COMPANIES ACT 2016 (ACT 777) CERTIFICATE OF INCORPORATION OF PRIVATE COMPANY This is to centfy that MB MAJU CONSTRUCTION SDN. BHD. 201701031115 (1245285-U) is, on and from the 30 day of August 2017, incorporated under the Companies ‘Act 2016, and that the company is a company limited by shares and that the ‘company is a private company Dated at KUALA LUMPUR this 30® day of August 2017 DATUK NOR AZISHAH ABDUL AZIZ REGISTRAR OF COMPANIES. ‘MALAYSIA, My2201128951352 = [ely DATA LMENARA SSMQISENTRAL NOT JALAN STESEN SENTRAL 5 FUALA LUMPUR SENTRAL S3470 KUALA LUMPUR TEL 032795 4400 FAX 03-298. Ponting Date 12012022‘erising from any Although #11 efforts have been carried out to ensure that the informatics tnd op te date. the Sagsstrar of Companies will fet be liable for any loa ‘CORPORATE INFORMATION INE MAJU CONSTRUCTION SDN. BHD. Name Last Old Name il bate Of Change Nil 1201701031115 (1245265-0) Registration Incorporation Date 130-08-2017 Type LINITED BY SHARES PRIVATE LIMITED Status SEXISTING Registered Address HL11-7, MENARA SENTRAL VISTA 150, JALAN SULTAN ABDUL SAMAD BRICKFTELDS KUALA LUMPUR WILAYAH PERSEKUTUAN Postcode origin (0 97¢ (3RD FLOOR), BATU 3 JALAN KLANG LAMA KUALA LUMPUR WILAYAH PERSEKUTUAN Business Address Postcode 158000 Nature Of Business :GENERAL CONTRUCTION. [Ely DATA Scan to venty seria HECOSEC ‘ate wed Jl 13 1440342022 "his omy itnaton generates erm MYOATA SEM Servet a8 a 130772022 1440 34 Protng Date 130720221B MAIU CONSTRUCTION SDN. BHD. + 201702031225 (1245285-U) Name Registration No TOTAL ISSUED RH) 1,000, 000.0000 ORDINARY 250,000 750,000 PREFERENCE o ° oTaeRS ° ° wvzzorisairese FLY DATA Scania ety & me wrcoute bam dats abo ora ‘race atomsten cte vO1MB MAJU CONSTRUCTION SDN 201701031315 (124528! Name Registration No Name/Address M.VIKNESMARI A/P $.MUTHURAJA NO. 70, JALAN 6/5 KG. TASEK TAMBAHAN 68000 AMPANG ‘SELANGOR VIJAYENDRAN A/L ELLAPPAN 780702-10-5879 7-04-3 PANTAL BILL PARK PHASE 5, KG KERINCHI MALAYSIA 59200 KUALA LUMPUR WILAYAH PERSEXUTUAN RUBAB MAZUMDER 60198107 KA1-10-3A, KUCHAI AVENUE SERVICED APARTMENT JALAN KUCHAT MAJU, ENTREPRENEURS PARK MALAYSIA 58200 KUALA LUMPUR WILAYAH PERSEKUTUAN ALAMIN DR ABUL KALAM R0049667 3-13-10 JALAN PIS 9/1 PANGSAPURT LAGOON PERDANA BANDAR SUNWAY MALAYSTA 46150 PETALING JAYA SELANGOR LAYLA KANIZ 300081721 E-10-5, KONDOMINIUM SG. BEST 2, NO. 1 JALAN BEST KARI, MALAYSIA OFF LEBUHRAYA SG BEST, 57100 KUALA LUMPUR WILAYAH PERSEKUTUAN DEY DATA Date Wed 19 1440:6 2072 ‘i campy maior generate lem MYDATA SSM Serves Scan to verity is HeCOSEE BHD Designat. Appointren: SECRETARY 30-08-2017 DIRECTOR 18-02-2021 DIRECTOR 30-11-2021 oTRECTOR 02-03-2022 DIRECTOR 25-03-2022‘SHAREHOLDERS /MEMBERS Nane 1: MB MAIU CONSTRUCTION SDN. BHD. Registration No + 201701031115 (1245285-U) 1C/Passport/ Total of Registration No Name/Company Name share_ EA0049667 ALAMIN DR ABUL KALAM 300,000.00 780702-10-5879 VIJAYENDRAN A/L ELLAPPAN 700,000.00 Scan to very td bu eels necosec Date Wed it 3 144094 2022 ning Date 13072022 ‘i conoany oman erst om MYOATA SEM Gerdes ast 1317/2022 144036i COMPANY CHARGES Name £MB MAJU CONSTRUCTION SDN. BHD Registration No + 201702031115 (1245285-0) NO INFORMATION My2207192178570 faiy DATA ‘Scan to verity, sa. ere cose Dat ves 8 444 ining oe 192022 ‘cope omaten a gem nr WYOATA SM Svcs STE: 14034Name 1 NB MAJU CONSTRUCTION SDN, BHD. Registration No. + 201702031235 (1245285-U) HISHAMUDDIN & PARTNERS (AFO02097) auditor Auditor Address 111-9, MENARA SENTRAL VISTA 150, JALAN SULTAN ABDUL SAMAD BRICKFIELOS| 50470, KUALA LUMPUR WILAYAH PERSEKUTUAN Exempt Private Company N/A Financial Year End + 31-12-2020 Unqualified Reports (¥/N) y Consolidated Accounts (Y/N) EN Date of Tabling 1 17-05-2021 BALANCE SHEET ITEMS Non-Current Assets 2,530.00 Current Assers 1,190, 913.00 Non-Current Liabilities 0.00 Current Liabilities a 168, 683.00 Share Capital : 1,000, 000.00 Reserve 0:00 Retain Earning 24,760.00 0.00 Minority Interest INCOME STATEMENT ITEMS Revenue : 2,559, 530.00 Profit/(loss) before tax : 9,321.00 Profit/(loss) after tax 7, 328.00 Net dividend 0.00 0.00 Minority Interest ++ END OF REPORT This information are from the company's document registered as at 29-03-2022 Registrar of Companies Dated : 13-07-2022 This information is computer generated. No signature is required wezzonsaesr FLY DATA ‘Sean to verity ee Date Ved Jl 13 144034 2022 Prning One 19072022 ‘hs eanpanynfomatons goed form MYOATA SSM Sevces a at 10072022 1440 34CIDB PERAKUAN PENDAFTARAN ‘Adalah dengan ini diperakui bahawa kontraktor yang dinyatakan di bawah ini telah berdaftar dengan Lembaga mengikut Bahagian VI Akta Lembaga Pembangunan Industri Pembinean Malaysia 1994, Pendattaran ini adalah tertakluk kepada syarat-syarat yang telah ditetapkan bersama perakuan ini No. Pendaftaran 0120180612-wPo13234 Nama Kontraktor MB MAJU CONSTRUCTION SDN. BHD. ‘Alamat Berdaftar L9-1 MENARA SENTRAL VISTA 150, JALAN SULTAN ABDUL SAMAD_ BRICKFIELOS 50470 KUALA LUMPUR Daerah KUALA LUMPUR, Tarikh Mula Berdaftar 28/06/2018 GRED KATEGOR| — PENGKHUSUSAN os 8 B04 cs ce cea cd Me mis Tarikh Mula Berkuatkuasa (09/07/2020, Tarkh Habis Terpoh Perekuan 261062023, STATUS: AKTIF Ketua Eksekuti Lembaga Pembangunan Industri Pembinaan Malaysia Tarik: 09/07/2020JABATAN PELESENAN DAN PEMBANGUNAN PERNIAGAAN Dewan Banderaya Kuala Lumpur Fate Tingkat 4, 5 & 8, Menara DBKL 2, NE satan Raja Laut, 50350 Kuale Lumpur LESEN MB MAJU CONSTRUCTION SDN BHD. SSMNo. — 1245785U NO 97C, TINGKAT 3, No Feil DBKL.JPPP/01933/11/2018/PRO1 rs c Tarot LULUS (TETAP) BATU, JALAN KLANG LAMA, Eau TMLAYA LUMPUR, Tempah Sah 24/08/2022 hingga 23/04/2024 ERO "AMAUN (7) PPeDRGAT UEAN (ST) Tar ana] Tana 700 ou 7200 TRC BAVARANT 9 1 DATUK BANOAR KUALA LUMPUR BER) AK MENGENAAAN SYARAT-SYARAT ~ TAMBAHAN SEBAGAI LANGKAH KAWALAN PEKNIAGAAN DARI SEMASAKE StS Jenen SentaucncaMet tnowean ceaDasercen UNDANG UNDNNG ~—— BAN axTAVANG DIGUNAARAI DEN cnn IADRTPNIRCENS!UAR YANG (RRR Aigus on MD, so) Benwartan DENGAN ATI PERNAGAAN 2 MEWPERDAMARUILESEN SeTIAP TAMU! CD HAM SEZELUMTAMATLESEN engwah {falpantoris DATUR BANDAR KUALACUMTOR a edeuaraveienen 4 PERERUADI PREIS KENDAKLAH 50% WARGANEGARA AN 50% BUKAN Poe asroneganabenenn PenirT Kean vane Sa Coren ets aac b'p Datuk Bandar Kuala Lumpur SYARAT-SYARAT SEMENTARA, Dieotak Olsh: MAIZURAH BT MOHO NASIR. Muka Sorat 171 Tarlkh Cetakan: 220042022KUMPULAN WANG SIMPANAN PEKERJA PERATURAN-PERATURAN DAN KAEDAH-AEOAH KWSP 1691 KAEDAH 11(1) ca in| me | mn No Rujuran Malikan| coruman am |_Boranga | Borang casters —| comme LETT ta ated coer 7) Ckenan Wang Pon ‘Bra Banietio RPT vi “Tain carurn des bendleh yar Roped KWEFY Eon Kip KWSP eel Th weap ban ‘Mame alitan: | Me MAJU CONSTRUCTION SDN BHD ‘Tarikh Dicetak Mumasuret; 113 Se a TE aac Bae Gee Daxims THOU TA one mare +] m0. [x] noua yan CIA ro a Fp ats P| remoenaton (Spr yr eat ana ad Pangan) a Se te) Je re Ed Telefe fe_[ezsreose [| oreconocoror | enand WAPGAT BNI TENGRU HAAD| © 7 > _ [ist | x] ssmroresoe | asuTa eneimannvoon = 3| 2_[;s2ssi7e [>| eaccreorerre | WOnAuAD vaZIO BN ABU KASSON © 2 Tandtangan Wat aan ams. io xa Peogenstan — vn LE +I | cop asm aajnan PERNGATAN Berecaton Ait KWSP 100, hedlapan membetalan rata! a teh manybabkan fue Staalan cj aaa undarg nda cararan {Norte Majten meat beatae et {imi byatan mes sine conan jh Berea A 2. Peery sem mallonat sh yang alah eran a {nas bunt peor yor Bal Ssonrtan baru delam rangan Kosong Ya ae) 5 Reg beg (6 hanya is oh KPSP cha der tayoran yang dnenahoncouran HS. +. Sic rj penduan meng Boreng Ae ta Panduan eter 1. Caton mest dam Firgot pe targa Sen.(ety KUMPULAN WANG SIMPANAN PEKERJA saare fee mt RAD-PERATUR&N OAN KAEDAH-XAECAH K One Qiy Ho Rohan apkancBNen | Amawn-Caruman | No, Rujukan | py Z caruman, (RM) Bornga | Borang carrer772 | os022 | | | | | | | Jalal solu] ozs1617720622 | eee SRE | A . Sctrainen wang | aeorunss |_| San fase - uhasuats 4.11 . MB MAIN CONSTRUCTION SON BHD NNO. 97, (GRO FLOOR) BATU 3, JALAN KLANG LAMA asses KUALA LUMPUR: ae 4 Sooo WALA LUMPUR I ¢ WPERSERUTUAN (KUALA LUMPUR) IEEE THOM cr 201 = = 7] [| uo Ta Ra rae aon FS |] tartan sepia tasers tre | yamaw pee] ee aye eri on qe fe [rrsaaua [x] swcerreece tvananivan x ROMA a Tee 1 fe > _fezsroue | [| oremooeore [Tewoxd naFtan an TeNGRD WARD) =] eee Tae f_fpsrares [x] ssoronesee [rasta ant waanuoons = aeipe aa ae 7 [reaseare [x | seosteoers [uorauno vaze mov a6u KASEI ae] ee ole ae ele afitiiile The ‘fe Cre Cie itt. ite OTT A iii ii[e i ie Tye] Tan anna RT Teese waste Puna aN | 1 Tl 2310 Tandatangin I wanrnapan eee I oo earatan PengemianKUMPULAN WANG SIMPANAN PEKERJA KwsP 6 att ptt PERATURAN-PERATURAN DAN KAEDAH- KEDAH KWSP 1601 KAI 11) ily [no Rojan aya) B00 ‘Amaun Caruman | No. Rujukan] | caruman, (RM) Borang A Borang coiset772__| orange | | [2{3] Jol] _ozrse17720722 TE own a GF rp on WS aon BBP en Ss Hoo A Tae a Niwvwhteikes | MB MAJU CONSTRUCTION SDN BHD Tankn Dicetak Mubasorat: J.11 NNO. 97C.QRD FLOOR) BATU 3, JALAN KLANG LAMA 7 g KUALA LUMPUR aioe ts | Seece KUALA LUMPUR W.PERSEKUTUAN (KUALA LUMPUR) | Jf Toga case a eee : ( é . a] ee canara a om TTT fy |e] ame, terres tip aioe te | pam ae ee oe ea tans iene od Le T= Ce ce wae] Tales w Te Pa Cee =e ez ope aeee Tle [an Col CT of 7 Tel rrr Hi anO Tou mao I Te jin = TT 2300F] wana — Hoo op Rasmi Mejaen ttainonns : Verstanan Web myePESONA METRO SDN BHD «:=., ‘No, 39, Jalan SB Indah 1/19, Taman Sungai Bes! Indah, 43300 Seri Kembangan, Selangor Darul Ehsan. METRP — Tol-03-8041 0818 Fax: 03.8941 0817 Email: pmsb@pesona.com my Website: wenw.pesona com my Our Ref: PM91/LA/19/MBM/S06 Date 22° October 2019 MB MAJU CONSTRUCTION SDN BHD No 97C (3 Floor), Batu 3, Jalan Klang Lama, 58000 Kuala Lumpur. Tel : 03-7983 8332 Attn: Mr. Alamin Dr. Abul Kalam (h/p : 016-610 5875) Director Dear Sir, CADANGAN PEMBANGUNAN BERCAMPUR YANG MENGANDUNGI: PARCEL B - PEMBANGUNAN PANGSAPURI 3 BLOK (734 UNIT): i) BLOK A 38 TINGKAT ii) BLOK B 33 TINGKAT iii) BLOK C 33 TINGKAT TERMASUK 8 TINGKAT RUANG TEMPAT LETAK KERETA, SERTA RUANG PERNIAGAAN (6 UNIT) DAN 2 TINGKAT BESMEN TEMPAT LETAK KERETA DI ATAS P.T.68, P.T.69, P.T.70, P.T.71, P.T.75 (LOT LAMA DISEBAHAGIAN LOT 8617) (LOT LAMA LOT 4441), MUKIM KUALA LUMPUR, BANDARAYA KUALA LUMPUR UNTUK MRCB SEPUTEH LAND SDN. BHD. RE: LETTER OF ACCEPTANCE SUBCONTRACT FOR SUB-LABOUR TO SKIM COATING WORKS (PODIUM ONLY) ("Scope of Works”) We refer to the above project and are pleased to award you the works for a Sum of Ringgit Malaysia: Eight Hundred Eighty Thousand Seven Hundred Three and Cents Thirty Only (RM 880,703.30) including Sales and Services Tax as per enclosed Bills of Quantities (as per Appendix A) with a total Completion Period of Ten (10) Months subject to your agreement and acceptance of the following terms and conditions: 1, Scope of Works and Specification ‘The scope of works to be carried out shall conform in all respect to the Drawings, Schedule of Works, Specification and all term and conditions as contained in the Tender Document. 2. Possession Of Site The Date of Possession of Site shall be 1" November 2019. 3. Completion Period ‘The Date of Completion for the whole of the Works shall be 31°* August 2020. 4. Partial Handing Over As and when instructed by the Main Contractor, you shall hand over the section/sections completed.Our Ref: PM91/LA/19/MBM/506 Date 5 1 22" October 2019 iui 7 The Liquidated and Ascertained Damages (LAD) charges of RM440.00 (Ringgit Malaysia: Four Hundred Forty Only) per calendar day (Inclusive of festival and public holidays) shall be imposed on you if you fail to complete the Sub-Contract Works by the Date of Completion (ar any approved extended date thereof), or if any delay of arising from your works resulting in the delay of completion of other trades. Form and Conditions of Contract ‘The Form of Contract used in the Main Contract is PWD Form 203A (Rev. 1/2010) issued under the sanction of the Government of Malaysia Notwithstanding the above, this Contract is based on Drawings and Specifications and the Form of Contract to be used shall be JKR Conditions of Contract. You shall observe, perform and comply with all the provisions of Main Contract on the part applicable to PESONA METRO SDN BHD in so far as they relate and apply to this Contract. ‘The Sub-Contract is a Firm Price contract with provisional quantities and there shall be no claims for additional costs arising out of increase in the cost of materials, currency fluctuations, labour, plant, equipment, fuel, etc. All costs in relation to authority’s contribution, levy, payment, customs restriction, quotas, duties, taxes, etc. are deemed to be included in the Sub-Contract sum. Any materials purchased, rental of equipment, or labour force/warker supplied by PESONA METRO SDN BHD on behalf of sub-contractor shall subject to two percent (2%) of administration charges. ‘Sub-Contract Program Notwithstanding the date of commencement, the sub-contractor shall submit the sub- contract work program immediately which shall in all respect tie in to the Main Contractor's program (Main Contract Program). Details of the Main Contract Program are available at the Main Contractor's site office of which the Sub-Contractor is deemed to read and have knowledge. The Main Contractor shall be entitled to revise the Sub-Contract Program to suit the Main Contract Program at their sole and absolute discretion and at terms to be ascertained and determined at such revised period. The Sub-Contractor shall comply and complete the Sub-Contract works strictly in accordance to the time allocated and approved by the Main Contractor in the Sub-Contract Program or any revisions thereto. Site Personnel You shall provide and employ on the site for the purpose of the execution and maintenance of the works a competent and full time site and project management team throughout the duration of this Contract. You shall also submit the curriculum vitae and key authority scope of your key project/site personnel who are qualified, experienced and competent for our acceptance, GRD 7 e fro1588-°)\e, = As PESONA METRO SDN BHDOur Ref: PM91/L8/19/MBM/506 Date 10. a 12 13. 14 45 22% October 2019 Coordi it You shall coordinate, interface and provide full cooperation to ather contractors employed by Main Contractor or any other Government or statutory authority who may be concurrently working on the same site or its surrounding area, All works done and material supplied by the Sub Contractor shall be jointly measured and satisfactorily certified by our representatives at site and concurred by the Consultant prior to any submission for payment by you under clause 12 below. Contra: tions You shall assume full responsibility to perform all duties and obligations under this Sub- Contract. You shall execute and complete the Works subject to and in accordance with this Letter of Acceptance and its Sub-Contract Conditions (herein attached) in all aspects to the reasonable satisfaction of the Main Contractor and/or the Consultant. The provisions of this Letter of Acceptance and its Sub-Contract Conditions are complementary of each other. Any inconsistency or discrepancy between them shall be brought to our attention as soon as practically possible and we shall have the final determination on any inconsistency or conflict, if any. Payment ‘The Sub-Contractor shall submit his application for payment on 20! of each calendar month, which shall be accompanied by all forms of calculations and invoices and any other documents to substantiate his claim. The period of honouring payment shall be 30 days upon certification of payment. There shall be no interest charges for late or non-payment of interim certificate. tent All progress payments made to Sub-Contractor shall subject to 5% retention sum to Limit of Retention 5% (RM62,608.26) of Sub-Contract Sum which will be deducted from Sub- Contractor monthly progress claim. The full retention shall be released interest free, 2.5% of 1 moiety will be released upon issuance of Certificate of Practical Completion’ (CPC) and the remaining 2.5% of 2" Moiety will be released upon issuance of Certificate of Making Good Defects (CMGD) of Main Contract. Instructions You shall observe, perform and comply with all instructions issued by the Architect or Superintending Officer. Variation Orders All site adjustment and variation shall be coordinated with our site representatives. However, all technical related matters shall be brought to Consultant attention, and Consultant's written approval with Main Contractor's endorsement must be sought before any changes to the technical requirements of the system are carried out. No compensation will be entertained should any rework arise due to the failure to obtain written approval on the above matter. Page 3 0f 7‘Our Ref: PM91/LA/19/MBM/506 Date: 22° October 2019 Variation issued in writing by the Main Contractor shall be deemed to form part of the Sub- Contract and shall not be regarded as vitiation thereof. The Sub-Contract Sum shall be adjusted accordingly to take into account of such variations. ‘The valuation of variation shall be made in accordance with the following rules: (i) The prices in the Bills of Quantities shall determine the Variation of Work of similar character executed under similar conditions as work priced herein. The lowest price shall prevail (ii) Where work is not of a similar character or executed under similar conditions the Prices in the Bills of Quantities shall be the basis for valuation. The lowest price shall prevail (iii) Where work cannot be measured or valued, the Sub-Contractor shall be allowed day work rates. 16. Final Account Within @ reasonable time after the completion of this contract, the Sub-Contractor shall submit the final account together with all particulars, details or information in support thereof for verification 17, Safety Regulation You shall abide by all safety measures spell out in the Sub-Contract Document, all safety regulation to be implemented by the Main Contractor at project site or whichever regulation enforced by the local authority. You are required to strictly comply with the Site Rules & Regulations, failing which you shall be subjected to penalty and/or compound as stated in attached Table 1: List of Safety Violation & Penalty 18. Employment of Workmen All foreign workers employed by you shall be lawfully employed, in accordance to local laws pertaining to the employment of foreign workers and that you shall be held responsible and liable in any way whatsoever for the unlawful employment of illegal workers and for the apprehension of illegal workers under your employment by any authority, All foreign workers and supervision staff working at the site must have a valid Green Card issued by CIDB. All foreign workers and supervision staff shall not allow to enter the site if they fail to adhere to this regulation 19. s bi The Sub-Contract is subject to a Defects Liability Period of Twenty Four (24) months which shall commence immediately upon the certificate of Practical Completion of the Main Contractor Works. The Sub-Contractor shall commence the rectification of the defects in a manner acceptable to the Main Contractor within 3 days from the date of notice of the said defect(s), and shall complete the said rectification works to the satisfaction of the Main Contractor within the period stipulated in writing by the Main Contractor. The Sub- Contractor shall rectify at his own costs all defects, damage, shrinkage and faults in the Sub Contract works which appears during this period together with its affected element that may not be mentioned in the Scope of Works. KEBD Page 4 of 6 axes le PESONA METRO SDN BHD._“)Our Ref: PM91/LA/19/MBM/506 Date: 22 October 2019 Should the Sub Contractor fails to comply with the rectification notice and/or fails to carry out work rectification program diligently to the satisfaction of the Main Contractor, the Main Contractor shall be at liberty, upon the expiry of the notice period stated herein or any subsequent notice period as may be notified to the Sub Contractor, to commence or take over the rectification work themselves. All ensuing costs and losses thereby incurred by the Main Contractor shall thereafter be claimed against or set off against whatever monies or outstanding due ta the Sub Contractor for work done or material supplied under this sub-contract. 20. Site Meetinas Regular site meetings will be held at the site office for the purpose of monitoring and co- ordination of the various sub-contract works. Attendance at these meetings is compulsory and the Sub-Contractor shall be represented by a senior member who is well versed with the Sub-Contract and who can make decisions on behalf of the organisation. 21. Others All workers and supervision staff are required to use recycle “Tupperware” or approved equivalent food containers and drinking bottles in the site. Polystyrene food containers and plastic bags/bottles for drinking water are strictly not allowed at site, failing which you shall be subjected to penalty and/or compound, This Letter is sent to you in duplicate for witnessed signing. Kindly retain one copy of this letter for your record and returning the remaining to us not later than fourteen (14) days from the date of this Letter of Acceptance. Yours faithfully PESONA METRO SDN BHD WIR HOCK BE Managing Direc PESONA METRO SDN BHDOur Ref: PM91/LA/19/MBM/506 Date 22% October 2019 CADANGAN PEMBANGUNAN BERCAMPUR YANG MENGANDUNGI: PARCEL B - PEMBANGUNAN PANGSAPURI 3 BLOK (734 UNIT): i) BLOK A 38 TINGKAT ii) BLOK B 33 TINGKAT iii) BLOK C 33 TINGKAT TERMASUK 8 TINGKAT RUANG TEMPAT LETAK KERETA, SERTA RUANG PERNIAGAAN (6 UNIT) DAN 2 TINGKAT BESMEN TEMPAT LETAK KERETA DI ATAS P.T.68, P.T.69, P.T.70, P.T.71, P.T.75 (LOT LAMA DISEBAHAGIAN LOT 8617) (LOT LAMA LOT 4441), MUKIM KUALA LUMPUR, BANDARAYA KUALA LUMPUR UNTUK MRCB SEPUTEH LAND SDN. BHD. RE: LETTER OF ACCEPTANCE SUBCONTRACT FOR SUB-LABOUR TO SKIM COATING WORKS (PODIUM ONLY) (’Scope of Works”) ACKN' NT We, MB Maju Construction Sdn Bhd acknowledge receipt of this Letter of Acceptance and confirm our agreement to accept the award of the tender and to the terms and conditions stated herein int ho $70 (rs ‘Erna rebroajuscnbho@ gr ye) 02. 79R3 4532 HIP 0F6.6105075. Authorized Signature and Stamp of Contractor Signature of Witness Name: Alamin...Apul Jeertow Name: NRIC No: BHO22400 57 NRIC No: i Director Designat Designation esianation sani Sater esia pete Date OB)I|201C * KERE> 7 AW emae sor Sg PESONA METRO SDN BHD ~LARef: PMg1/LA/19/MBNM/S05 ‘Sub-Contract Conditions Date: 22" October 2019 1. Definition and Interpretation ‘Employer" means firm, corporation or organisation whose name appears in the Articles of Agreement of Main Contract ‘Main Contractor” means the person, firm; corporation or organization which had been awarded the project by the employer and, if applicable, its assigns. “Sub-Contractor” means the person, firm, corporation or organisation whose name appears in the Letter of Award or Letter of Acceptance and /or Articles of Agreement of Sub:Contract and, where applicable, the permitted legal successors in title to the Sub-Contractor but not (save with the consent from the Main Contractor) any assignee of the Sub-Contractor. ‘Supplier” means any person including any Nominated Supplier to whom the supply of any goods or materials has been sub-contracted and, where applicable, the Supplier's permitted (egal successors in title but not any assignee of the Supplier. ‘Main Contract” means the agreement between the Employer and the Main Contractor. “Sub-Contract™ means the agreement between the Main Contractor and the Sub-Contractor. ‘Works” means the Main Contract works, and wherever referred to shall include the Sub-Contract works. 2, Site Possession, Commencement and Completion ‘The duration of the Sub-Contract shall be as follows: Date of Commencement [As per Appendix | Date of Completion : AS per Appendix I Commencement shall mean commencement of physical works at site. Subcontractor shall ensure strict compliance to the above dates, subject to any revisions thereto. Possession of site shall not be exclusive to the Sud-Contractor, Execution of the Sub-Contract Works The Sub-Contractor hereby acknowledges that our company is relying on the Sub-Contractor’s skill land expertise and as such the Sub-Contractor undertakes that their workmanship shall in all respects ‘comply to and that they shall perform in accordance to the requirements of this Sub-Contract. 4. Main Contract 4.1 The Sub-Contractor is deemed to have read, understood and be bound by the terms and Conditions of the Main Contract documents, insofar as it relates to the Sub-contract works (except for details of the prices therein) and all subsequent revisions and amendments thereto. 42 The Sub-Contractor shall observe, perform and comply with all the provisions of the Main Contract on the part applicable to the Main Contractor in so far as they relate and apply to the Sub-Contract, 5. Sub-Contract Documents 5.1 Further to, though not in derogation of the terms within Clause 4 above, the Sub: Contract Documents are complementary and are intended to include and imply all items required or necessary for the proper and complete performance of the Sub-Contract Warks. 5.2. The Sub-Contract Documents are to be taken as mutually exclusive but explanatory to oni 110LARef PMB1/LA/19/MBM4/505, Sub-Contract Conditions Date: 22” October 2019 ‘order of precedence shall be used (as the case may be, whereby the term “Main Contract shall also mean “Sub-Contract” wherever it applies to the Sub-Contract). 5.3 In the absence of such an order the party finding out the same shall give written notice to the other and the Main Contractor shall issue instructions accordingly. Such instructions shall be deemed to form part of this Sub-Contract and not as vitiation thereof. In the absence of such instructions, the relevant provisions in the Main Contract shall be applicable (as the case may be). 6. Site Conditions The Sub-Contractor shall be deemed to have visited the site and its surroundings and to have ascertained and satisfied himself as to the nature, character and extent of the works, local conditions, accessibility of site, geological and hydrological conditions, the supply of and conditions affecting labour and materials, existing services and any other limitations and restrictions imposed by the site and its surroundings and all other limitations and restrictions imposed by the site and its surroundings and all other matters affecting the Sub-Contract, The Sub-Contractor shall accept the site as found on the date of site possession and no claims will be entertained on grounds of ignorance or misrepresentation by any party of the site conditions. Sub-Contract Program Subject to the dates mentioned in Clause 2 above, the Sub-Contractor shall submit within 2 weeks from the Date of Site Possession a works program (Sub-Contract Program) which shall in all respects te in to the Main Contractor's program (Main Contract Program). Details of the Main Contract Program are available at our site office of which the Sub-Contractor is deemed to have read and have knowledge. The Main Contractor shall be entitled to revise the Sub-Contract Program to suit the ‘Main Contract Program at their sole discretion and at terms to be ascertained at such revised period. ‘The Sub-Contractor shall comply and complete the Sub-Contract works strictly in accordance to the time allocated and approved by the Main Contractor in the Sub-Contract Program or any revisions thereto, The Main Contractor reserves the right to instruct the Sub-Contractor, and the Sub-Contractor shall comply thereto, should there be any deviations or non-compliance with the programs. 8 Insurance. 8.1. The Main Contractor will effect the usual Contractors All Risk and Workmen's Compensation ‘insurance for the Works (except in respect of the temporary buildings, plant, tool and equipment constructed, owned or hired for the Sub-Contract works), and insurance to cover the lability in respect of personal injuries or deaths arising out of the course or caused by the carrying out of the Works. 8.2 Notwithstanding that these policies have been extended to cover the Sub-Contract works, the Sub-Contractor shall:- (a) comply with the policy conditions and shall be bound by the deductibles stated therein ; and (©) not commit or by omission or negligence do any act which shall render the said insurance policies void or voidable, particularly but not limited to the administration and notification of claims; 8.3. Provided always that the Sub-Contractor shall indemnify the Main Contractor for all losses or Claims in respect of personal injury to or the death of any other person due to any act of negligence, omission or default of the Sub-Contractor, his servants and/or his agents AND/OR in the event that the amount claimed from the insurance is insufficient. 8.4 Notwithstanding this, the Sub-Contractor shall purchase adequate insurance coverage for his own plant, machinery, equipment and foreign workers. The Sub-Contractor shall submit to the Main contractor a list of plant, machinery and equipment he intends to employ on site and furnish documentary proof that the same has been adequately insured. 20Sub Contract Conditions LARef: Plai/ta/19/MBM/S05, Date: 22" October 2019 9. Fluctuation of Price cee 5 a 10. " 12, 2. 14 15. There shall be no claim for fluctuation of price for the entire duration of the Main Contract arising out of increase in the cost of materials, currency fluctuations, labour, plant, equipment, fuel, etc. All Costs in relation to authorities’ contribution, levy, payment, customs restriction, quotas, duties, taxes etc. are deemed to be included in the Sub-Contract Sum. Basis of Sub-Contract 10.1 Refer to Clause - 7 of the Letter of Acceptance. 10.2 The Sub-Contractor shall not be entitled to claim for additional cost incurred in the Preliminaries nor for loss of profit, economic loss or any other loss and / or expense due to Variation Order or any variance of the quantities. Payment Progress payment to the Sub-Contract works shall be made monthly based on the value of actual work done. The Sub-Contractor shall submit his application for payment every calendar month, which shall be accompanied by all forms of calculation and invoices and any other relevant documents to substantiate his claim. The period of honouring payment shall be as per Appendix I from the date of certification by the Main Contractor. Payment made to the Sub-Contractar shall not be deemed as acceptance of the Sub-Contract works should the same be defective and / or be not in accordance to the Sub-Contract requirements as stated in the Sub-Contract documents. Retention All payments made to the Sub-Contractor under Clause 11 shall be subject to retention as per Appendix |. The retention shall be released, interest free, in accordance with the dates as stated in Appendix 1 (though always subject to the period of honouring under this Sub-Contract), and upon submission by Sub-Contractor of his Statutory Declaration in accordance to Statutory Declaration Act, 1960 as mentioned in Clause 13 herein, and the execution of Deed{s) of Warranty for Sub-Contract Works in a form acceptable by the Main Contractor and/or the Employer. Statutory Declaration No payment due to the Sub-Contractor under the Final Certificate shall be made unless and until the Sub-Contractor shall have satisfied the Main Contractor by means of either giving the Main Contractor: (2) a Statutory Declaration made by the Sub-Contractor or, (b) a certificate signed by or on behalf of the Director General of Labour, to the effect that the workmen who have been employed by the Sub-Contractor on the Works, including workmen ‘employed by his sub-sub-contractors (including his “labour only” sub-sub-contractors) have received all wages due to them in connection with such employment, and that all dues or contributions under the Employment Act, the Employee's Social Security Act, the Employee's Provident Fund Act and any other laws relevant to the employment of workmen, have been pai Right to deduct set-off Notwithstanding any payments made to the Sub-Contract under Clauses 11 and 12 above, the Main Contractor reserves the right to withhold, deduct, set-off or set-aside any sums due or to be due to the Sub-Contractor under the Sub-Contract, including such sums in respect of Clauses 35 and/or 36 herein. Compliance with Instructions / variations. The Sub-Contractor shall comply with all instructions issued by the Main Contractor, including any notice of defects during the Defects Liability Period as stated within Clause 24 hereunder, within three (3) days of the fssuance thereof (or any extended/longer period as granted by the Main/~LARef PMgi/LA/29/MeNA/SOS Sub-Contract Conditions Date: 22" October 2019 Contractor in writing). The Sub-Contractor shail also comply with the instructions of the Employer and/or their duly appointed representatives provided the same has been duly endorsed by the Main Contractor and the same shall have equal effect as the instructions of the Main Contractor. 15.1 If the Sub-Contractor fails to comply with any of the aforesaid instructions within the period stipulated herein, the Main Contractor shall be entitled to execute the said part of the Sub-Contract works (or the rectification of any defects pursuant to Clause 24 below) Pertaining to the instructions or employ any third party to execute the same irrespective of any rights, trade marks, patents, licenses etc that the Sub-Contractor may possess or hold over the Sub-Contract works (or any part thereof). Alternatively, the Main Contractor, shall at its absolute discretion, supply additional work force as it may deem necessary to the Sub: Contractor to assist them to complete the work or to catch up with the work progress. 15.2. Further, all costs and expenses incurred and/or expanded by the Main Contractor and/or the said third party in connection therewith shall be deducted from monies due or to bbe due to the Sub-Contractor or recovered from him as a debt due without prejudice to any other rights available to the Main Contractor under this Sub-Contract and/or at law. 15.3 Variations issued by the Main Contractor shall be deemed to form part of this Sub Contract and shall not be regarded as vitiation thereof. The Sub-Contract Sum shall be adjusted accordingly to take inta account of such variations. 16. Valuation of variations The valuation of variation shall be made in accordance with the following rules:- (The prices in the Bills of Quantities shall determine the Valuation of Work of similar character executed under similar conditions as work priced herein. The lowest price shall prevail. (i) Where work is not of a similar character or executed under similar conditions the prices in the Bills of Quantities shall be the basis for valuation. The lowest price shall prevail (iit) Where work cannot properly be measured and valued, the Sub-Contractor shall be allowed day-work-rates. No work shall be carried out on Day work basis except when ordered in writing by the Main Contractor. Only time actually spent on work will be allowed. A “Day” is considered to be a normal working day of eight (8) hours. Fraction of a day will be paid for on "Pro-rata’ basis 17. Employer's Requirements ‘The Sub-Contractor shall have knowledge and be bound by all guidelines, policies, rules, regulations etc in relation to noise, environmental protection, quality assurance, occupational safety, logistics and site organization imposed by the Employer or any governmental authorities, In addition to other environmental protection guidelines, there shall be no open burning at site or anywhere within the vicinity of site. 18. Statutory Compliance The Sub-Contractor shall comply with all statutes, rules, regulations, directives, ordinances ete. currently in force and any amendments thereto issued by the government or any other competent authority at their own cost. Particular reference is brought to the following legislations, the list of which shall not be deemed exhaustive: ()) Occupational Safety & Health Act (Act 514) 1994 and related regulations. (ii) Factory and Machinery Act (Act 139) and related regulations, (bit) Environmental Quality Act (Act 127) 1974. liv) Guidetine for the Public Safety and Health at Construction Sites issued by the Department of Occupational health and Safety, (v) Regulations issued by the Department of Health, (vi) Regulations 18 (Public Vehicular Traffic) of Building Operations and Work of Engineering 1986. 40Ua Ref: pMai/LA/19/MBM/505 Sub-Contract Conditions Date: 22" October 2019 (vil) Transport Ordinance 1958 (Ordinance 48). (vil) Clean Air Regulation 1978. (ix) Construction Industry Development Board (CIDB) Green Card programme for personnel at construction sites, 19. Compliance to Specifications ‘The Sub-Contract Works shall be strictly carried out in accordance to the specifications and drawings provided or approved shop drawings by the Superintending Officer or Architect, and to the ather terms and conditions as contained within the Sub-Contract Conditions herein, 20. Protection of Existing Works and Surrounding Areas 20.1 The Sub-Contractor shall be responsible for the necessary protection of all-existing works and services within the site and the surrounding area. The Main Contractor shall determine any disputes with respect to matters relating to these protections. 20.2 The Sub-Contractor shall immediately notify the Main Contractor of any existing services such as water pipes, electric cables, drainage, telecommunication cables, sewerage etc. which will be affected by the Sub-Contract works and shall provide necessary protection and supports to the same at his own expense, to the satisfaction of the Main Contractor. 21. Coordination ‘The Sub-Contractor shall coordinate, interface and provide full cooperation to the Project Consultants, other contractors employed by the Employer, Main Contractor or others who may be concurrently working on site or at its surrounding area, and the costs implications of which shall be deemed included in the Sub-Contract Sum. 22. Particulars of Labour ()) The Sub-Contractor shall submit particulars of workers emplayed at site to Main Contractor. The Sub-Contractor shall ensure prompt payment of all salaries, wages, allowances, EFF and SOCSO contribution, levy, permit and all other charges associated with his workforce. (ii) All foreign workers employed by the Sub-Contractor and his subcontractors/sub-suppliers shall be [awfully employed, in accordance to the local laws pertaining to the employment of foreign workers The Main Contractor shall not be held responsible or liable in anyway whatsoever for the unlawful employment of foreign workers nor for the apprehension of any illegal workers under the employment of the Sub-Contractor by any authority, and shall further be kept absolutely indemnified by the Sub-Contractor against any claim, proceeding, loss,, damages etc that may arise Jn the event of such unlawful employment of foreign workers by the Sub-Contractor. 23. Sub-Contracting ‘The Sub-Contractor shall seek the approval of the Main Contractor prior to the sub-letting or assignment of any part of the Sub-Contract works, 24. Defects Liability Period ‘The Sub-Contract is subject to a Defects Liability Period which shall commence immediately upon the practical completion of the Sub-Contract Works and shall expire at end of the expiry of the Main Contract’s defects liability period which is as indicated in Appendix I. The Main Contractor not later than fourteen (14) days on expiration of the Defects Liability Period of Main Contract may issue a schedule of defects to the Sub-Contractor. The Sub-Contractor shall commence the rectification of the defects in a manner acceptable to the Main Contractor within 3 days from the date of notice of the said defect(s), and shall complete the said rectification works to the satisfaction of the Main Contractor within the period stipulated in writing by the Main Contractor. The Sub-Contractor shall rectify at his own costs all defects, damage, shrinkage and faults in the Sub Contract works which) snoLARef: PMa1/LA/19/MBM/S05 Sub-Contract Conditions Date: 22" October 2019 ‘appears during this period. 25. Termination by Default The Main Contractor may, without prejudice to any other rights or remedies which he may possess (including such of the Parties’ respective rights and obligations pursuant to these Sub:Contract Conditions that shall survive any termination of this Sub-Contract pursuant to the terms herein), at his sole discretion terminate the Sub-Contract by way of a written notice in the following event (a) If the Sub-Contractor shall by default due to any of the following: i) If without reasonable cause he wholly suspends the carrying out of the Sub-Contract ‘works more than seven (7) days including rest day; ii) If he fails to proceed regularly and diligently with the Sub-Contract works; fit) If he refuses or persistently fails without reasonable or lawful excuse after notice in writing to comply with any instruction given by the Main Contractor; {b) If the Sub-Contractor commits an act of bankruptcy or makes or enters into any deed or ‘arrangement or composition with his creditors or being a company enters into liquidation, whether compulsory or voluntary, except liquidation for purposes of reconstruction, or suffers or allows any execution, whether legal or equitable, to be levied on his fixed and/or floating property or obtained against him. (c) Where the Sub-Contractor assigned the benefits or any part of the works of this sub-contract to any third party with prior written consent being obtained first from the Main Contractor. 26. Termination for Convenience In the event the Main Contract is terminated or any part of it is omitted by the Employer and/or the Main Contractor, such part of the Sub-Contract works affected shall be deemed terminated accordingly, and the Sub-Contractor shall be paid for the actual value of work and/or material procured less any previous payments and retention, without prejudice to any other rights available to the Main Contractor for any antecedent breaches on the Sub-Contractor’s part. There shall be no claim by the Sub-Contractor on grounds of loss of profits, economic loss or other damages, loss and /or expenses against the Main Contractor or the Employer. 27. Rights and Liabilities 27.1 In the event of termination of the Sub-Contract as per Clause 25 and/or Clause 26, the Main Contractor shall be entitled to exercise their rights under Clauses 12 and 14 herein, without prejudice to any other rights available to the Main Contractor under this Sub: Contract and/or at law, and without derogation to the Sub-Contractor's obligation to keep the Main Contractor absolutely indemnified pursuant to the terms herein, 27.2 The Parties’ respective rights and obligations under (though not limited to) Clauses 11, 12, 13, 14, 15, 17, 18, 22, 24, 28, 30, 33, 35 and 36 shall survive any determination of this Sub: Contract pursuant to the terms herein. 28. Indemnity ‘The Sub-Contractor shall indemnify and save the Main Contractor harmless against all losses, expenses, claims, damages, cost or proceedings suffered or Incurred by the Main Contractor, including for the infringement (if any} of such rights, trade marks, patents, licenses etc that the Sub Contractor or any other party may possess or hold over the Sub-Contract works (or any part thereof) as a result of the default(s), action(s) and /or omission(s) of the Sub-Contractor or breach of the Sub-Contract or generally any other provisions contained in Letter of Acceptance and Appendices or the exercise by the Main Contractor of any of the Main Contractor's righ} within this Sub-Contract. The Sub-Contractor further agrees and undertakes to indemnify the QLARef: pMa1/LA/19/MBM/S05, Sub-Contract Conditions Date: 22" October 2019 ‘Main Contractor for any breach by him which may result in the Main Contractor being in breach of the Main Contract provisions and/or any other rule or regulation, and thus becoming liable for any loss, damages or claims thereafter. 29. Confidentiality All information in relation to this Sub-Contract and the Main Contract shall be treated in the strictest confidence. The Sub-Contractor shall not divulge, communicate or allow information in respect thereof to any third party save for the proper execution and completion of the Sub-Contract. 30. Extension of Time Notwithstanding any provision contained herein, any entitlements or reasons for extension of time Under the Sub-Contract shall be applied for by the Sub-Contractor and the same shall be evaluated and determined at the sole and absolute discretion of the Main Contractor. 31. Time Time, whenever mentioned herein shall be of the essence, 32, Arbitration Any disputes arising between the Main Contractor and the Sub-Contractor in connection with this Sub: Contract, in the absence of an amicable settlement, shall be referred to arbitration in accordance to the Arbitration Act 2005 and the Arbitration (amendment) Act 2011, including all related statutory modification or re-enactment of the Act at the Kuala Lumpur Regional Centre for Arbitration, 33. General Words importing singular only also include the perusal and vice-versa. Any reference to the Letter of Acceptance shall include the Appendices included therein. 34. Liquidated and Ascertained Damages If the Sub-Contractor fails to complete the Sub-Contract Works by the Date of Completion (or any extended date hereof), Liquidated and Ascertained Damages (LAD) as per Appendix | shall be imposed on the Sub-Contractor for each calendar day or part thereof for any delay to the completion of the Sub-Contract Works, calculated for the period from the Date of Completion (or any duly ‘extended date thereof) to the date of actual completion of the Sub-Contract Works. The LAD as per Appendix I is to be deemed to be the actual loss wich the Main Contractor shall suffer in the event the Sub-Contractor is in breach of the Clause hereof, and the Sub-Contractor agrees to pay the same without the need for the Main Contractor to prove his actual damage or loss. The lack of any notice of rnon-completion shall not be deemed to be a waiver of any of the Main Contractor’ right and claims under this Sub-Contract 35. Prime Cost Unit Rates 35.1 Prime Cost unit rates for materials wherever used in the Sub-Contract documents are for materials to be supplied by a firm to be nominated by the Employer or the Main Contractor and shall mean the cost of the material supplied and delivered to site inclusive of all taxes and duties and adjusted for trade discounts for the net quantity required to be fixed on site. The Sub-Contractor shall use the Prime Cost unit rate provided and calculate his overall rate to insert against such item of measured works. Additional requirement for wastage, loss, entering into a contract of sale based on supplier's terms and conditions, price fluctuations, taking delivery, provision of sealants, sealing tape, mechanical fasteners, associated fixing plugs, adhesive bed and grouting, treatment including modification of form and shape, ancillary installation components, etc., labor for fixing, overheads, profits and any other charges shall be covered by the Sub-Contractor’s overall rate for the item. 35.2 The Employer or the Main-Contractor shall, at his discretion, invite quotations for supply materials for which Prime Cost unit rates are included in Sub-Contract documents. moUARef: PM9i/LA/19/MBM/505 Sub-Contract Conditions Date: 22" October 2019 353 The Sub-Contractor shall procure from such Suppliers nominated to the Sub-Contractor by the Employer or Main Contractor materials at the prices, (after deducting all discounts) agreed between the Employer or the Main Contractor and the Suppliers. The Sub. Contractor shall procure and pay for sufficient extra quantities for materials to cater for all breakages, wastage, rectification of defects, and etc 354 Notwithstanding anything to the contrary in the Sub-contract, the Sub-Contractor shall be absolutely responsible for all materials and goods delivered and supplied by the Suppliers, as if the materials supplied were done, carried out, affected and/or delivered and supplied by the Sub-Contractor. The Sub-Contractor shall be solely responsible for ensuring that the Suppliers shall at all times comply with each and every term and condition of the Sub-Contract and any breaches, defaults, acts of negligence and/or any delays caused or howsoever brought about by the Suppliers, their respective employees, agents and/or representatives shall be and is deemed to be a breach and/or default on the part of the Sub-Contractor. Provided always that in the event that any Supplier for Prime Cost unit rate materials shall be terminated or determined for any reason whatsoever (regardless of the reasons thereof) then a new Supplier shall be selected through the same tendering and award process administered by the Employer or the Main Contractor. 35.5 FURTHER PROVIDED ALWAYS that no extension of time shall be granted for any delay howsoever caused by or arising from a new Supplier however occurring or the subsequent re-tendering process thereof. 356 The quantities given for items with Prime Cost Unit rates are measured net from the drawings in accordance with the Standard Method of Measurement of Building Works (for use in Malaysia, Metric Edition) published by THE INSTITUTION OF SURVEYORS (MALAYSIA) and payment shall be made on net quantities as laid or installed. 357 In the course of execution for payment and settlement of the final account, the information furnished by the Sub-Contractor in the breakdown of tendered rates for items with Prime Cost unit rates shall be used to re-calculate the rates and final account rates in accordance with the following rules, 1) The Prime Cost unit rates for supply and delivery shall be replaced by actual price fixed li) Constituents of the tendered rate based on percentages mark-up shall be re- calculated on the actual fixed price. All other constituents of the tendered rate based on sum shall be added back without any adjustment iii) 35.8 In the event of any discrepancy between the Sub-Contractor's overall rates for similar Prime Cost unit rate items in different sections or parts of these Sub- Contract documents, then the lowest rate shall prevail and shall be used for adjustment of Prime Cost rate items in the execution of payment and final account settlement. 35.9 Invoices from, or payments due or becoming due to, the suppliers for the supply of Prime Cost Unit Rate materials shall be deducted from payments made to the Sub: contractor. 36. Prime Costs and Provisional Sum 36.1 The term “Provisional Sum” shall mean a sum for work or for the supply of Equipment, materials or goods which cannot be entirely foreseen, defined or detailed at the time of ‘execution of the Sub-Contract and such sum may be paid and expended at such times and in such amounts in favour of such persons as the Main-Contractar may direct, Such sum i not used either wholly or in part shall as to the amount not used is deducted from the Sul snoLARef. PM91/LA/19/MBN4/505, Sub-Contract Canditions Date: 22" October 2019 Contract Sum. The value of the works which are executed by the Sub-Contractor in respect of the Provisional Sums shall be ascertained in accordance with Clause 16 (Valuation of Variation). At the settlement of the accounts the said value of such works executed by the Sub-Contractor shall be set off against all such Provisional Sums and the balance shall be added to or reduced or deducted from the Sub-Contract Sum as the case may be. 36.2 Any work to be executed, or Equipment, materials or goods to be supplied for which Provisional Sums are provided in the Sub-Contract Documents, may if the Main-Contractor so decides, be treated as Prime Costs Sum items and shall be dealt in accordance with Clause 35 or 36.3 (where applicable) 36.3 Where the Sub-Contractor in the ordinary course of his business directly carried out ‘works for which Prime Cost Sums and Provisional Sums are provided in the Sub-Contract Documents and where such works are set out in the Appendix 1 and the Main Contractor is prepared to accept tenders from the Sub-Contractor for such works, the Sub: Contractor shall be permitted to tender for the same or any of them without prejudice to the Main-Contractor's right to reject the lowest or any tender. If the tender of the Sub. Contractor for any work included in the Prime Cost Sums and Provisional Sums is accepted, such tender shall be held to include the profit and attendance charges, and the Sub: Contractor shall not be entitled to the profit and attendance charges, as contained in the Sub-Contract Documents, notwithstanding any provision to the contrary as stated herein 37. Statement of Account & Statement of Final Account The Sub-Contractor shall submit to the Main Contractor within the period stated in Appendix 1 (or such extended time as the Main Contractor shall in writing permit), the Statement of Account at the Practical Completion of Main Contract (‘Statement of Account") and the Statement of Final Account in respect of the Sub-Contract works together with all particulars, details or information in support thereof, for verification. in the event the Sub-Contractor does not submit the Statement of Account within the said period, then the Main Contractor shall be empowered to accept that all claims and progress payments made pursuant to the Sub-Contract as stated in the Penultimate Claim are complete and final, save for retention as stipulated in Clause 12, and that there is no further claim for the above Sub-Contract warks 38. Drawings The Main-Contractor without charge to the Sub-Contractor shall provide him two copies of Construction Drawings including subsequent further issues during the currency of the contract. 39. Partial Occupation/Sectional Completion. 39.1 If at any time before the whole of the Sub-Contract works have reached practical completion, the Employer may take possession of and occupy any part or parts of the same (any such part being hereinafter in this Clause referred to as "the Relevant Part’) Then notwithstanding anything expressed or implied elsewhere in this Sub-Contract, the Relevant Part shall be deemed to have been practically completed on the date the Employer shall have taken possession and occupied thereof. 39.2 For the avoidance of doubt, the Defects Liability Period in respect of the Relevant Part shall commence from the date the Employer shall have taken possession and accupied thereof, and the provisions within Clause 24 shall continue to have effect in respect of the same. 40. Statement of Final Quantities & Work Done In the event the Main Contractor so instructs, the Sub-Contractor shall complete and confirm a Statement of Final Quantities and Work Done (in a form as shall be provided by the Main Contractor) at the practical completion of the Sub-Contract works, or at any other time as so instructed by the Main Contractor. ~svessessecaaceee End OF Sub-Contract Conditions snoPM . PESONA METRO SDN BHD «..., No. 39, Jalan SB Indah 1/19, Teman Sungal Bes! Indah, 43300 Sari Kembangan, Selangor Darul Ehsan PESONAMETRO . Tol 03-8961 0818 Fax: 03-8941 0817 Emil pmsb@pesona.commy Websile: www pesona.com my Our Ref: PM91/LA/19/MBM/570 Date : 6 December 2019 MB MAJU CONSTRUCTION SDN BHD No 97C (3 Floor), Batu 3, Jalan Klang Lama, 58000 Kuala Lumpur. Tel : 03-7983 8332 Attn: Mr. Alamin Dr. Abul Kalam (h/p : 016-610 5875) Director Dear Sir, CADANGAN PEMBANGUNAN BERCAMPUR YANG MENGANDUNGI: PARCEL 8B - PEMBANGUNAN PANGSAPURI 3 BLOK (734 UNIT): i) BLOK A 38 TINGKAT ji) BLOK B 33 TINGKAT iii) BLOK C 33 TINGKAT TERMASUK 8 TINGKAT RUANG TEMPAT LETAK KERETA, SERTA RUANG PERNIAGAAN (6 UNIT) DAN 2 TINGKAT BESMEN TEMPAT LETAK KERETA DI ATAS P.T.68, P.T.69, P.T.70, P.T.71, P.T.75 (LOT LAMA DISEBAHAGIAN LOT 8617) (LOT LAMA LOT 4441), MUKIM KUALA LUMPUR, BANDARAYA KUALA LUMPUR UNTUK MRCB SEPUTEH LAND SDN. BHD. RE: LETTER OF ACCEPTANCE SUBCONTRACT FOR SUB-LABOUR TO SKIM COATING WORKS - RIVER VILLA & TOWER A (“Scope of Works”) We refer to the above project and are pleased to award you the works for a Sum of Ringgit Malaysia: One Million Two Hundred Nineteen Thousand Eight Hundred Seventy Four and Cents Seventy Only (RM 1,219,874.70) including Sales and Services Tax as per enclosed Bills of Quantities (as per Appendix A) with a total Completion Period of Sixteen and half (16.5) Months subject to your agreement and acceptance of the following terms and conditions: ca 1 ‘ope of The scope of works to be carried out shall conform in all respect to the Drawings, Schedule of Works, Specification and all term and conditions as contained in the Tender Document. 2 Sse! of si ‘The Date of Possession of Site shall be 15 December 2019. 3. Completion Period The Date of Completion for the whole of the Works shall be 30 April 2021. 4. Partial Handing Over As and when instructed by the Main Contractor, you shall hand over the section/sections completed.Our Ref: PM91/LA/19/MBM/570 Date 5. 6" December 2019 Liqui and Ascertain age: The Liquidated and Ascertained Damages (LAD) charges of RM610.00 (Ringgit Malaysia: Six Hundred Ten Only) per calendar day (Inclusive of festival and public holidays) shall be imposed on you if you fail to complete the Sub-Contract Works by the Date of Completion (or any approved extended date thereof), or if any delay of arising from your works resulting in the delay of completion of other trades. Form and Conditions of Contract The Form of Contract used in the Main Contract is PWD Form 203A (Rev. 1/2010) issued under the sanction of the Government of Malaysia. Notwithstanding the above, this Contract is based on Drawings and Specifications and the Form of Contract to be used shall be JKR Conditions of Contract. You shall observe, perform and comply with all the provisions of Main Contract on the part applicable to PESONA METRO SON BHD in so far as they relate and apply to this Contract. Firm Contr: The Sub-Contract is a Firm Price contract with provisional quantities and there shall be no claims for additional costs arising out of increase in the cost of materials, currency fluctuations, labour, plant, equipment, fuel, etc. All costs in relation to authority’s contribution, levy, payment, customs restriction, quotas, duties, taxes, etc. are deemed to be included in the Sub-Contract sum Any materials purchased, rental of equipment, or labour force/worker supplied by PESONA METRO SDN BHO on behalf of sub-contractor shall subject to two percent (2%) of administration charges. = ral Notwithstanding the date of commencement, the sub-contractor shall submit the sub- contract work program immediately which shall in all respect tie in to the Main Contractor's Program (Main Contract Program). Details of the Main Contract Program are available at the Main Contractor's site office of which the Sub-Contractor is deemed to read and have knowledge. The Main Contractor shall be entitled to revise the Sub-Contract Program to suit the Main Contract Program at their sole and absolute discretion and at terms to be ascertained and determined at such revised period. The Sub-Contractor shall comply and complete the Sub-Contract works strictly in accordance to the time allocated and approved by the Main Contractor in the Sub-Contract Program or any revisions thereto. Site Personnel You shail provide and employ on the site for the purpose of the execution and maintenance of the works a competent and full time site and project management team throughout the duration of this Contract. You shall also submit the curriculum vitae and key authority scope of your key project/site personnel who are qualified, experienced and competent for our acceptance. lui Page 2 of PESONA METRO SDN BHDOur Ref: PM91/LA/19/MBM/570 Date 10. it. 12. 13. 14, 15, : 6" December 2019 id ication rks You shall coordinate, interface and provide full cooperation to other contractors employed by Main Contractor or any other Government or statutory authority who may be concurrently working on the same site or its surrounding area All works done and material supplied by the Sub Contractor shall be jointly measured and satisfactorily certified by our representatives at site and concurred by the Consultant prior to any submission for payment by you under clause 12 below, Contractual Obligations You shall assume full responsibility to perform all duties and obligations under this Sub- Contract. You shall execute and complete the Works subject to and in accordance with this Letter of Acceptance and its Sub-Contract Conditions (herein attached) in all aspects to the reasonable satisfaction of the Main Contractor and/or the Consultant. The provisions of this Letter of Acceptance and its Sub-Contract Conditions are complementary of each other. Any inconsistency or discrepancy between them shall be brought to our attention as soon as practically possible and we shall have the final determination on any inconsistency or conflict, if any Payment The Sub-Contractor shall submit his application for payment on 20" of each calendar month, which shall be accompanied by all forms of calculations and invoices and any other documents to substantiate his claim. The period of honouring payment shall be 30 days upon certification of payment. There shalll be no interest charges for late or non-payment of interim certificate Retention Sum All progress payments made to Sub-Contractor shall subject to 5% retention sum to Limit of Retention 5% (RM60,993.74) of Sub-Contract Sum which will be deducted from Sub- Contractor monthly progress claim. The full retention shall be released interest free, 2.5% of 1% moiety will be released upon issuance of Certificate of Practical Completion (CPC) and the remaining 2.5% of 2% Moiety will be released upon issuance of Certificate of Making Good Defects (CMGD) of Main Contract. str You shall observe, perform and comply with all instructions issued by the Architect or Superintending Officer. Variation Orders All site adjustment and variation shall be coordinated with our site representatives. However, all technical related matters shall be brought to Consultant attention, and Consultant's written approval with Main Contractor’s endorsement must be sought before any changes to the technical requirements of the system are carried out. No compensation will be entertained should any rework arise due to the failure to obtain written approval on the above matter, PESONA METRO SDN BHDOur Ref: PM91/LA/19/MBM/570 Date : 6" December 2019 Variation issued in writing by the Main Contractor shall be deemed to form part of the Sub- Contract and shall not be regarded as vitiation thereof. The Sub-Contract Sum shall be adjusted accordingly to take into account of such variations. The valuation of variation shall be made in accordance with the following rules: (i) The prices in the Bills of Quantities shall determine the Variation of Work of similar character executed under similar conditions as work priced herein. The lowest price shall prevail. (il) Where work is not of a similar character or executed under similar conditions the prices in the Bills of Quantities shall be the basis for valuation. The lowest price shalll prevail (iii) Where work cannot be measured or valued, the Sub-Contractor shall be allowed day work rates. 16. Final Account Within a reasonable time after the completion of this contract, the Sub-Contractor shall submit the final account together with all particulars, details or information in support thereof for verification, 17. Safety Regulation You shall abide by all safety measures spell out in the Sub-Contract Document, all safety regulation to be implemented by the Main Contractor at project site or whichever regulation enforced by the local authority. You are required to strictly comply with the Site Rules & Regulations, failing which you shall be subjected to penalty and/or compound as stated in attached Table 1: List of Safety Violation & Penalty. 18. Employment of Workmen All foreign workers employed by you shall be lawfully employed, in accordance to local laws pertaining to the employment of foreign workers and that you shall be held responsible and liable in any way whatsoever for the unlawful employment of illegal workers and for the apprehension of illegal workers under your employment by any authority. All foreign workers and supervision staff working at the site must have a valid Green Card issued by CIDB. All foreign workers and supervision staff shall not allow to enter the site if they fail to adhere to this regulation. 19. cts Liability Period The Sub-Contract is subject to a Defects Liability Period of Twenty Four (24) months or until the issuance of Certificate of Making Good Defects (CMGD), whichever is later and which shall commence immediately upon the certificate of Practical Completion of the Main Contractor Works. The Sub-Contractor shall commence the rectification of the defects in a manner acceptable to the Main Contractor within 3 days from the date of notice of the said defect(s), and shall complete the said rectification works to the satisfaction of the Main Contractor within the period stipulated in writing by the Main Contractor. The Sub-Contractor shall rectify at his own costs all defects, damage, Page 4 of 6 PESONA METRO SDN BHDOur Ref: PM91/LA/19/MBM/570 Date 20. 2. : 6 December 2019 shrinkage and faults in the Sub Contract works which appears during this period together with its affected element that may not be mentioned in the Scope of Works. Should the Sub Contractor fails to comply with the rectification notice and/or fails to carry out work rectification program diligently to the satisfaction of the Main Contractor, the Main Contractor shall be at liberty, upon the expiry of the notice period stated herein or any subsequent notice period as may be notified to the Sub Contractor, to commence or take over the rectification work themselves. All ensuing costs and losses thereby incurred by the Main Contractor shall thereafter be claimed against or set off against whatever monies or outstanding due to the Sub Contractor for work done or material supplied under this sub-contract Site Meetings Regular site meetings will be held at the site office for the purpose of monitoring and co- ordination of the various sub-contract works. Attendance at these meetings is compulsory and the Sub-Contractor shall be represented by a senior member who is well versed with the Sub-Contract and who can make decisions on behalf of the organisation. Others All workers and supervision staff are required to use recycle “Tupperware” or approved equivalent food containers and drinking bottles in the site. Polystyrene food containers and plastic bags/bottles for drinking water are strictly not allowed at site, failing which you shall be subjected to penalty and/or compound. This Letter is sent to you in duplicate for witnessed signing. Kindly retain one copy of this letter for your record and returning the remaining to us not later than fourteen (14) days from the date of this Letter of Acceptance. Yours faithfully PESONA METRO SDN BHD. Te PESONA METRO SDN BHDOur Ref: PM91/LA/19/MBM/570 Date : 6 December 2019 CADANGAN PEMBANGUNAN BERCAMPUR YANG MENGANDUNGI: PARCEL B - PEMBANGUNAN PANGSAPURI 3 BLOK (734 UNIT): i) BLOK A 38 TINGKAT ii) BLOK B 33 TINGKAT iii) BLOK C 33 TINGKAT TERMASUK 8 TINGKAT RUANG TEMPAT LETAK KERETA, SERTA RUANG PERNIAGAAN (6 UNIT) DAN 2 TINGKAT BESMEN TEMPAT LETAK KERETA DI ATAS P.T.68, P.T.69, P.T.70, P.T.74, P.T.75 (LOT LAMA DISEBAHAGIAN LOT 8617) (LOT LAMA LOT 4441), MUKIM KUALA LUMPUR, BANDARAYA KUALA LUMPUR UNTUK MRCB SEPUTEH LAND SDN. BHD. RE: LETTER OF ACCEPTANCE SUBCONTRACT FOR SUB-LABOUR TO SKIM COATING WORKS - RIVER VILLA & TOWER A (“Scope of Works”) ACKNOWLEDGEMENT We, MB Maju Construction Sdn Bhd acknowledge receipt of this Letter of Acceptance and confirm our agreement to accept the award of the tender and to the terms and conditions stated herein, MB MAJU CONSTRUCTION SDN BHO. No. 97 (2rd Floor), Batu 3 Jain Kinng Lama, 58000 Kuala Lumpur . Email momajoscnthagpgmal cor ‘el 05-7083 8332 HP O16 6105075 NC Authorized Signature and Stamp of Contractor Signature of Witness Yang, hoe tg os ) Director tee ‘Atari De. Abu Kasitn aa 91083) -10- $2 - 6531 -(0- SA NRIC No: ‘RHosayoos- . RIC No: Designation: . Designation Moff : im pate:..22 [2 ( 2004. LONNOIG Page 6 of 6 PESONA METRO SDN BHDLARef: pM9i/La/19/MaM/570 Sub-Contract Conditions Date: 6" December 2019 1. Definition and Interpretation “Employer” means firm, corporation or organisation whose name appears in the Articles of Agreement of Main Contract. “Main Contractor” means the person, firm; corporation or organization which had been awarded the project by the employer and, if applicable, its assigns. ‘Sub-Contractor” means the person, firm, corporation or organisation whose name appears in the Letter of Award or Letter of Acceptance and /or Articles of Agreement of Sub-Contract and, where applicable, the permitted legal successors in title to the Sub-Contractor but not (save with the consent from the Main Contractor) any assignee of the Sub-Contractor. “Supplier” means any person including any Nominated Supplier to whom the supply of any goods or materials has been sub-contracted and, where applicable, the Suppliers permitted legal successors in title but not any assignee of the Supplier. "Wain Contract” means the agreement between the Employer and the Main Contractor. ‘Sub-Contract” means the agreement between the Main Contractor and the Sub-Contractor. "Works" means the Main Contract works, and wherever referred to shall include the Sub-Contract, works. 2. Site Possession, Commencement and Completion ‘The duration of the Sub-Contract shall be as follows: Date of Commencement : As per Appendix | Date of Completion ‘As per Appendix I Commencement shall mean commencement of physical works at site. Subcontractor shall ensure strict compliance to the above dates, subject to any revisions thereto. Possession of site shall not be exclusive to the Sub-Contractor. 3. Execution of the Sub-Contract Works The Sub-Contractor hereby acknowledges that our company is relying on the Sub-Contractor’s skill and expertise and as such the Sub-Contractor undertakes that their workmanship shall in all respects comply to and that they shall perform in accordance to the requirements of this Sub-Contract. 4, Main Contract 4.1 The Sub-Contractor is deemed to have read, understood and be bound by the terms and conditions of the Main Contract documents, insofar as it relates to the Sub-contract works (except for details of the prices therein) and all subsequent revisions and amendments thereto. 4.2 The Sub-Contractor shall observe, perform and comply with all the provisions of the Main Contract on the part applicable to the Main Contractor in so far as they relate and apply to ‘the Sub-Contract. Sub-Contract Documents 5.1 Further to, though not in derogation of the terms within Clause 4 above, the Sub: Contract Documents are complementary and are intended to include and imply all items required or necessary for the proper and complete performance of the Sub-Contract Works. 5.2 The Sub-Contract Documents are to be taken as mutually exclusive but explanatory to one another (where applicable), but in the event of a discrepancy between them, the ‘ v0LARef: pvigi/LA/19/MBM/S70 Sub-Contract Conditions Date: 6" December 2019 order of precedence shall be used (as the case may be, whereby the term “Main Contract shall also mean “Sub-Contract” wherever it applies to the Sub-Contract).. 5.3 In the absence of such an order the party finding out the same shall give written notice to the other and the Main Contractor shall issue instructions accordingly. Such instructions shall be deemed to form part of this Sub-Contract and not as vitiation thereof. In the absence of such instructions, the relevant provisions in the Main Contract shall be applicable (as the case may be), 6 Site Conditions The Sub-Contractor shall be deemed to have visited the site and its surroundings and to have ascertained and satisfied himself as to the nature, character and extent of the works, local conditions, accessibility of site, geological and hydrological conditions, the supply of and conditions affecting labour and materials, existing services and any other limitations and restrictions imposed by the site and its surroundings and all other limitations and restrictions imposed by the site and its surroundings and all other matters affecting the Sub-Contract. The Sub-Contractor shall accept the site as found on the date of site possession and no claims will be entertained on grounds of ignorance or misrepresentation by any party of the site conditions. 7. Sub-Contract Program Subject to the dates mentioned in Clause 2 above, the Sub-Contractor shall submit within 2 weeks from the Date of Site Possession a works program (Sub:Contract Program) which shall in all respects tie in to the Main Contractor's program (Main Contract Program). Details of the Main Contract Program are available at our site office of which the Sub-Contractor is deemed to have read and have knowledge. The Main Contractor shall be entitled to revise the Sub-Contract Program to suit the Main Contract Program at their sole discretion and at terms to be ascertained at such revised period. The Sub-Contractor shall comply and complete the Sub-Contract works strictly in accordance to the time allocated and approved by the Main Contractor in the Sub-Contract Program or any revisions thereto. The Main Contractor reserves the right to instruct the Sub-Contractor, and the Sub-Contractor shall comply thereto, should there be any deviations or non-compliance with the programs. Insurance. 8.1 The Main Contractor will effect the usual Contractors All Risk and Workmen's Compensation insurance for the Works (except in respect of the temporary buildings, plant, tool and equipment constructed, owned or hired for the Sub-Contract works), and insurance to cover the liability in respect of personal injuries or deaths arising out of the course or caused by the carrying out of the Works. 8.2 Notwithstanding that these policies have been extended to cover the Sub-Contract works, the ‘Sub-Contractor shall:- (a) comply with the policy conditions and shall be bound by the deductibles stated therein ; and (©) not commit or by omission or negligence do any act which shall render the said insurance policies void or voidable, particularly but not limited to the administration and notification of claims; 8.3 Provided always that the Sub-Contractor shall indemnify the Main Contractor for all losses or claims in respect of personal injury to or the death of any other person due to any act of negligence, omission or default of the Sub-Contractor, his servants and/or his agents ‘AND/OR in the event that the amount claimed from the insurance is insufficient. 8.4 Notwithstanding this, the Sub-Contractor shall purchase adequate insurance coverage for his own plant, machinery, equipment and foreign workers. The Sub-Contractor shall submit to the Main contractor a list of plant, machinery and equipment he intends to employ on site and furnish documentary proof that the same has been adequately insured,LARef. PlM9i/LA/19/MBM/S70 Sub-Contract Conditions Date: 6 December 2019 9. Fluctuation of Price There shall be no claim for fluctuation of price for the entire duration of the Main Contract arising out of increase in the cost of materials, currency fluctuations, labour, plant, equipment, fuel, etc. All costs in relation to authorities’ contribution, levy, payment, customs restriction, quotas, duties, taxes etc. are deemed to be included in the Sub-Contract Sum. 10. Basis of Sub-Contract 10.1 Refer to Clause - 7 of the Letter of Acceptance. 10.2 The Sub-Contractor shall not be entitled to claim for additional cost incurred in the Preliminaries nor for loss of profit, economic loss or any other loss and / or expense due to Variation Order or any variance of the quantities. 11, Payment Progress payment to the Sub-Contract works shall be made monthly based on the value of actual work done. The Sub-Contractor shall submit his application for payment every calendar month, which shall be accompanied by all forms of calculation and invoices and any other relevant documents to substantiate his claim. The period of honouring payment shall be as per Appendix | from the date of certification by the Main Contractor. Payment made to the Sub-Contractor shall not be deemed as, acceptance of the Sub-Contract works should the same be defective and / or be not in accordance to the Sub-Contract requirements as stated in the Sub-Contract documents. 12. Retention All payments made to the Sub-Contractor under Clause 11 shall be subject to retention as per Appendix |. The retention shall be released, interest free, in accordance with the dates as stated in Appendix 1 (though always subject to the period of honouring under this Sub-Contract), and upon submission by Sub-Contractor of his Statutory Declaration in accordance to Statutory Declaration Act, 1960 as mentioned in Clause 13 herein, and the execution of Deed(s) of Warranty for Sub-Contract Works in a form acceptable by the Main Contractor and/or the Employer. 13, Statutory Declaration No payment due to the Sub-Contractor under the Final Certificate shall be made unless and until the Sub-Contractor shall have satisfied the Main Contractor by means of either giving the Main Contractor: (a) a Statutory Declaration made by the Sub-Contractor or, (b) a certificate signed by or on behalf of the Director General of Labour, to the effect that the workmen who have been employed by the Sub-Contractor on the Works, including workmen employed by his sub-sub-contractors (including his “labour only” sub-sub-contractors) have received all wages due to them in connection with such employment, and that all dues or contributions under the Employment Act, the Employee's Social Security Act, the Employee's Provident Fund Act and any other laws relevant to the employment of workmen, have been paid. 14, Right to deduct set-off Notwithstanding any payments made to the Sub-Contract under Clauses 11 and 12 above, the Main Contractor reserves the right to withhold, deduct, set-off or set-aside any sums due or to be due to the Sub-Contractor under the Sub-Contract, including such sums in respect of Clauses 35 and/or 36 herein, 15. Compliance with Instructions / variations. ‘The Sub-Contractor shall comply with all instructions issued by the Main Contractor, including any notice of defects during the Defects Liability Period as stated within Clause 24 hereunder, within three (3) days of the issuance thereof (or any extended/longer period as granted by the Mai s ano hw S|LaRef: PM91/LA/19/MBM/570 Sub-Contract Conditions Date: 6" December 2019 Contractor in writing). The Sub-Contractor shall also comply with the instructions of the Employer and/or their duly appointed representatives provided the same has been duly endorsed by the Main Contractor and the same shall have equal effect as the instructions of the Main Contractor. 15.1 If the Sub-Contractor fails to comply with any of the aforesaid instructions within the Period stipulated herein, the Main Contractor shall be entitled to execute the said part of the Sub-Contract works (or the rectification of any defects pursuant to Clause 24 below) pertaining to the instructions or employ any third party to execute the same irrespective of any rights, trade marks, patents, licenses etc that the Sub-Contractor may possess or hold ‘over the Sub-Contract works (or any part thereof). Alternatively, the Main Contractor, shall at its absolute discretion, supply additional work force as it may deem necessary to the Sub: Contractor to assist them to complete the work or to catch up with the work progress. 15.2 Further, all costs and expenses incurred and/or expanded by the Main Contractor and/or the said third party in connection therewith shall be deducted from monies due or to be due to the Sub-Contractor or recovered from him as a debt due without prejudice to any other rights available to the Main Contractor under this Sub-Contract and/or at law, 15.3 Variations issued by the Main Contractor shall be deemed to form part of this Sub Contract and shall not be regarded as vitiation thereof. The Sub-Contract Sum shall be adjusted accordingly to take into account of such variations. 16. Valuation of variations The valuation of variation shall be made in accordance with the following rules:~ (i) The prices in the Bills of Quantities shall determine the Valuation of Work of similar character ‘executed under similar conditions as work priced herein. The lowest price shall prevail. Where work is not of a similar character or executed under similar conditions the prices in the Bills of Quantities shall be the basis for valuation. The lowest price shall prevail. (iii) Where work cannot properly be measured and valued, the Sub-Contractor shall be allowed day-work-rates. No work shall be carried out on Day work basis except when ordered in writing by the Main Contractor. Only time actually spent on work will be allowed. A "Day" is considered to be a normal working day of eight (8) hours. Fraction of a day will be paid for on "Pro-rata® basis. 17. Employer's Requirements The Sub-Contractor shall have knowledge and be bound by all guidelines, policies, rules, regulations etc in relation to noise, environmental protection, quality assurance, occupational safety, logistics and site organization imposed by the Employer or any governmental authorities. In addition to other environmental protection guidelines, there shall be no open burning at site or anywhere within the vicinity of site. 18. Statutory Compliance The Sub-Contractor shall comply with all statutes, rules, regulations, directives, ordinances etc. currently in force and any amendments thereto issued by the government or any other competent authority at their own cost. Particular reference is brought to the following legislations, the list of which shall not be deemed exhaustive: (3) Occupational safety & Health Act (Act 514) 1994 and related regulations. (ii) Factory and Machinery Act (Act 139) and related regulations, (ii) Environmental Quality Act (Act 127) 1974, (iv) Guideline for the Public Safety and Health at Construction Sites issued by the Department of Occupational health and Safety, (v)_ Regulations issued by the Department of Health, (vi) Regulations 18 (Public Vehicular Traffic) of Bui 4/10 | jing Operations and Work of Engineering 1986.UARef: PM92/LA/19/MBIM/S70 Sub-Contract Conditions Date: 6% December 2019 (vii) Transport Ordinance 1958 (Ordinance 48). (vill) Clean Air Regulation 1978. (ix) Construction Industry Development Board (CIDB) Green Card programme for personnel at construction sites. 19. Compliance to Specifications The Sub-Contract Works shall be strictly carried out in accordance to the specifications and drawings provided or approved shop drawings by the Superintending Officer or Architect, and to the other terms and conditions as contained within the Sub-Contract Conditions herein. 20. Protection of Existing Works and Surrounding Areas 20.1 The Sub-Contractor shall be responsible for the necessary protection of all-existing works and services within the site and the surrounding area. The Main Contractor shall determine any disputes with respect to matters relating to these protections. 20.2 The Sub-Contractor shall immediately notify the Main Contractor of any existing services such as water pipes, electric cables, drainage, telecommunication cables, sewerage etc. which will be affected by the Sub-Contract works and shall provide necessary protection and supports to the same at his own expense, to the satisfaction of the Main Contractor. 21. Coordination The Sub-Contractor shall coordinate, interface and provide full cooperation to the Project Consultants, ‘other contractors employed by the Employer, Main Contractor or others who may be concurrently working on site or at its surrounding area, and the costs implications of which shall be deemed included in the Sub-Contract Sum. 22. Particulars of Labour (}) The Sub-Contractor shall submit particulars of workers employed at site to Main Contractor. The Sub-Contractor shall ensure prompt payment of all salaries, wages, allowances, EFF and ‘SOCSO contribution, levy, permit and all other charges associated with his workforce. (ii) All foreign workers employed by the Sub-Contractor and his subcontractors/sub-suppliers shall be lawfully employed, in accordance to the local laws pertaining to the employment of foreign workers. The Main Contractor shall not be held responsible or liable in anyway whatsoever for the unlawful employment of foreign workers nor for the apprehension of any illegal workers under the employment of the Sub-Contractor by any authority, and shall further be kept absolutely indemnified by the Sub-Contractor against any claim, proceeding, loss,, damages etc that may arise in the event of such unlawful employment of foreign workers by the Sub‘Contractor. 23. Sub-Contracting ‘The Sub-Contractor shall seek the approval of the Main Contractor prior to the sub-letting or assignment of any part of the Sub-Contract works. 24, Defects Liability Period ‘The Sub-Contract is subject to a Defects Liability Period which shall commence immediately upon the practical completion of the Sub-Contract Works and shall expire at end of the expiry of the Main Contract’s defects liability period which is as indicated in Appendix |. The Main Contractor not later than fourteen (14) days on expiration of the Defects Liability Period of Main Contract may issue a schedule of defects to the Sub-Contractor. The Sub-Contractor shall commence the rectification of the defects in a manner acceptable to the Main Contractor within 3 days from the date of notice of the said defect(s), and shall complete the said rectification works to the satisfaction of the Main Contractor within the period stipulated in writing by the Main Contractor. The Sub-Contractor shall rectify at his own costs all defects, damage, shrinkage and faults in the Sub Contract works whic!LARef: PM91/LA/19/MBM/S70 Sub-Contract Conditions Date: 25. 26. 27. 28. 6° December 2019 appears during this period. Termination by Default The Main Contractor may, without prejudice to any other rights or remedies which he may possess (including such of the Parties’ respective rights and obligations pursuant to these Sub-Contract Conditions that shall survive any termination of this Sub-Contract pursuant to the terms herein), at his sole discretion terminate the Sub-Contract by way of a written notice in the following event (a) If the Sub-Contractor shall by default due to any of the following: i) If without reasonable cause he wholly suspends the carrying out of the Sub-Contract works more than seven (7) days including rest day; ii) If he fails to proceed regularly and diligently with the Sub-Contract works; iii) If he refuses or persistently fails without reasonable or lawful excuse after notice in writing to comply with any instruction given by the Main Contractor; (b) If the Sub-Contractor commits an act of bankruptcy or makes or enters into any deed or arrangement or composition with his creditors or being a company enters into liquidation, whether compulsory or voluntary, except liquidation for purposes of reconstruction, or suffers or allows any execution, whether legal or equitable, to be levied on his fixed and/or floating property or obtained against him. () Where the Sub-Contractor assigned the benefits or any part of the works of this sub-contract to any third party with prior written consent being obtained first from the Main Contractor. Termination for Convenience In the event the Main Contract is terminated or any part of it is omitted by the Employer and/or the Main Contractor, such part of the Sub-Contract works affected shall be deemed terminated accordingly, and the Sub-Contractor shall be paid for the actual value of work and/or material procured less any previous payments and retention, without prejudice to any other rights available to the Main Contractor for any antecedent breaches on the Sub-Contractor’s part. There shall be no claim by the Sub-Contractor on grounds of loss of profits, economic loss or other damages, loss and /or expenses against the Main Contractor or the Employer. Rights and Liabilities 27.1 In the event of termination of the Sub-Contract as per Clause 25 and/or Clause 26, the Main Contractor shall be entitled to exercise their rights under Clauses 12 and 14 herein, without prejudice to any other rights available to the Main Contractor under this Sub- Contract and/or at law, and without derogation to the Sub-Contractor’s obligation to keep the Main Contractor absolutely indemnified pursuant to the terms herein, 27.2 The Parties’ respective rights and obligations under (though not limited to) Clauses 11, 12, 13, 14, 15, 17, 18, 22, 24, 28, 30, 33, 35 and 36 shall survive any determination of this Sub- Contract pursuant to the terms herein. Indemnity The Sub-Contractor shall indemnify and save the Main Contractor harmless against all losses, expenses, claims, damages, cost or proceedings suffered or incurred by the Main Contractor, Including for the infringement (if any) of such rights, trade marks, patents, licenses etc that the Sub: Contractor or any other party may possess or hold over the Sub-Contract works (or any part thereof) as a result of the default(s), action(s) and /or omission(s) of the Sub-Contractor or breach of the Sub-Contract or generally any other provisions contained in Letter of Acceptance and Appendices or the exercise by the Main Contractor of any of the Main Contractor's right within this Sub-Contract. The Sub-Contractor further agrees and undertakes to indemnify the,UARef: PM91/LA/19/MBIM/570 ‘Sub-Contract Conditions Date: 6 December 2019 Main Contractor for any breach by him which may result in the Main Contractor being in breach of the Main Contract provisions and/or any other rule or regulation, and thus becoming liable for any loss, damages or claims thereafter. 29. Confidentiality All information in relation to this Sub-Contract and the Main Contract shall be treated in the strictest confidence. The Sub-Contractor shall not divulge, communicate or allow information in respect thereof to any third party save for the proper execution and completion of the Sub-Contract. 30. Extension of Time Notwithstanding any provision contained herein, any entitlements or reasons for extension of time under the Sub-Contract shall be applied for by the Sub-Contractor and the same shall be evaluated and determined at the sole and absolute discretion of the Main Contractor. 31. Time Time, whenever mentioned herein shall be of the essence. 32. Arbitration Any disputes arising between the Main Contractor and the Sub-Contractor in connection with this Sub- Contract, in the absence of an amicable settlement, shall be referred to arbitration in accordance to the Arbitration Act 2005 and the Arbitration (amendment) Act 2011, including all related statutory modification or re-enactment of the Act at the Kuala Lumpur Regional Centre for Arbitration. 33, General Words importing singular only also include the perusal and vice-versa. Any reference to the Letter of ‘Acceptance shall include the Appendices included therein. 34, Liquidated and Ascertained Damages If the Sub-Contractor fails to complete the Sub-Contract Works by the Date of Completion (or any extended date hereof), Liquidated and Ascertained Damages (LAD) as per Appendix | shall be imposed on the Sub-Contractor for each calendar day or part thereof for any delay to the completion of the Sub-Contract Works, calculated for the period from the Date of Completion (or any duly extended date thereof) to the date of actual completion of the Sub-Contract Works. The LAD as per Appendix 1 is to be deemed to be the actual loss which the Main Contractor shall suffer in the event the Sub-Contractor is in breach of the Clause hereof, and the Sub-Contractor agrees to pay the same ‘without the need for the Main Contractor to prove his actual damage or loss. The lack of any notice of non-completion shall not be deemed to be a waiver of any of the Main Contractor's right and claims under this Sub-Contract. 35. Prime Cost Unit Rates 35.1 Prime Cost unit rates for materials wherever used in the Sub-Contract documents are for materials to be supplied by a firm to be nominated by the Employer or the Main Contractor and shall mean the cost of the material supplied and delivered to site inclusive of all taxes and duties and adjusted for trade discounts for the net quantity required to be fixed on site. ‘The Sub-Contractor shall use the Prime Cost unit rate provided and calculate his overall rate to insert against such item of measured works. Additional requirement for wastage, loss, entering into a contract of sale based on supplier's terms and conditions, price fluctuations, taking delivery, provision of sealants, sealing tape, mechanical fasteners, associated fixing plugs, adhesive bed and grouting, treatment including modification of form and_ shape, ancillary installation components, etc., labor for fixing, overheads, profits and any other charges shall be covered by the Sub-Contractor's overall rate for the item. 352 The Employer or the Main-Contractor shall, at his discretion, invite quotations for supply of materials for which Prime Cost unit rates are included In Sub-Contract documents. : biLARef: PM91/LA/19/MBM/S70 Sub-Contract Conditions Date: 6 December 2019 35.3 The Sub-Contractor shall procure from such Suppliers nominated to the Sub-Contractor by the Employer or Main Contractor materials at the prices, (after deducting all discounts) agreed between the Employer or the Main Contractor and the Suppliers. The Sub- Contractor shall procure and pay for sufficient extra quantities for materials to cater for all breakages, wastage, rectification of defects, and etc. 35.4 Notwithstanding anything to the contrary in the Sub-contract, the Sub-Contractor shall be absolutely responsible for all materials and goods delivered and supplied by the Suppliers, as if the materials supplied were done, carried out, affected and/or delivered and supplied by the Sub-Contractor. The Sub-Contractor shall be solely responsible for ensuring that the Suppliers shall at all times comply with each and every term and condition of the Sub-Contract and any breaches, defaults, acts of negligence and/or any delays caused or howsoever brought about by the Suppliers, their respective employees, agents and/or representatives shall be and is deemed to be a breach and/or default on the part of the Sub-Contractor. Provided always that in the event that any Supplier for Prime Cost unit rate materials shall be terminated or determined for any reason whatsoever (regardless of the reasons thereof) then a new Supplier shall be selected through the same tendering and award process administered by the Employer or the Main Contractor. 35.5 FURTHER PROVIDED ALWAYS that no extension of time shall be granted for any delay howsoever caused by or arising from a new Supplier however occurring or the subsequent re-tendering process thereof. 35.6 The quantities given for items with Prime Cost Unit rates are measured net from the drawings in accordance with the Standard Method of Measurement of Building Works (for use in Malaysia, Metric Edition) published by THE INSTITUTION OF SURVEYORS (MALAYSIA) and payment shall be made on net quantities as laid or installed. 35.7 In the course of execution for payment and settlement of the final account, the information furnished by the Sub-Contractor in the breakdown of tendered rates for items with Prime Cost unit rates shall be used to re-calculate the rates and final account rates in accordance with the following rules. i) The Prime Cost unit rates for supply and delivery shall be replaced by actual price fixed. ii) Constituents of the tendered rate based on percentages mark-up shall be re- calculated on the actual fixed price. iii) All other constituents of the tendered rate based on sum shall be added back without any adjustment 35.8 In the event of any discrepancy between the Sub-Contractor's overall rates for similar Prime Cost unit rate items in different sections or parts of these Sub- Contract documents, then the lowest rate shall prevail and shall be used for adjustment of Prime Cost rate items in the execution of payment and final account settlement. 35.9 Invoices from, or payments due or becoming due to, the suppliers for the supply of Prime Cost Unit Rate materials shall be deducted from payments made to the Sub- contractor. 36. Prime Costs and Provisional Sum 36.1 The term “Provisional Sum” shall mean a sum for work or for the supply of Equipment, materials or goods which cannot be entirely foreseen, defined or detailed at the time of execution of the Sub-Contract and such sum may be paid and expended at such times and in such amounts in favour of such persons as the Main-Contractor may direct. Such sum if not used either wholly or in part shall as to the amount not used is deducted from the Sub 8/10LARef: PM91/LA/19/MBM/570 Sub-Contract Conditions Date: 6 December 2019 Contract Sum. The value of the works which are executed by the Sub-Contractor in respect of the Provisional Sums shall be ascertained in accordance with Clause 16 (Valuation of Variation). At the settlement of the accounts the said value of such works executed by the Sub-Contractor shall be set off against all such Provisional Sums and the balance shall be added to or reduced or deducted from the Sub-Contract Sum as the case may be. 36.2 Any work to be executed, or Equipment, materials or goods to be supplied for which Provisional Sums are provided in the Sub-Contract Documents, may if the Main-Contractor so decides, be treated as Prime Costs Sum items and shall be dealt in accordance with Clause 35 or 36.3 (where applicable). 363° Where the Sub-Contractor in the ordinary course of his business directly carried out works for which Prime Cost Sums and Provisional Sums are provided in the Sub-Contract Documents and where such works are set out in the Appendix 1 and the Main Contractor is prepared to accept tenders from the Sub-Contractor for such works, the Sub- Contractor shall be permitted to tender for the same or any of them without prejudice to the Main-Contractor’s right to reject the lowest or any tender. If the tender of the Sub- Contractor for any work included in the Prime Cost Sums and Provisional Sums is accepted, such tender shall be held to include the profit and attendance charges, and the Sub: Contractor shall not be entitled to the profit and attendance charges, as contained in the Sub-Contract Documents, notwithstanding any provision to the contrary as stated herein, 37. Statement of Account & Statement of Final Account The Sub-Contractor shall submit to the Main Contractor within the period stated in Appendix 1 (or such extended time as the Nain Contractor shall in writing permit), the Statement of Account at the Practical Completion of Main Contract ("Statement of Account") and the Statement of Final Account in respect of the Sub-Contract works together with all particulars, details or information in support thereof, for verification. In the event the Sub-Contractor does not submit the Statement of Account within the said period, then the Main Contractor shall be empowered to accept that all claims and progress payments made pursuant to the Sub-Contract as stated in the Penultimate Claim are complete and final, save for retention as stipulated in Clause 12, and that there is no further claim for the above Sub-Contract works. 38. Drawings The Main-Contractor without charge to the Sub-Contractor shall provide him two copies of Construction Drawings including subsequent further issues during the currency of the contract. 39 Partial Occupation/Sectional Completion 391 If at any time before the whole of the Sub-Contract works have reached practical completion, the Employer may take possession of and occupy any part or parts of the same (any such part being hereinafter in this Clause referred to as "the Relevant Part’) ‘Then notwithstanding anything expressed or implied elsewhere in this Sub-Contract, the Relevant Part shall be deemed to have been practically completed on the date the Employer shall have taken possession and occupied thereof. 39.2 For the avoidance of doubt, the Defects Liability Period in respect of the Relevant Part shall commence from the date the Employer shall have taken possession and occupied thereof, and_the provisions within Clause 24 shall continue to have effect in respect of the same. 40, Statement of Final Quantities & Work Done In the event the Main Contractor so instructs, the Sub-Contractor shall complete and confirm a Statement of Final Quantities and Work Done (in a form as shall be pravided by the Main Contractor) at the practical completion of the Sub-Contract works, or at any other time as so instructed by the Main Contractor. End Of Sub-Contract Conditions ---~ 90PESONA METRO SDN BHD «>, | J "No. 39, Jalan SB Indah 1/19, Taman Sungai Bes! Inca, 43300 Seri Kembangan, Solangor Darut Ehsan. METRO Te: 03-8941 0818 Fax: 03-6041 0817 Email: pmsb@pesona.commy Website: wwnwpesona.com my PESO? Our Ref: PM91/LA/19/MBM/S69 Date 6" December 2019 MB MAJU CONSTRUCTION SDN BHD. No 97C (3° Floor), Batu 3, Jalan Klang Lama, 58000 Kuala Lumpur. Tel : 03-7983 8332 Attn: Mr, Alamin Dr. Abul Kalam (h/p : 016-610 5875) Director Dear Sir, CADANGAN PEMBANGUNAN BERCAMPUR YANG MENGANDUNGI: PARCEL B - PEMBANGUNAN PANGSAPURI 3 BLOK (734 UNIT): 1) BLOK A 38 TINGKAT ii) BLOK B 33 TINGKAT iii) BLOK C 33 TINGKAT TERMASUK 8 TINGKAT RUANG TEMPAT LETAK KERETA, SERTA RUANG PERNIAGAAN (6 UNIT) DAN 2 TINGKAT BESMEN TEMPAT LETAK KERETA DI ATAS P.T.68, P.T.69, P.T.70, P.T.71, P.1.75 (LOT LAMA DISEBAHAGIAN LOT 8617) (LOT LAMA LOT 4441), MUKIM KUALA LUMPUR, BANDARAYA KUALA LUMPUR UNTUK MRCB SEPUTEH LAND SDN. BHD. RE: LETTER OF ACCEPTANCE SUBCONTRACT FOR SUB-LABOUR TO BRICKWORK, PLASTERING AND CEMENT RENDER ~ RIVER VILLA AND TOWER A (“Scope of Works”) We refer to the above project and are pleased to award you the works for a Sum of Ringgit Malaysia: Seven Hundred Ten Thousand Three Hundred Twenty Three And Cents Fifty Only (RM 710,323.50) including Sales and Services Tax as per enclosed Bills of Quantities (as per Appendix A) with a total Completion Period of Sixteen and half (16.5) Months subject to. your agreement and acceptance of the following terms and conditions: 1. Scope of Works and Specification The scope of works to be carried out shall conform in all respect to the Drawings, Schedule of Works, Specification and all term and conditions as contained in the Tender Document. 2. Possession Of site The Date of Possession of Site shall be 15° December 2019. 3 Completion Period The Date of Completion for the whole of the Works shall be 30 April 2021. 4. Partial Handing Over As and when instructed by the Main Contractor, you shall hand over the section/sections completed.Our Ref: PM91/LA/19/MBM/S69 Date : 6" December 2019 5, Ligui d As Dama The Liquidated and Ascertained Damages (LAD) charges of RM360.00 (Ringgit Malaysia: Three Hundred Sixty Only) per calendar day (Inclusive of festival and public holidays) shall be imposed on you if you fail to complete the Sub-Contract Works by the Date of Completion (or any approved extended date thereof), or if any delay of arising from your works resulting in the delay of completion of other trades. 6 Form dition: tract The Form of Contract used in the Main Contract is PWD Form 203A (Rev. 1/2010) issued under the sanction of the Government of Malaysia. Notwithstanding the above, this Contract is based on Drawings and Specifications and the Form of Contract to be used shall be JKR Conditions of Contract. You shall observe, perform and comply with all the provisions of Main Contract on the part applicable to PESONA METRO SDN BHD in so far as they relate and apply to this Contract 7. Firm Price Contract The Sub-Contract is a Firm Price contract with provisional quantities and there shall be no claims for additional costs arising out of increase in the cost of materials, currency fluctuations, labour, plant, equipment, fuel, etc. All costs in relation to authority's contribution, levy, payment, customs restriction, quotas, duties, taxes, etc. are deemed to be included in the Sub-Contract sum. Any materials purchased, rental of equipment, or labour force/worker supplied by PESONA METRO SDN BHD on behalf of sub-contractor shall subject to two percent (2%) of administration charges. 8. Sub-Contract Program Notwithstanding the date of commencement, the sub-contractor shall submit the sub- contract work program immediately which shall in all respect tie in to the Main Contractor's program (Main Contract Program). Details of the Main Contract Program are available at the Main Contractor's site office of which the Sub-Contractor is deemed to read and have knowledge. The Main Contractor shall be entitled to revise the Sub-Contract Program to suit the Main Contract Program at their sole and absolute discretion and at terms to be ascertained and determined at such revised period. The Sub-Contractor shall comply and complete the Sub-Contract works strictly in accordance to the time allocated and approved by the Main Contractor in the Sub-Contract Program or any revisions thereto. ¢ 9. Site Personnel You shall provide and employ on the site for the purpose of the execution and maintenance of the works a competent and full time site and project management team throughout the duration of this Contract. You shall also submit the curriculum vitae and key authority scope of your key project/site personnel who are qualified, experienced and competent for bi ee PESONA METRO SDN BHD