DEVELOPMENT OF OUTDOOR STAGE AT JURONG PARTICULAR CONDITIONS

LAKE GARDENS OF CONTRACT

Tender Reference: NPARKS/N/8/2021

NATIONAL PARKS BOARD

PARTICULAR CONDITIONS OF CONTRACT

(FOR CONSTRUCTION WORKS)

1. Amendment of clause 1.1

2.1 Insert immediately following Clause 1.1(ag):

(ah) “Required Works” means the compulsory Works forming part of the Contract as
set out in the Appendix to the PSSCOC which the Contractor is required to
provide under the Contract, and shall include both Temporary Works and
Permanent Works.

(ai) “Optional Works” means the additional Works forming part of the Contract as
set out in the Appendix to the PSSCOC which the Contractor is required to
provide should the Employer exercise the said option in its sole discretion (in
accordance with clause 9.5 herein), whether exercised in whole or in parts, at
such times during the Contract and in different phases as may be directed by
the Employer, and shall include both Temporary Works and Permanent Works.

2.2 Delete Clause 1.1(e) and replace with the following clause:

(e) “Contract Sum” means the lump sum set out in the Letter of Acceptance and
shall be fixed subject only to adjustments expressly provided for in the
Conditions. To avoid doubt, “Contract Sum” shall mean the lump sum for the
Required Works. If the Optional Works are required by the Employer, the
Contract Sum shall be increased accordingly to take into account the sum
required for the Optional Works (to the extent as is required by the Employer).

2.3 Delete Clause 1.1(ag) and replace with the following clause:

(ag) “Works” means the Temporary Works and the Permanent Works that form the
Required Works and, if the option is so exercised by the Employer, shall also
be deemed to include the Optional Works (to the extent that the option is
exercised by the Employer). To avoid doubt, Works shall mean all the incidental
components and expenditures necessary for the complete execution of the
Works and for the proper operation of the erection/installation, whether or not
these components and expenditures are mentioned in detail in the Contract

2. Deletion and replacement of Clause 4.5(3)

Delete Clause 4.5(3) and replace with the following new clause:

4.5 Security Deposit

(3) The term “Security Deposit” shall hereafter refer to:

(i) the cash deposited under Clause 4.5(1); or

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(i) the cash proceeds of any or all demands on the guarantee

provided pursuant to Clause 4.5(2).

The Employer may utilise the Security Deposit to make good any loss or
damage sustained or likely to be sustained as a result of any breach of
contract whatsoever by the Contractor, including any liquidated
damages. If the amount of the Security Deposit utilised by the Employer
to make good any such loss or damage is found to be greater than the
amount of loss or damage actually sustained by the Employer, then the
Employer shall pay the balance of the amount utilised by the Employer
without the addition of interest to the Contractor or to the bank or insurer,
as the case may be, upon issue of the Final Completion Certificate.
Where the Security Deposit is made in cash, the Employer shall pay to
the Contractor the unutilised amount without interest upon the issue of
the Final Completion Certificate. Where the Security Deposit is in the
form of a guarantee which was delivered to the Employer pursuant to
Clause 4.5(2), the Contractor may make a request for the return of the
Security Deposit within ninety (90) days upon the issue of the Final
Completion Certificate. In the event that the Employer does not receive
such a request in writing, the Employer shall have the right to dispose of
the guarantee in any manner as it deems fit.

3. Addition of Clause 9.5

Insert immediately after Clause 9.4:

9.5 Phases or part of the Works

(1) The Employer shall have the option to instruct the Contractor to carry out
Optional Works (“the Option”) at any time, with the option to be exercised within
six (6) months from the commencement date of the contract.

(2) The Option shall be exercised at the sole discretion of the Employer.

(3) The Option may be exercised in whole or in parts. For the avoidance of doubt:
(i) the Employer may exercise the Option by making a one-time
purchase of the whole of the Optional Works, or by making a
one-time purchase of part of the Optional Works, or by making
various purchases of parts of the Optional Works during the
duration of the Contract;

(ii) the Employer retains the right to exercise the Option more than
once to purchase Optional Works which it has not already
purchased (either purchased by way of the Contract or the
exercise of the Option);

(iii) the Employer retains the right to exercise the Option at any time
during the duration of the Contract for any part of the Optional
Works that it may so require;

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(iv) the exercise of the Option for a part of the Optional Works shall
in no way be a bar or an impediment to the Employer to prevent
the Employer from the exercise of the Option for a different part
of the Optional Works;

(v) the exercise of the Option (whether in whole or in parts as set

out in clause 9.5(3)(i) above) by the Employer shall be deemed
a variation to the Contract for which, unless otherwise
specifically agreed between the Parties, the same terms and
conditions of this Contract will applied and the purchase of the
Optional Works (made through the exercise of the Option
whether in whole or in parts) shall be subject to the same terms
and conditions (inclusive of any amendments) and the Optional
Works purchased shall form part of the Works required under
this Contract; and

(vi) the Employer is under no obligation to exercise the Option

(whether as a whole or in parts) during the validity of the
Contract.

(4) If the option for Optional Works is so exercised by the Employer, the Employer
is to take note of the Schedule for the Completion of the Works as set out in the
Appendix. The Contractor is required to plan and co-ordinate his Works
accordingly to complete each phase of Works within the stipulated completion
time(s) or within any extended completion time(s).

4. Addition of Clause 16.1(3)

Insert the following clause after clause 16.1(2):

16.1 Payment by the Contractor

(3) In addition to the liquidated damages payable under Clause 16.1(1) above, the
Employer shall have the right, to deduct from any monies due or to become due
to the Contractor, including the Security Deposit (if any is required under this
Contract), or require the Contractor to pay a sum as liquidated damages
calculated at the rates set out in the Appendix for any event of default described
therein (if applicable), until the Works are performed or the Goods are delivered
in accordance with the Contract or otherwise agreed upon in writing between
the Parties to the satisfaction of the Employer.

5. Amendment of clause 37
Amendment of clauses 37.2(2):

37.2 Notices

(2) The Contractor shall give fourteen (14) days written notice to the
Superintending Officer before any change in the Service Address. Any
failure of the Contractor in updating the Service Address shall entitle

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the Employer to send certificates, notices or instruction (sent pursuant

to clause 37.2) to the address of the Contractor as registered with the
Accounting and Corporate Regulatory Authority.

6. Insertion of new clauses after clause 38

Insert the following new clauses after clause 38:

39. IMPOSITION OF ADMINISTRATIVE CHARGES AND DEMERIT POINTS

39.1 Administrative Charges

(1) Upon the occurrence of any one or more of the incidents set out in the
Specifications, the Employer shall be entitled to impose, and in which case the
Contractor agrees to pay without dispute or question, charges as set out in the
Appendix as administrative expenses incurred by the Employer.

39.2 Demerit Points System

(1) In addition to clause 39.1, the Employer shall implement a demerit points
system to safeguard the Contractor’s commitment to safety requirements set
out in the Contract.

(2) The Employer may impose demerit points as set out in the Appendix upon the
occurrence of any one or more of the incidents set out in the Specifications.

(3) The imposition of demerit points on the Contractor shall be only in relation to
the breaches of safety provisions by the Contractor under this Contract.

(4) The Contractor shall ensure that for every year of the Contract calculated from
the commencement of the Contract as stated in the Letter of Acceptance, the
demerit points imposed on the Contractor do not exceed the thresholds as
stated in the Appendix.

(5) The demerit points imposed on the Contractor shall reset to zero upon the
anniversary of the date of commencement of the Contract.

(6) The Contractor shall be deemed to have defaulted in the performance of the
Contract if the Contractor scores exceeds the thresholds stated in the Appendix.

(7) Upon the Contractor exceeding the said thresholds, the Contractor shall be
required to provide a full and detailed explanation to the Employer of the
reasons behind it exceeding the said thresholds. The Contractor’s key
personnel shall be required to attend meetings with the Employer and the
Superintending Officer.

(8) For the avoidance of doubt, the exercise of the Employer’s rights under Clause
39 above shall be without prejudice to any of the rights and remedies of the
Employer under this Contract or at law. This includes keeping a record of the
total administrative charges and demerit points imposed by the Employer on the
Contractor as a reference for future tender evaluations.

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40. WARRANTIES / GUARANTEES

(1) The Contractor shall obtain all warranties / guarantees specified in the
Specifications in the format as set out in Attachment I1 of the Instructions to
Tenderers or such other format as may be approved by the Superintending
Officer, covering the workmanship and materials for the periods agreed from
such Sub-Contractors, Suppliers and Approved Specialist Sub-Contractors as
directed by the Superintending Officer. The original warranty shall be forwarded
to the Superintending Officer within the time stated in the Contract.

(2) The warranties to be obtained shall be as set out in Attachment I2 of the

Instructions to Tenderers.

(3) Prior to the issue of the Final Completion Certificate, the Contractor shall submit
to the Superintending Officer all guarantees, warranties, test and performance
certificates etc. called for in the Contract and nominated sub-contract
documents including manufacturer’s operating manuals and instructions.

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