xix. Hydraulic Report;
xx. Detailed design of selected components for construction;
xxi. Detailed design of SLAM Hub connectivity infrastructure components;
xxii. Report on finding of the utilities and Service Clash Analysis including
coordination drawings;
xxiii. Engineering plan;
xxiv. Relevant authority approvals;

Page 14 of 25
ATTACHMENT B OF SECTION 3

xxv. Cost Plan and Cost Estimate;


xxvi. Value Engineering and Cost Optimization Report;
xxvii. Preparation of Environmental Impact Assessment (EIA), Environmental
Management Plan (EMP) and authorities approval;
xxviii. Complete Tender Documents (Scope of Works, Tender Drawings,
Specifications, Bills of Quantities, etc.);
xxix. Preparation of Contract Document and Construction Drawings upon award
of Contractor;
xxx. Construction supervision, verification of survey works and Project Reports;
xxxi. Monthly Cost Report, Interim Payment Certificate (IPC), Variation Order
documents, Final Account.
xxxii. Reports, drawings and all documents necessary for satisfactory handing
over of completed works;
xxxiii. Measured drawings;
xxxiv. As built drawings and supporting documents for issuance of CPC/CCC;
xxxv. Any other deliverable(s) that are deemed necessary in order to complete
the works.

TENDER STAGE

i. The Principal Consultant shall, if requested by the Client, prepare lists of


tenderers, obtain tenders or negotiate proposals and prepare construction
contracts for award. This shall include but not limited to:
• Attending pre-tender meetings to provide appropriate information to
prospective tenderers;
• Providing, as required, clarifications as to the tender drawings and
specifications;
• Where appropriate, supplementing and interpreting the tender
drawings and specifications to assist the Client in negotiations with
tenderers; and
• Preparing addenda for inclusion in tender packages, as necessary, to
enable tenderers to prepare and submit tenders and enter into
construction contracts.
ii. Evaluating the tenders and make recommendations to the Client on the
award of the tender;
iii. Preparing the necessary report for the purpose of tender of the project as
required by the Client;
iv. Making the necessary presentations to the Client for the purpose of
obtaining approvals for the tender evaluation recommendation or award
recommendation or the like; and
v. Any other scope of services that are deemed necessary in order to
complete the works.

CONSTRUCTION STAGE

i. The Principal Consultant shall provide to the Client for the purpose of
contract documentation such as contract document, contract drawings,
specification and bill of quantities;
ii. The Principal Consultant shall review and approve (if acceptable)
contractor’s submissions i.e. project schedule, work method statement,
shop drawings, material, samples and alternative proposals;
Page 15 of 25
ATTACHMENT B OF SECTION 3

iii. The Principal Consultant shall coordinate with the contractor and relevant
utilities provider for utility relocation works during construction for smooth
implementation of the project;
iv. The Principal Consultant shall assist the contractor in his preparation of
shop- drawings schedule, sample and product data schedule. Thereafter
the Principal Consultant shall review, approve and return to the contractor
the necessary shop drawings, samples and product data within the time
allowed in the construction contract;
v. The Principal Consultant shall prepare and submit to the Client the
proposed site supervision team to supervise the physical works at the
project site. This shall include the organization chart, job description for
each post, name, CV, duration of services and the monthly charge rate of
the candidates;
vi. The Principal Consultant shall coordinate with his site staff at all times with
regard to the site technical matters, issues to be resolved, progress and
quality of works and any other relevant matters to ensure satisfactory
completion;
vii. The Principal Consultant shall review and advise the Client of the
contractor’s quality plan, work method statement, organization structure,
testing and commissioning procedure and such other items and documents
deemed necessary by the Client;
viii. The Principal Consultant shall also make regular visits to the site to ensure
that his site supervisory personnel (if any), are performing their duties
diligently in supervising the projects;
ix. The Principal Consultant shall provide “quality control” supervision to
ensure that the works are carried out in accordance with construction
contract documents. This shall include verification of contractor’s survey
works by the Principal Consultant’s own land surveyor;
x. The Principal Consultant shall evaluate and recommend the interim
progress payments and the final accounts;
xi. The Principal Consultant shall evaluate and recommend issuance of the
Certificate of Completion & Compliance (CCC) and Certificate of Practical
Completion (CPC);
xii. The Principal Consultant shall carry out regular inspections and identify
defective works during Defects Liability Period for rectification and making
good by the contractor(s) prior to issuance of Certificate Of Making Good
Defects (CMGD) and Final Certificate (FC) as well as preparing all
necessary submissions for handing over of completed works to the relevant
authorities; and
xiii. Any other scope of services that are deemed necessary in order to
complete the works.

4.0 DETAILED SCOPE OF SERVICES FOR SUPPORTING CONSULTANTS

4.1 TOWN PLANNER

Scope of Services
i. To coordinate through NCIA with PLANMalaysia, Local Authority (Pihak
Berkuasa Tempatan), Unit Perancang Ekonomi Negeri, other supporting
consultants and relevant authorities for the purpose of developing the
proposed development.

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ATTACHMENT B OF SECTION 3

ii. To coordinate with Principal Consultant and other relevant parties for the
purpose of developing the design from concept, schematic to detailed
design for the project components inclusive of all development
components.
iii. To collect the necessary physical data and design parameters through field
surveys, studies, meetings, etc.
iv. To review of the feasibility study and masterplan prepared by feasibility
study consultant for the preparation of detailed layout plan.
v. To identify the approach to re-evaluate the feasibility study masterplan.
vi. To prepare recommendation, and planning framework including economic
assessment, benchmarking exercise, proposed improvement, etc. to the
feasibility study masterplan as part of the detailed layout plan preparation.
vii. To ensure latest guidelines, requirements and regulations from relevant
authorities related to the design is being thoroughly reviewed, optimally
incorporated, and complied.
viii. To collect, analyse and develop design based on information collated on
the existing land use, proposed development, the structure plan and local
plan, and any other relevant information necessary to develop the Detailed
Layout Plan.
ix. To Lead in any preparation for the purpose documentation submission to
State Planning Committee (SPC) and Majlis Perancang Fizikal Negara
(MPFN).
x. To prepare and manage with other supporting consultants, inclusive of
preparation of LCP report, the Infrastructure Detailed Layout Plan, Utility
Layout Plan, and all other relevant studies which are fit for submission to
the authorities.
xi. Attend coordination meeting with Client, Authorities, Anchor Company and
other Consultants.
xii. Any other scope of services that are deemed necessary in order to
complete the scope of work.

Deliverables
i. All approval required by the Local Authority.
ii. Inception Report.
iii. Design Concept, Design Reports and presentation materials.
iv. Review Findings Report.
v. Preparation of detailed layout plan.
vi. Preparation of phasing plan.
vii. Preparation and Submission of LCP.
viii. Submission of Layout for Kebenaran Merancang (KM).
ix. Any other deliverable(s) that are deemed necessary in order to complete
the works

4.2 ARCHITECT

Scope of Services:
i. To prepare design concept, taking into account instructions and/or
information given by or obtained from NCIA and other stakeholders;
ii. To collect the necessary physical data and design parameters through
field surveys, studies, meetings, etc;
iii. Preparation of Design Reports and presentation materials focusing on the
aesthetical value, stakeholder context and functionality, together with (not
limited to) architectural perspective drawings (daytime view and night
Page 17 of 25
ATTACHMENT B OF SECTION 3

view), plan and sectional views, elevations, project timeline, proposed


materials and preliminary cost estimates.
iv. To coordinate with Principal Consultant and other relevant parties for the
purpose of developing the design from concept, schematic to detailed
design for the project components inclusive all development components
i.e. building, infrastructure, external works, utilities etc. and supervision of
the development.
v. To ensure latest guidelines, requirements and regulations from relevant
authorities related to the design is being thoroughly reviewed, optimally
incorporated, and complied.
vi. To prepare and submit the required drawings and reports to the authorities
for necessary approvals.
vii. To prepare, coordinate and compile all the information for tender
documents including specifications and drawings.
viii. To participate in tendering processes, inclusive of tender evaluation and
recommending the appointments of contractors.
ix. To attend coordination meeting when required with Client, Authorities,
Stakeholders, Consultants and Contractors.
x. To prepare and issue construction drawings.
xi. To carry out standing supervision of works at site.
xii. To review and approve contractor’s technical submission i.e. shop
drawings, method of statement, samples, alternative proposals etc.
xiii. To involve in monthly site valuations for progress payments.
xiv. To carry out regular inspections to identify non-conforming works during
construction stage and defect works during Defect Liability Period for
rectification and making good defect by the Contractor.
xv. Any other scope of services that are deemed necessary in order to
complete the scope of work.

Deliverables:

i. Inception Report
ii. Design Reports
iii. All approvals required by the Local Authority.
iv. Design and Tender Drawings, Specifications, Schedule of Rates, Bill of
Quantities, etc. related to architectural works.
v. Construction drawings and documents.
vi. Report, drawings and all documents necessary for satisfactory handing
over of completed works.
vii. Any other deliverable(s) that are deemed necessary in order to complete
the works.

4.3 MECHANICAL AND ELECTRICAL (M&E) ENGINEERING CONSULTANT

Scope of Services
i. To coordinate with Principal Consultant and other relevant parties for the purpose
of developing the design from concept, schematic to detailed design for the project
components inclusive of all development components i.e. building, infrastructure,
external works, utilities etc. and supervision of the development.
ii. To review of the feasibility study and masterplan prepared by feasibility study
consultant for the preparation of detailed layout plan.

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ATTACHMENT B OF SECTION 3

iii. Investigation, analysis, design, drafting, preparation of specification and all other
technical services to produce comprehensive engineering recommendations,
drawings, and other documents ready to be used for tender and construction
purposes;
iv. To collect the necessary physical data and design parameters through field
surveys, studies, meetings, etc.
v. To prepare and submit the required drawings to the authorities for approval.
vi. To ensure latest guidelines, requirements and regulations from relevant authorities
related to the design is being thoroughly reviewed, optimally incorporated, and
complied.
vii. To undertake value engineering exercises in evaluating design options. Address
the client on any financial impact due to the changes made during the design
development.
viii. To prepare, coordinate and compile all the information for tender documents
including specifications & drawings.
ix. To provide Bills of Quantities (BQ) of M&E components to the QS Consultant for
detail review, coordination and confirmation.
x. To participate in tendering processes, inclusive of tender evaluation and
recommending the appointment of contractors.
xi. To attend & arrange coordination meeting with Client, Authorities and other
Consultants.
xii. To prepare and issue construction drawings.
xiii. To provide, monitor and manage qualified site representative/s and carry out
standing supervision of works at site.
xiv. To review and approve contractor’s technical submissions i.e. shop drawings,
method statements, samples, alternative proposals etc.
xv. To attend site progress meeting and client/consultant meetings.
xvi. To involve in monthly site valuations for progress payments.
xvii. To carry out regular inspections to identify non-conforming works during
construction and defect works during Defect Liability Period for rectification and
making good defect by the Contractor.
xviii. To provide information for the preparation of Employer’s Instructions and Variation
Orders.
xix. To prepare necessary documents leading to the recommendation of the Certificate
of Practical Completion (CPC) and Certificate of Making Good Defects (CMGD)
and the Certificate of Completion & Compliance (CCC) required under the UBBL.
xx. Any other scope of services that are deemed necessary in order to complete the
scope of work.

Deliverables
i. All approval required by the Local Authority.
ii. Inception Report.
iii. Design Concept, Design Reports and presentation materials.
iv. Review Findings Report.
v. Schematic Design.
vi. Design and Tender Drawings, Specifications, Schedule of Rates, Bills of
Quantities, etc. for M&E works.
vii. Construction drawings and documents.
viii. As built drawings and supporting documents for issuance of CPC/CCC.
ix. Reports, drawings and all documents necessary for satisfactory handing over of
completed works.
x. Any other deliverable(s) that are deemed necessary in order to complete the
works.

Page 19 of 25
ATTACHMENT B OF SECTION 3

4.4 LANDSCAPE ARCHITECT

Scope of Services
i. To coordinate with Principal Consultant and other relevant parties for the purpose
of developing the design from concept, schematic to detailed design for the project
components inclusive of all development components.
ii. To collect the necessary physical data and design parameters through field
surveys, studies, meetings, etc.
iii. To review of the feasibility study and masterplan prepared by feasibility study
consultant for the preparation of detailed layout plan.
iv. To coordinate with other consultants for the purpose of developing detailed
landscape layout plan and detailed design works.
v. To plan and design landscape work inclusive of public amenities for the
development area to the Client’s approval.
vi. To design park entrance statement.
vii. To ensure latest guidelines, requirements and regulations from relevant authorities
related to the design is being thoroughly reviewed, optimally incorporated, and
complied.
viii. To prepare tender documents including drawings, bills of quantities, specifications
and preliminary estimates for all landscape works.
ix. To provide Bills of Quantities (BQ) of landscaping item to the QS Consultant for
detail review, coordination and confirmation.
x. To liaise with relevant authorities and agencies.
xi. To undertake value engineering exercises in evaluating design options. Address
the client on any financial impact due to the changes made during the design
development.
xii. To participate in tendering processes, inclusive of tender evaluation and
recommending the appointment of contractors.
xiii. To attend & arrange coordination meeting with Client, Authorities and other
Consultants.
xiv. To prepare and issue construction drawings.
xv. To provide, monitor and manage qualified site representative/s and carry out
standing supervision of works at site.
xvi. To review and approve contractor’s technical submissions i.e. shop drawings,
method statements, samples, alternative proposals etc.
xvii. To attend site progress meeting and client/consultant meetings.
xviii. To involve in monthly site valuations for progress payments.
xix. To carry out regular inspections to identify non-conforming works during
construction and defect works during Defect Liability Period for rectification and
making good defect by the Contractor.
xx. To provide information for the preparation of Employer’s Instructions and Variation
Orders.
xxi. To prepare necessary documents leading to the recommendation of the Certificate
of Practical Completion (CPC) and Certificate of Making Good Defects (CMGD)
and the Certificate of Completion & Compliance (CCC) required under the UBBL.
xxii. Any other scope of services that are deemed necessary in order to complete the
works.

Deliverables
i. All approval required by the Local Authority.
ii. Inception Report.
iii. Design Concept, Design Reports and presentation materials.
iv. Review Findings Report.
v. Schematic Design.

Page 20 of 25
ATTACHMENT B OF SECTION 3

vi. To submit and obtain approval from the authorities on the landscape design and
related works.
vii. As built drawings and supporting documents for issuance of CPC/CCC.
viii. Drawings, bills of quantities, specifications and preliminary estimates for all
landscape works.
ix. Construction drawings and documents.
x. Reports, drawings and all documents necessary for satisfactory handing over of
completed works.
xi. Any other deliverable(s) that are deemed necessary in order to complete the
works.

4.5 TRAFFIC CONSULTANT

Scope of Services
i. To coordinate with Principal Consultant and other relevant parties for the purpose
of developing the design from concept, schematic to detailed design for the project
components inclusive of all development components.
ii. To collect the necessary physical data and design parameters through field
surveys, studies, meetings, etc.
iii. To review of the feasibility study and masterplan prepared by feasibility study
consultant for the preparation of detailed layout plan.
iv. To collate and review traffic data such as traffic volumes, vehicle composition and
traffic growth.
v. To assess and analyse the existing road condition in terms of traffic capacity,
geometry and safety.
vi. To carry out traffic surveys to determine traffic and travel characteristics of the
development area.
vii. To forecast and analyse future traffic.
viii. To propose road and junction configuration.
ix. To prepare Traffic Impact Assessment (TIA).
x. To ensure latest guidelines, requirements and regulations from relevant authorities
related to the design is being thoroughly reviewed, optimally incorporated, and
complied.
xi. Any other scope of services that are deemed necessary in order to complete the
works.

Deliverables
i. Traffic Study Report.
ii. Traffic Impact Assessment Report
iii. Any other deliverable(s) that are deemed necessary in order to complete the
works.

4.6 ROAD SAFETY AUDITOR

Scope of Services:
i. To identify road safety deficiencies at various stages in the development of road
network.
ii. To critically examine all aspects of the project which may have adverse safety
implication, considering carefully the need of all road user groups.
iii. To audit compliance and non-compliance of standards that will have road safety
implications.
iv. To audit Traffic Management Plan through and in the vicinity of the project during
the construction stage.

Page 21 of 25
ATTACHMENT B OF SECTION 3

v. To ensure latest guidelines, requirements and regulations from relevant authorities


is being thoroughly reviewed, optimally incorporated, and complied.
vi. Any other scope of services that are deemed necessary in order to complete the
works.

Deliverables
i. Road Safety Audit Report.
ii. Any other deliverable(s) that are deemed necessary in order to complete the
works.

4.7 ENVIRONMENTAL CONSULTANT

Scope of Services:
i. To coordinate with Principal Consultant and other relevant parties for the purpose
of developing the design from concept, schematic to detailed design for the project
components inclusive of all development components.
ii. To collect the necessary physical data and design parameters through field
surveys, studies, meetings, etc.
iii. To review of the feasibility study and masterplan prepared by feasibility study
consultant for the preparation of EIA report.
iv. To liaise with Department of Environmental and establish the environmental
requirements for the project.
v. To prepare Environment Impact Assessment (EIA) Report and obtain necessary
approval from the authority.
vi. To adopt tools or checklists for environmental screening as recommended in
“issues identification or scoping” as stipulated in the guidelines for the
Environmental Impact Assessment, or any other tools which are acceptable for the
project.
vii. Carry out the necessary studies and prepare the relevant reports/drawings etc. as
required for the purpose of timely submission to DOE.
viii. To ensure latest guidelines, requirements and regulations from relevant authorities
is being thoroughly reviewed, optimally incorporated, and complied.
ix. To identify all the potential impacts arising during the pre-construction,
construction and post construction.
x. To prepare comprehensive Environmental Management Plan (EMP) for all stages
and monitoring programme for implementation and to provide supervision during
the project construction and operation phases.
xi. Any other scope of services that are deemed necessary in order to complete the
works.

Deliverables
i. Environment Impact Assessment Report (EIA),
ii. Environmental Management Plan (EMP).
iii. Environmental Monitoring Reports.
iv. Any other deliverable(s) that are deemed necessary in order to complete the
works.

4.8 SOCIAL IMPACT CONSULTANT

Scope of Services
i. To coordinate with Principal Consultant and other relevant parties for the purpose
of developing the design from concept, schematic to detailed design for the project
components inclusive of all development components.

Page 22 of 25
ATTACHMENT B OF SECTION 3

ii. To collect the necessary physical data and design parameters through field
surveys, studies, meetings, etc.
iii. To review of the feasibility study and masterplan prepared by feasibility study
consultant for the preparation of detailed layout plan.
iv. To ensure latest guidelines, requirements and regulations from relevant authorities
is being thoroughly reviewed, optimally incorporated, and complied.
v. To liaise with PLANMalaysia and establish the requirements for the project.
vi. To carry out data gathering and site analysis.
vii. To prepare Social Impact Assessment (SIA) Report and obtain necessary
approval from the authority.
viii. Carry out the necessary studies and prepare the relevant reports/drawings etc. as
required for the purpose of timely submission to PLANMalaysia.
ix. To identify all the potential impacts arising during the pre-construction,
construction and post construction.
x. Any other scope of services that are deemed necessary in order to complete the
works.

Deliverables
i. Social Impact Assessment Report (SIA).
ii. Social Impact Management Plan.
iii. Any other deliverable(s) that are deemed necessary in order to complete the
works.

4.9 QUANTITY SURVEYOR

Scope of Services
i. To prepare and submit preliminary estimate of the development cost.
ii. To prepare and submit detailed development cost based on detailed design. The
costing shall include buildings, external works, utilities, authority cost, consultancy
cost and any related costs.
iii. To undertake value engineering exercises in evaluating design options. Address
the client on any financial impact due to the changes made during the design
development.
iv. To prepare and collate tender document information including Bills of Quantities,
Drawings and Specifications.
v. To prepare PDA, PTE, ATDA and ACDA for review and approval by Client’s
Representative
vi. To participate in tendering processes, inclusive of tender evaluation and
recommending the appointment of contractor.
vii. To advise on contract administration.
viii. To perform cost monitoring and prepare Cost reports on a monthly basis.
ix. To attend site meetings and client/consultants meeting.
x. To prepare and submit the Contract Document.
xi. To prepare monthly valuation for progress payments.
xii. To provide information and preparation of Employer’s Instructions and Variation
Orders.
xiii. To prepare Final Accounts for final contract settlement.
xiv. Any other scope of services that are deemed necessary in order to complete the
scope of work.

Deliverables
i. Cost estimates for the proposed development at any design stage until
construction completion (PDA, PTE, ATDA and ACDA).
ii. Detailed cost plan and cash flow projection.
Page 23 of 25
ATTACHMENT B OF SECTION 3

iii. Tender document including Bills of Quantities, Drawings and Specifications.


iv. Interim Progress Payments and Final Account Reports.
v. Progress payment to contractor.
vi. Monthly Cost Report and Cost Analysis.
vii. Documentation pertaining to Employer’s Instructions (EI) and Variation Order
(VO).
viii. Approved Final Account.
ix. Any other deliverable(s) that are deemed necessary in order to complete the
works.

4.10 LAND SURVEYOR WITH UTILITY MAPPING (PROVISIONAL SUM)

Scope of Services:

i. To advise on the survey processes and act as the focal point on survey
matters.
ii. To carry out additional site survey as necessary to prepare the detailed
designs
iii. To carry out the preparation and submission of documents and pre-
computation plan for the land development.
iv. To carry out the preparation and submission of the documents and plans
for the Qualified Title.
v. To carry out the application for title lot number with Jabatan Ukur and
Pemetaan Malaysia (JUPEM).
vi. To perform physical survey works for plan survey and marking as part of
the title survey.
vii. To carry out the preparation and submission of the documents and plans
for the Certified Plan with JUPEM.
viii. To carry out the preparation and submission of application for issuance of
Final Title.
ix. To monitor and report on the work progress up to the issuance of Final
Title.
x. To verify existing survey information, if any such as Original Ground Level
(OGL) and plans by verifying their accuracy and correctness for
earthworks and design use.
xi. To monitor and report on progress of the preparation and submission of
documents and plans for the land development (pre-computation plans)
and subdivision processes.
xii. To provide any setting out required for design and construction works
such as Soil Investigation, Site Planning, Logistic and other survey work
as required by the Consultant.
xiii. To verify Contractor’s survey setting out and periodic audit during
construction.
xiv. To perform QA/QC surveys on Contractors works as deemed appropriate
by Consultant for verification of the position and height of set out or
completed works or confirmation of Quantities for Progress Payment.
xv. As Constructed Works (if any), to verify completed works such as “as built”
whether for verification purposes, solution of the problems and permanent
record.
xvi. Any other scope of services that are deemed necessary in order to
complete the works.

Page 24 of 25
ATTACHMENT B OF SECTION 3

Deliverables:

i. Survey Report.
ii. Survey Drawings (Boundary, Topography etc).
iii. Pre-Computation Plans.
iv. Validation of Contractor’s Survey & Setting-Out Report.
v. Preparation and submission of Pre-Computation Plan to Local Authority
vi. Preparation and submission of Qualified Title
vii. Application of lot number with JUPEM
viii. Preparation and submission of Certified Plan to JUPEM
ix. Application of Issuance for Final Title
x. Any other deliverable(s) that are deemed necessary in order to complete
the works.

4.11 SOIL INVESTIGATION WORKS (PROVISIONAL SUM)

Scope of Services
i. To carry out Soil Investigation works and relevant testing in accordance to the
specification spelled out by the Consultant Engineer.
ii. To obtain soil samples and rock core samples for the purposes of laboratory tests
as spelled out by the Consultant Engineer.
iii. To obtain ground water samples and to record ground water level as spelled out
by the Consultant Engineer.
iv. To submit the engineering borehole logs and recorded in accordance to the
specification.
v. To carry out laboratory testing as required and accordance to the specification.
vi. To prepare and submit the Soil Investigation Report and Soil Investigation
Interpretative Report and certified by a Professional Geotechnical Engineer.
vii. Any other scope of services that are deemed necessary in order to complete the
works.

Deliverables:
i. Soil Investigation Report.
ii. Soil Investigation Interpretative Report.
iii. Any other deliverable(s) that are deemed necessary in order to complete the
works.

Page 25 of 25
INVITATION TO BID (ITB)

ATTACHMENT C
Supplementary/Additional Services

TENDER NO. : NCIA/2021/011/0034


ATTACHMENT C OF SECTION 3

SUPPLEMENTARY/ADDITIONAL SERVICES

A. Supplementary/Additional Services

Supplementary/Additional Services are those services not included in the Services which shall
be provided by the Consultant if authorised in writing by the NCIA. The
Supplementary/Additional Services may include, but not limited to the following:-

(a) Provision of a contract specialist for arbitration and litigation.


(b) Legal advice from qualified lawyers
(c) Attendance at Arbitrations/Litigations
(d) Preparing to serve or serving as a witness in connection with any legal proceedings to
which the Consultant is not a party.
(e) Any other services the NCIA may require in writing.

B. Schedule of Rates for Professional/Executive Staff

In the event of the supplementary / additional services are required The Schedule of Rates for
the Staff shall be based on the table below. The Consultant is to provide the rates in the column
below.
All in Man Month
Designation
Rate (RM)
PRINCIPAL CONSULTANT
1) Project Director
2) Project Manager/Team Leader
3) Senior Engineer/Engineer

SUPPORTING CONSULTANTS
1) Town Planner
2) Architect
3) Mechanical & Electrical Engineer
4) Landscape Architect
5) Traffic Consultant
6) Road Safety Auditor
7) Environmental Consultant
8) Social Impact Consultant
9) Quantity Surveyor

Note 1: The Client’s written approval shall be obtained prior to engaging any of the
abovementioned staff

2: The calculation for hourly rate for the above staff shall be as follows:-
(Man Month Rate)/(26 days per month)/(8 hours)

Consultant’s Signature and Stamp:______________________

Date:______________________

DESIGN/00(May2010) Page 1 of 1
INVITATION TO BID (ITB)

ATTACHMENT D
Reimbursable Expenses

TENDER NO. : NCIA/2021/011/0034


ATTACHMENT D

REIMBURSABLE EXPENSES

1.0 General

1.1 The Consultant is to take note that the Consultancy Fee stated in Attachment G shall
include ALL out-of-pocket expenses related to the performance of the Scope of
Works/Services which shall include but not limited to all travelling required to carry out
the scope of Works/Services, accommodation, printing of reports, drawings, office
administrative expenses, telephone and fax charges, purchasing of maps, etc.

1.2 The reimbursable expenses described hereinafter is for other than ALL out-of-pocket
expenses as described above. NCIA will pay for pre-approved exceptional travel,
printing reproductions and other reimbursable expenses at the rates described
hereinafter. What constitutes pre-approved exceptional travel, printing, reproductions
and other expenses shall be determined at the sole discretion of NCIA. For pre-
approved exceptional travels outside of Malaysia, NCIA shall reimburse the
Consultant’s claims incurred during such travels. The foreign exchange rates to Ringgit
Malaysia shall be based on the mid-day rates quoted by Bank Negara Malaysia for the
days within the Consultant’s travelling period.

1.3 Notwithstanding Item 1.2 above, the following items shall be claimable by the
Consultant:-

1.3.1 Fees, contribution, deposit and/or charges paid to the relevant Authorities
(excluding entertainment etc.) having jurisdiction over the Project.

1.3.2 Expenses for the presentation materials or models where it is not considered
as “in-progress” material under the scope of Works/Services

1.3.3 Printing, reproducing all documents, reports, drawings, maps, photograph and
other records (excluding “in-progress” element) with the exception of six (6) free
sets of such documents, reports, drawings and maps (coloured copies where
applicable) to be provided to the Client throughout the Services.

1.4 The reimbursable expenses have to be submitted to NCIA within fourteen (14) days of
the following month after such expenses has been incurred by the Consultant failing
which the claims will not be entertained by the NCIA.

1.5 Consultant has to submit all relevant documentation (original receipt, bills, etc.) and
uncompleted documentation will not be entertained.

1.6 For claims under Item 1.3.3 above, the rates stated in Table A – Printing Rates below
shall be applicable.

1.7 For travelling expenses for exceptional travel, the consultant is to comply to the
following:-

1.7.1 The Travelling Requisition Form (TRF) as attached must be submitted fourteen
(14) days prior to the commencement of travel and approved by NCIA. The TRF
must state the estimated cost of travel, accommodation, meals and other
expenses. To avoid delay in the approval process, TRF must be submitted via
email followed by courier or hand delivery to:

DESIGN/00(May2010) Page 1 of 8
ATTACHMENT D

Northern Corridor Implementation Authority,


No. 1114 Jalan Perindustrian Bukit Minyak 18,
Penang Science Park,
14100 Simpang Ampat,
Pulau Pinang.

For attention of: Head,


Project Delivery Division

1.7.2 Within fourteen (14) days of the following month after travel, the consultant
must submit a claim for the actual cost of travel, accommodation, meals and
out-of-pocket expenses supported by relevant documentation (original tickets,
receipts, bills, etc.) failing which the claims will not be entertained by NCIA.

1.7.3 The value and items entitled to be claimed shall strictly follow NCIA’s guidelines
as per Table B - Guidelines for other Reimbursable Expenses.

1.7.4 If the approved travelling is related to other project(s), the cost shall be shared
and apportioned accordingly.

DESIGN/00(May2010) Page 2 of 8
ATTACHMENT D

TABLE A – PRINTING RATES

The rates for all printing and publishing materials are as follows:

1 XEROX PLAN PRINTING


SIZE PAPER TRACING FILM
A0 (Odd size) 4.50 6.00 17.00
A0 4.00 5.00 15.00
A1 (Odd size) 2.50 4.50 8.00
A1 2.00 3.50 7.00
A2 1.00 2.00 4.00
A3 0.30 1.00 2.00
A4 0.10 N/A N/A
B5 0.08 N/A N/A

2 AMMONIA PRINTING
SIZE AMMONIA INTER. LINEN
A0 (Odd size) 1.50 20.00 21.00
A0 1.40 16.00 15.00
A1 (Odd size) 0.80 8.00 10.00
A1 0.70 7.00 9.00
A2 0.40 4.00 5.00
A3 0.20 N/A N/A

3 REDUCTION
SIZE PAPER TRACING FILM
A0 to A1 10.50 18.00 22.00
A0 to A2 9.00 14.00 20.00
A0 to A3 6.00 15.00 23.00
A0 to A4 6.00 15.00 25.00
A1 to A2 4.00 10.00 16.00
A1 to A3 3.00 4.50 9.00
A1 to A4 2.50 6.00 10.00
A2 to A3 2.50 7.00 9.00
A2 to A4 2.00 5.00 6.00
A3 to A4 0.30 2.00 3.00

4 ENLARGEMENT
SIZE PAPER TRACING FILM
A4 to A2 6.00 8.00 10.00
A4 to A1 8.00 10.00 12.00
A4 to A0 12.00 14.00 16.00
A3 to A0 12.00 14.00 16.00
A3 to A1 4.50 5.50 14.00
A3 to A2 5.00 8.00 10.00
A2 to A0 11.00 14.00 16.00
A2 to A1 4.00 10.00 13.00
A2 to A0 10.00 14.00 16.00

DESIGN/00(May2010) Page 3 of 8
ATTACHMENT D

5 SIZE PRICE
A1 150.00
COLOUR PHOTOCOPY A2 90.00
A3 10.00
A4 6.00

6 SIZE PRICE
A0 15.00
AUTOCAD PLOTTING A1 8.00
A2 7.00
A3 5.00
A4 3.00

7 SIZE PRICE
A4 6.00
COLOUR LASER COPY A3 10.00
Reduction & Enlargement A4 to A3 11.00
A3 to A4 7.00

8 SIZE PRICE
A0 N/A
LAMINATING A1 25.00
A2 14.00
A3 5.00
A4 3.00

9 BINDING Thickness PRICE


Handcover Bind C/W A4 (O” – 1”) 25.00
Acrolin paper & Printed-Hot 10.00
Stamping A4 200.00
• Add per inch A4 20.00
• Block making A4 0.40
• Ad. Per sub-title
• Plan Folding

10 BINDING Thickness PRICE


Softcover with cover setting A4 (2” & Below) 5.00
• Add per inch 3.00

11 BINDING
Japanese Style without A0 and A1 35.00
cover setting A2 and smaller 25.00

12 BINDING Thickness
Tape Binding
• Per Book 2” and below 2.50
• Add Per Inch 1.00

DESIGN/00(May2010) Page 4 of 8
ATTACHMENT D

13 BINDING Thickness
Velobind with Transparency Up to 1” 4.50
Up to 2” 9.00
Up to 3” & Above 11.50

14 BINDING Thickness PRICE


9mm & below 3.00
Comb binding with transparency 9mm - 20mm 4.00
20mm – 30mm 5.00
30mm – 40mm 6.00
40mm – 50mm 8.00
50mm & above 10.00

15 BINDING
Cover setting and Laser printing Master copy 3.50
Laser print/cover 1.00

16 BINDING
Separator for Binding Colour paper 0.20
Tab divider 0.50

17 MYLAR REPRODUCTIONS Size PRICE


A0 25.00
A1 15.00
A2 10.00
A3 8.00

18 LINEN REPRODUCTIONS Size PRICE


A0 25.00
A1 15.00
A2 10.00
A3 8.00

19 COMPACT DISK Size PRICE/PC


CD/CDR 4.00
CDRW 8.00

DESIGN/00(May2010) Page 5 of 8
ATTACHMENT D

TABLE B - GUIDELINES FOR OTHER REIMBURSABLE EXPENSES

RATES
CONSULTANTS

TRAVELS WITHIN MALAYSIA


With receipt/Without receipt: max. daily RM60.00

TRAVELS OUTSIDE MALAYSIA – JAPAN / EUROPE / USA /


AUSTRALIA / NEW ZEALAND
Meals / Max. claim is USD50.00 per day (must be receipted)
Refreshments
TRAVELS OUTSIDE MALAYSIA – ASIA
Max. claim is USD25.00 per day (must be receipted)

Note: Consumption of alcoholic drinks, cigarettes and other forms of


entertainment including tips will not be reimbursed.

TRAVELS WITHIN MALAYSIA


Entitled to a Single standard room at approved local hotels – RM220/
room including SST

Hotel TRAVELS OUTSIDE MALAYSIA : ASIA/JAPAN/EUROPE/USA


Accommodation Entitled to a Single standard room at the approved hotels

TRAVELS OUTSIDE MALAYSIA : UNITED KINGDOM


Entitled to a Single standard room at the approved hotels

Travel by own vehicle:


For travelling from KL / Selangor, mileage claimable at following rate
and toll charges claimable upon presentation of receipt.

KM Rate per KM (Sen)


Mileage and toll Professional Non- Others
charges for
Professional
local travelling
0-500 70 60 50
501-1000 65 55 45
1001-1700 55 50 40
> 1700 50 45 35

AIR TRAVELS WITHIN MALAYSIA AND OVERSEAS


Air travel by Economy Class with Malaysian Airlines using the most
direct route unless there is no such service to the destination.
Air Travels
Principal/Director – Case by case basis.
Cost of transportation to / from airports claimable upon presentation of
receipt using standard transportation.

Ground Taxis are to be used for travels within the city and transfers between
Transportation hotel and airport. Taxi charges claimable upon presentation of receipt.
Claims incurred for travels by limousine will not be entertained.

DESIGN/00(May2010) Page 6 of 8
ATTACHMENT D

The amount to be reimbursed shall be based on the prevailing exchange rates where
applicable. We confirm that we fully comply with all the provisions of this Attachment D of
Section 3 – Reimbursable Expenses.

........................................... ......................................................
Signature of Consultant Witness to Signature of Consultant
Full Name: Full Name:
NRIC: NRIC:
Designation: Date:
Name of Company (Stamp):
Address:
Date:

DESIGN/00(May2010) Page 7 of 8
ATTACHMENT D

NORTHERN CORRIDOR IMPLEMENTATION AUTHORITY (NCIA)


TRAVELING REQUISITION FORM (TRF)
(SAMPLE)
(CONSULTANT)

NAME OF APPLICANT :

NAME OF COMPANY :

DESIGNATION :

REASON FOR TRAVEL :

ITINERARY OF TRAVEL

Date : From : To :

Date : From : To :

Duration of Stay :

ESTIMATED COST (for 1 person and please state currency)

Travel :

Accommodation :

Meals :

Misc. :

Total :

Applicant’s Details APPROVED / DISAPPROVED

__________________ ________________________

Name & Signature Head,


Project Delivery Division,
NCIA

Date: Date:

DESIGN/00(May2010) Page 8 of 8
INVITATION TO BID (ITB)

ATTACHMENT E
Fee Payment Schedule

TENDER NO. : NCIA/2021/011/0034


ATTACHMENT E

FEE PAYMENT SCHEDULE

The Payment Schedule for the Principal Consultancy Services shall be as follows:-

No. Description Payment Schedule Cumulative

1. Upon Award 2.5% of Consultancy Fee 2.5%

2. Upon Approval of Inception Report 5.0% of Consultancy Fee 7.5%

Upon Approval of Schematic Design by


3. 10.0% of Consultancy Fee 17.5%
Client

Upon Approval of Detailed Design by


4. 25.0% of Consultancy Fee 42.5%
Client

Upon Approval of Detailed Design by


5. 5.0% of Consultancy Fee 47.5%
Relevant Authorities

6. Upon Completion of Tender Document 5.0% of Consultancy Fee 52.5%

7. Upon Award of Construction Work 5.0% of Consultancy Fee 57.5%

Upon Completion of Endorsed and


8. 2.5% of Consultancy Fee 60.0%
Stamped of Contract Documents
Progress Payment During Construction
9. Period until Issuance of CPC or CF/CCC 35.0% of Consultancy Fee 95.0%
whichever is later
Upon Issuance of Certificate of Making
10. 2.5% of Consultancy Fee 97.5%
Good Defects (CMGD)

Upon Issuance of Final Certificate or


11. 2.5% of Consultancy Fee 100.0%
Final Account whichever is later

Notes: 1. Terms of payment shall be as per Article 6.0 of the Terms and Conditions of
Agreement, the period of which shall be calculated from the date invoice properly
rendered, duly endorsed and verified by Client’s Representative.
2. The payment shall be made by NCIA only upon satisfactory and prompt completion of
each phase mentioned above.

DESIGN/00(May2010) Page 1 of 1
INVITATION TO BID (ITB)

ATTACHMENT F
List of Key Personnel of Principal
Consultant & Supporting
Consultants

TENDER NO. : NCIA/2021/011/0034


ATTACHMENT F OF SECTION 3

LIST OF KEY PERSONNEL OF PRINCIPAL AND SUPPORTING CONSULTANTS

COMPANY’S NAME KEY PERSONNEL


Principal Consultant
1. 1.
(Civil & Structural)
(Company Name) (Project Director)
2.
(Project Manager)
3.
(Senior C&S Engineer/Engineer)
4.

5.
6.
7.

2. Town Planner 1.
(Company Name) (Team Leader)

2.

3.

3. Architect 1.
(Company Name) (Team Leader)

2.

3.

4. Mechanical & Electrical Engineer 1.


(Company Name) (Team Leader)

2.

3.

5. Landscape Architect 1.
(Company Name) (Team Leader)

2.

3.

DESIGN/00(May2010) Page 1 of 2
ATTACHMENT F OF SECTION 3

COMPANY’S NAME KEY PERSONNEL

6. Traffic Consultant 1.
(Company Name) (Team Leader)
2.
3.

7. Road Safety Auditor 1.


(Company Name) (Team Leader)

2.

3.

8. Environmental Consultant 1.
(Company Name) (Team Leader)

2.

3.

9. Social Impact Consultant 1.


(Company Name) (Team Leader)

2.

3.

10. Quantity Surveyor 1.


(Company Name) (Team Leader)

2.

3.

NCIA shall be notified for any changes in personnel assigned above for this Project. Any
changes on the approved personnel shall have prior consent from NCIA.

Consultant(s)’ Signature and Stamp: ____________________

Date: ____________________

DESIGN/00(May2010) Page 2 of 2
INVITATION TO BID (ITB)

ATTACHMENT G
Consultancy Fee

TENDER NO. : NCIA/2021/011/0034


ATTACHMENT G OF SECTION 3

CONSULTANCY FEE

1.0 FORM OF TENDER FOR FEE PROPOSAL

THE APPOINTMENT OF A PRINCIPAL CONSULTANT TO CARRY OUT DETAILED DESIGN


AND SUPERVISION FOR THE DEVELOPMENT OF SLAM HUB EXTERNAL
INFRASTRUCTURE FOR ROAD CONNECTIVITY AT SIDAM KIRI, KEDAH DARUL AMAN
FOR THE NORTHERN CORRIDOR IMPLEMENTATION AUTHORITY (NCIA)
(TENDER NO.: NCIA/2021/011/0034)

In accordance with the Invitation to Bid (ITB) Document and its enclosures thereof.
I. Under and subject to the General Instruction of ITB Document, the undersigned does hereby
tender and offer to execute and perform and complete Principal Consultancy Services of the
project named, shown, described, alluded to, or to be inferred from the Terms and Conditions
of Agreement, and in conformity to Project Brief, Scope of Services, Project Schedule and Fee
Payment Schedule, Supplementary/Additional Services Rates, Reimbursable Expenses, etc. of
the ITB Document or Addenda (if any) prepared for the Services described for the fee shown
hereunder.
II. The undersigned agrees to tender and offer the Services based on the fee as follows:-

Total Consolidated Final Construction Cost Percentage Fee Quoted (%)

(i) RM400 Million and Below …………………… (%)

(ii) Above RM400 Million …………………… (%)

Notes:
1. The above summary must be as per breakdown as per Appendix 2 of Section 1.
2. Consultancy Fee shall be fixed percentage (%) of the total construction cost derived from
the above range of fees. However, the Consultancy Fee applicable to the Principal
Consultant shall only be determined upon the finalization of the total construction cost which
includes the following sources with precedence in the order listed:-
(i) The actual Contract(s) price which may be revised only by variation orders which involve
the Services of the Principal Consultant or Supporting Consultant(s) issued from time
to time but exclude variation orders arising from design fault or negligence on the part
of the Principal Consultant or supporting Consultant(s).
(ii) Lowest of all acceptable bona fide Contractor(s)’s tender received by the Client less
contingency sum, and prime cost and provisional sums.
For avoidance of doubt the term ‘Consolidated Final Construction Cost’ referred to herein
shall mean the total cost of work derived from one or more packages for which related
Consultancy Services are rendered.
3. Interim payments prior to award of construction contract shall be based on NCIA’s estimated
construction cost for a particular package of construction that is intended to be award
4. The Principal Consultant shall only proceed with the next stage of the Consultancy Services
upon written instruction from NCIA. The Consultant shall not be entitled to claim for the
Consultancy Services Fees for the stages of Consultancy Services not carried out.
5. The payment shall be made as per the Payment Schedule in Attachment E of Section 3.
6. The above Consultancy Fee shall exclude Sales and Services Tax pursuant to Service Tax
Act (Act 2014).

DESIGN/00(May2010) Page 1 of 3
ATTACHMENT G OF SECTION 3

III. Provisional Sum


Allow for Provisional Sum of RM 2,500,000.00 (Ringgit Malaysia: Two Million and Five
Hundred Thousand Only) for Land Surveyor inclusive of Utility Mapping and preparation
of land acquisition for Section 4 and Section 8 works, Soil Investigation works and any other
works to be spent as a whole or in part as directed by NCIA.

(the remainder of this page is intentionally left blank)

7DESIGN/00(May2010) Page 2 of 3
ATTACHMENT G OF SECTION 3

2.0 SUPERVISION FEE

The Site Supervision Fee, shall be for a period during the construction of the Project and shall
be based on the actual staff salary (as per pay slip), guided by the Ministry of Finance Malaysia’s
“Pindaan Skala Gaji Perunding di dalam Manual Perolehan Perkhidmatan Perunding Edisi 2011
(Pindaan Kedua)”, multiplied with a Multiplier Factor as stipulated as per table below.

Multiplier (bidder to fill-up


Designation / Position
proposed multiplier)
1. Resident Engineer / Resident Architect
2. Assistant Resident Engineer/Architect
3. Assistant Resident QS
4. Inspector of Works
5. Technical Assistant
6. Technician
7. Draughtsman
8. Clerk
9. Others (Please specify)

Note:

1. The Client’s prior written approval shall be obtained prior to engaging any of the above
mentioned staff.
2. The above multiplier factor shall be inclusive of all allowances and benefits.
3. The working hours for the Site Staff shall be between 8.00 a.m. to 5.00 p.m. Monday to
Friday and 8.00 a.m. to 1.00 p.m. on Saturday.
4. All Site staffs are required to comply with the use of time recorder to be supplied by the
Principal Consultant for the purpose of recording attendance.
5. All leave applications must be submitted to the Client’s Representative for approval prior to
taking leave.
6. Overtime payment for Site Staff shall be made by the construction contractors to the
Principal Consultant. Direct payment from construction contractors to the Site Staff is strictly
prohibited. Overtime services shall be carried out only upon receipt of written request by the
construction contractors.
7. This Site Supervision Fee shall exclude the amount payable as Sales and Service Tax
equivalent to 6% of the Site Supervision Fee which sum, where applicable, shall be borne
by NCIA.

...................................................... .......................................................
Signature of Consultant Witness to Signature of Consultant
Full Name: Full Name:
NRIC: NRIC:
Designation: Date:
Name of Company (Stamp):
Address:
Date:

7DESIGN/00(May2010) Page 3 of 3
INVITATION TO BID (ITB)

ATTACHMENT H
Site Plan

TENDER NO. : NCIA/2021/011/0034


THE APPOINTMENT OF A PRINCIPAL CONSULTANT TO CARRY OUT DETAILED DESIGN AND SUPERVISION FOR THE
DEVELOPMENT OF SLAM HUB EXTERNAL INFRASTRUCTURE FOR ROAD CONNECTIVITY AT SIDAM KIRI, KEDAH DARUL
AMAN FOR THE NORTHERN CORRIDOR IMPLEMENTATION AUTHORITY (NCIA) (TENDER NO.: NCIA/2021/011/0034)

LOCATION PLAN

Scope of Work
THE APPOINTMENT OF A PRINCIPAL CONSULTANT TO CARRY OUT DETAILED DESIGN AND SUPERVISION FOR THE
DEVELOPMENT OF SLAM HUB EXTERNAL INFRASTRUCTURE FOR ROAD CONNECTIVITY AT SIDAM KIRI, KEDAH DARUL
AMAN FOR THE NORTHERN CORRIDOR IMPLEMENTATION AUTHORITY (NCIA) (TENDER NO.: NCIA/2021/011/0034)

LOCATION OF INTERCHANGE
INVITATION TO BID (ITB)

ATTACHMENT I
Confidentiality Undertaking by
Supporting Consultants

TENDER NO. : NCIA/2021/011/0034


PRINCIPAL CONSULTANCY SERVICES (CONSTRUCTION)

ATTACHMENT I
Confidentiality Undertaking by Supporting Consultants
[to be printed on the Supporting Consultant’s letterhead]

Ref:
Date:

Northern Corridor Implementation Authority


No. 1114 Jalan Perindustrian Bukit Minyak 18,
Penang Science Park,
14100 Simpang Ampat,
Pulau Pinang

Attn: Chief Executive

Dear Sir,

[TO INSERT THE NAME OF THE PROJECT] ( “Project”)

Letter of Undertaking: Non-disclosure of confidential information under the


Consultancy Agreement

Reference is made to our appointment as the supporting consultant by [name of Principal


Consultant] (“Agreement”) for the [Supporting Consultant’s service] (“Services”) for the
Project.

We hereby declare and undertake that any and all information emanating from the Project in
any form and from any dealing or any information obtained pursuant to and as a consequence
of any inspection, review or perusal of any documents or pertaining to any negotiations or
discussions or any other arrangements in relation to the Project shall be treated as
“Confidential Information” and shall belong exclusively to NCIA and that we will be subjected
to the following obligations: -

i. To restrict disclosure of the Confidential Information solely to the our employees,


advisors and key persons (hereinafter referred to as “Key Personnel”) who have
specific need to know or have access of such information and material for the
purpose of preparing or performing their obligations in relation to the Project. Prior
to such disclosure, each of the Key Personnel will be bound by the confidentiality
obligations contained herein by signing the individual confidentiality undertaking
enclosed in the Annexure 1, which shall be effective beyond the term of the Key
Personnel’s employment relationship with us or until such confidential information
has entered into public domain other than by the breach of this undertaking. This
applies to all Key Personnel irrespective of the legal nature of their employment or
mandate. This provision also applies to advisors who are active in the course of
the Project for us and are not bound by professional secrecy obligations. We shall
also be liable for breaches of the personal undertaking by the Key Personnel.

ii. To inform and make aware the terms and conditions set herein to all of our Key
Personnel that has the specific need to know and have access to the Confidential
Information.

iii. We shall not disclose the Confidential Information to any unauthorized third parties,
and further shall take all reasonable and diligent steps in the course of work for the
Project to ensure that the Confidential Information is not intentionally or otherwise

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PRINCIPAL CONSULTANCY SERVICES (CONSTRUCTION)

disclosed to such unauthorized third parties. We shall not circulate, use, sell, deal
in or otherwise appropriate the Confidential Information in any way whatsoever
including and without limitation through adaptation, redesign or modification of the
Confidential Information through or any type of media.

iv. We shall not use the Confidential Information for our own or third parties’ purposes
other than for the purposes of the Project. For the avoidance of doubt, we
undertake not to use the Confidential Information for further research, technical
analysis and/or to exploit for the purpose of any commercial gains in any manner
whatsoever.

v. We shall keep proper records of all information transmitted or furnished to us by


any parties pertaining to the Project , and the same and/or copies reproduced in
any form thereof shall be returned or otherwise disposed of by us in the mode and
manner desired by NCIA if requested by NCIA to do so, and shall provide NCIA a
certification by our senior management personnel certifying such disposal and we
shall not at any time reproduce copies of the Confidential Information without
NCIA’s prior express written consent which shall apply for the instance specified
therein.

vi. To ensure that none of our Key Personnel does any act, matter or thing which, if
done by us would constitute a breach of obligations under this letter of undertaking.

vii. Such obligation of non-disclosure and confidentiality shall not apply to any of such
information and/or detail that is:-

a. known to us without breach of any confidentiality undertaking before


being obtained or derived in the course of the Project;

b. available to the public from sources at any time before and after it is obtained
or derived in the course of the Project; or

c. obtained or acquired at any time by us from a third party who has the same in
good faith and without breach of any confidentiality undertaking and is legally
permitted to pass it to us.

In the event of any inconsistency between the terms of this letter of undertaking and the
Agreement, the terms of this letter of undertaking shall prevail.

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PRINCIPAL CONSULTANCY SERVICES (CONSTRUCTION)

This letter of undertaking is sent to you in duplicate. Please indicate your acknowledgment
and agreement to the foregoing by signing where indicated on the next page. Please retain a
copy and return to us the original duly signed and witnessed within seven (7) days from the
date of this letter.

Thank you.

Yours faithfully,

To be signed by an authorized representative of the Supporting Consultant


[To insert the name of the signatory of the Supporting Consultant]

[END OF ATTACHMENT I]

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PRINCIPAL CONSULTANCY SERVICES (CONSTRUCTION)

Annexure 1 to Attachment I
Individual Confidentiality Undertaking (Key Personnel)

*to be signed by Supporting Consultant’s Personnel having access to the Confidential


Information

To : Northern Corridor Implementation Authority,


No. 1114 Jalan Perindustrian Bukit Minyak 18,
Penang Science Park,
14100 Simpang Ampat,
Pulau Pinang

Name of Project : ____________________ (“Project”)

1. I have been informed that information, documents or other articles in whatever form
(hereinafter referred to as “Confidential Information”) provided by NCIA, (name of
Principal Consultant of the Project) and other Supporting Consultants for the Project,
which are confidential and belong exclusively to NCIA will or have come into my
possession as a result of my employment as a ___________________* of (name of
Employer) on terms requiring it to be held in confidence.

2. I understand that, knowing the Confidential Information is so protected against


disclosure, I hereby undertake to keep the same in confidence and will not disclose
nor reproduce copies without NCIA’s prior express written consent the Confidential
Information.

Signed : ______________________________________________________
Name : ______________________________________________________
Date : ______________________________________________________
NRIC : ______________________________________________________
Designation : ______________________________________________________
Employer : ______________________________________________________

3.Further Declaration
In the event my employment with (name of Employer) ends due to whatever reason, I
understand the above declaration continues to apply.

Signed : ______________________________________________________
Name : ______________________________________________________
Date : ______________________________________________________
NRIC : ______________________________________________________

[END OF ANNEXURE 1]

Principal Consultancy Services (Construction) Version 5.7 |14.12.2015


INVITATION TO BID (ITB)

ATTACHMENT J
Individual Confidentiality
Undertaking (Personnel)

TENDER NO. : NCIA/2021/011/0034


PRINCIPAL CONSULTANCY SERVICES (CONSTRUCTION)

Attachment J

Individual Confidentiality Undertaking (Personnel)

*to be signed by Principal Consultant’s Personnel having access to the Confidential


Information

To : Northern Corridor Implementation Authority,


No. 1114 Jalan Perindustrian Bukit Minyak 18,
Penang Science Park,
14100 Simpang Ampat,
Pulau Pinang.

Name of Project : (“Project”)

1. I have been informed that information, documents or other articles in whatever form
(hereinafter referred to as “Confidential Information”) provided by NCIA, (name of
Principal Consultant of the Project) and other Supporting Consultants for the Project,
which are confidential and belong exclusively to NCIA will or have come into my
possession as a result of my employment as a * of (name of
Employer) on terms requiring it to be held in confidence.

2. I understand that, knowing the Confidential Information is so protected against


disclosure, I hereby undertake to keep the same in confidence and will not disclose
nor reproduce copies without NCIA’s prior express written consent the Confidential
Information.

Signed :
Name :
Date :
NRIC :
Designation :
Employer :

3. Further Declaration

In the event my employment with (name of Employer) ends due to whatever reason, I
understand the above declaration continues to apply.

Signed :
Name :
Date :
NRIC :

[END OF ATTACHMENT J]

Principal Consultancy Services (Construction) Version 5.7 |14.12.2015


INVITATION TO BID (ITB)

ATTACHMENT K
Scheduled Delivery Date

TENDER NO. : NCIA/2021/011/0034


Attachment K

Milestone Deliverables Scheduled Delivery Date

The Appointment of Principal Consultant to


Carry Out the Detailed Design and
Supervision for the Development of SLAM
Hub External Infrastructure for Road
Connectivity at Sidam Kiri, Kedah Darul
Aman for the Northern Corridor
Implementation Authority (NCIA).

1 Inception Report including TOR for To complete within 6 weeks


Provisional Sum items upon award.
To complete 12 weeks upon
2 Soil Investigation and Land Survey
award.
PULAU PINANG FOR THE NORTHERN To complete 16 weeks upon
3 Schematic
CORRIDORDesignIMPLEMENTATION award.
AUTHORITY (NCIA) To complete 32 weeks upon
4 Detailed Design
award.
To complete 40 weeks upon
5 Submission for relevant authorities approval
award.
To complete 40 weeks upon
6 Tender documentation
award.

End of Attachment K

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