SECTION N STANDARD FORM FOR BOND GUARANTEEAPPENDIX E1 BANK GUARANTEE FORM FOR PERFORMANCE BOND APPENDIX E1 BANK GUARANTEE FORM FOR PERFORMANCE BOND BANKER’S GUARANTEE FORM FOR PERFORMANCE BOND THIS AGREEMENT is made on the .. BETWEEN ee ” : . oe hereinafter called the “Guarantor’) of the one part and University Technology Mara hereinafter called the “Employer’) or the other part. day of WHEREAS (1) This agreement is supplemental to a contract hereinafter called the “Contract") dated the... day of 20... and Made between . (hereinafter called the “Contractor’) of the one part and the Employer of the other part whereby the Contractor agreed and undertook to CADANGAN KERJA-KERJA PEMBINAAN PUSAT KECEMERLANGAN PENGANGKUTAN MARA (MARA TRANSPORT EXCELLENT CENTRE (MTEC)) DI JELAPANG, PERAK. UNTUK TETUAN MAJLIS AMANAH RAKYAT (MARA). for a contract sum of Ringgit Malaysi i se (2) The Guarantor has agreed to guarantee the due performance of the Contract in the manner hereinafter appearing NOW the Guarantor hereby agrees with the Employer as follows:~ 1. If the Contractor (unless relieved from the performance by any clause of the contract or by statute or by the decision of a tribunal of competent jurisdiction) shall in any respect fail to execute the Contract or commit any breach of his obligations thereunder, then the Guarantor will indemnify the Employer against all losses, damages, costs and expenses which may be incurred by the Employer by reason of any default on the part of the Contractor in performing and observing the agreement and provisions on his part contained in the contract. Provided always that the liability of the Guarantor to indemnify the Employer as aforesaid shall be up to and not exceeding the sum of Ringgit Malaysia : ‘i . vo 2. The Guarantor further covenants and agrees that the Guarantor shall pay to the Employer on demand such sums as the Employer may certify being indemnification against any loss, damage, cost or expenses incurred by the Employer by reason or any default or Contract provided always that the total of sums so demanded shall not exceed the sum of RM. and that the Guarantor's liability to indemnify the Employer as aforesaid shall correspondingly be reduced proportionate to any demand having been made as aforesaid 3. The Guarantor shall not be discharged or released from this guarantee by any arrangement between the Guarantor and the Employer with or without the consent of the Guarantor or by any alteration in the obligations undertaken by the Contractor or by any forbearance whether as to payment, time, performance or otherwise, but the Guarantor shall be entitled to be informed of such arrangement or alterationAPPENDIX E1 BANK GUARANTEE FORM FOR PERFORMANCE BOND 4. This Guarantee shall be irrevocable and shall remain in force and affect until the issuance of Certificate of Practical Completion or the expiry of the Contract whichever is the later or in the case of the contract being determined one (1) calendar year after the date of determination and is a continuing guarantee, This agreement shall be irrevocable and shall initially remait force and effect unti...... = (hereinafter referred to as the “Initial Expiry Date’). The Guarantor shall upon the request of the Principal extend the Initial Expiry Date of this guarantee from the Initial expiry Date (hereinafter referred to as the "Extended Expiry Date”) and the Guarantee shall be so extended. 5. All whatsoever obligations and liabilities of the Guarantor under this Agreement on the Initial Expiry Date or the Extended Expiry Date as the case may be save to the extent that the Principal shall previously have called upon the Guarantor in writing to pay specified moneys payable under the Contract then remaining outstanding. 6. ALL CLAIMS IF ANY, IN RESPECT OF THIS GUARANTEE MUST BE RECEIVED BY THE BANK DURING THE VALIDITY PERIOD OF THIS GUARANTEE OR WITHIN FOUR WEEKS FROM THE EXPIRY DATE OF THIS GUARANTEE WHICHEVER IS THE LATER. inAPPENDIX E1 BANK GUARANTEE FORM FOR PERFORMANCE BOND IN WITNESS WHEREOF the parties hereto have hereunto set their hands the day and year first above written. Signed for and on behalf of the _). said Guarantor in the presence of : ) ) Name: ) Designation ) Banker's seal (Witness) Name Designation : Company's seal =... Banker's seal :.. Signed for and on behalf of the) Said Guarantor in the presence of: ) ) Name ) Designation ) Department's seal (Witness) Name Designation :: «SH = 7 SECTION P STANDARD FORM FOR ADVANCE PAYMENTAPPENDIX E2 BANK GUARANTEE FOR ADVANCE PAYMENT BANK GUARANTEE AGAINST ADVANCE PAYMENT QR WORKS, In consideration of Majlis Agama Islam dan Adat Melayu Negeri Perak (hereinafter called the “Client’) to make Advance Payment in accordance with the terms and conditions of a Contract formed pursuant to a Tender Advertisement made by the Client dated calling for Tenders by the __offers - seve (hereinafter called “the Contractor”) dated. and the acceptance thereof by the Client dated and subject to such new terms and conditions, if any, made by the Client and accepted by the Contractor on provided that if a Formal Contract is drawn up subsequently, in accordance with the terms and conditions of such Formal Contract for CADANGAN —KERJA-KERJA PEMBINAAN = PUSAT_-—-s KECEMERLANGAN. PENGANGKUTAN MARA (MARA TRANSPORT EXCELLENT CENTRE (MTEC)) DI JELAPANG, PERAK. UNTUK TETUAN MAJLIS AMANAH RAKYAT (MARA). . (State nature of works) (hereinafter referred to as “the Works"). We, the undersigned at the request of the Contractor, irrevocably undertake and guarantee to the Client that: (1) We shall pay to the Client free of interest, the sum of RM .......... sesceeeeee (Ringgit Malaysia: ) the Advance Payment mentioned above representing fifteen percent (15%) of the value of the said Contract Sum less Prime Cost, Provisional Sums and Contingencies (if any), or such part thereof as shall not have already been recovered by the Client pursuant to Clause 3 or 4 hereof and such sum shall be paid on the Client demand not withstanding any contestation or protest by the Contractor or by the ourselves or by any other third party. (2) Any concession or indulgence given by the Client to the Contractor or any agreement between the Client and the Contractor or any alteration in the obligation undertaken by the Contractor or any forbearance given by the Employer to the Contractor whether as to payment, time, performance or otherwise shall not discharge us from this Guarantee but we shall be entitled to be informed of such arrangements or alterations. (3) Subject to Clause 4, our responsibilty for paying the sum of RM a (Ringgit Malaysia......... wo) shall be automatically reduce by the amount or amounts of any payments made by us to the Client in respect of this Guarantee. (4) The said sum we guarantee to pay to the Client shall be reduced automatically in proportion to deductions made by the Client out of the Progress Payments due to the Contractor for repayment of the Advance Payment so made. This guarantee shall be cancelled immediately after the whole of the Advance Payment has been realized through payments due to the Contractor, or after the expiry of the period mentioned in Clause 5, whichever is the earlier. Claims, if any, must be received by the Guarantor within the period of the Guarantee. AP 112APPENDIX E2 BANK GUARANTEE FOR ADVANCE PAYMENT (8) This Guarantee will be expired at the end of one Calendar year after the completion date for the Works as stated in the Contract or any authorized extension thereof or after the determination of the Contract, whichever is the earlier. Claims, if any, must be received by the Guarantor within the period of the Guarantee. Given under our hand this Day of 20. signed for and behalf of the Guarantor. Signature : Name Designation : Bank In the presence of Name Designation : AP 212SECTION QO SCHEDULE OF DAYWORK RATESRATES DAYWORKS GENERAL. The Daywork Schedule is provided for the valuation of work executed on a daywork basis pursuant to Clause 11 of the No work shall be carried out as daywork except on the written order of the $.0. ‘The Contract Rates in the Daywork Schedule shall apply up to the date of expiry of the latest Period of Maintenance. The Daywork Rates entered hereunder and agreed by the S.0. shall not be further subjected to the fifteen percent addition as stipulated in Clause 11(4) of the Condition of Contract. ‘The rates inserted by the Contractor shall be realistic rates in conformity with those on which his tender has been based, and shall be based on conditions prevailing at the time of tender but bearing in mind that the claims for escalation will not be entertained. LABOUR iti) For the purpose of payment of daywork, labour shall be grouped into classes contained in the Daywork Schedule and the classes shall have the meanings assigned to them therein, Provided that if the Contractor employs 2 man on daywork of lower Classification than that for which the man is qualified then in respect of such a man the Contractor will be paid only at the Contractor Rate for the lower classification. The Contract Rates for the various classes of labour in the Daywork Schedule shall cover, all the Contractor's obligations in providing and maintaining such labour at the place of work including wages, payment for conditions and for skill, bonus, traveling, subsistence allowance and expenses, watching and lighting, insurances of all kinds, site supervisions, administration and welfare charges, the use and maintenance of protective clothing, the use and maintenance of staging, scaffolding, portable electric tools, non-mechanical plant and hand tools or every kind, overhead profit and all incidental expenses. ‘The time of gangers or charge-hands working with their gangs will be paid for at the rate of "ganger” but the cost of supervision foreman and walking-gangers shall be deemed to be included under site supervision.RATES LABOUR (cont'd) w) vi) If overtime on work being carried out by dayworks is authorised by the S.0. the Contractor shall be paid for such overtime in the proportion as it is properly paid to the workmen. Thus, ifa man works for ten hours which he is paid eleven hours, the Contractor shall be paid eleven hours (ie, 1.375 days) for such a man. Payment for labour on dayworks ordered by the S.0. will be made at the daywork rates contained in the Schedule for each category of labour for the actual time spent by that labour at the place of work, The time spent in travelling to and from the place of work and in breaks for meals, rest or other purposes will not be included in the time measured for payment, The rates for labour are for units of mandays and a day shall be deemed to relate to a working day of eight (8) hours. Any lesser time shall be paid for proportionately. PLANTS. ili) wy) ‘The Contract Rates for plant in the Daywork schedule shall apply to all plant whether belonging to the Contractor or hired by him and shall cover all the Contractor's obligations whatsoever in providing and maintaining such plant at the place of work including all fuel and lubricants, all ancillary equipment necessary for efficient operation and use of the plant, overheads and profits but excluding operators. Payment for plant on daywork will be limited to items listed the Daywork Schedule or added thereto by the Contractor when tendering, unless otherwise agreed by the S.0. ‘The Contract Rates for plant shall apply both to plant which is already available at Site and to plant brought to Site especially for daywork but in the latter case the Contractor shall be paid reasonably costs incurred in transporting such plant to and from the Site. Payment for plant on dayworks ordered by the S.0. will be made at the daywork rates contained in the Schedule for each category of plant for the actual time spent by that plant performing work at the place of work. Time spent in travelling to and from the place of work and in waiting at the place of work will not be included in the time measured for payment; except that the time spent by the operator at the place of work shall be paid in accordance with sub-clause (v) of Clause 2 of this Schedule, Before a Contract is signed the Tenderer shall be required to justify the Daywork rates tendered by him if requested by the Employer or the S.0.RATES DAYWORKS (CONT'D) ITEM DESCRIPTION UNIT No. DAYWORK RATE (RM) FOR NORMAL FOR OVERTIME LABOUR 1. | General Labour Manday 2. | Ganger (or charge-hand) Manday 3. | Lorry Driver Manday 4. | Plant Operator (Major Plant) Manday 5. | Carpenter Manday 6, | Concrete Worker Manday 7, | Bitumen Worker Manday 8, | Fitter Manday 9, | Pipelayer Manday 10. | Painter Manday 11, | Steel Fixer Manday 12. | Welder Manday 13. | Pneumatic Tool Operator Manday 14. | Bricklayer Manday 15. | Electrician Manday 16. | Surveyor Manday 17 | Chairman MandayRATES DAYWORKS (CONT'D) DESCRIPTION UNIT | DAYWORK RATE (RM) PLANT 1. | Drag Line 3 cuyd. Hour 2. | Agriculture Tractor 50 h.p. Hour 3. | Grader Cat 112F or equivalent Hour 4. | Bulldozer Cat D6C or equivalent Hour 5. | Trucks tipping 8 - 10 tons payload Hour 6. | Trucks Dump 8- 10 cuyd Hour 7. | Trucks Dump 12 - 15 cud. Hour 8, | Truck Flat Bed 30 cwt, Hour 9. | Truck Flat Bed 3 - 5 tons payload Hour 10. | Truck Flat Bed 7 tons payload Hour 11, | Low Leader 40 tons payload Hour 12, | Water Tanker - self propelled Hour 13, | Front End Wheeled Loader 1 1/2 cuyd. Hour 14, | Front End Wheeled Loader 3 cuyd Hour 15. | Front End Wheeled Loader 1 1/2 cuyd. with backhoe | Hour attachment 16. | Steel Wheeled Roller 5 - 7 tons Hour 17. | Steel Wheeled Roller 10 - 12 tons Hour 18, | Self Propelled Vibratory Roller 15 tons compaction Hour forceRATES DAYWORKS (CONT'D) TTEM DESCRIPTION UNIT | DAYWORK No. RATE (RM) PLANT 19. | Drawn Vibratory Roller 15 tons compaction force Hour 20. | Pneumatic Tyred Roller 7 - 14 tons Hour 21, | Portable Air Compressor 370 cfm Hour 22, | Portable Air Compressor 600 cfm Hour 23, | Rock Drills 4 inch air tower crawler rig Hour 24, | Water Pump Hour 25, | Mobile Crane 5 tons Hour 26. | Mobile Crane 10 tons Hour 27. | Mobile Crane 20 tons Hour 28. | Mobile Crane 5 1/2 tons Hour 29. | Arc Welder, portable Hour 30. | Pneumatic Jackhammer Hour 31, | Portable Compactor HourRATES DAYWORKS (CONT'D) The Daywork Rates for plant other than that listed in the above schedule which the Contractor expects to have available on the work shall be listed in the table below. ITEM DESCRIPTION UNIT | DAYWORK No. RATE (RM) Signature For behalf of Address Date