ENGAGEMENT AGREEMENT
FOR THE PROFESSIONAL SERVICES
BETWEEN
[ ]
AND
[ ]
FOR
[ ]
TABLE OF CONTENTS
Clause Contents Page
1. APPOINTMENT OF CONSULTING ENGINEER Page 4
2. SERVICES AND DUTIES Page 5
3. CARE AND DILIGENCE Page 5
4. CO-ORDINATION Page 5
5. AUTHORITY Page 6
6. DESIGN BRIEF AND CALCULATION Page 6
7. ESTIMATE OF COST & QUANTITY Page 6
8. CO-ORDINATED DRAWINGS Page 6
9. PRINCIPAL AND AUTHORISED DEPUTY Page 7
10. PROGRESS OF WORK Page 7
11. QUALITY AND SUPERVISION ON SITE Page 7
12. RESIDENT STAFF Page 8
13. DEFECTIVE WORK Page 8
14. DEFECT LIABILITY PERIOD Page 8
15. EXTENSION OF TIME AND LIQUIDATED ASCERTAINED DAMAGES…Page 9
16. CERTIFICATE OF PRACTICAL COMPLETION Page 9
17. PRINTING OF DRAWING Page 9
18. CONFIDENTIALITY OF DOCUMENT Page 10
19. DECLARATION OF INTEREST Page 10
20. CONSULTING ENGINEER’S REMUNERATION Page 10
21. OBLIGATION OF EMPLOYER Page 12
22. NEGLIGENCE Page 12
23. ADDITIONAL/ABORTIVE WORK Page 12
24. ASSIGNMENT Page 13
25. TERMINATION OF SERVICES Page 13
26. OWNERSHIP OF DOCUMENTS AND COPYRIGHT Page 15
27. REIMBURSABLE EXPENSES Page 15
28. INTERPRETATION Page 16
29. DISPUTES Page 17
30. NOTICE Page 17
THIS AGREEMENT is made this day of ……
BETWEEN
……… a private limited company incorporated in Malaysia and having its address at …….. (hereinafter called the “Employer”) of the one part]
AND
…….. a private limited company and having its address at …….. (hereinafter called the “Consulting Engineer”) of the other part].
WHEREAS
(A) The Employer is desirous of developing [a scheme of development (hereinafter called the “Project”) within the mixed development on the land held under……….. The site of the Project is demarcated in red in the plan shown in Annex A.
(B) The Employer wishes to appoint a consulting engineer to provide services for the design and completion of civil work of the Project for road, drainage, sewerage and water supply reticulation (hereinafter called the “Work”).
(C) The Consulting Engineer has extensive expertise and experience in the design and completion of civil work.
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:?
1. APPOINTMENT OF CONSULTING ENGINEER
1.01 The Employer hereby appoints the Consulting Engineer and the Consulting Engineer accepts the said appointment for the consideration and upon the terms and conditions hereinafter set forth.
2. SERVICES AND DUTIES
2.01 The services and duties to be performed at each stage by the Consulting Engineer in addition to the normal services to be rendered by a Consulting Engineer in the course of planning, designing, obtaining approval, supervision of construction and effective completion of the Work shall include, inter alia, those more particularly set out in Annex C attached hereto which shall be read with and shall form part of this Agreement.
2.02 Upon issuance of Certificate of Practical Completion, the Consulting Engineer is to inform the contractor in writing to submit all variation order claim within six (6) months from the date of Certificate of Practical Completion (hereinafter called the “Final Account Period”).
2.03 Upon expiry of the Final Account Period, the Consulting Engineer is to submit the Statement of Final Account to the Employer for his approval.
2.04 The Consulting Engineer is to certify that the measurement of final account as prepared by the Quantity Surveyor employed by the Employer has been executed correctly and is in accordance to the construction drawings and Engineer’s Instruction.
2.05 The Consulting Engineer is to submit the provisional variation order cost to the Employer not later than three (3) days from the date of issue of Engineer’s Instruction.
3. CARE AND DILIGENCE
3.01 The Consulting Engineer shall carry out his services, duties, responsibilities and functions hereby created with due care, skill and diligence as reasonably expected and accepted of a consulting engineer in his profession utilising modern methods of technical and professional procedures as to promote the earliest, most cost efficient completion of the Work.
4. CO?ORDINATION
4.01 The Consulting Engineer shall be responsible for liaising and coordinating with the mechanical and electrical engineer for the coordination of the electrical and telephone services work.
5. AUTHORITY
5.01 The Consulting Engineer may authorise changes in design and issue instructions if they are necessary for constructional reasons provided that prior notification thereof shall have been given to the Architect and the Employer.
5.02 Except as provided in Clause 5.01, the Consulting Engineer may only deviate from or alter the approved design, or issue instructions which will affect the cost and conditions of the construction contract with the prior consent of the Employer.
5.03 The Consulting Engineer shall not issue any instruction or variation order after the completion date whether contracted, extended or anticipated but before practical completion that may cause time to become at large and/or render liquidated damages no longer enforceable.
5.04 In the issuance of all instructions for variations, the Consulting Engineer shall seek the approval in writing of the Employer in the form shown in Annex B. Any approval given by the Employer shall be without prejudice to the right of the Employer contained herein.
6. DESIGN BRIEF AND CALCULATION
6.01 The Consulting Engineer shall furnish at no charge to the Employer a complete set of design brief and design calculation when requested.
7. ESTIMATE OF COST & QUANTITY
7.01 The Consulting Engineer shall exercise all reasonable care and skill in providing quantity of works (eg. steel and concrete), brief specifications and all other assumptions under his care to the Quantity Surveyor for the preparation of estimate of cost.
7.02 If the quantity of works (eg. steel and concrete) is in excess of the requirement by independent calculation check, the Employer shall be entitled to deduct from the professional fee an amount equivalent to the cost of the excess quantity of works.
8. CO?ORDINATED DRAWINGS
8.01 The Consulting Engineer shall be responsible for the production of all co?ordinated drawings of the civil work in relation to the electrical and other services works.
9. PRINCIPAL AND AUTHORISED DEPUTY
9.01 All meetings shall be attended to and all correspondence, drawings and whatsoever documents shall be signed by the Senior Principal or his authorised representative approved by the Employer. Prior to commencement of work the Consulting Engineer shall nominate the principal Consulting Engineer and his authorised deputy for the Employer’s approval. The principal Consulting Engineer and his approved deputy shall not be changed subsequently without the consent of the Employer.
10. PROGRESS OF WORK
10.01 The Consulting Engineer shall maintain close liaison with the Employer and the other consultants engaged for the Project in order to constantly advise and inform them of the progress and other details of the Work.
10.02 In the event the Consulting Engineer fails to meet the schedule of the Consulting Engineer’s work as shown in the work programme that has been mutually agreed among the Employer, the Consulting Engineer and other consultants without any valid reasons, and if his failure has caused delay to the progress of the Project, then the Employer is entitled to impose a penalty of 0.5% of the professional fees of the stage per day for the stage of work that is delayed. “PROVIDED ALWAYS THAT in the event that any such delays are occasioned by any act or event of force majeure or are not due to any omission or neglect on the part of the Consulting Engineer their servants or agents, the Employer shall grant to the Consulting Engineer such extension as shall be reasonable and necessary to enable the Consulting Engineer to complete any such works thereon”.
11. QUALITY AND SUPERVISION ON SITE
11.01 Prior to commencement of work, the Consulting Engineer shall review the Contractor’s Project Quality Plan and the subsequent Sectional Quality Plan to ensure the latter’s planning, resources allocation and work method statement are suitable as well as effective to produce quality works and to achieve the contractual target.
11.02 The Consulting Engineer shall supervise and inspect the Work at such periodic intervals as the Consulting Engineer may consider necessary to satisfy the Consulting Engineer that the Work is being executed in accordance with the building contract and compliance to quality plans PROVIDED ALWAYS that each of such periodic intervals shall not be more than two (2) weeks each.
12. RESIDENT STAFF
12.01 The Employer shall be entitled to nominate all engineering resident staff for the supervision of the Work subject to acceptance by the Consulting Engineer. The resident staff shall be seconded to the Consulting Engineer for the duration of the Work. The Consulting Engineer shall be responsible for directing and instructing the resident staff.
12.02 The Consulting Engineer shall be entitled to recommend removal of any resident staff who are nominated by the Employer if such staff are found not responsible to the direction and instruction of the Consulting Engineer in the supervision of the Works.
12.03 The salary of all site supervisory staff, if seconded from the Consulting Engineer’s office, shall be at 1.7 times the basic salary and no other allowance whatsoever is allowed.
13. DEFECTIVE WORK
13.01 The Consulting Engineer shall not certify value of any work that is not constructed in accordance with the contract however small for payment to the contractor. This shall include defective works highlighted by the Employer in the form of Non-Conformance Report (NCR). The Consulting Engineer shall issue instruction following the issuance of single NCR or a cumulative of NCRs after verifying the validity the non-conformities contained hereof.
13.02 The Consulting Engineer shall submit to the Employer, a summary of the unsatisfactory work and the value deducted when issuing payment certificates to the contractor.
14. DEFECT LIABILITY PERIOD
14.01 The Consulting Engineer shall check and advise on defects arising during the defect liability period. For purpose of this Agreement, the defect liability period shall be a period of eighteen (18) months or the period specified in the Sales And Purchase Agreement signed between Employer and purchaser whichever is longer, commencing from the date of practical completion.
14.02 It is hereby agreed that the defect liability period provided for in any construction contract is intended for rectification of defects arising during the defect liability period and not for defects occurred before the defect liability period.
14.03 Any defect however small noted to have occurred before the defect liability period must be rectified before the certificate of practical completion can be issued.
15. EXTENSION OF TIME AND LIQUIDATED ASCERTAINED DAMAGES
15.01 The Consulting Engineer is to refer to the Employer for comments on all contractual matters of all the construction contract in particular in the extension of time and liquidated and ascertained damages before informing the contractor.
16. CERTIFICATE OF PRACTICAL COMPLETION
16.01 The Consulting Engineer shall only recommend and/or issue certificate of practical completion for the construction contract to the contractor after:?
a. carrying out joint inspection with representatives of the Employer, the clerk?of?works and/or resident engineer;
b. any outstanding works, unsatisfactory workmanship, recorded during and before the joint inspection has been rectified;
c. all other requirements stipulated in the Certificate of Practical Completion Checklist (refer to ANNEX G); and
d. giving recommendation in writing to the Employer.
No certificate of practical completion shall be back?dated.
17. PRINTING OF DRAWING
17.01 The Consulting Engineer shall provide the following drawings and documents in the form of hard copy and electronic media, at the various stages of the Work at no charge:?
a. One (1) set of drawing and any other documents to the Employer for reference and record;
b. one (1) set of drawing and any other information to the Architect and other consultants engaged for the Project for reference
c. One (1) set of drawing, contract document and other information to resident staff for supervision of construction;
d. All drawings, documents and any materials required for submission to the Authorities;
e. Two (2) sets of drawings including shop drawings (if any) of the completed work showing the Work as built; and
f. One (1) set of all approved drawings from the Authorities.
18. CONFIDENTIALITY OF DOCUMENT
18.01 The Consulting Engineer shall not divulge any confidential information communicated to or acquired by him in the course of carrying out the work, duties and obligations under the terms of this Agreement, nor shall the Consulting Engineer use such information on other projects without the prior written approval of the Employer.
19. DECLARATION OF INTEREST
19.01 The Consulting Engineer shall not have any direct or indirect interests in any of the construction contracts for the Project which is the subject of this Agreement.
19.02 Except as the Employer shall otherwise specifically agree in writing, the Consulting Engineer shall not permit his staff or subsidiary or associates to engage in any activities related to the Project other than the specified professional service.
20. CONSULTING ENGINEER’S REMUNERATION
20.01 The Consulting Engineer shall be paid a fee equivalent to [ in words ] per centum ( %) of the final construction cost of the Work. The final construction cost is defined as follows:?
a. For completed work, the construction cost for the civil work as prepared by the quantity surveyor engaged for the Project in the final account between the Employer and contractor engaged for the Project;
b. For work tendered but not awarded, the lowest acceptable tender received less contingency sum, prime cost or provisional sums for which no design work has been undertaken; and
c. For work where tenders have not been received, the latest estimate of costs prepared by the quantity surveyor and accepted by the Employer less contingency sum, prime cost or provisional sums for which no design work have been undertaken.
20.02 Payments to the Consulting Engineer shall be paid within thirty (30) days of receipt of the bill spread over the period of the entire Work to final account and end of the defect liability period in accordance with the schedule of payments in Annex D subject to satisfactory performance of and compliance of the services and duties of the Consulting Engineer provided herein.
20.03 The payment for contract administration shall be by way of instalments based on the nett value of work as certified over the contract administration period (including extension of time, if any).
20.04 No additional fee shall be due or payable to the Consulting Engineer in the event of any delay in the progress or completion of the Project for any reason whatsoever.
20.05 If the Employer shall fail to pay the professional fee due in this Agreement in accordance to Clause 20.02, the Consulting Engineer shall serve a written notice to the Employer and on expiry of a thirty (30) day upon receipt of this written notice the Consulting Engineer shall be entitled to suspend further services at any time and to continue the suspension until the professional fee due has been paid.
21. OBLIGATION OF EMPLOYER
21.01 The Employer shall supply to the Consulting Engineer without charge and within a reasonable time, all necessary and relevant data and information in the possession of the Employer and shall give such assistance as shall reasonably be required by the Consulting Engineer in the performance of his professional services under this Agreement.
21.02 The Employer shall give his decision on all sketches, drawings, reports, recommendations, tender documents and other matters properly referred to him by the Consulting Engineer in such reasonable time as not to delay or disrupt the performance by the Consulting Engineer of his professional service under this Agreement.
22. NEGLIGENCE
22.01 In the event of any variations or rectifications made necessary due to the negligence or default on the part of the Consulting Engineer, its servants or agents, the Consulting Engineer shall not be entitled to any fees for carrying out any rectification work involving new drawings and amendments. Provided that this clause shall not constitute a waiver of the Employer’s right to default as aforesaid.
23. ADDITIONAL/ABORTIVE WORK
23.01 The Consulting Engineer shall from time to time on the instructions of the Employer, carry out additional work involving amendments to drawings or documents, submission and liaison with the relevant Authorities for approval and other work in connection with the Work. Prior to such additional or extra work being carried out, the Consulting Engineer shall within two (2) weeks of being instructed, write to the Employer stating that such work is additional or extra work and the estimated fee to be paid and the manner or payment in respect of such work shall be agreed to before the commencement of any such additional or extra work.
23.02 In the event that the Consulting Engineer shall fail to write to the Employer within the abovesaid two (2) weeks stating that such work is additional or extra work, any such work is deemed to be not additional or extra work but part of the normal services to be rendered and the Consulting Engineer shall not be entitled to any fees in respect of such work.
23.03 Abortive work is defined as work carried out in the detailed design by the Consulting Engineer and accepted by the Employer and subsequently abandoned upon the instruction of the Employer.
23.04 For abortive work, the Consulting Engineer shall be paid a fee based on the percentage of the work completed in proportion to the stage of work as defined in Annex D.
24. ASSIGNMENT
24.01 The Consulting Engineer shall not, without the consent in writing of the Employer, assign the benefit or in any way transfer the obligations of this Agreement or any part thereof.
24.02 If at any time before the completion of the Project the land on which the Project is proposed to be developed is to be sold, then in such event:?
a. The Employer shall not be liable under any circumstances whatsoever to pay to the Consulting Engineer any remuneration hereunder or any other payment or monies if this agreement is assigned by the Employer to the purchaser of the Project and the Employer’s liability to pay to the Consulting Engineer under this agreement shall be deemed to have ceased on the date of the assignment provided the Employer has paid all fees and any other expenses payable up to the date of assignment in accordance to Annex D; or
b. If the purchaser of the Project rejects or declines to accept an assignment of this contract from the Employer, the Employer shall only be liable to pay to the Consulting Engineer remuneration up to the date when the Project is sold and the service of this contract is deemed terminated and the treatment of termination procedures is more specifically provided in Sections 25.03, 25.04 and 25.05.
25. TERMINATION OF SERVICES
25.01 In the event of the failure of the Employer to comply with any of his obligations under this Agreement, or disregard the professional advice of the Consulting Engineer such as to prevent or unreasonably impede the carrying out by the Consulting Engineer of his professional services under this Agreement, the Consulting Engineer shall promptly notify the Employer in writing of the occurrence of such situation and give the Employer thirty (30) days notice in writing to rectify the situation. At the expiry of the thirty (30) days notice and if the Employer fails to take any steps to rectify the situation then the Consulting Engineer may upon not less than sixty (60) days notice in writing to the Employer terminate his engagement under this Agreement.
25.02 The Employer shall be entitled to terminate this Agreement by the Consulting Engineer sixty (60) days notice in writing without assigning any reason.
25.03 Upon the service of the termination notice as set out in Clauses 24.02, 25.01 and 25.02 above, the Consulting Engineer shall within thirty (30) days of the notice prepare and deliver to a firm of solicitors to be appointed by the Employer (hereinafter called the “Solicitor”) free of charge the following:?
a. all original statutory approved plans and drawing, one set of detailed handing?over notes (outlining the current status of work in progress and outstanding including status of submission to authorities for approval, etc), one set of intermediate tracing of all plans and drawings, one set of contract document, site records and reports, site instructions, notes, minutes, correspondence and all documents whatsoever related to the Project;
b. the claim for the sum of money representing the balance of fees due and payable to the Consulting Engineer calculated in accordance with the schedule of payment in Annex D (hereinafter referred to as the “Balance Fee”);
c. all the necessary letters of release in such form and containing such terms as shall be necessary and sufficient to enable the Employer to appoint another consulting engineer; and
d. all other letters as required by the Authorities in particular a letter notifying the Authorities of the termination of the services, acknowledging an appointment of a new consulting engineer by the Employer for the Project and declaring full assumption of responsibilities and liabilities for all the designs done and work constructed up to the date of completion of termination exercise as provided herein Clauses 24 and 25.
25.04 Upon the service of the notice of termination as set out in Clauses 24.02, 25.01 and 25.02 and due compliance of Clause 25.03, the Employer shall, within sixty (60) days of the notice deliver and deposit with the Solicitor, the Balance Fee.
25.05 Upon the due compliance of Clauses 25.03 and 25.04, the Solicitor shall release the Balance Fee to the Consulting Engineer and the documents and letters as mentioned in Clause 25.03 to the Employer.
26. OWNERSHIP OF DOCUMENTS AND COPYRIGHT
26.01 Pursuant to the Copyright Act 1969, copyright of all drawings and specifications shall remain the property of the Consulting Engineer. Notwithstanding the provisions relating to the additional/abortive works, assignment of agreement, termination of services as hereinbefore provided, the Consulting Engineer and the Employer here expressly agree that PROVIDED ALWAYS the Employer has paid all fees due to the Consulting Engineer in accordance to the provision of this agreement for work done and services rendered, all plans, designs, sketches, drawings, diagrams, models and all other documents and materials produced or used shall pass to the Employer and the Employer shall be entitled to utilize the aforesaid materials in connection with the Project only. This entitlement to utilize the such materials shall be applicable to modification of the plans, maintenance, repair, renewal, reinstatement and modification of the product.
26.02 The Employer shall be permitted to retain and use copies including reproducible copies, of all drawings and specifications and all other documents and materials produced by the Consulting Engineer.
26.03 Plans, designs, sketches, drawings, diagrams, specifications, models or other documents and materials produced or used in connection with the Project by the Consulting Engineer herein are prepared for the Employer only for which the copyright thereof shall vest in. The Consulting Engineer shall not reproduce such materials for use in other projects without the prior written consent of the Employer.
27. REIMBURSABLE EXPENSES
27.01 No others save the following are reimbursable expenses:?
a. Expenses incurred in connection with advertisement of tender notices and resident site staff (if any) required for the work; and
b. Printing costs (subject to Clauses 17.01 and 27.02) at the following agreed costs:?
i. Ammonia paper print of A1 size ? RM 1.50
ii. Linen sheet of A1 size ? RM 8.50
iii. Ammonia paper print of A0 size ? RM 3.00
iv. Linen sheet of A0 size ? RM 17.00
v. Photocopy cost of A4 size ? RM 0.10
vi. Photocopy cost of A3 size ? RM 0.30
27.02 The Employer shall pay for the following drawings and documents:?
a. Drawings and printing cost for the tender and contract documentation; and
b. Drawings issued due to change in design at the request of the Employer after final design has been accepted by the Employer.
27.03 Reimbursable expenses shall be reimbursed net to the Consulting Engineer within thirty (30) days upon the production of the Consulting Engineer’s account and expenses bills to the Employer PROVIDED ALWAYS that prior approval in writing from the Employer must be obtained for any expenses or series of expenses in excess of Ringgit Malaysia …………
28. INTERPRETATION
28.01 Any question arising out of these Conditions of Engagement may be referred by the Employer or the Consulting Engineer to the Institution of Engineers, Malaysia for clarification or interpretation at any time provided always that any difference or dispute between them shall be determined in accordance with Clause 29.
28.02 The rights of the Employer in relation to this Agreement (whether arising under this Agreement or under the general law) shall not be capable of being waived or varied otherwise than by an express waiver or variation in writing; and in particular any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such rights; any defective or partial exercise of any such rights shall not preclude any other or further exercise of that or any other such rights; and no act or course of conduct or negotiation on its part or on its behalf shall in any way preclude it from exercising any such rights or constitute a suspension or any variation of any such right.
28.03 If any of the provisions of this Agreement becomes invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provision shall not in any way be affected or impaired.
29. DISPUTES
29.01 Any matters or disputes shall in accordance with and subject to the provisions of the Arbitration Act, 1952 or any statutory modification or re?enactment thereof for the time being in force be referred to two (2) arbitrators (one to be appointed by each party to the dispute or difference) who shall by instrument in writing appoint an umpire immediately after they are themselves appointed. If either party shall refuse or neglect to appoint an arbitrator for seven (7) clear days after the other party having appointed his arbitrators has served the party making default with notice to make the appointment the party who has appointed the arbitrator shall be entitled to appoint that arbitrator to act as sole umpire in the reference. Upon every or any such reference the umpire shall has power to determine on the disputes that are being referred to them and their decision shall be accepted by both parties hereto as final.
29.02 Notwithstanding Clause 29.01, upon the agreement of both the Employer and the Consulting Engineer, the parties may refer their disputes as to any matter arising out of or in connection with this agreement to a mediator. The appointment of the mediator shall be mutually agreed upon by both parties.
30. NOTICE
30.01 Every notice shall be in writing and shall be deemed to be sufficiently served if posted to the other party under registered cover or left at the respective addresses of the parties hereto.
IN WITNESS WHEREOF the parties hereto have hereunto set their respective hands the day and year first abovewritten.
SIGNED by )
for and on behalf of )
)
in the presence of:? )
SIGNED by )
for and on behalf of )
)
in the presence of:? )
ANNEX A
SITE PLAN
ANNEX B
Consulting Architect/Engineer’s Instruction Approval
ANNEX C
SERVICES AND DUTIES OF THE CONSULTING ENGINEER
onsulting Engineer at this include:?
1. PRELIMINARY DESIGN STAGE
The professional services to be provided by the Consulting Engineer at this include:?
a. Investigating data and information relevant to the Work and considering any reports relating to the work;
b. Advising the Employer on making any further topographical survey of the proposed site of the Work which may be necessary to supplement available topographical information;
c. Advising the Employer on the need to carry out any geotechnical investigation which may be necessary to supplement the available geotechnical information, arranging for such investigation, certifying the amount of any payments to be made by the Employer to the persons, firms or companies carrying out such investigation under the Consulting Engineer’s direction and advising the Employer on the results of such investigation;
d. Advising the Employer on the need for arrangements to be made for the carrying out of special surveys, special investigations or model tests and advising the Employer of the results of any such surveys, investigations or tests carried out;
e. Consulting any local or other approving authorities on matters of principle in connection with the engineering design and approval of the Work;
f. Consulting the architect appointed by the Employer in connection with the architectural treatment of the Work;
g. Preparing such reports and documents as are reasonably necessary to enable the Employer to consider the Consulting Engineer’s proposals, including alternative proposals for the construction of the Work in the light of the investigations carried out by him at this stage and to enable the Employer to apply for approval in principle for the execution of the Work in accordance with such proposals from the appropriate authorities;
h. Providing sufficient preliminary information regarding the Work to enable the Employer or the architect to prepare architectural sketch plans and other consultants engaged in the Project to prepare budget for the Work; and
i. Coordinating the overall progress of the Work and submitting monthly progress reports.
2. DETAILED DESIGN & AUTHORITIES’ APPROVAL STAGE
The professional services to be provided by the Consulting Engineer at this stage include:?
a. Developing the design of the civil work in collaboration with the Architect; preparing calculations, detailed drawings and specifications of the civil work to enable a bill of quantity to be prepared by the quantity surveyor; and consulting any local or other approving Authorities in connection with the civil work of the buildings and preparing typical details and typical calculations;
b. Preparing such calculations and details relating to the civil work as may be required for submission to any appropriate Authority for approval; preparing all other detailed drawings relating to the work to enable construction to be carried out; and advising on conditions of contract relevant to the civil and structural work in buildings and forms of tender and invitations to tender as they relate to the civil and structural work in buildings;
c. Making submission to and liaising with the relevant Authorities for securing of approval;
d. Obtaining the necessary approval from the relevant Authorities; and
e. Coordinating the overall progress of the work and submitting monthly progress reports.
3. TENDER & CONTRACT DOCUMENTATION STAGE
The professional services to be provided by the Consulting Engineer at this stage include:?
a. Upon the approval by the Employer of the updated estimates of construction cost and the planning and implementation schedule, preparing and finalising the detailed drawings and other particulars necessary to the stage of completion adequate for bills of quantities to be prepared by a quantity surveyor employed by the Employer;
b. Preparing all documents (including detailed specification) necessary for obtaining competitive tenders for the work;
c. Inviting, on behalf of the Employer, tenders for the work or collaborating with the quantity surveyor engaged by the Employer to do so;
d. Evaluating the results of the tenders and submitting a report and recommendation to the Employer;
e. Organising and conducting tender interviews;
f. Awarding the contract on behalf of the Employer;
g. Preparing the contract documents in collaboration with the quantity surveyor appointed by the Employer for signature by the Employer and the contractor; and
h. Coordinating the overall progress of the work and submitting monthly progress reports.
4. CONSTRUCTION STAGE
The professional services to be provided by the Consulting Engineer at this stage include:?
a. Advising on and preparing formal contract documents, including letter of acceptance for carrying out the soil investigation and survey; advising on the preparation of formal contract documents relating to accepted tenders for carrying out the civil work;
b. Advising the Employer on the appointment of resident staff;
c. Providing the contractor with such further information as is necessary for construction;
d. Examining and approving the contractor’s proposals and working drawings relating to the work;
e. Checking shop details and installation drawings for general dimensions and adequacy of members and connections;
f. Giving all necessary instructions relating to the contractor, provided that the Consulting Engineer shall not without the prior approval of the Employer give any instructions which are in his opinion likely to increase the cost of the work unless it is not in the circumstances practicable for the Consulting Engineer to obtain such prior approval.
g. Making such visits to site as the Consulting Engineer shall consider necessary to satisfy himself as to the performance of any resident staff appointed and to satisfy himself that the work is executed generally according to his designs and specifications and otherwise in accordance with good engineering practice;
h. Advising the Employer as to the need to vary any part of the Project for a reason or reasons relating to the work;
i. Approving the contractor’s commissioning procedures and performance tests, and inspecting the work on completion;
j. Certifying payment to the contractor in connection with the work;
k. Performing any services which the Consulting Engineer may be required to carry out under any document which he has prepared relating to the work;
l. Deciding or assisting in settling any dispute or difference which may arise between the Employer and the contractor and referred to the Consulting Engineer in accordance with the contract, provided that this service shall not extend to advising the Employer following the taking of any step in or towards any arbitration or litigation in connection with the Work;
m. Advising the Employer on the need for special inspection or testing as required by the work;
n. Coordinating the overall progress of the Work and submitting monthly progress reports; and
l. Attending site meetings and resolving problems arising.
5. CERTIFICATE OF PRACTICAL COMPLETION STAGE
a. Liaising with and making necessary representation to and applying for necessary approvals from all relevant Authorities on behalf of the Employer in all matters pertaining to the Work in relation to the issuance of the certificate of fitness; and
b. Arranging for final inspection, checking defects and arranging for the handing over of the completed work to the Employer.
6. FINAL ACCOUNT STAGE
a. Providing a set of drawings showing the work as constructed and obtaining for the Employer all warranties as provided for in the contract; and
b. Certifying the final account (prepared by the quantity surveyor employed by the Employer) and obtaining approval from the Employer within six (6) months from the date of Certificate of Practical Completion.
ANNEX D
SCHEDULE OF PAYMENTS
The fees due shall be paid in the following proportions and stages of the Work:?
Percentage Fee
Upon Completion of Each Stage For Stage Cumulative
1. Preliminary design 5% 5%
2. Estimate of cost 5% 10%
3. Detailed design 20% 30%
4. Authorities’ approval 10% 40%
5. Tender and award 5% 45%
6. Finalization of contract 5% 50%
document
7. Construction administration 30% 80%
8. Issuance of Certificate of
Practical Completion 5% 85%
9. Final account 10% 95%
10. Defect liability period 5% 100%
ANNEX E
CLAIM FOR PROFESSIONAL FEE
In order to facilitate the processing and accounting of claim for professional fee, the Consultant should present their bills in accordance with the format/example contained below. Each project or phase of development is to be billed separately.
All bills are to be certified by Unit Profit Centre Manager and approved by the Managing Director or Executive Director before being forwarded to the Finance Department for payment.
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1. Project title : 2. Phase : 3. Type of development : (State unit and type) 4. Type of service : Civil & Infrastructure
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1. Pre-tender Estimate ( Date ) RM
2. Awarded Contract Sum ( LA Date ) RM Less – Contingency Sum RM Add – Approved VO (duly signed by all parties) RM Revised Agreed Contract Sum RM
3. Add – Anticipated VO RM Anticipated Final Contract Sum RM |
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1. Total professional fee : (Revised agreed Contract Sum x % fee = RM )
2. Stage of fee due * : Stage ? SD / EC / DD / CD(MC) / CD(NSC) / CA / SD / CF / FA / DL Cumulative % ? (* ? Attach a copy of schedule of payment from the engagement agreement)
3. Professional fee now due: Total cumulative professional fee x cumulative % RM Less: Total cumulative fee billed previously RM Amount of this bill RM
4. Total payment received to date RM
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ANNEX F
SUBMISSION PLAN
CHECKLIST
All plans (for submission to Authorities/Utility companies) submitted to………………] for signature must be accompanied by the check list as follows:?
Check List for Plan Submission for Authorities/Utilities Companies Approval
1. Purpose of submission/ :
type of approval requested
2. Name of authority/ :
utility company
3. Name of department of the :
authority/utility company
4. Name of the authority/utility :
company personnel in charge
5. Authority/utility company :
reference number
6. Consultant submission covering :
letter (Ref. No.) attached
7. Number of copies of plan :
8. Schedule of area calculation :
(for building) attached
9. Plan fee calculation and :
amount attached
10. Car parking calculation :
attached
11. Have held discussion with : Yes/No
authority/utility company
for in?principle agreement
12. Generally comply with : Yes/No
requirements of authority/
utility company
13. Generally comply with : Yes/No
requirements of ………………..
14. Expected date of approval :
15. Business Plan Budget :
Approval Date
_________________ ____________________ ____________________
Signed by Consultant Signed by Project Manager Signed by UPCM
Date _______________ Date ________________ Date _________________
TITLE BLOCK FOR SIGNATURE
All plans must be pre-printed with name and designation of signatory, name, address and telephone number of land owner and developer.
ANNEX G
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CPC Check List for Main Contractor to Obtain Clearance from RE/PE/COW/CSR/CONSULTANT
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The following items must be verified and/or attached prior to the issuance of Certificate of Practical Completion (CPC) by Architect. |
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ITEM |
DESCRIPTION |
VERIFIED BY SIGNATURE DATE |
OK |
NOT OK |
REMARKS |
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1 |
All Non-Conformance in the NCR and PDI inspection report have been rectified satisfactorily.
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QAE & CSR: |
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2 |
Water tightness on the sanitary fitting.
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COW: |
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3 |
All units are clean and presentable. All sanitary fittings are in place or otherwise to prepare a list of loose items.
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PR or RA/RE/COW: |
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4 |
Warranty on painting work.
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RA/RE or PR: |
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5 |
Warranty on M&E’s equipment, like Air-Condition system, genset, etc. if any.
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RA/RE or PR: |
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6 |
Certificate (Sirim Approval) on bomba door, brick slab, other material etc.
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PR or COW: |
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7 |
Approved (by consultant) electrical shopdrawing and as-built plan.
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PR or COW: |
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8 |
Approved (by consultant) lift shop-drawing and as-built plan, if any.
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RA/RE or PR: |
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9 |
As-built structural plan.
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RA/RE or PR: |
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10 |
Building operational & maintenance manual including copies of statutory approval, records, drawings, etc.
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RA/RE or PR: |
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11 |
Correct number of original set of keys for every building unit.
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CSR: |
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12 |
All plants, equipment, kongsi, surplus materials and rubbish have been removed away from site.
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PR or COW: |
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13 |
Letters received from the following consultants to indicate that the works have been completed satisfactorily.
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1. M&E
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2. Structural
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3. Others, please state
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14 |
Receipt of Contractor’s letter to confirm the defect liability period and its commencement date.
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PR: |
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15 |
Receipt of Contractor’s reply to confirm that reported defects during liability period shall be rectified within 14 days failure which the Employer will engage others to rectify the defects at the contractor’s cost.
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PR: |
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16 |
Receipt of Contractor’s letter to confirm the earlier agreement if any, on other matters.
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PR: |
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17 |
The validity of the performance bond in the form of BG to cover the entire of the defect liability period.
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PR: |
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PR : Project representative, CSR: Customer Service Representative, QAE: QA Executive, COW: Clerk of work, RA: Resident Architect, RE: Resident Engineer, PDI: Pre-Delivery Inspection.
Prepared By :
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Final Verification By : |
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Main Contractor : [Main Contractor Name]
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Company Stamp :
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Recommended for CPC with condition, (if any) : |
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Date : |
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Remarks : |
Not Recommended for CPC due to : |
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Note : Architect shall only proceed to issue CPC upon endorsement by UPCM and the A
rchitect himself/herself must be satisfied with the condition of completed work.
