Moa Perunding Design & Built

102
JKR STANDARD FORM OF AGREEMENT FOR CONSULTANCY SERVICES BETWEEN CONTRACTOR AND CONSULTANT FOR DESIGN AND BUILD CONTRACT MAY 2004

Transcript of Moa Perunding Design & Built

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JKR STANDARD FORM OF AGREEMENT

FOR

CONSULTANCY SERVICES

BETWEEN

CONTRACTOR AND CONSULTANT

FOR

DESIGN AND BUILD CONTRACT

MAY 2004

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CONTENTS

Pages SECTION A - MEMORANDUM OF AGREEMENT ………………………… A1/3 - A3/3

SECTION B - CONDITIONS OF ENGAGEMENT …………………………. B1/16 - B16/16

SECTION C - SCOPE OF SERVICES FOR:

- CA : ARCHITECT …………………………………………… CA1/6 - CA6/6

- CE : ENGINEER …………………………………………… CE1/14 - CE14/14

- CQ : QTY. SURVEYOR ……………………………………. CQ1/3 - CQ3/3

SECTION D - SCHEDULE OF FEES FOR:

- DA: ARCHITECT ……………………………………………. DA1/17 - DA17/17

- DE: ENGINEER …………………………………………….. DE1/15 - DE15/15

- DQ: QTY. SURVEYOR …………………………………….. DQ1/19 - DQ19/19

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SECTION A

MEMORANDUM OF AGREEMENT

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MEMORANDUM OF AGREEMENT

MEMORANDUM OF AGREEMENT Made the ……………………..day of …………………………………….20 ………………………… BETWEEN ……………………………………………………………………………………………………………… (hereinafter called “the Contractor”) of the one part AND (1)…………………………………………………………………………………………………… PRACTISING AS (2)………………………… (Consultant’s Profession) at …………………….….

………………………………………………………………………………………………………………

under the style of (name of firm)

……………………………………………………………………………………………………………….

(hereinafter called “the Consultant” which expression includes the legal representatives,

successors in title and permitted assigns) of the other part.

WHEREAS the Contractor has entered into a Contract .No ………………………………….

made ……………day of ………………...20…… (hereinafter referred to as ‘the Contract’)

between the Government of …………………(hereinafter called ‘the Government’) of the one

part and the Contractor of the other part for the

……………………………………………………………………………………………………………….

.………………………………………………………………………………………………………………

(hereinafter called ‘the Project’).

(1) Insert name of firm(2) Insert the relevant profesion e.g. quantity surveyor / architect / civil & structural engineer

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AND WHEREAS the Contractor is desirous of appointing the Consultant to provide professional (3)………………………………………………………………………………………………………….. services for the project within the scope of services as described in Appendix………… NOW IT IS HEREBY AGREED as follows : 1.0 The Contractor hereby appoints the Consultant to provide the abovesaid professional

services for the Project subject to and in accordance with the Conditions of Engagement

hereinafter set out and the Consultant hereby accepts the appointment for the purpose

of providing services for the same subject to and in accordance with the Conditions of

Engagement.

2.0 This Memorandum of Agreement, the Conditions of Engagement and the Schedule of

Fees shall together constitute the Agreement between the Contractor and the

Consultant.

3.0 In consideration of the Consultant providing the professional services required, the

Contractor hereby agrees to pay the Consultant in accordance with the Schedule.

4.0 The intervals of payment shall be as per respective interim payment under the Contract.

(3) State the Consultant’s services e.g. quantity surveying / architectural / civil & structural

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IN WITNESS WHEREOF the parties have hereunto set their hands on the day year first above

written

SIGNED BY : ………………………………) ……………….................

...…………………………………………… .) Signature of Contractor

for and on behalf of

THE CONTRACTOR In the presence of (Witness) Name : ……………………………………. ) Address : ………………………………….) ………………………………… ) ………………………….. ………………………………… .) Signature of Witness ………………………………… .) SIGNED BY : ……………………………. )

) …………………………….. ……………………………. .) Signature of Consultant for and on behalf of ) ) ) ) …………………………………………… ) Seal or Chop of the Consultant In the presence of

(witness)

Name:……………………………………..)

Address : …………………………………)

…………………………..

…………………………………) Signature of Witness

…………………………………)

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SECTION B

CONDITION OF ENGAGEMENT

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CONDITIONS OF ENGAGEMENT

for the

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

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

AGREEMENT for the above Project entered into on the ....... day of ....... 20.... by the

undersigned parties refers to these CONDITIONS OF ENGAGEMENT which shall be read and

construed as part of the Agreement.

............................................................ ........................................................……. Signature of Consultant Signature of Contractor Name in full: ....................................... Name in full:.......................... ..…………. In the capacity of : ............................. Designation:

............................…………. duly authorised to sign for and for and on behalf of the on behalf of ......................................................... Seal or chop of Consultant Witness: .......................................... Witness: ................................................... Name in full: .................................... Name in full: ............................................ Occupation: .................................... Designation: ............................................ Address: .........................................

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

….......................................

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CONDITIONS OF ENGAGEMENT

1. DEFINITIONS

In this Agreement unless the context otherwise required the following expressions shall have the meanings hereby assigned to them: 1.1 “Contract” means the contract signed between the Contractor and the Government.

1.2 "Contractor" means any person or persons, firm or company who has signed the

contract with the Government to perform Works or to supply goods in connection with the Works or both under the said contract;

1.3 "Consultant" means the ..................................................................................*

engaged by the Contractor and approved by the P.D. to perform the professional services;

1.4 "Cost of Works" means costs ascertained in accordance with the definition

contained in the Schedule hereto; 1.5 "Project" means the project for which the Contractor has engaged the professional

services of the Consultant and of which the Works form a part; 1.6 “Project Director” means the Project Director (hereinafter referred to as the P.D.)

shall be** .............................................................................................................. and his successors in office.;

1.7 “Subcontractors” means specialists, merchants, tradesmen and others employed by

the Contractor to execute works or supply goods and services in connection with the Contract ;

1.8 "Schedule" means the Schedule of Fees for Q.S***/Engineers***/Architects***

annexed to these Conditions of Engagement; and 1.9 "Works" means the works in connection with which the Contractor has engaged the

Consultant to perform professional services.

2. DURATION OF ENGAGEMENT

A) The appointment of the Consultant shall commence from the date of the Memorandum of Agreement or from the time when the Consultant shall have begun to perform for the Contractor any of the professional services described in this Agreement, whichever is the earlier.

B) The Consultant shall not, without the written consent of both the P.D. and the

Contractor, assign the benefit or in any way transfer the obligations of this Agreement or any part thereof.

* State the Consultant’s profession ** State the official designation of the officer responsible for the overall supervision and direction of the Works *** Delete if not applicable

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2. DURATION OF ENGAGEMENT (CONT’D)

C) If at any time the Government decides to postpone the Project the Contractor with

the written consent of the P.D. shall, by notice in writing to the Consultant terminate his appointment under this Agreement, provided that the Contractor may, in lieu of so terminating his appointment require the Consultant in writing to suspend the carrying out of his professional services under this Agreement for the time being. In such event, the Consultant shall be paid in accordance to the Schedule.

D) If the Contractor fails to comply with any of its fundamental obligations under this

Agreement, the Consultant may by not less than sixty (60) days with the written consent of the P.D., give notice in writing to the Contractor to terminate his appointment under this Agreement, provided that, in lieu of so terminating his appointment, the Consultant may:

a) Forthwith upon any such failure suspend the carrying out of his

professional services hereunder for a period of sixty (60) days (provided that he shall as soon as practicable inform both the Contractor and the P.D. in writing of such suspension and the reasons thereof); and

b) At the expiry of such period of suspension either continue with the

carrying out of his professional services under this Agreement or, if any of the reasons for the suspension then remain, forthwith in writing to the Contractor terminate his appointment under this Agreement.

E) The Consultant, shall immediately notify the Contractor in writing of any situation or

of the occurrence of any event beyond the reasonable control of the Consultant which makes it impossible for the Consultant to carry out his obligations hereunder. If the Contractor agrees and with the consent of the P.D. in writing that any such situation or event exists, the Contractor may terminate this Agreement by giving not less than thirty (30) days written notice and shall pay such charges due to Consultant up to the date of termination of this Agreement as are still outstanding at the time of the situation or event. In the event of any disagreement between the parties as to the existence of such situation or event, the matter shall be settled in accordance with Clause 9.

F) The Consultant shall, upon receipt of any notice or requirement in writing in

accordance with Sub-clause (C) or the termination by him of his appointment pursuant to Sub-clause (D) proceed in an orderly manner but with all reasonable speed and economy to take such steps as are necessary to bring to an end his professional services under this Agreement.

G) Unless terminated under this Clause, the Consultant's appointment under this

Agreement shall terminate when the Consultant issues and the P.D. approves the certificate authorising the final payment to the Contractor. The Consultant shall prepare the final account within six months from the date of the Certificate of Practical Completion. Provided always that in the event of arbitration or other proceedings after the

completion of construction if so required by the P.D. or the Contractor, the

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2. DURATION OF ENGAGEMENT (CONT’D)

Consultant shall assist in any manner whatsoever under the same condition of engagement as are applicable to this Agreement.

H) Determination of Consultant’s Employment

a) Without prejudice to any other right or remedy which the Contractor may possess, if the Consultant shall make default in any one or more of the following respects, that is to say;

i) If he without reasonable cause suspends the carrying out the services before completion; or

ii) if he fails to proceed regularly and diligently with the professional services; or

iii) if he fails to execute the professional services in accordance with the Agreement or persistently neglects to carry out his obligations under this Agreement; or

iv) if he refuses or persistently neglects to comply with a written notice from the Contractor or the P.D. to rectify and replace improper services;

then the Contractor with the written instruction or consent of the P.D. may give to him a notice by registered post or by recorded delivery specifying the default, and if the Consultant either shall continue such default for fourteen (14) days after receipt of such notice or shall at any time thereafter repeat such default (whether previously repeated or not), then the Contractor may thereupon by a notice sent by a registered post or by recorded delivery determine the employment of the Consultant under this Agreement

b) If the Consultant:-

i) commits an act of bankruptcy; or ii) becomes insolvent or compounds with or makes arrangements with

his creditors; or iii) being a company, is having a winding up order made against him, or iv) is having a provisional liquidator, receiver or manager of his business

or undertaking duly appointed, or possession taken by or on behalf of creditors or debenture holders secured by a floating charge of any property comprised in or subject of the said floating charge; or

v) registration, permission or licence to practice has been cancelled or suspended by the respective Professional Board.

then, and in any such event, the Contractor may, but not without the written consent of the P.D., without prejudice to any other right he may possess, by a notice sent by registered post determine the employment of the Consultant under this Agreement.

c) In the event of the employment of the Consultant under this Agreement being

determined under sub-clause (a) or (b) above, then the Consultant shall be deemed to be in breach of this Agreement and the following provisions shall apply:-

i) The Contractor may, with the written consent of the P.D. employ and pay

another Consultant to carry out and complete the professional service. B3/8

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2.DURATION OF ENGAGEMENT (CONT’D)

ii) The Contractor shall pay such charges due to the Consultant up to the date of termination of this Agreement as are still outstanding at the time of the situation or event. iii) The Contractor shall have the right to deduct or set off against any amount due or which may become due to the Consultant, or to recover as a debt from the Consultant the amount of damage suffered and/or of loss and expense, including any extra expense in the completion of the services incurred by him by reason of the determination of the employment of the Consultant under this Agreement.

J) Determination of the Contractor’s Employment

If for any reason the Contractor’s employment under the Contract is determined under the Contract (whether due to any default of the Contractor or otherwise), then the employment of the Consultant under this Agreement shall thereupon also determined and the Consultant shall be entitled to be paid the charges due to the Consultant up to the date of termination of this Agreement as are still outstanding at the time of the situation or event.

K) Any termination of the Consultant's appointment under this Agreement shall not

prejudice or affect the accrued rights or claims of either party to this Agreement.

3. PROPRIETARY RIGHTS AND OWNERSHIP OF DOCUMENTS

A) All drawings, Specifications, Bills of Quantities and other related documents together with all reports and relevant data such as maps, statistics and supporting records or materials compiled or prepared in the course of this Agreement shall be the absolute property of the Government throughout their preparation and at all times thereafter and the Contractor shall cause the copyright and all other proprietary rights whatsoever in these documents to vest in the Government. The Consultant shall deliver all these documents to the P.D. upon the completion or earlier termination of this Agreement. The Consultant and the Contractor may retain a copy of such documents for his own record but shall not use any confidential information therein for purposes unrelated to this Agreement without the prior consent of the Goverment.

B) The Consultant and the Contractor may with the consent of the P.D., which consent

shall not be unreasonably withheld, publish alone or in conjunction with any other person any article, photograph or other illustration relating to the Project.

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4. OBLIGATIONS AND LIABILITIES OF THE CONSULTANT A) The Consultant shall observe, perform and comply with all provisions of the

Contract on the part of the Contractor to be observed, performed and complied with in so far as they relate and apply to the professional services (or any portion of the same) and as if all the same were severally set out herein. In the event of any contradiction or inconsistencies the provisions of the Contract shall prevail.

B) The Consultant shall exercise all reasonable skill, care and diligence in the discharge of his professional services. C) The Consultant shall, further to the services specified in Clause 7(A), do and perform all acts, matters and things which are usually done and performed by Consultant according to the practice of their profession in relation to the Project.

D) The Consultant and the Contractor 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. Such information shall not be used by the Consultant and the Contractor on other projects without the written approval of the P.D.. E) Except as both the P.D. and the Contractor shall otherwise specifically agree in

writing, the Consultant shall not permit his staff or subsidiary or associate to engage in any activities related to the Project other than the specified professional services.

F) The Consultant shall obtain the written consent of the Contractor before commencing

his basic and additional services as specified herein.

5. DELIVERY OF DOCUMENTS TO THE P.D. ON TERMINATION BY THE CONSULTANT

A) In the event of the termination of this Agreement by the Consultant and upon

delivery to the P.D. of all completed drawings, specifications, Bills of Quantities and other related documents relevant to the Project as are in the possession of the Consultant who shall be permitted to retain copies of any documents so delivered to the P.D., the Consultant shall be entitled to be paid the sums determined in the Schedule.

6. OBLIGATIONS OF THE CONTRACTOR.

A) The Contractor shall, upon request, supply to the Consultant without charge and within a reasonable time, all necessary and relevant data and information in the possession of the Contractor and shall give such assistance as shall reasonably be required by the Consultant in the performance of his professional services under this Agreement so as to enable him to proceed within the agreed schedule.

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6. OBLIGATIONS OF THE CONTRACTOR. (cont’d)

B) Any data, report, map, photograph, plan, drawing, record or information given or forwarded by the Contractor or the P.D. to the Consultant shall not relieve the Consultant of his obligation under Clause 4(A). The Contractor or the P.D. gives no warranty in any manner whatsoever for the data, report, map, photograph, plan, drawing, record or information either as to the accuracy or sufficiency or as to how the same should be interpreted and the Consultant when he makes use of and interprets the same, shall do so entirely at his own risk and shall not constitute a breach of obligation on the part of the Contractor or the P.D. under Sub-Clause (A) if such data, report, map, photograph, plan, drawing, record or information is not accurate or sufficient for the purpose of performing the Consultant's obligations under this Agreement.

7. TYPES OF SERVICES

A) The Consultant may be engaged for the performance of any or all of the professional services as specified in :-

1) Architect * - Section CA (Scope of Services For Consulting Architects) 2) Engineer * - Section CE (Scope of Services For Consulting Engineers) 3) Quantity Surveyor* - Section CQ (Scope of Services for Consulting Quantity Surveyors)

8. PAYMENTS

A) The fees applicable to the relevant professional services rendered by the Consultant shall be described as follows:-

1) Architect * - Section DA (Schedule of Fees for Consulting Architects) 2) Engineer * - Section DE (Schedule of Fees for Consulting Engineers) 3) Quantity Surveyor* - Section DQ (Schedule of Fees for Consulting Quantity Surveyors)

B) For the purpose of determining the payment due to the Consultant under the

Schedule following the termination by the P.D. of the Project in which it is necessary to assess the payment to be made by reference to the cost of the Works, then to the extent that such cost is not known, the assessment shall be made upon the basis of the Consultant's best estimate of cost to be agreed to by both the P.D. and the Contractor.

C) Direct Payment To Consultant

The Contractor shall advise the P.D. as to the progress of services rendered by the Consultant and recommend the amount payable to the Consultant based on the Schedule of Fees. The Contractor shall authorise the P.D. in issuing Interim Certificates under the Contract to state separately the amount of interim or final

* Deletewhichever is not applicable

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8. PAYMENTS (CONT’D) payment due the Consultant subject to subclause 60.3 of the Conditions of Contract, and the Government shall pay direct to the Consultant on behalf of the Contractor. All sums due to the Consultant in accordance with the terms of this Agreement, unless disputed by the P.D., shall be paid within the period of honouring of certificate as specified in the contract.

C) Indemnity to the Government The Consultant shall indemnify and save harmless the Government, against and from:- i) any liability of the Government to the Contractor however arising, due to the

making by the Government of payment direct to the Consultant; and ii) any liability of the Government to the Contractor howsoever arising, due to

any act, neglect, or omission, or any breach, non-observance or non-performance of the provisions of this Agreement by the Consultant, their employees or agents; and

iii) any loss and/or expense incurred by the Government howsoever arising;

due to any act, neglect or omission, or any breach, non-observance or non-performance of the provisions of this Agreement by the Consultant.

The Consultant will be required to give to the Government such indemnity with terms and conditions as provided in the Government Standard Form of Letter of Indemnity. The Consultant shall deposit with the Government the Letter of Indemnity duly signed and witnessed as soon as practicable but not later than 14 days from the date of issuance of Letter of Acceptance to the Contractor.

E) If any item or part of an item of an account for the service rendered by the

Consultant is disputed or subject to question by the Contractor or the P.D., the payment to the Consultant in respect of the undisputed amount shall not be withheld on these grounds and provisions of sub-clause C shall apply to such amount.

9. SETTLEMENT OF DISPUTES

A) If at any time any question, dispute or difference of opinion shall arise between the Contractor and the Consultant upon or in relation to or connection with this Agreement or any part thereof then such dispute or difference shall be referred to the P.D. for a decision.

B) The decision of the P.D. which is to be in writing shall subject to sub clause E

hereof be binding on the parties until after the completion of the professional services and shall forthwith be given effect by the Contractor and the Consultant who shall proceed with the professional services with all due diligence whether or not notice of dissatisfaction is given by either of the parties.

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9. SETTLEMENT OF DISPUTES (CONT’D)

C) If the P.D. fails to give a decision for a period of 45 days after being requested to do so by either the Contractor or the Consultant or if either the Contractor or the Consultant be dissatisfied with any decision of the P.D., then in any such case the Contractor or the Consultant, as the case may be, may within 45 days after the expiration of 45 days after the request for a decision has been made to the P.D. or 45 days after receiving the decision of the P.D., as the case may be, require that such dispute or difference be referred to the arbitration and final decision of a person to be agreed between the parties to act as the Arbitrator.

D) Such reference, shall not be commenced until after the completion or alleged

completion of the Works, determination or alleged determination of the Consultant’s employment under this Agreement, unless with the written consent of the Contractor and the Consultant and in any case of the P.D..

E) The Arbitrator shall have power to review and revise any certificate, opinion,

decision, requisition or notice and to determine all matters in dispute which shall be submitted to him, and of which notice shall have been given in accordance with sub-clause C aforesaid, in the same manner as if no such certificate, opinion, decision, requisition or notice had been given. Provided that in any such arbitration any decision of the P.D. which is final and binding on the Contractor under the Contract shall also be deemed final and binding between and upon the Contractor and the Consultant.

F) Upon every or any such reference, the costs of such incidentals to the reference

and award shall be in the discretion of the Arbitrator who may determine the amount thereof, or direct the amount to be taxed as between solicitor and Contractor or as between party and party, and shall direct by whom and to whom and in what manner the same be borne and paid.

H) The award of the Arbitrator shall be final and binding on the parties. I) In the event of the death of the Arbitrator or his unwillingness or inability to act, then

the Contractor and the Consultant upon agreement shall appoint another person to act as the Arbitrator, and in the event the Contractor and the Consultant failing to agree on the appointment of an Arbitrator, an Arbitrator shall be appointed by the President of the Board of .....................................................................................* and such reference shall be deemed to be a submission under the Arbitration Act 1952 and any statutory modification or re-enactment thereof for the time being.

J) Pending the award of the arbitration, the Consultant upon being directed by the

Contractor at any time, shall continue to perform the remaining part of services in accordance with the programme as set out in the work schedule and no payment the liability for which is not in issue or contingent upon the results of the proceedings shall be withheld on account of such proceedings.

J) The arbitration shall be held at the Regional Centre for Arbitration in Kuala Lumpur using the facilities and assistance available at the Centre. *State the Consultant’s Professional Board

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SECTION C

SCOPE OF SERVICES

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SECTION CA

SCOPE OF SERVICES

FOR

CONSULTING ARCHITECT

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SCOPE OF SERVICES

PROFESSIONAL ADVICE & SERVICES

The professional advice and services to be provided by the Consulting Architect to the Contractor or on behalf of the Contractor, to the P.D. shall be as follows:-

i) Advisory services

ii) Basic Services

iii) Additional services

For all building works (including civil, structural, mechanical and electrical engineering works in buildings), the architect shall instruct and coordinate the consultants where required to ensure that the project schedule is followed.

1.0 Advisory Services

The advisory services to be provided by the Consulting Architect shall be as follows:

(i) Ascertaining the objectives, brief and constraints for the project and advising on how to achieve the objectives;

(ii) Advising on the selection and suitability of proposed sites, conducting or taking part in negotiations connected therewith, taking levels and preparing measured drawings, plans of the sites, sites and buildings or existing buildings;

(iii) preparing and refining the brief in consultation with the P.D. and interpreting the project objectives to arrive at an agreed brief for the project;

(iv) carrying out such studies as may be necessary for the project and reviewing with the P.D. alternative designs and construction solutions, evaluating their respective advantages and disadvantages and advising on all relevant aspects of obtaining statutory approvals necessary for the implementation of the project;

(v) preparing the outline project plan which may include a preliminary project planning and implementation schedule, and a resource plan; and

(vi) advising on the resident site staff required for the project and estimating the cost of their employment and the duration of their employment.

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2.0 Basic Services

The basic services to be provided by the Consulting Architect shall be as follows :

(a) Schematic Design Phase The services to be provided during this phase are -

(i) taking the P.D.’s instructions and analysing the project brief; (ii) preparing preliminary conceptual sketch proposals to interpret the

project brief; (iii) developing the preliminary conceptual sketch proposals into sketch

designs to a stage sufficient to enable an application to be made for planning approval or approval in principle to comply with the relevant by-laws;

(iv) preparing preliminary estimates of the probable construction cost based on current area, volume or other unit costs; and

(v) where applicable, preparing and submitting the drawings and other necessary documents to relevant approving authorities for either town planning approval or approval in principle.

(b) Design Development PhaseThe services to be provided during this phase are –

(i) upon the approval of the proposals by either the relevant authority or

the P.D. developing the schematic design drawings to a stage to enable other consultants to commence their detailed design work;

(ii) preparing working drawings and submitting the same together with all necessary particulars to the P.D. for his concurrence and to the relevant approving authorities to obtain statutory building approval;

(iii) updating the preliminary estimates of construction costs as required by the Contractor, and

(iv) updating the project planning and implementation schedule.

(c) Contract Documentation Phase The services to be provided during this phase are -

(i) preparing and finalising the detailed drawings and other particulars necessary to the stage of completion adequate for bills of quantities to be prepared by the consulting quantity surveyor;

(ii) preparing all documents necessary for obtaining competitive pricing for the work;

(iii) inviting tenders for the work or collaborating with the consulting quantity surveyor engaged by the Contractor;

(iv) evaluating the results of the tenders and submitting a report and recommendation to the Contractor;

(v) awarding the contract on behalf of the Contractor, and; (vi) preparing the contract documents either alone or in collaboration with

other consultants appointed by the Contractor.

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(d) Contract Implementation and Management Phase

The services to be provided during this phase are -

(i) performing all the functions and duties of the Consulting Architect under the terms and conditions of the Memorandum of Agreement ;

(ii) providing information and issuing instructions to the Contractor as required under the terms and conditions of the Memorandum of Agreement to ensure the Contractor conform to the contract ;

(iii) examining the works programme to be submitted to the P.D. by the Contractor and to be satisfied that the works can reasonably be completed within the contract period;

(iv) inspecting the works at periodic intervals so as to ensure that the works are being executed in general accordance with the building contract and to enable the Architect to certify the completion of the various stages of the works required in support of an application for a certificate of fitness for occupation from the relevant approving authority;

(v) where necessary, applying for a certificate of fitness for occupation or its equivalent from the appropriate authority;

(vi) certification of the works at various stages of completion; and (vii) providing a set of drawings showing the building as constructed and

obtaining for the P.D. the drawings of the building’s services as installed together with all warranties and maintenance manuals as provided for in the contracts.

3.0 Additional Services The additional professional services which are not included in the basic services but may be provided by the Consulting Architect if requested or consented to by the P.D. to supplement the advisory and basic services or which may be provided under a separate appointment shall be as follows:

(a) Surveys and investigations The services to be provided under this category are –

(i) preparing measured surveys, taking levels and preparing plans of sites and existing buildings;

(ii) inspecting, reporting on and giving advice on the condition of existing buildings;

(iii) preparing schedules of dilapidation for the P.D. , taking particulars of sites, preparing specifications for repairs and supervising their execution;

(iv) undertaking structural surveys of a building and ascertaining the extent of defects which may affect its value;

(v) investigating building failures and arranging and supervising work by Subcontractors or specialists;

(vi) surveying and measuring existing buildings, preparing specifications and other documents for repairs, restoration or conservation work, administering the contract and inspecting the works during their execution; and

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(vii) inspecting buildings and properties and preparing valuations for the P.D. .

(b) Planning and development services The services to be provided under this category are –

(i) preparing a preliminary technical evaluation of a project to enable the P.D.to reach a decision on whether to proceed and the possible form and content of the project;

(ii) preparing plans for housing development or other schemes including preliminary layout plans as may be required for discussion with the relevant authorities leading to the preparation of detailed development plans based on the layout plan as approved by either the relevant authority or the P.D. to enable the project to be implemented; and

(iii) preparing documents and providing all other services necessary in connection with demolition works for the erection of a new building when undertaken separately from the contract.

(c) Supplementary Design Services The services to be provided under this category are - (i) providing interior design services including taking the P.D.’s

instructions, formulating the brief, deciding on the themes for the various spaces, estimating and establishing the budget and planning and implementation schedules, preparing sketch layouts and studies, preparing working and construction drawings, details, schedules and materials or colour boards, designing special items of furniture where appropriate or giving detailed advice on the selection of furniture, fittings and soft furnishings, preparing tender documents, obtaining tenders or quotations and advising thereon, accepting on behalf of the P.D. offers for implementation, preparing the contract documents where necessary, managing the contract, supervising the works during the stages of implementation, checking and processing claims from subcontractors for payment and issuing recommendation of payment and certifying the works on completion;

(ii) providing landscape design services including the preparation of conceptual landscaping proposals, implementation documents, obtaining and evaluating competitive tenders, recommending and awarding contracts, administering the contract and inspecting works in progress;

(iv) designing graphics and signage in connection with projects and providing all necessary services for their execution;

(v) advising the P.D. on the selection of works of art or commissioning of decorative works and supervising their installation; and

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(v) undertaking special studies in connection with the development of designs for prototype buildings or models including their testing and evaluation.

(d) Financial Advisory Services (where consulting Quantity Surveyor is not

engaged The services to be provided under this category are –

(i) preparation of cost estimates for projects comprising the cost of site acquisition and development, building construction and infrastructure services, landscaping, furniture and equipment and estimated cash flow requirements for the various cost centres.

(ii) Preparation of Schedule of Rates and other related documents for tendering purposes, inviting tenders on behalf of the Contractor Client, examining tenders received or negotiating tenders and prices with shortlisted or selected contractors and/or sub-contractors under any contract system, valuing variations and other applications for interim payments and preparing the final accounts.

(e) Exceptional Negotiations or Protracted Involvement The services to be provided under this category are –

(i) Participating in special or protracted negotiations in connection with

applications for town planning or other statutory approvals including applications for conversions of title to land for development purposes, changes in land use zoning, densities, waivers and appeals;

(ii) amending the content, scope, design or details of a project, building or any of its parts upon the P.D.’s instructions after approvals at various stages have been given by the P.D. and requiring the Architect to either amend or prepare new drawings or production information after they have been finalised;

(iii) continuing professional services on a protracted basis due to causes beyond the Consulting Architect's control and not directly or indirectly caused by actions of the Consulting Architect but may be caused by certain decisions of the P.D., breach of contract by either of the parties to the building contract, strikes, or such similar causes and which will involve the Consulting Architect in additional time or work;

(iv) additional services arising from the failure of the Contractor to award a contract in due time; and

(v) conferring with solicitors, attending court, arbitration and enquiries in connection with statutory approvals.

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(f) Project Management and Administration The services to be provided under this category are –

(i) Providing total project management services from the inception to

completion of a project including preparation of project briefs, appointing and coordinating all consultants, contractors and suppliers, preparation of various levels of project schedules for planning and implementation and monitoring all the activities and elements relative to the agreed targets, preparing reports and their submission to the client, and accepting the completed works on behalf of the client;

(ii) providing periodic or full time resident site personnel for frequent or constant inspection of the works;

(iii) providing the full services required for construction management in serving as the overall coordinator where separate contracts for each trade are awarded;

(iv) preparing ‘as built’ drawings of buildings on which the Consulting Architect was not the designer; and

(vi) preparing a programme for the maintenance of a building and arranging maintenance contracts.

(g) Appointment of an independent specialist consultant to work in collaboration with the Consulting Architect.

Notwithstanding the services as may be provided by the Consulting Architect

as described in this part of the Rules, and where an independent specialist consultant is appointed directly by the Contractor or by the Consulting Architect, such services that would otherwise be provided by the Consulting Architect alone shall be performed by the specialist consultant, in collaboration with the Consulting Architect, whose terms of appointment shall be in accordance with the relevant rules.

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SECTION CE

SCOPE OF SERVICES

FOR

CONSULTING ENGINEER

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SCOPE OF SERVICES

PROFESSIONAL SERVICES 1. (1) Basic Professional Services (for civil and structural engineering

works other than structural engineering works in buildings, mechanical engineering works and electrical engineering works other than the engineering systems in buildings)

The professional services to be rendered by the consulting engineer to the Contractor or on behalf of the Contractor , to the P.D. in this paragraph comprise the provision of all technical advice and skills which are normally required for the works for which the consulting engineer has been engaged.

(a) Preliminary Stage

The professional services to be provided by the consulting engineer at this stage comprise all or any of the following as may be necessary in a particular case:

(i) investigating data and information relevant to the works

and considering any reports relating to the works; (ii) advising the Contractor on making any further

topographical survey of the proposed site of the works which may be necessary to supplement available topographical information;

(iii) advising the Contractor on the need to carry out any

geotechnical investigation which may be necessary to supplement the available geotechnical information, arranging for the investigation, certifying the amount of any payments to be made by the Contractor to the persons, firms or companies carrying out the investigation under the consulting engineer’s direction, and advising the Contractor on the results of the investigation;

(iv) advising the Contractor on the need for arrangements to

be made, in accordance with subparagraph 2(1) of this Section, for the carrying out of special surveys, special investigations or model tests and advising the Contractor of the results of any such surveys, investigations or tests carried out;

(v) consulting any local or other approving authorities on

matters of principle in connection with the works; (vi) consulting any architect appointed by the Contractor in

connection with the architectural treatment of the works; (vii) preparing such reports and documents as are reasonably

necessary to enable the Contractor to consider the consulting engineer’s proposals, including alternative proposals, for the construction of the works in the light of

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the investigations carried out by him at this stage, and to enable the Contractor to apply for approval in principle from the appropriate authorities for the execution of the works in accordance with the proposals;

(viii) providing sufficient preliminary information and

approximate estimate (based on unit volume, unit surface area or similar basis of estimation) regarding the works to enable the Contractor or the architect to prepare architectural sketch plans and budget estimates for the project; and

(ix) Consulting the architect and other parties appointed by

the Contractor in connection with the works.

(b) Design Stage

The professional services to be provided by the consulting engineer at this stage comprise all or any of the following as may be necessary in a particular case:

(i) Preparing designs, including reinforced concrete and structural

steel work designs, and tender drawings in connection with the works;

(ii) Preparing such conditions of contract, specifications, schedules and bills of quantities as may be necessary to enable the Contractor to obtain tenders or otherwise award a contract for carrying out the works; and

(iii) Prepare and certify drawings, calculations and details relating the works as may be required for submission to any appropriate authorities.

(c) Tender Stage The professional services to be provided by the consulting engineer at this stage comprise advising the Contractor as to the suitability for carrying out the works of the persons, firms or companies tendering and as to the relative merits of the tenders, but excluding the relative merits of alternative tenders, prices and estimates received for carrying out the works.

(d) Construction Stage

The professional services to be provided by the consulting engineer at this stage comprise all or any of the following as may be necessary in a particular case:

(i) advising on and preparing formal contract documents, including

the Contractor’s letters of acceptance for carrying out the works or any part of them;

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(ii) inspecting and testing during manufacture and installation such

electrical and mechanical materials, machinery and plant supplied for incorporation in the works as are necessary where the inspection and test are within the technical competence of the consulting engineer, and arranging and witnessing the acceptance test;

(iii) advising the Contractor on the need for a special inspection or

test other than that referred to in sub- paragraph 1(1)(d)(ii) of this Section;

(iv) advising the Contractor on the appointment of site staff in

accordance with paragraph 3 of this Section; (v) preparing any further designs and drawings relating to the

works;

(vi) examining and certifying the Contractor’s proposals and his working drawings relating to the works;

(vii) making such visits to the site as the consulting engineer

considers necessary to satisfy himself as to the performance of any site staff appointed pursuant to paragraph 3 of this Section and to certify that the works are executed generally according to contract drawings and specification or otherwise in accordance with good engineering practice as required by the P.D;

(viii) giving all necessary instructions relating to the works to the

Contractor and or sub Contractors;

(ix) performing any duties which the consulting engineer may be required to carry out under any document which he has prepared for the execution of the works;

(x) preparing and or checking shop, details and installation

drawings;

(xi) advice the Contractor as the need to vary any part of the works;

(xii) make site evaluation and prepare claim for interim payment;

(xiii) liaison with the relevant authorities for connection of electricity supply, telephone lines etc.;

(xiv) prepare testing and commissioning procedures;

(xv) witness the testing and commissioning for the works and certify

the report that the works has been carried out according to the engineering practices;

(xvi) delivering to the P.D. on the completion of the works such

records and manufacturer’s manuals as are reasonably necessary to enable the P.D. to operate and maintain the works and arranging for the delivery of spares and tools if necessary;

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(xvii) check the maintenance works and certify the maintenance report (if maintenance form part of the scope) ; and

(xviii) assist the preparation of final account.

1.(2) Basic Professional Services (for structural engineering works in buildings)

The professional services to be rendered by the consulting engineer to the Contractor or on behalf of the Contractor , to the P.D. in this paragraph comprise the provision of all technical advice and skills which are normally required for the works for which the consulting engineer has been engaged. (a) Preliminary Stage

The professional services to be provided by the consulting engineer at

this stage comprise all or any of the following as may be necessary in a particular case:

(i) investigating data and information relevant to the works and considering any reports relating to the works;

(ii) advising the Contractor on making any further

topographical survey of the proposed site of the works which may be necessary to supplement available topographical information;

(iii) advising the Contractor on the need to carry out any

geotechnical investigation which may be necessary to supplement the available geotechnical information, arranging for the investigation, certifying the amount of any payments to be made by the Contractor to the persons, firms or companies carrying out the investigation under the consulting engineer’s direction, and advising the Contractor on the results of such investigation;

(iv) advising the Contractor on the need for arrangements to

be made, in accordance with subparagraph 2(2) of this Section, for the carrying out of special surveys, special investigations or model tests and advising the Contractor of the results of any such surveys, investigations or tests carried out;

(v) consulting any local or other approving authorities on

matters of principle in connection with the works;

(vi) consulting the architect appointed by the Contractor in connection with the architectural treatment of the works;

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(vii) providing sufficient structural information to enable the

architect to produce his sketch plans; and (viii) preparing such reports and documents as are reasonably

necessary to enable the Contractor to consider the consulting engineer’s proposals, including alternative proposal, for the construction of the works in the light of the investigations carried out by him at this stage, and to enable the Contractor to apply for approval in principle from the appropriate authorities for the execution of the works in accordance with the proposals;

(ix) providing sufficient preliminary information and

approximate estimate (based on unit volume, unit surface area or similar basis of estimation) regarding the works to enable the Contractor or the architect to prepare architectural sketch plans and budget estimates for the project; and

(x) consulting the architect and other parties appointed by

the Contractor in connection with the works.

(b) Design Stage

The professional services to be provided by the consulting engineer at this stage comprise all or any of the following as may be necessary in a particular case:

(i) developing the design of the works in collaboration with the architect and others, preparing calculations, drawings and specifications for the works to enable a bill of quantities to be prepared by others, consulting any local or other approving authorities in connection with the design of the works, and preparing typical details and typical calculations; and

(ii) prepare and certify such calculations and details relating

to the works as may be required for submission to any appropriate authority, preparing and certifying all other drawings in sufficient details to enable construction to be carried out, and advising on conditions of contract and specifications relevant to the works and on forms of tender and invitations to tender as they relate to the works.

(c) Tender Stage The professional services to be provided by the consulting engineer at this stage comprise advising the Contractor as to the suitability for carrying out the works of the persons, firms or companies tendering and as to the relative merits of tenders, but excluding relative merits of alternative tenders, prices and estimates received for carrying out the

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works. (d) Construction Stage

The professional services to be provided by the consulting engineer at this stage comprise all or any of the following as may be necessary in a particular case:

(i) advising on the preparation of formal contract document relating to accepted tenders for the works;

(ii) advising the Contractor on the appointment of site staff in

accordance with paragraph 3 of the Section; (iii) preparing any further designs, specification and drawings

to enable the Contractor to carry out the works but shall not include the preparation of any shop details relating to the works or any part of them;

(iv) examining and certifying the Contractor’s proposals and

working drawings relating to the works; (v) liaison with the relevant authorities for connection of

electricity supply, telephone lines etc.;

(vi) preparing and or checking shop details for general dimensions and adequacy of members and connections;

(vii) prepare testing and commissioning procedures;

(viii) witness the testing and commissioning for the works and

certify the report that the works has been carried out according to the engineering practices;

(ix) advising the Contractor or the architect as to the need to

vary any part of the works;

(x) making such visits to site as the consulting engineer considers necessary to satisfy himself as to the performance of any site staff appointed pursuant to paragraph 3 of this Section and to certify that the works are executed generally according to contract drawings and specification or otherwise in accordance with good engineering practice as required by the P.D.;

(xi) giving all necessary instructions relating to the works to

the Contractor and or sub Contractors;

(xii) make site evaluation and prepare claims for interim payment;

(xiii) inspecting and testing during manufacture and installation

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such materials supplied for incorporation in the works as are necessary where the inspection and test are within the technical competence of the consulting engineer, and arranging and witnessing the acceptance tests;

(xiv) advising the Contractor on the need for special inspection

or test other than that referred to in a sub-paragraph 1(2)(d)(xiii) of this Section;

(xv) performing any duties which the consulting engineer may

be required to carry out under any document which he has prepared for the execution of the works;

(xvi) delivering to the P.D. on the completion of the works such

records and manufacturer’s manuals as are reasonably necessary to enable the P.D. to operate and maintain the works and arranging for the delivery of spares and tools if necessary;

(xvii) check the maintenance works and certify the

maintenance report (if maintenance form part of the scope); and

(xviii) assist the preparation of final account.

1.(3) Basic Professional Services (for engineering systems in buildings)

The professional services to be rendered by the consulting engineer to the Contractor or on behalf of the Contractor, to the P.D. in this paragraph comprise the provision of all technical advice and skills which are normally required for the works for which the consulting engineer has been engaged.

(a) Preliminary Stage The professional services to be provided by the consulting engineer at this stage comprise all or any of the following as may be necessary in a particular case:

(i) consulting any local or other approving authorities on

matters of principle in connection with the design of the works;

(ii) providing sufficient preliminary information and

approximate estimates (based on unit volume, unit surface area or similar basis of estimation) regarding the works to enable the Contractor or the architect to prepare architectural sketch plans and budget estimates for the project;

(iii) investigating data and information relevant to the works

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and considering any reports relating to them; (iv) consulting the architect and others appointed by the

Contractor in connection with the architectural treatment of the works;

(v) preparing such reports and documents as are necessary to enable the Contractor to consider the consulting engineer’s proposals, including the alternative proposals for the installation of the works in the light of the investigations carried out by him at this stage, and to enable the Contractor to apply for approval in principle from the appropriate authorities for the execution of the works in accordance with the proposals; and

(vi) consulting the architect and other parties appointed by

the Contractor in connection with the works. b) Design Stage

The professional services to be provided by the consulting engineer at this stage comprise all or any of the following as may be necessary in a particular case:

(i) preparing designs and tender drawings, and providing

information as to plant rooms, main service ducts and other similar elements to be incorporated in the building structure, and information as to the approximate weights of items of heavy plant and equipment which are to be incorporated in the works;

(ii) advising on conditions of contract, preparing

specifications and schedules as may be necessary to enable the Contractor to obtain tenders or otherwise award a contract for carrying out the works, and preparing and certifying such drawings, calculations and details relating to the works as may be required for submission to any appropriate authorities; and

(iii) prepare and certify drawings, calculations and details

relating to the works as may be required for submission to any appropriate authorities.

(c) Tender Stage The professional services to be provided by the consulting engineer at this stage comprise advising the Contractor as to the suitability for carrying out the works of the persons, firms or companies tendering and as to the relative merits of tenders, but excluding relative merits of alternative tenders, prices and estimates received for carrying out the

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works.

(d) Construction Stage

The professional services to be provided by the consulting engineer at this stage comprise all or any of the following as may be necessary in a particular case:

(i) advising on the preparation of formal contract documents

relating to accepted tenders for carrying out the works or any part of them;

(ii) advising the Contractor on the appointment of site staff for the purpose of paragraph 3 of this Section;

(iii) providing the Contractor with such further information as

are necessary, in the opinion of the consulting engineer, to enable the installation drawings to be prepared;

(iv) examining and certifying the Contractor’s proposal;

(v) making such visits to the site as the consulting engineer considers necessary to satisfy himself as to the performance of any site staff appointed pursuant to paragraph 3 of this Section and to certify that the works are executed generally according to his designs and specifications or otherwise in accordance with good engineering practice as required by the P.D. ;

(vi) preparing and or checking shop, details and installation

drawings;

(vii) giving all necessary instructions to the Contractor and or subContractors ;

(viii) advising the Contractor or the architect as to the need to

vary any part of the works;

(ix) approving the Contractor’s commissioning procedures and performance tests and inspecting the works on completion;

(x) prepare testing and commissioning procedures ;

(xi) witness the testing and commissioning for the works and

certify the report that the works has been carried out according to the engineering practices ;

(xii) make site evaluation and prepare claim for interim

payment;

(xiii) performing any services which the consulting engineer may be required to carry out under any document which

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he has prepared in relation to the works;

(xiv) delivering to the P.D. on completion of the works, copies of record drawings, Contractor’s operating manuals and instructions, where appropriate, the certificate of works tests, and arranging for the delivery of spares and tools, if necessary;

(xv) inspecting and testing during manufacture and installation

such materials and equipment supplied for incorporation in the works where the inspection and test are within the technical competency of the consulting engineer, and arranging and witnessing acceptance tests;

(xvi) advising the Contractor on the need for special inspection or test other than that referred to in sub-paragraph 1(3)(d)(xv) of this Section;

(xvii) liaison with the relevant authorities for connection of

electricity supply, telephone lines etc;

(xviii) check the maintenance works and certify the maintenance report (if maintenance form part of the scope) ; and

(xix) assist the preparation of final account.

2.(1) Additional Professional Services Not Included In Basic Services (for

civil and structural engineering works other than structural engineering works in buildings, and mechanical engineering works and electrical engineering works other than engineering systems in buildings)

The additional professional services to be provided by the consulting engineer, if

requested or consented to by the P.D., include the following:

(a) (i) preparing any report or other additional documents required for consideration of proposals for the carrying out of alternative works;

(ii) carrying out work consequent upon a decision by the P.D. to

seek or comply with amendments to existing laws affecting the works;

(iii) carrying out work in connection with any application made by the

P.D. for any order, sanction, licence, permit or other consent, approval (not including the normal approval required from the relevant technical authorities, such as building authorities, water-works authorities, electricity authorities and telecommunications authorities) or authorisation necessary to enable the works to proceed;

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(iv) carrying out work arising from the failure of the Contractor to award a contract in due time;

(v) preparing details for shop fabrication of ductwork, metal, plastic

and timber framework;

(vi) carrying out work consequent upon any abandonment of a contract by the subcontractor or upon the failure of the contractor to properly perform any contract or upon delay by the Contractor in fulfilling his obligations or in taking any other step necessary for the due execution of the works;

(vii) advising the P.D. and carrying out work following the taking of

any step in or towards any litigation or arbitration relating to the works;

(viii) carrying out work in conjunction with others employed to provide

any of the services specified in sub-subparagraph 2(1)(b) ;

(ix) providing project management services; and

(x) carrying out such other additional services, if any, as are specified in the Memorandum of Agreement ;

(b) (i) obtaining specialist technical advice on any abnormal aspects of

the works; (ii) obtaining architectural, legal, cost consultancy, financial and

other professional services;

(iii) providing services in connection with the valuation, purchase, sale or leasing of land and the obtaining of wayleaves;

(iv) carrying out of marine, air and land surveys other than those

referred to in sub-sub-subparagraph 1(1)(a)(ii) and making model tests or special investigations; and

(v) carrying out special inspection or test advised by the consulting

engineer under sub-sub-subparagraph 1(1)(d)(iii) .

2.(2) Additional Professional Services Not Included In Basic Services (for

structural engineering works in buildings) The additional professional services to be provided by the consulting engineer, if

requested or consented to by the P.D. include the following:

(a) (i) preparing any report or other additional documents required for consideration of proposals for the carrying out of alternative works;

(ii) carrying out consequent upon a decision by the P.D. to seek or

comply with amendments to existing laws affecting the works;

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(iii) carrying out work in connection with any application made by the

P.D. for any order, sanction, licence, permit, consent, or other approval (not including the normal approval required from the relevant technical authorities such as the building authorities, waterworks authorities, electricity authorities and telecommunications authorities), or authorisation necessary to enable the works to proceed;

(iv) checking and advising on any part of the project not designed by

the consulting engineer;

(v) carrying out work arising from the failure of the Contractor to award a contract in due time;

(vi) carrying out work consequent upon any abandonment of a

contract by the subcontractor or upon the failure of the sub contractor to properly perform any contract or upon delay by the Contractor in fulfilling his obligations or in taking any other steps necessary for the due execution of the works;

(vii) advising the P.D. and carrying out work following the taking of

any step in or towards any litigation or arbitration relating to the works;

(viii) preparing interim or other reports or detailed valuations including

estimates or cost analysis based on measurement or forming an element of a cost planning service;

(ix) carrying out work in conjunction with any other persons employed

to provide any of the services specified in sub-subparagraph 2(2)(b) ;

(x) preparing preliminary estimates for the works which normally

prepared by others including such persons as the architects, quantity surveyors and Subcontractors;

(xi) providing project management services; and

(xii) carrying out such other additional services, if any, as are

specified in the Memorandum of Agreement;

(b) (i) obtaining specialist technical advice on any abnormal aspects of

the works; (ii) surveying the site or existing works and installations;

(iii) providing investigation on the nature and strength of existing

works and the making of model tests or special investigations;

(iv) providing services in connection with the valuation, purchase, sale or leasing of land and the obtaining of wayleaves;

(v) carrying out marine, air and land surveys and making model tests

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or special investigations; and

(vi) carrying out special inspection or tests advised by the consulting engineer under sub-sub-subparagraph 1(2)(d)(xiii) .

2.(3) Additional Professional Services Not Included In Basic Services (for engineering systems in buildings)

The additional professional services to be provided by the consulting engineer, if

request or consented to by the P.D. include the following; (a) (i) preparing any report or other additional documents required for

consideration of proposals for the carrying out of alternative works;

(ii) carrying out work consequent upon a decision by the P.D. to

seek or comply with amendments to existing laws affecting the works;

(iii) carrying out work in connection with any application made by the

P.D. for any order, sanction, licence, permit, consent, or other approval (not including the normal approval required from the relevant technical authorities such as building authorities, water-works authorities, electricity authorities and telecommunications authorities), or authorisation necessary to enable the works to proceed;

(iv) checking and advising upon any part of the project not designed

by the consulting engineer;

(v) negotiating and arranging for the provision or diversion of utility services;

(vi) negotiating any contract or sub-contract with a subcontractor

selected otherwise than by competitive tendering including checking and agreeing on the quantities and nett costs of materials and labour, arithmetical checking and agreeing on the added percentages to cover overhead costs and profit;

(vii) carrying out work arising from the failure of the Contractor to

award a contract in due time;

(viii) carrying out work consequent upon any abandonment of a contract by the subcontractor or upon the failure of the subcontractor to properly perform any contract or upon delay by the Contractor in fulfilling his obligations or in taking any other step necessary for the due execution of the works;

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(ix) carrying out special cost investigations or detailed valuations including estimates or cost analysis based on measurement or forming an element of a cost planning service;

(x) providing manuals and other documents describing the design,

operation and maintenance of the works;

(xi) advising the P.D. and carrying out work following the taking of any step in or towards any litigation or arbitration relating to the works;

(xii) carrying out work in conjunction with any other persons employed

to provide any of the services specified in sub-subparagraph 2(3)(b) ;

(xiii) providing project management services;

(xiv) preparing builder’s work drawings, record drawings or any

detailed schedules where necessary; and

(xv) carrying out such other additional services, if any, as are specified in the Memorandum of Agreement.

(b) (i) obtaining specialist technical advice on any abnormal aspects of

the works;

(ii) obtaining architectural, legal, cost consultancy, financial and other professional services;

(iii) surveying the site or existing works and installations;

(iv) providing services in connection with the valuation, purchase,

sale or leasing of land and the obtaining of wayleaves;

(v) making model tests or special investigations;

(vi) carrying out special inspection or test advised by the consulting engineer under sub-sub-subparagraph 1(3)(d)(xv) ; and

(vii) carrying out commissioning procedures or performances tests.

3. Supervision On Site

(1) Unless otherwise agreed to by the P.D , the consulting engineer shall be in full control of, and be responsible for, construction supervision of the works on site relating to the respective discipline.

(2) If in the opinion of the consulting engineer the nature of the work including the carrying out of any geotechnical and other investigations, topographic survey, and tests warrants full-time or part-time supervision on site in addition to the site visits made by the consulting engineer

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under sub-sub-subparagraphs 1(1)(d)(vii), 1(2)(d)(viii) and 1(3)(d)(v) , whichever is applicable, he shall advise the P.D. of the fact and also the desired qualification and experience which the site staff shall possess.

(3) All site staff in the particular discipline shall be under the control of, and take instructions from, the relevant discipline only.

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SECTION CQ

SCOPE OF SERVICES

FOR

CONSULTING QUANTITY SURVEYOR

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SCOPE OF SERVICES

1.0 TYPES OF SERVICES 1.1 The professional services to be provided by the Consulting Q.S. shall consist of two

(2) types of services as follows:

(a) The basic services; and (b) The additional services.

2.0 BASIC SERVICES FOR BUILDING WORKS, CIVIL ENGINEERING

WORKS, MECHANICAL & ELECTRICAL WORKS, INTERIOR DESIGN WORKS AND LANDSCAPING WORKS

2.1 The basic services for Building Works, Civil Engineering Works, Mechanical &

Electrical Works, Interior Design Works and Landscaping Works to be rendered by the Consulting Q.S. shall be as follows:

(a) Preparation of Preliminary Estimates and Cost Plans; (b) Preparation of Bills of Quantities and other Tender Documents necessary for

the calling of tenders (excluding Specifications to be prepared by the Architect and/or Engineers);

(c) Preparation of Tender Reports and Contract Documents;

(d) Preparation of Tender Documents, Tender Reports and Contract Documents

for Prime Cost Sum and Provisional Sum Items other than those under the charge of Mechanical and Electrical Consultants, Interior Design Consultants, Landscape Architects, Specialist Civil Consultants and any other Specialist Consultants ;

(e) Valuation of works in progress for Interim Valuations/Certificates including

measurement of variations other than those under the charge of Mechanical and Electrical Consultants, Interior Design Consultants, Landscape Architects, Specialist Civil Consultants and any other Specialist Consultants; and

(f) Preparation of Final Accounts.

CQ1/3 Revised

18/12/2000

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3.0 ADDITIONAL PROFESSIONAL SERVICES NOT INCLUDED IN BASIC

SERVICES 3.1 The additional services to be provided by the Consulting Q.S. if requested or

consented to by the P.D , include the following: (a) Pre-Contract (i) Preparation of Feasibility Studies including Income/Expenditure Cash

Flow; (ii) Preparation of Documents and Reports for Pre-qualification of sub

Contractors; (iii) Redrafting of Conditions of Contract to meet special requirements of

the Contractor if the Consulting Q.S. is not appointed to undertake the Basic Services for the same project;

(iv) Pricing of Bills of Quantities for Negotiated Tenders including pricing

and agreeing Schedule of Rates if the Consulting Q.S. is not appointed to undertake the Basic Services for the same project;

(v) Preparation of Cost Analysis based on the accepted Contract Sum;

and (vi) Preparation of Tender Price Index based on the accepted Contract

Sum. (b) Post-Contract (i) Remeasurement of the whole or part of the Building and associated

Works due to:

• replanning of internal layout arising from a change of use;

• repositioning of the building (if remeasurement is required);

• redesign of the structural elements in the works. (ii) Remeasurement of works for Contracts based on Provisional Bills of

Quantities; (iii) Specific Contractual Advice on Conditions of Contract if Consulting

Q.S. is not appointed to undertake the Basic Services for the same project;

(iv) Services arising out of determination of the subcontractor's

employment;

CQ2/3 Revised

18/12/2000

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(v) Continuing Professional Services on a protracted basis; (vi) Attendance at post-contract meetings beyond the original completion

date of the project; (vii) Evaluation of Loss and Expense Claims by the subcontractor based on

the actual costs; (viii) Preparation of Bills of Quantities and other tender documents for

defects and outstanding works to be carried out by a separate subcontractor;

(ix) Specific Services for Turnkey/Design & Build project if Consulting Q.S.

is appointed by the Contractor; (x) Services for making good of works damaged by fire etc; and (xi) Preparation of Costs Analysis based on the Final Contract Sum.

CQ3/3 Revised

18/12/2000

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SECTION D

SCHEDULE OF FEES

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SCHEDULE OF FEES

for the

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

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

AGREEMENT for the above Project entered into on the ..... day of ....... ………………

20.... by the undersigned parties refers to these SCHEDULE OF FEES which shall

be read and construed as part of the Agreement.

................................................... .......................................................……. Signature of Consulting Consulting Architect. Signature of Contractor Name in full: ............................... Name in full: .......................... ..………… In the capacity of : ...................... Designation: .............................………… duly authorised to sign for and for and on behalf of the on behalf of

................................. Seal or chop of Consulting Architect. Witness: ....................................... Witness: .............................................. Name in full: ................................ Name in full: ........................................ Occupation: ................................. Designation: ........................................ Address: ......................................

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

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

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1 DEFINITION

a) "Cost of Works" for the purpose of calculating the fees shall mean the total payment made by the Government to the Contractor in respect for the following:-

(i) of all builders and all specialists or sub-contractors works, including

all variations required by the Government that requires input by the Consultant, services, installations and equipment designed, specified or allowed for and forming an integral part of the total project to enable it to function fully and occupied up to its intended standard of comfort, convenience, décor and finishes;

(ii) including any payments (before deduction of any liquidated

damages or penalties payable by the Contractor to the Government) made by the Government to the Contractor by way of bonus, incentive or ex-gratia payments or in settlement of claims;

(iii) a fair valuation of any labour, materials, manufactured goods,

machinery or other facilities provided by the Government;

(iv) the full benefit accruing to the Contractor from the use of construction plant and equipment belonging to the Government which the Government has required to be used in the execution of the works; and

(v) the market value, as if purchased new, of any second hand

materials, manufactured goods and machinery incorporated in the works.

but shall not include:

(i) operating equipment or machinery that are not an integral essential or essential part of the building;

(ii) administrative expenses incurred by the Government; (iii) costs incurred by the Contractor under the agreement between the

Contractor and the Consulting Architect; (iv) interests on capital employed during construction; (v) the cost of raising money required for carrying out the construction

of works;

(vi) costs of land and way leaves; (vii) professional fees payable or to be borne by the Contractor; and (viii) works for which the Consulting Architect has no design input.

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b) “multiplier” shall be as approved by the Government, which deemed to

include a factor derived from the elements covering annual salary; fringe benefits including bonuses, Employees Provident Fund, staff savings and pension fund, subscriptions to professional boards and institutions; payments to registration boards, leave, medical aid and insurances, seminars, conferences and workshops; office administrative charges and expenses including rentals, telephone, telex, facsimile, courier and postal charges, stationery, subscriptions to journals, promotion, training and scholarships, transport cost, legal and audit fees, bank charges, idle time and profits. In the case of site staff recruited specially for the project, the multiplier shall be derived from the elements covering the annual salary, gratuity, Employees Provident Fund, medical aid, insurances, transportation and other allowances, overheads and profits;

c) “salary” means the basic salary in accordance with the prevailing Guidelines

issued by the Government; d) “time cost” means the annual salary of any person employed by the

Consulting Architect divided by 1,800 (being deemed to be the average annual total of effective working hours of an employee) and multiplied by the number of working hours spent by such person in performing any of the services in respect of which payment is to be made to the Consulting Architect upon the basis of time cost. The annual salary of a person for a period of less than a full year shall be calculated prorata to such person’s salary for such lesser period.

PAYMENT OF FEES. A Consulting Architect who is engaged to perform any of the professional advice and services described in Section CA shall not charge less than the scale of minimum fees described in paragraphs 2, 3 and 4 of this Section in addition to the other payments described in paragraph 6, provided that the higher fees and charges where justified by the Consulting Architect’s special expertise, experience or standing may be applied with the prior agreement of the P.D. . 2. SCALE OF MINIMUM FEES - FEES FOR ADVISORY SERVICES

The Consulting Architect in providing any of the advisory services described

in Section CA shall be paid on the basis of time spent by the Consulting Architect and his staff or on a lump sum derived from an estimate of time likely to be spent as follows:-

(a) the principals shall be paid at the hourly rate or rates deduced from

the salary times the appropriate multiplier; (b) the technical and supporting staff shall be paid the salary times the

appropriate multiplier; (c) the cost of staff other than technical staff shall not be charged unless

otherwise agreed; and

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(d) reimbursable expenses are paid as set out in paragraph 6(1) of this section.

3. SCALE OF MINIMUM FEES - FEES FOR BASIC SERVICES

(1) The Consulting Architect in providing the basic services as described in para 2.0 of Section CA shall be paid in accordance with the minimum scale of fees as described below :

(a) The works shall first be classified under one or more of the three

categories of complexities as described in the Schedule; and

(b) The scales of minimum fees shall be a percentage based upon the total cost of works as follows:

i) For building types of exception character and complexity classified

under Category 1 in the schedule:

Total Cost of Works (RM) Min. Percentage Fee (%)

Below 250,000 10.0%

250,000 - 500,000 RM25,000 + 9.25% x (Cost less RM250,000)

500,000 - 1,000,000 RM48,125 + 8.50% x (Cost less RM500,000)

1,000,000 - 2,000,000 RM90,625 + 7.75% x (Cost less RM1,000,000)

2,000,000 - 4,000,000 RM168,125 + 7.0% x (Cost less RM2,000,000)

4,000,000 - 8,000.000 RM308,125 + 6.25% x (Cost less RM4,000,000)

8,000.000 - 16,000,000 RM558,125 + 5.50% x (Cost less RM8,000,000)

16,000,000 - 32,000,000 RM998,125 + 4.75% x (Cost less RM16,000,000)

32,000,000 - 64,000,000 RM1,758,125 + 4.25% x (Cost less RM32,000,000)

64,000,000 - 128,000,000 RM3,118,125 + 3.75% x (Cost less RM64,000,000)

128,000,000 - 256,000,000 RM5,518,125 + 3.50% x (Cost less RM128,000,000)

256,000,000 - 512,000,000 RM9,998,125 + 3.25% x (Cost less RM256,000,000)

512,000,000 - 1,024,000,000 RM18,318,125 + 3.0% x (Cost less RM512,000,000)

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1,024,000,000 and above RM33,678,125 + 2.75% x (Cost less RM1,024,000,000)

ii) For building types of average complexity requiring a moderate degree of

design and detailing classified under Category 2 in the schedule:

Total Cost of Works (RM) Min. Percentage Fee (%)

Below 250,000 7.50%

250,000 - 500,000 RM18,750+ 7.0% x (Cost less RM250,000)

500,000 - 1,000,000 RM36,250 + 6.50% x (Cost less RM500,000)

1,000,000 - 2,000,000 RM68,750+ 6.0% x (Cost less RM1,000,000)

2,000,000 - 4,000,000 RM128,750+ 5.50% x (Cost less RM2,000,000)

4,000,000 - 8,000.000 RM238,750+ 5.0% x (Cost less RM4,000,000)

8,000.000 - 16,000,000 RM438,750+ 4.50% x (Cost less RM8,000,000)

16,000,000 - 32,000,000 RM798,750+ 4.25% x (Cost less RM16,000,000)

32,000,000 - 64,000,000 RM1,478,750 + 4.0% x (Cost less RM32,000,000)

64,000,000 - 128,000,000 RM2,758,750 + 3.75% x (Cost less RM64,000,000)

128,000,000 - 256,000,000 RM5,158,750 + 3.50% x (Cost less RM128,000,000)

256,000,000 - 512,000,000 RM9,638,750 + 3.25% x (Cost less RM256,000,000)

512,000,000 and above RM17,958,750 + 3.0% x (Cost less RM512,000,000)

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iii) For building types of the simplest utilitarian character under Category 3

in the Schedule:

Total Cost of Works (RM) Min. Percentage Fee (%)

Below 250,000 5.0%

250,000 - 500,000 RM12,500 + 4.75% x (Cost less RM250,000)

500,000 - 1,000,000 RM24,375 + 4.25% x (Cost less RM500,000)

1,000,000 - 2,000,000 RM46,875 + 4.0% x (Cost less RM1,000,000)

2,000,000 - 4,000,000 RM89,375 + 3.75% x (Cost less RM2,000,000)

4,000,000 - 8,000.000 RM169,375 + 3.50% x (Cost less RM4,000,000)

8,000.000 - 16,000,000 RM319,375 + 3.25% x (Cost less RM8,000,000)

16,000,000 - 32,000,000 RM579,375 + 3.0% x (Cost less RM16,000,000)

32,000,000 - 64,000,000 RM1,059,375 + 2.75% x (Cost less RM32,000,000)

64,000,000 - 128,000,000 RM1,939,375 + 2.50% x (Cost less RM64,000,000)

128,000,000 - 256,000,000 RM3,539,375 + 2.25% x (Cost less RM128,000,000)

256,000,000 and above RM6,419,375 + 2.0% x (Cost less RM256,000,000)

(2) The computation of fees payable for projects comprising more than one category of building types shall be as follows :

(i) the total cost of the works under the simpler category of complexity of

building types shall be derived and the fees computed in accordance with the scale of minimum fees for the simpler category of complexity; and

(ii) the additional fee for the next more complex category of building types

which shall be computed by applying the difference between the scale of fees of the two categories upon the cost of the works for the more complex category of building types and with the total cost of all common and preliminary items apportioned between the two different categories of building types.

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(3) Where the Consulting Architect is engaged to render basic services which entail repetitive works for the purpose of one building contract where the construction works are executed within the same project site and the same contract period, the fees shall be computed as follows:

Building Unit Percentage of Fees Based on Total Construction Cost

For the original unit 100% (full fees)

For the 2nd unit 40% of full fees

For the 3rd unit 35% of full fees

For the 4th unit and subsequent units 30% of full fees (4) Where the Consulting Architect is engaged to render basic services which

entail repetitive work for the purpose of separate building contracts where the construction works are on different sites or at different contract periods, the fees shall be computed as follow:

Building Unit Percentage of Fees Based on Total Construction Cost

For the original unit 100% (full fees)

For the 2nd unit 65% of full fees

For the 3rd unit 55% of full fees

For the 4th unit and subsequent units 45% of full fees (5) Where the Consulting Architect is engaged to render basic services which

entail repetitive work for housing projects, the fees shall be computed as follows:

Building Unit Percentage of the Total Cost of Works

For the 1st unit 100%

2nd to 5th unit 75%

6th to 10th unit 50%

11th to 20th unit 40%

21st to 50th unit 30%

51st unit and above 20%

The scale of fees for repetitive work shall be applied subject to the following conditions:

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(i). The fee per unit shall in no case be less than RM250 (note that this rate is currently being reviewed by Board of Consulting Architects);

(ii). The total cost of works of a single unit shall be computed by including the total cost of all the builders works, built-in fittings, integral services and installations, site and external works and infrastructure services serving the immediate site on which the units are constructed for all the units that are repeated and dividing it by the total number of repeated units;

(iii). A pair of semi-detached houses shall be considered as two buildings; (iv). A unit in a row of terrace houses or shop houses including the end

units which may be differently treated shall be considered as one unit; (v). A block of flats or flatted factories shall be considered as a single unit

but multiple units of individual flats or other units in a multi-storeyed block shall not qualify for the application of the scale of fees for repetitive work;

(vi). Where due to variation in site conditions it is necessary to modify the design of the standard type plan to accommodate the ground level or substructure of the building, the modified unit may still be considered as a standard repetitive unit provided the additional work involved in modifying the design and the preparation of additional drawings is paid to the Consulting Architect on the basis of time cost; and

(vii). The handling (proposed amendment to `banding’ etc to be confirmed) of plans of otherwise identical type plans of standard units in a housing development scheme shall still qualify the units for application of the scale of fees for repetitive work.

4. SCALE OF MINIMUM FEES - FEES FOR ADDITIONAL SERVICES

The Consulting Architect’s fees for providing the services under the

additional services as described in para 3.0 of Section CA shall be not less than the following:

(a) Surveys and investigations

The basis of payment for the professional services rendered shall be as set out in paragraph 3(1) of this section.

(b) Planning and development services

The fees for the various services under this category shall be as follows :

(i) for preparing a preliminary technical evaluation of a project the

fees shall be as set out in paragraph 3(1) of this section; (ii) for preparing plans for housing development as described in sub

paragraph 3.0 (b)(ii) of Section CA the fees shall either be on time cost basis described under paragraph 3(1) of this section or on a lump sum derived from an estimate of time likely to be spent and agreed with the client; and

(iii) for preparing documents and providing services in connection with demolition works as described in sub paragraph 3.0 (b) (iii) of Section CA the fees shall be as set out in paragraph 3(1) of this section.

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(c) Supplementary Design Services

The fees for the various services under this category shall be as follows :

(i) for providing full interior design services the fee shall be a minimum of 10.0% of the total cost of the works executed and forming the interior design contract together with all reimbursable expenses as provided for under paragraph 5(1) of this section and shall be paid to the Consulting Architect at such time as may be agreed upon with the client when the Consulting Architect is first engaged;

(ii) for providing full landscape design services the fee shall be a minimum of 10.0% of the total cost of the works executed together with all reimbursable expenses as provided for under paragraph 5(1) of this section and shall be paid to the Consulting Architect at such times as may be agreed upon with the client when the Architect is first engaged;

(iii) for providing design and management services in connection with graphics and building signage, the minimum fee shall be on the basis of time costs as provided under paragraph 3(1) of this section together with all reimbursable expenses as provided for under paragraph 5(1) of this section ;

(iv) for advising the client and providing services in connection with works of art the fees shall be as set out in paragraph 3(1) of this section; and

(v) for providing services in connection with development of designs for prototype buildings as described in Sub paragraph 3.0 (c) (iii) of Section CA, the fees shall be as set out in paragraph 3(1) of this section.

(d) Financial Advisory Services The fees for rendering the professional services under this category

shall be as follows : (i) for preparing cost estimates and other services as described in

sub paragraph 3.0 (d)(i) the fees shall be as set out in paragraph 3(1) of this section.

(e) Exceptional Negotiations or Protracted Involvement The fees for rendering the professional services as described under

Sub paragraph 3.0(e)(i) of Section CA and Sub paragraph 3.0 (e)(iii) of Section CA shall be as set out in paragraph 3(1) of this section.

(f) Payment for Inspection of works.

(i) In an event where more frequent or constant inspection is considered by the Consulting Architect and approved by the P.D. to be necessary , the Consulting Architect shall be :-

(a) reimbursed for all salary costs made by the Consulting

Architect to his own staff seconded to the site in the

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discharge of the Consulting Architect’s responsibilities under para 2.0(d)(iv) section CA times a multiplier; and

(b) reimbursed for all salaries and wage payments made by the

Consulting Architect to site staff specially recruited by the Consulting Architect in the discharge of his responsibilities under para 2.0 (d) (iv) section CA times a multiplier, and for all other expenditures actually incurred by the Consulting Architect in connection with the selection, engagement and employment of the site staff.

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No. ADDITIONAL SERVICES BASIS OF PAYMENT

A. Surveys and investigations Time Cost

B. Planning and development services (i). Preparing a preliminary technical

evaluation Time Cost

(ii). Preparing plans for housing developments

Time Cost or a lump sum derived from an estimate of time likely to be spent and agreed with the P.D.

(iii). Preparing documents and providing services in connection with demolition works

Time Cost

C. Supplementary Design services

(i). Providing full interior design services

Minimum 10% of the total cost of the works executed and forming the interior design contract together with all reimbursable expenses as provided under para 6(1) and shall be paid to the Consulting Architect at such time as may be agreed upon with the Contractor when the Consulting Architect is first engaged.

(ii). Providing full landscape design services

Minimum 10% of the total cost of the works executed together with all reimbursable expenses as provided under para 6(1) and shall be paid to the Consulting Architect at such time as may be agreed upon with the Contractor when the Consulting Architect is first engaged.

(iii). Providing design and management services in connection with graphics and building signage

Time Cost together with reimbursable expenses as provided under para 6(1)

(iv). Advising the P.D. and providing services in connection with works of art

Time Cost

(v). Providing services in connection with development of designs for prototype buildings

Time Cost

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No. ADDITIONAL SERVICES BASIS OF PAYMENT

D. Financial Advisory services

(i). Preparing cost estimates and other services

Time Cost

E. Exceptional Negotiations or Protracted Involvement

Time Cost

F. Project Management and Administration

(i) Providing total project management services from the inception to completion of a project

Time Cost

(ii) Providing periodic or full time resident site personnel for frequent or constant inspection of the works

Time Cost

(iii) Providing the full services required for construction management in serving as the overall coordinator where separate contracts for each trade are awarded

Time Cost

(iv) preparing `as built’ drawings of buildings on which the Consulting Architect was not the designer

Time Cost

(v) Preparing a programme for the maintenance of a building and arranging maintenance contracts

Time Cost

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5 PAYMENT OF FEES

(a) The fees payable to the Consulting Architect shall be made as follows – UPON COMPLETION PERCENTAGE CUMULATIVE OF EACH PHASE FEE FOR PHASE PERCENTAGE FEE FOR PHASE Schematic Design Phase 15% 15% Design Development 30% 45% Phase Contract Documentation 20% 65 % Phase Contract Implementation 35% 100% and Management Phase

(b) Where the Consulting Architect has not completed all the work described under the Schematic Design Phase but has only prepared preliminary sketch designs or studies to illustrate the possibilities or viability of a site or cost of a scheme the fee shall be as set out in based on time spent by the Consulting Architect and his staff or on a lump sum derived from an estimate of time likely to be spent and agreed with the P.D. .

(c) Where the Consulting Architect is engaged only for the purpose of the

Contract Implementation and Management Phase the Consulting Architect's fee shall be increased by 15% of the appropriate percentage fee for this phase and shall be paid by instalments based on the value of works as certified from time to time.

(d) The Consulting Architect shall be entitled to monthly payments in proportion

to the services rendered so that the total fees paid at the completion of each of the phases shall be equal to the percentages as set out in Paragraph 5(a) of this section.

(e) The Consulting Architect shall be paid for Reimbursable Expenses as

described in paragraph 6(1) of this section at monthly intervals upon presentation of the Consulting Architect's account.

(f) All fees or charges due to the Consulting Architect shall not be reduced or

withheld on account of any penalties, liquidated and ascertained damages or any other sums withheld from payments to the Contractor or other parties unless such penalties, liquidated and ascertained damages or sum withheld are due to the default of the Consulting Architect.

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6. OTHER PAYMENTS (1) Reimbursable Expenses

a. In addition to the fees payable to the Consulting Architect for any of the services rendered, the Consulting Architect shall also be entitled to be reimbursed by the Contractor for the disbursements actually incurred - for the following:- (i) printing, reproducing all documents, drawings, maps, models,

photographs and other records including those used in communication between the Consulting Architect and the other independent consultants and subcontractors with the exception of one free set of all documents to be provided to the Contractor at all phases of the work during the Consulting Architect's basic services and in making enquiries to Contractors, subcontractors and suppliers;

(ii) telegrams, telex, facsimile transmissions, outstation telephone calls and postage and courier charges for sending documents or other items at the request of the Contractor;

(iii) hotel and travelling expenses based on the current government rates not exceeding that of a government scale grade J48 or equivalent entitlement;

(iv) advertisements for calling of tenders and for site personnel as required by the Contractor ; and

(v) fees payable to independent consultants where they are engaged directly by the Consulting Architect with the prior approval of the Contractor.

(2) Payment for alteration or modification of design

If after the completion by the Consulting Architect of his professional services at any time after the execution of an agreement between the Consulting Architect and the Contractor, any design whether completed or in progress or any specification, drawings or other document prepared in whole or in part by the Consulting Architect are required to be modified or revised by reason of circumstances which could not reasonably have been foreseen, the Consulting Architect shall be paid an additional payment by the Contractor in accordance with paragraph 2 of this section for the additional works together with any reimbursement as provided in paragraph 6(1) of this section, provided that the Consulting Architect shall only be paid for any modification or revision to the design after P.D has given its agreement to the final conceptual design.

(3) Payment when works are damaged or destroyed

If at anytime either during the execution of the works or before the expiry of Defects Liability Period/Period of Maintenance any part of the works or any material, plant or equipment whether incorporated in the works or not are damaged or destroyed not due to the negligence on the part of the Consulting Architect, the Consulting Architect shall be paid an additional payment in respect of any expenses incurred or additional work required by the Contractor to be carried out by the Consulting Architect then the Consulting Architect shall be paid by the Contractor in accordance with paragraph 2 of this section for the additional works together with any reimbursements as provided in paragraph 6(1) of this section.

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(4) Payment following termination or suspension by the Contractor

(i) In the event of the termination of this agreement (unless such termination

shall have been occasioned by the default of the Consulting Architect) or the suspension of the project by the Contractor, the Consulting Architect shall be paid the following sums (less the amount of payments previously made to the Consulting Architect).

a) A sum deducible from the percentage of the project completed up till

the time of termination or suspension; and b) Amounts due to the Consulting Architect under paragraphs 2, 3

and 4, provided that the Consulting Architect shall accept the said payments by the Contractor as full and complete settlement of its claim for payment under or arising out of this agreement.

(ii) In the event that the Consulting Architect is required to recommence the

project suspended by the Contractor the Consulting Architect shall be paid for the performance of his professional services the sum payable to the Consulting Architect under paragraphs 2, 3 and 4.

(iii) If the works are suspended or postponed following the postponement of

the Project by the P.D., the fees payable to the Consulting Architect shall be as follows:-

a) for the preliminary stage, design stage and tender stage, the fees shall

be computed on the lowest acceptable tender provided that if no acceptable tender is received then the fees shall be computed on the estimate made by the Consulting Architect of the cost of works at the date of calling for tenders;

b) If the works subsequently resumed, the total fees payable to the Consulting Architect, inclusive of the fees paid under sub-subparagaraph 6(4)(iii)(a) shall be as follows: (aa) for the preliminary stage, design stage and tender stage – the

fees shall be as computed in sub-subparagraph 6(4)(iii)(a); and (bb) for the construction stage – the fees shall be computed on the

final contract sum of the works at the time of completion of the works.

(5) Payment following termination by the Consulting Architect.

In the event of a termination by the Consulting Architect, the Consulting Architect shall be entitled to be paid the sums specified in paragraph 6(4)(i) less the amount of payment previously made to the Consulting Architect.

(6) The Consulting Architect shall also in all cases be reimbursed for the actual

cost of providing such site office accommodation, furniture, telephones, equipment and transport as shall be reasonably necessary for the use of the Consulting Architect’s site staff, and for the actual running costs of the site accommodation and other facilities including those of any stationery, telephones calls, telegrams, telex, facsimile, courier service and postage unless they are provided by the Contractor.

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SCHEDULE

CLASSIFICATION OF BUILDING TYPES UNDER CATEGORIES OF COMPLEXITY

CATEGORY 1

Buildings of exceptional character and complexity Airport terminal buildings Abbatoirs Chancery buildings Embassy buildings Ferry terminal buildings Hospitals (Service, teaching, central-support units or departments to hospitals) Individually - designed houses Legislative buildings Mausoleums Memorials Monuments Museums Observatories Palaces Renovation works

CATEGORY 2 Buildings of average complexity requiring a moderate degree of design and detailing Aquaria Art galleries Assembly halls Auditoria Bakeries Banks Bowling alleys Cinema halls Club houses College buildings Concert halls and theatres Convention halls and facilities Court houses Crematoria Cafeteria and canteens Civic centres Community centres Departmental stores Exhibition/exposition buildings

Fire stations Flat (blocks of)/Apartment buildings Gymnasia Hotels Housing estates Industrial buildings with manufacturing and packaging facilities

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Kindergarten Libraries Marinas Markets Medical and health clinics Mixed residential/commercial complexes Motels Nursing homes Office buildings Parking structures (multi-storeyed) Petrol filling and service stations Prisons Post offices Police stations Prefabricated structures Power stations Recreational buildings and facilities Restaurants Road transportation terminal buildings Religious buildings Research buildings School buildings (other than government primary and secondary schools where standard plans are used) Shophouses Shopping centres/complexes Skating rinks (covered, ice/roller skating) Sports buildings Stadia Supermarkets Telephone exchange buildings University buildings Veterinary clinics

CATEGORY 3 Buildings of the simplest utilitarian character Carports (single-storeyed) Farm buildings School buildings (government and government-aided primary and secondary schools - where standard plans are used) Simple industrial type buildings Storage or warehouse buildings

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SECTION DE

SCHEDULE OF FEES

FOR

CONSULTING ENGINEER

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DE 1/15 Revised

19..11. 2003

SCHEDULE OF FEES

for the

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

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

AGREEMENT for the above Project entered into on the ..... day of ....... ……..............

20....... by the undersigned parties refers to these SCHEDULE OF FEES which shall

be read and construed as part of the Agreement.

................................................... ............................................................ Signature of Consulting Engineer. Signature of Contractor Name in full: ............................... Name in full:......................... ………… In the capacity of : ...................... Designation: ....................................... duly authorised to sign for and for and on behalf of the on behalf of

......................................... Seal or chop of Consulting Engineer. Witness: ....................................... Witness: .............................................. Name in full: ................................ Name in full: ........................................ Occupation: ................................. Designation: ........................................ Address: ......................................

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

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1. DEFINITION (a) “builder’s work drawing” means the drawings prepared or approved by the

Consulting Engineer which show details of work of a structural nature which is required to be carried out by a builder or other party to facilitate the execution of the engineering systems in the buildings;

(b) “Cost of Works” for the purpose of calculating the fees shall mean the total

payment made by the Government to the Contractor , in respect for the following

(i) any payment (before deduction of any amount of liquidated

damages or penalties payable by the Contractor to the Government) made by the Government to the Contractor by way of bonus, incentive or ex-gratia payments or in settlement of claims;

(ii) a fair valuation of any labour, materials, manufactured goods,

machinery or other facilities provided by the Government, and of the full benefit accruing to the Contractor from the use of any construction plant and equipment belonging to the Government which the Government has required the Contractor to use in the execution of the works;

(iii) the market value, as if purchased new, of any second-hand

materials, manufactured goods and machinery incorporated in the works;

(iv) the cost of geotechnical investigations;

(v) a fair proportion of the total cost to the Government of any work

executed in connection with the provision or diversion of public utilities systems which is carried out, other than by the Contractor, under arrangements made by the Consulting Engineer, assessed with reference to the cost incurred by the Consulting Engineer in making such arrangements, and

(vi) any variations required by the Government that requires input by

the Consulting Engineer, but shall not include-

(aa) the administration expenses incurred by the Government; (bb) the costs incurred by the Contractor under the agreement

between the Contractor and the Consulting Engineer for professional services for the works;

(cc) the interest on capital during construction, and the cost of raising

moneys for carrying out the construction of the works;

(dd) the cost of land and wayleaves;

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(ee) professional fees payable or to be borne by the Contractor ; and

(ff) works for which the Consulting Engineer has no design input.

(c) “engineering system” means all mechanical and electrical services, plant

and equipment installed for the Project, and comprises as may be required such items as are listed below:

(i) Electrical Installations which include

aa) High Voltage System Generating switchgear and equipment, over-head line, underground cabling, metering.

bb) Low Voltage System Generating, over-head line, underground cabling, metering, sub-marine cabling, lighting system, wiring works, switchboard and accessories, motor and starter, lightning protection, earthing.

cc) Extra Low Voltage System

Security an close circuit television (CCTV), UPS(Uninterruptible power supply), solar system, electric-surgical table, energy saving equipment.

dd) Electronic and Control engineering system

Toll collection, data collection, intelligent transport system, programmable logic control, x-ray, scoreboard and display board (electronic), radar/sonar/radio detection, instrumentation.

ee) Information and Communication Technology (ICT) System.

Telephone system, PABX and key phone system, video conferencing, Intercom, nurse call, digital call, SCADA and telemetry, translate system, IT network, fibre Optic cabling and distribution, wireless telecommunication, signaling.

ee) Sound, audio Visual and Acoustic System

Public Address, Audio Visual, signal cabling, master TV antenna (MATV), acoustic and sound proofing.

(ii) Mechanical Installations which include

aa) Air conditioning and Ventilating Air-conditioning, mechanical ventilation, ice thermal storage, district cooling, cold room.

bb) Fuel and Gas Distribution System

Medical Gases piping system, lpg system, lab gases, general compressed air, vacuum system, bulk fuel installation.

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cc) Fire Protection System dd) Lifts and escalators

Lifts, escalators, dumbwaiter, hoists.

ee) Steam Generation System

ff) Building Automation System Intelligent building, Building management system, energy management.

gg) Material Transportation

Pneumatic tube system, telelift, conveyor system.

hh) Medical and Lab Equipment Sterilisers, washer, disinfectors, dental chair, hydrotherapy pool, mortuary cabinet, fume cupboard, cytotoxic cabinet, laminar flower cabinet.

ii) Kitchen Equipment Food preparation, cooking, conveying and serving system.

jj) Internal Hot and Cold Water system Pumping system, calorifiers, hot water boilers, heat pump.

kk) Other mechanical Equipment and Installation Incinerator, laundry equipment, audometry cabin.

(d) “installation drawing” means the drawings, prepared or approved by the Consulting Engineer, which show details of the Contractor’s proposals for the execution of the engineering system;

(e) “multiplier” shall be as approved by the Government, which deemed to

include a factor derived from the elements covering –

(i) the annual salary; (ii) the fringe benefits including benefits from bonuses, the

Employee’s Provident Fund, Social Security Organisation, staff savings fund, subscriptions to professional boards and institutions, leave, medical aid and insurances, seminars, conferences and workshops;

(iii) the office administrative charges and expenses including rentals,

telephone and telex, facsimile and postal charges, stationery, subscriptions to journals, promotion, training and scholarships, transport costs, legal and audit fees, bank charges and idle time; and

(iv) the profits,

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and, in the case of site staff recruited especially for the Project, the multiplier shall be derived from the elements covering the annual salary, gratuity, benefits from the Employee’s Provident Fund and Social Security Organisation, medical aid, insurance, overhead costs and profit only;

(f) “as built drawings” means drawings, prepared or approved by the Consulting Engineer, which show clearly the general scheme and the details of the engineering system in the building as completed;

(g) “salary cost” means the annual salary of a person employed by the

Consulting Engineer divided by 1800 (this being deemed to be the average annual total of effective working hours of an employee) and multiplied by the number of working hours spent by the person in performing any of the services in respect of which payment is to be made to the Consulting Engineer upon the basis of salary cost; and for the purpose of this definition, the annual salary of a person for a period of less than a full year shall be calculated prorata to the person’s salary for such lesser period;

(h) “salary” means the basic salary in accordance with the prevailing Guidelines

issued by the Government; (i) “structural engineering works in building” means all works in structural

reinforced concrete, prestressed concrete, steel, timber and other materials or a combination of any of these, which are designed to transmit the weight of, and the loads on, the building to the ground and includes the foundations and excavations connected with them;

(j) “tender drawings” means the drawings prepared by the Consulting Engineer

in sufficient detail to enable those persons tendering to interpret correctly the design of the works and to submit competitive tenders for the execution of the works;and

(k) “the works” means the works in connection with which the Contractor has

engaged the Consulting Engineer to perform professional services, and which may comprise –

(i) Type A works, namely, civil and structural engineering works (other than structural engineering works in buildings), mechanical engineering works and electrical engineering works (other than the engineering systems in buildings);

(ii) Type B works, namely, structural engineering works in buildings

other than single unit or multiple units of houses, shop houses, flats, condominiums and apartments of not more than four storeys high; and/or

(iii) Type C works, namely, engineering systems in buildings other

than single unit or multiple units of houses, shop houses, flats, condominiums and apartments of not more than four storeys high.

2. SCALE OF FEES FOR BASIC PROFESSIONAL SERVICES

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The Consulting Engineer in performing the professional services described in subparagraphs 1(1), 1(2) and 1(3) of Section CE shall be paid in accordance with only one of the following modes of remuneration as described in subparagraphs 2(1) and 2(2).

(1) Payment Depending Upon The Cost Of the Works

(a) The fee to be paid to the Consulting Engineer shall be an

amount equal to the product of the total Cost of the Works times the percentage determined from the Scale of Fees set out in sub-subparagraph 2(1)(b).

(b) The Scale of Fees referred to in sub-subparagraph 2(1)(a) shall

be as follows:

Total Cost Of Components Of The Works In The Respective Type in RM

P(max)

P(min)

100,000 & below 250,000 500,000 1,000,000 2,500,000 5,000,000 10,000,000 20,000,000 25,000,000 50,000,000 75,000,000 100,000,000 150,000,000 200,000,000 250,000,000 300,000,000 350,000,000 400,000,000 500,000,000 600,000,000 700,000,000 800,000,000 900,000,000 1,000,000,000 & above

10.00% 8.65% 7.60% 6.80% 6.00% 5.50% 5.00% 4.65% 4.50% 4.25% 4.10% 3.95% 3.70% 3.55% 3.40% 3.30% 3.20% 3.10% 2.95% 2.85% 2.75% 2.67% 2.60% 2.54%

8.25% 7.45% 6.85% 6.30% 5.65% 5.20% 4.75% 4.25% 4.10% 3.80% 3.70% 3.60% 3.40% 3.25% 3.10% 3.00% 2.90% 2.80% 2.70% 2.60% 2.50% 2.40% 2.33% 2.28%

Intermediate values shall be interpolated linearly from the adjacent percentages of P(max) or P(min), as the case may be.

The actual percentage to be used in sub-subparagraph 2(1)(a) shall

be a value within the range P(min) to P(max), and shall be agreed to between the Contractor and the Consulting Engineer prior to the engagement. Selection of the actual percentage shall be based on the

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complexity of the works.

(c) If bar bending schedules for reinforced concrete work are prepared and furnished by the Consulting Engineer he shall be paid an additional fee calculated at 3/4 (three quarters) percent of the cost of the reinforced concrete work for which the bar bending schedules are prepared and furnished. In this context, reinforced concrete work comprises concrete, reinforcements, prestressing tendons and anchorages, formwork, inserts and all labour, together with the relevant portion of the preliminaries.

(d) If the works are to be constructed in more than one phase and as a consequence the services which the Consulting Engineer has to perform under subparagraphs 1(1), 1(2) and 1(3) of Section CE, have to be undertaken by the Consulting Engineer separately in respect of each phase, then these provisions for payment shall apply separately to each phase as if the expression “the works” as used in this paragraph means the works comprised in each phase.

(e) If the design of any unit of works is adopted again in the construction

of subsequent units by the same Contractor under one works contract or under other works contracts at the same site or other sites under the same consultancy agreement, and the Consulting Engineer’s same drawings, specifications and other documents are used with or without modification of foundations to suit site conditions, the fees shall be reduced for each of the second and subsequent units in accordance with the following Tables A or B:

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Table A: Applicable to Type A Works

Fees as % of the full fee for all stages for 1st Unit

Unit Concerned

For design copyright

only

Up to &

including tender stage

Up to &

including construction

stage 1st Unit

(Apply subparagraph 2(1) or 2(2) , whichever is applicable)

2nd Unit 30 35 65 3rd Unit 20 25 55 4th Unit 10 15 45

Each of the 5th & Subsequent Units

Free of charge

5 35

Table B: Applicable to Type B and Type C Works

Unit Concerned

Fees A For Structural Engineering Works (As % of fee for 1st Unit)

Fees B For Engineering Systems (As % of fee for 1st Unit)

1st Unit Each of the 2nd to 5th Units Each of the 6th to 10th Units Each of the 11th to 20th Units Each of the 21st & Subsequent Units

100 75 50 40 30

100 75 50 40 30

(f) The scale of fees for repetitive work mentioned in sub-subparagraph 2(1)(e) shall be applied subject to the following conditions:

(i) a block of shops, flats, apartments or condominium shall be

considered as a unit;

(ii) the cost of a single unit shall be computed by including the apportioned preliminaries;

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(iii) if it is necessary to modify the design of the standard unit to accommodate the ground level for the substructure of any repetitive unit or part of any repetitive unit due to variation in site conditions or other reasons, the modified unit shall still be considered as a repetitive unit provided that the additional work involved in modifying the design and preparation of additional drawings is paid for by the Contractor to the Consulting Engineer on a time basis (i.e. salary cost times a multiplier) together with relevant disbursements as provided in subparagraphs 5(2) and 5(3) , and

(iv) if a development has units comprising different numbers of

shops, flats, apartments or condominiums of similar designs in each unit (i.e. the intermediate shops, flats, apartments or condominiums of the units having identical or mirror plans each to each, and the end shops, flats, apartments or condominiums of the units having identical or mirror plans each to each), then for the purpose of application of the Scale for repeated works prescribed in sub-subparagraph 2(1)(e) , the cost of every one of the units shall be taken as equal to the average cost of all such units of similar design including apportioned preliminaries.

(2) Payment On The Basis Of Salary Cost Times Multiplier

(a) In respect of the provision by the Consulting Engineer of professional services described in the following paragraphs:

Subparagraphs 1(1), 1(2) And 1(3) of , Section CE

Basic Professional Services

Subparagraphs 2(1), 2(2) And 2(3) of , Section CE

Additional Professional Services Not Included In Basic Professional Services

Paragraph 5

Other Payments,

the Consulting Engineer shall be paid:

(i) salary cost times the multiplier in respect of the times spent in providing the services by partners, Consultants, and technical supporting staff; and

(ii) the fee for the use of computers or other special

equipment under subparagraph 5(1).

(b) The Consulting Engineer shall not be entitled to any payment in respect of time spent by secretarial staff or by staff engaged on general accountancy or administration duties in the Consulting Engineer’s office.

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3. SCALE OF FEES – ADDITIONAL PROFESSIONAL SERVICES NOT

INCLUDED IN BASIC SERVICES

The Consulting Engineer who has rendered any of the additional professional services described in subparagraphs 2(1), 2(2) and 2(3) of Section CE shall be paid in accordance with the following scale of fees:

(a) the input of partners and consultants shall be paid for at the hourly rate or rates agreed between the Contractor and the Consulting Engineer or at rates derived from the salary cost times the appropriate multiplier;

(b) the input of technical and supporting staff shall be paid for at

the rates derived from the salary cost times the appropriate multiplier;

(c) the time spent by partners, consultants, technical and

supporting staff in travelling in connection with Additional Professional Services shall be paid for as provided in subparagraphs 3(a) and 3(b) ;

(d) Consulting Engineer shall not be entitled to any payment in

respect of time spent by secretarial staff or by staff engaged on general accountancy or administration duties in the Consulting Engineer’s office;and

(e) if the Consulting Engineer has obtained the advice of a

specialist under sub-subparagraphs 2(1)(b), 2(2)(b) and 2(3)(b) of Section CE, the Consulting Engineer shall be paid by the Contractor a co-ordinating fee of 5% of the specialist fee paid to the specialist by the Contractor provided that such co-ordinating fee shall not be applicable when the method of payment for the professional services rendered is agreed between the Consulting Engineer and the Contractor to be as described in subparagraph 2(2) of this Section .

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4. STAGES OF PAYMENT OF FEES

The proportions of the total fee for the works to be paid to the Consulting Engineer against the relevant stages of professional services shall be as follows:

Type A Works

Type B Works

Type C Works

1. Preliminary stage 2. Design stage (i) 3. Design stage (ii) & (iii) 4. Tender stage 5. Construction stage

i) Supervision ii) Preparation of as built

drawing & records iii) Preparation of Final

Account

15%

20%

15%

5%

-

25%

10%

10%

15%

30%

15%

5%

-

15%

10%

10%

15%

20%

20%

5%

-

20%

10%

10%

Unless otherwise specified or mutually agreed beforehand between the Contractor and the Consulting Engineer, the fee apportioned to each stage shall be paid in full even if, under the circumstances in a particular case, the Consulting Engineer is not required to perform some of the professional services listed under that stage in Section CE.

5. OTHER PAYMENTS

(1) Payment For Use Of Computer (software and/or hardware) Or

Other Special Equipment

If the Consulting Engineer is to be paid by the Contractor:-

a) in accordance with subparagraph 2(2) of this Section for the performance of his basic professional services described in subparagraphs 1(1), 1(2) and 1(3) of Section CE or of any additional professional services described in subparagraphs 2(1), 2(2) and 2(3) of Section CE or

b) in accordance with subparagraph 2(1) of this Section for the

performance of his basic professional services described in subparagraphs 1(1), 1(2) and 1(3) of Section CE and with

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subparagraph 2(2) of this Section for the performance of any additional professional services described in subparagraphs 2(1), 2(2) and 2(3) of Section CE,

and in both instance, computers or other special equipment had been utilised for specialised designs and studies with the prior approval, or at the request of the P.D., the Consulting Engineer shall be paid for :

(i) the time spent in connection with the use of the computers or

other special equipment, the development and writing of programmes, and the operation of the computers and other special equipment in trial and final runs, in accordance with subparagraph 2(2) of this Section whenever applicable, or in accordance with the scale of fees described in paragraph 3 of this Section; and

(ii) the actual charge for the use of the computers (software and/or

hardware) or other special equipment.

(2) Disbursements

The Consulting Engineer shall be in all cases be reimbursed by the Contractor for the disbursements actually incurred but not exceeding current government rates in connection with: (a) the printing, reproduction and purchase of all documents, drawings,

maps and records;

(b) telegrams, telex, facsimile, courier service and telephone calls other than local calls;

(c) travelling, hotel expenses and other similar disbursements based on

current government rates but not exceeding that of a government scale grade J48 entitlement;

(d) the advertisements for tenders and for site staff;

(e) the provision of additional professional services to the P.D. under sub-

subparagraphs 2(1)(b), 2(2)(b) and 2(3)(b) of Section CE;

(f) the service tax as required by the law for the professional fee; and

(g) any fees, costs or charges paid by the Consulting Engineer to the local authority or other authorities in connection with the seeking and obtaining of statutory approvals.

(3) Payment For Alteration or Modification To Any Approved Design If after the completion by the Consulting Engineer of his professional

services under sub-subparagraphs 1(1)(a), 1(2)(a) and 1(3)(a) of Section CE whichever is applicable, any design whether completed or in progress or any specifications, drawings or other documents prepared in whole or in part by the Consulting Engineer is required to

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be altered or modified by reason of instructions received by the Consulting Engineer from the Contractor, at the instruction of the P.D., the Consulting Engineer shall be paid an additional payment by the Contractor as provided in subparagraph 2(2) of this Section calculated in accordance with paragraph 3 of this Section and also any appropriate reimbursements provided in paragraphs 5(1) and 5(2) for making any necessary alteration or modification and for any consequential reproduction of documents, provided that the Consulting Engineer shall only be paid for any alteration or modification to the design after the P.D. has given his approval to the design.

(4) Payment For Site Supervision (i) In addition to any other payments to be made by the Contractor to the

Consulting Engineer under this Section the Consulting Engineer shall be -

(a) reimbursed for all salary costs made by the Consulting

Engineer to his own staff seconded to the site in the discharge of the Consulting Engineer’s responsibilities under paragraph 3 of Section CE times a multiplier; and

(b) reimbursed for all salaries and wage payments made by the Consulting Engineer to site staff specially recruited by the Consulting Engineer in the discharge of his responsibilities under paragraph 3 of section CE times a multiplier, and for all other expenditures actually incurred by the Consulting Engineer in connection with the selection, engagement and employment of the site staff with the consent of the Contractor and the P.D. .

. (ii) The Consulting Engineer shall also in all cases be reimbursed for the

actual cost reasonably incurred for providing such site office accommodation, furniture, telephones, equipment and transport as shall be reasonably necessary for the use of the Consulting Engineer’s site staff, and for the actual running costs of the site accommodation and other facilities including those of any stationery, telephone calls, telegrams, telex, facsimilie, courier services and postage unless they are provided by the Contractor.

(5) Payment When Works Are Damaged Or Destroyed If at any time either during the execution of the works or before the

expiry of the Defects Liability Period/Period of Maintenance any part of the works or any materials, plant or equipment whether incorporated in the works or not are damaged or destroyed not due to the negligence on the part of the Consulting Engineer, resulting in additional work being required by the Contractor to be carried out by the Consulting Engineer, then the Consulting Engineer shall be paid by the Contractor on a time basis (i.e. salary cost times a multiplier) for the additional works together with any reimbursements as provided in paragraph 5(2) of this Section.

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(6) Payment Following Termination Or Suspension By The

Contractor (i) In the event of a termination or suspension by the Contractor of the

works or of the Consulting Engineer’s services (unless in the case of the latter where the termination or suspension had been occasioned by the default or negligence of the Consulting Engineer), the Consulting Engineer shall be paid the following sums (less the amount of payments previously made to the Consulting Engineer):

(a) a sum deducible from the stage of professional services

completed at the time of termination or suspension;

(b) a disruption charge equal to one sixth of the difference between the sum, which would have been payable to the Consulting Engineer under subparagraphs 2(1) and 2(2) whichever may be applicable (as if the full scope of professional services has been completed by the Consulting Engineer under the terms of his engagement), but for the termination or suspension, and the sum payable under sub-subparagraph 5(6)(i)(a) provided that the professional services have advanced beyond the preliminary stage; and

(c) amounts due to the Consulting Engineer under any other

paragraphs 2, 3 and 4 of this Section.

(ii) If the Consulting Engineer is required to recommence his professional services for the works suspended by the Contractor, the Consulting Engineer shall be paid for the performance of his professional services the sum payable to the Consulting Engineer under subparagraph 2(1) and/or subparagraph 2(2) whichever may be applicable, the payments under subparagraphs 5(6)(i)(a) and (c) of this Section being treated as payments on account, provided that the Consulting Engineer shall retain as an additional payment the disruption charge referred to in sub-subparagraph 5(6)(i)(b).

(iii) If the works are suspended or postponed following the postponement

of the Project by the P.D., the fees payable to the Consulting Engineer shall be as follows:

(a) for the preliminary stage, design stage and tender stage, the

fees shall be computed on the lowest acceptable tender provided that if no acceptable tender is received then the fees shall be computed on the estimate made by the Consulting Engineer of the Cost of the Works at the date of calling for tenders;

(b) if the works subsequently resumed, the total fees payable to

the Consulting Engineer, inclusive of the fees paid under sub-subparagraph , 5(6)(iv)(a) shall be as follows:

(aa) for the preliminary stage, design stage and tender

stage -- the fees shall be as computed in sub-

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subparagraph 5(6)(iv)(a) ; and

(bb) for the construction stage -- the fees shall be computed on the final contract sum of the works at the time of completion of the works.

(iv) If the Consulting Engineer is required to perform any additional services in connection with the resumption of his professional services in accordance with subparagraph 5(6)(ii), the Consulting Engineer shall be paid for the performance of the additional professional services on a time basis (i.e. salary cost times a multiplier) and also any appropriate reimbursements in accordance with paragraph 5(2) of this Section.

(7) Payment Following Termination By The Consulting Engineer

If there is a termination by the Consulting Engineer of his professional

services (unless the termination had been occasioned by the default or negligence of the Consulting Engineer), the Consulting Engineer shall be entitled to be paid the sums specified in sub-subparagraphs 5(6)(i)(a) and (c) less the amount of payments previously made to the Consulting Engineer.

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SECTION DQ

SCHEDULE OF FEES

FOR

CONSULTING QUANTITY SURVEYOR

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SCHEDULE OF FEES

for the

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

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

AGREEMENT for the above Project entered into on the ..... day of ....... …………………

20...... by the undersigned parties refers to these SCHEDULE OF FEES which shall be

read and construed as part of the Agreement.

................................................... ........................................................……. Signature of Consulting Q.S. Signature of Contractor Name in full: ............................... Name in full: .......................... ..…………. In the capacity of : ...................... Designation: .............................…………. duly authorised to sign for and for and on behalf of the on behalf of ................................. Seal or chop of Consulting Q.S. Witness: ....................................... Witness: ..................................... Name in full: ................................ Name in full: ............................... Occupation: ................................. Designation: ............................... Address: ......................................

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

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

DQ1/19

RevisedJuly 2002

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1.0 DEFINITION

1.1 `Cost of Works' for the purpose of calculating the fees shall mean the total payment made by the Government to the Contractor, in respect for the following :-

(i) all builders works and all specialists or sub-contractors works including all variations required by the Government that requires input by the Consultant, services, installations and equipment designed, specified or allowed for and forming an integral part of the total project to enable it to function fully and to be occupied up to its intended standards of comfort, convenience, decor and finishes (before deduction of any liquidated damages or penalties payable by the Contractor to the Government ) ;

(ii) the full benefit accruing to the Contractor for the use of construction

plant and equipment belonging to the Government which the Government has required to be used in the execution of the works;

(iii) the market value as if purchased new of any second-hand materials,

manufactured goods and machinery incorporated in the works; and

(iv) claims for loss and expense incurred by the Contractor due to the extension of time to the original contract completion date which requires input by the Consulting Q.S..

but shall not include;

(i) operating equipment or machinery that are not an integral or essential part of the building;

(ii) administrative expenses, incurred by the Government;

(iii) cost incurred by the Contractor under the agreement between the

Contractor and the Consulting Q.S.;

(iv) interests on capital employed during construction;

(v) costs of raising money required for the construction of works;

(vi) costs of land and way leaves;

(vii) Professional fee payable or to be borne by the Contractor; and

(viii) works for which the Consulting Q.S. has no input.

The Cost of Works shall be the total final cost of all works including variations or the original contract sum whichever is the greater.

DQ2/19

RevisedJuly 2002

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1.2 “multiplier” shall be as approved by the Government, which deemed to include a factor derived from the elements covering annual salary, fringe benefits including bonuses, Employees Provident Fund and staff saving funds, subscriptions to professional boards and institutions, leaves, medical aid and insurances, seminars, conferences and workshops, office administrative charges and expenses including rentals, telephones, telefax, telex and postal charges, stationery, subscriptions to journals, promotion, training and scholarships, transport costs, legal and audit fees, bank charges, idle time and profits; but in the case of site staff recruited specially for the project, the multiplying factor shall be derived from the elements covering only the annual salary, gratuity, Employees Provident Fund, medical aid, insurances, overheads and profits only;

1.3 “Salary cost” means the annual basic salary of any person employed by the CQS

divided by 1800 being deemed to be the average annual total of effective working hours of an employee) and multiplied by the number of working hours spent by such person in performing any of the services in respect of which payment is to be made to the Consulting Q.S. upon the basis of the “salary cost” and for the purpose of this definition, the annual salary of a person for a period of less than a full year shall be calculated pro rata to such person’s salary for such lesser period; and

1.4 “Salary” means the basic salary in accordance with the prevailing Guidelines

issued by the Government.

2. 0 CATEGORIES OF PROJECTS

For the purpose of calculating the percentage fees, projects are classified under the following categories.

2.1 Building Works

(i) Category A

• Semi-detached and detached houses, • terrace and link houses and cluster houses, • shophouses and flats not exceeding 4 1/2 storeys.

(ii) Category B

• Multi-storey flats, maisonatte (over 4 ½ storeys), condominium

flats,multi-storey carpark, hangar, warehouse, factory, army camp and barracks, hostel, school, petrol service station, market, bakery, fire station, laundry, packing and processing plant.

• Bank, office building, library, hospitals and nursing home, sports complex, laboratory, airport terminal and ancillary buildings, halls (all types), university and college buildings, hotel, motel, abattoir, crematorium, commercial complex, cinema, theatre, prison, museum, court house, bowling alley, brewery cold storage building.

• Health centre, restaurant, skating rink, individually designed house, DQ3/19

RevisedJuly 2002

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private club and transportation terminal building. • Mosque, church, temple, palace, mausoleum, memorial, monument,

research building, observatory and marina, and other building of exceptional character and complexity.

(iii) Category C • Extension, alteration, restoration and associated demolition works.

Explanatory Notes Applicable to Building Works in Categories A, B, & C above:-

i) For purpose of categorising of Works, Demolition and Piling Works forming part of any development or construction shall be considered as part and parcel of a project of the respective category.

ii) Infrastructure Works under Category A - Building Works but outside the

boundary lot of each unit shall be treated separately under Civil Engineering Works.

iii) Infrastructure Works and External Works within the scope of the

Building Contract in Categories B and C shall be considered as part and parcel of the respective building works.

iv) All Civil Engineering Works within the boundary lot of each unit in

housing scheme shall form part of the Building Works.

v) For the purpose of arriving at the cost of repetitive unit, the following notes shall apply:

a) a single unit shall be computed by including the total cost of all

the builders work, built-in fittings, integral services and installation, site and external works and other services serving the immediate site on which the units are constructed for all units that are repeated and dividing it by the total number of repeated units.

b) a pair of semi-detached houses shall be considered as two units.

c) a unit in a row of terrace houses shall be considered as one

design. End unit in a row of terrace houses shall be considered as one design.

d) a block of flats shall be considered as a single unit, the handling

(mirror image) of plans of otherwise identical type plans of standard units shall be considered as a unit.

DQ4/19

RevisedJuly 2002

Page 84: Moa Perunding Design & Built

2.2 Civil Engineering Works

Category I General Civil Engineering Works e.g. roads, drains, earthworks, water reticulation, etc.

Category II Reinforced concrete work, structural steel work and buildings

forming part of the civil engineering contract e.g. bridges, jetties, ports, etc.

DQ5/19

RevisedJuly 2002

Page 85: Moa Perunding Design & Built

3.0 SCALE OF FEES FOR BASIC SERVICESThe percentage of fees payable to the Consulting Q.S. for basic services shall be as follows :

A) BUILDING WORKS - CATEGORY A

No. of Units of Same Design % of Fees of the Total Cost of Works

1st Unit $750.00 or 1.5% of total cost of work

whichever is the higher

2nd to 10th 1.00%

11th to 50th 0.95%

51st - 100th 0.90%

101st and above 0.85%

B) BUILDING WORKS - CATEGORY B

Total Cost of Works Basis of Fees Calculation

RM1,000,000 and below 2.75%

RM1,000,001 - RM3,000,000 RM 27,500 + 2.55% in excess of RM1.0M

RM3,000,001 - RM5,000,000 RM 78,500 + 2.35% in excess of RM3.0M

RM5,000,001 - RM7,500,000 RM125,500 + 2.10% in excess of RM5.0M

RM7,500,001 - RM10,000,000 RM178,000 + 1.85% in excess of RM7.5M

RM10,000,001 - RM20,000,000 RM224,250 + 1.55% in excess of RM10.0M

RM20,000,001 – RM50,000,000 RM379,250 + 1.30% in excess of RM20.0M

RM50,000,001 – RM100,000,000 RM769,250 + 1.05% in excess of RM50.0M

RM100,000,001 – RM250,000,000 RM1,294,250 + 0.85% in excess of RM100.0M

RM250,000,001 – RM500,000,000 RM2,569,250 + 0.65% in excess of RM250.0M

RM500,000,001 – RM1,000,000,000 RM4,194,250 + 0.50% in excess of RM500.0M

Over RM 1B RM6,694,250 + 0.35% in excess of RM1B

DQ6/19

RevisedJuly 2002

Page 86: Moa Perunding Design & Built

3.0 SCALE OF FEES FOR BASIC SERVICES (CONT'D)

C) BUILDING WORKS - CATEGORY C

Total Cost of Works Basis of Fees Calculation

RM1,000,000 and below 3.25%

RM1,000,001 - RM3,000,000 RM32,500 + 3.00% in excess of RM1.0M

RM3,000,001 - RM5,000,000 RM92,500 + 2.75% in excess of RM3.0M

RM5,000,001 - RM7,500,000 RM147,500 + 2.50% in excess of RM5.0M

RM7,500,001 - RM10,000,000 RM210,000 + 2.25% in excess of RM7.5M

RM10,000,001 - RM15,000,000 RM266,250 + 2.00% in excess of RM10.0M

RM15,000,001 – RM30,000,000 RM366,250 + 1.75% in excess of RM15.0M

RM30,000,001 – RM60,000,000 RM628,750 + 1.50% in excess of RM30M

RM60,000,001 – RM120,000,000 RM1,078,750 + 1.25% in excess of RM60M

RM120,000,001 – RM250,000,000 RM1,828,750 + 1.00% in excess of RM120M

Over RM250,000,000 RM3,128,750 + 0.75% in excess of RM250M

Explanatory Notes applicable to Fees charged for Building Works in

Categories A, B and C

i) Where a Consulting Mechanical and/or Electrical Engineer is employed by the

Contractor, for the purpose of calculating the fee, the cost of works for the

Mechanical and/or Electrical Engineer services shall be reduced by one-third.

Where measurements are required for such services, the above reductions

shall not be applicable. In no case shall the Consulting Q.S.'s total fees on the

cost of the whole scheme be reduced by more than one-sixth.

DQ7/19

RevisedJuly 2002

Page 87: Moa Perunding Design & Built

3.0 SCALE OF FEES FOR BASIC SERVICES (CONT'D)

Explanatory Notes applicable to Fees charged for Building Works in Categories B

and C Only

i) Where there is more than one unit of the same design in all respects, the charges shall be as follows :

Building Unit Percentage of Fees Payable based

on Cost of Works

for the original unit 100% (full fees)

" " 2nd unit 65% of full fees

" " 3rd unit 55% of full fees

" " 4th unit 45% of full fees

" " 5th unit and

subsequent units 40% of full fees

D) CIVIL ENGINEERING WORKS - CATEGORY I

Total Cost of Works (RM) Basis of Fees Calculation

RM1,000,000 and below 1.8%

RM1,000,001 - RM3,000,000 RM 18,000 + 1.65% in excess of RM1.0M

RM3,000,001 - RM5,000,000 RM 51,000 + 1.50% in excess of RM3.0M

RM5,000,001 - RM7,500,000 RM 81,000 + 1.35% in excess of RM5.0M

RM7,500,001 - RM10,000,000 RM114,750 + 1.20% in excess of RM7.5M

RM10,000,001 - RM20,000,000 RM144,750 + 1.00% in excess of RM10.0M

RM20,000,001 – RM50,000,000 RM244,750 + 0.90% in excess of RM20.0M

DQ8/19

RevisedJuly 2002

Page 88: Moa Perunding Design & Built

3.0 SCALE OF FEES FOR BASIC SERVICES (CONT'D)

D) CIVIL ENGINEERING WORKS - CATEGORY I (cont’d)

Total Cost of Works (RM) Basis of Fees Calculation

RM50,000,001 – RM100,000,000 RM514,750 + 0.75% in excess of RM50M

RM100,000,001 – RM250,000,000 RM889,750 + 0.60% in excess of RM100M

RM250,000,001 – RM500,000,000 RM1,789,750 + 0.45% in excess of RM250M

RM500,000,001 – RM1,000,000,000 RM2,914,750 + 0.35% in excess of RM500M

Over RM1B RM4,644,750 + 0.25% in excess of RM1B

E) CIVIL ENGINEERING WORKS - CATEGORY II

Total Cost of Works (RM) Basis of Fees Calculation

RM1,000,000 and below 2.25%

RM1,000,001 - RM3,000,000 RM 22,500 + 2.10% in excess of RM1.0M

RM3,000,001 - RM5,000,000 RM 64,500 + 1.95% in excess of RM3.0M

RM5,000,001 - RM7,500,000 RM103,500 + 1.80% in excess of RM5.0M

RM7,500,001 - RM10,000,000 RM148,500 + 1.65% in excess of RM7.5M

RM10,000,001 – RM20,000,000 RM189,750 + 1.35% in excess of RM10.0M

RM20,000,001 – RM50,000,000 RM324,750 + 1.05% in excess of RM20.0M

RM50,000,001 – RM100,000,000 RM639,750 + 0.90% in excess of RM50.0M

RM100,000,001 – RM250,000,000 RM1,089,750 + 0.75% in excess of RM100.0M

RM250,000,001 – RM500,000,000 RM2,214,750 + 0.60% in excess of RM250M

RM500,000,001 – RM1,000,000,000 RM3,714,750 + 0.50% in excess of RM500M

Over RM1B RM6,214,750 + 0.40% in excess of RM1B

DQ9/19

RevisedJuly 2002

Page 89: Moa Perunding Design & Built

4.0 SCALE OF FEES FOR BASIC SERVICES WHERE CONTRACTS ARE BASED ON

PROVISIONAL BILLS OF QUANTITIES

Where contracts for building works are based on Provisional Bills of Quantities, the

fees for services rendered under Clause 3 (A), (B) and (C) hereof shall be increased

by 35%.

DQ10/19

RevisedJuly 2002

Page 90: Moa Perunding Design & Built

5.0 BREAKDOWN OF PERCENTAGE OF CHARGES

5.1 The percentage of fees payable to the Consulting Q.S. shall be as follows :

Categories Of Projects

Stages of Services Percentage(%) of Fees Payable

(a) Preparation of Preliminary Estimates and Cost Plans

10%

(b) Preparation of Bills of Quantities and other Tender Documents

45%

(c) (i) Preparation of Tender Reports

2½%

(ii) Preparation of Contract Documents

2½%

(d) Preparation of Tender Documents, Tender Reports and Contract Documents for Prime Cost Sum and Provisional Sum Items other than those under the charge of Mechanical and Electrical Consultants, Interior Design Consultants, Landscape Architects, Specialist Civil Consultants and any other Specialist Consultants.

5%

(e) Valuation of Works in progress for Interim Valuations/Certificates including measurement of variations other than those under the charge of Mechanical and Electrical Consultants, Interior Design Consultants, Landscape Architects, Specialist Civil Consultants and any other Specialist Consultants.

15%

Building Works (Categories A, B And C)

Civil Engineering Works (Categories I And II)

(f) Preparation of Final Accounts

20%

TOTAL SERVICES:

100%

5.2 Explanatory Notes Applicable to Breakdown of Percentage of Charges

The percentages shown are at completion of each stage. The Consulting Q.S. shall be paid the proportion of the services rendered within each stage or the full amount upon satisfactory completion of each stage.

DQ11/19

RevisedJuly 2002

Page 91: Moa Perunding Design & Built

6.0 SCALE OF CHARGES FOR ADDITIONAL SERVICES 6.1 Charges payable to the Consulting Q.S. for additional services shall be as follows:- Types Of Services Charges (a) Pre-Contract (i) Preparation of Feasibility Studies

including Income/Expenditure Cash Flow.

salary cost*.

(ii) Preparation of Documents and Reports for pre-qualifications of Sub Contractors.

salary cost*.

(iii) Redrafting of Conditions of Contract to meet specific requirements by the Contractor if the Consulting Q.S. is not appointed to undertake the Basic Services for the same project.

To be negotiated.

(iv) Pricing of Bills of Quantities for Negotiated Tenders including pricing and agreeing Schedule of Rates if the Consulting Q.S. is not appointed to undertake the Basic Services for the same project.

salary cost*.

(v) Preparation of Cost Analysis based on the Accepted Contract Sum.

salary cost*.

(vi) Preparation of Tender Price Index based on the Accepted Contract Sum

salary cost*.

(b) Post-Contract (i) Remeasurement of the whole or part

of the works due to either replanning or internal layout or repositioning of the structure or due to change of use of the building or structure and redesign of any of the structural element in the works.

The fees due shall be based on 45% of gross value of measured omissions and gross value of measured additions, both gross value added to the Cost of Works to calculate the fees.

DQ12/19

RevisedJuly 2002

Page 92: Moa Perunding Design & Built

6.0 SCALE OF CHARGES FOR ADDITIONAL SERVICES (cont’d) Types Of Services Charges (b) Post-Contract (ii) Remeasurement of Works for

Contracts based on Provisional Bills of Quantities.

• The provision under this item is for additional fees in Building Works for the remeasurement of provisional Bills of Quantities irrespective of entire additions or for works which are outside the original scope such as additional buildings, additional floors and the like allowed under Provisional Bills of Quantities. The additional services include the preparation Bills of Quantities and in finalising the accounts.

• The provision under this item is also applicable for Civil Engineering Works in respect of works outside Original Scope of Works as defined under item clause 4.6 (c) such as additional roads, additional bridges and the like.

The method of calculating the additional fees under this provision is as shown in the Worked Example. Appendices E2-A, B & C.

(iii) Specific Contractual Advice on Conditions of Contract if the Consulting Q.S. is not appointed to undertake the Basic Services for the same project.

To be negotiated

DQ13/19

RevisedJuly 2002

Page 93: Moa Perunding Design & Built

6.0 SCALE OF CHARGES FOR ADDITIONAL SERVICES (cont’d) Types Of Services Charges (b) Post-Contract (iv) Services Arising Out Of

Determination Of The Sub Contractor's Employment: -

• Valuation of completed by the determined Sub Contractors

• Preparation of new Tender Documents for the uncompleted works (provided there is additional input)

• Preparation of Tender Reports

• Preparation of Contract Documents

Fees to be on the same basis as the Basic Services for the respective categories of projects and Cost of Works to be as per clause 1 of this Section.

(v) Continuing Professional Services on a Protracted Basis

To be negotiated

(vi) Attendance at Post Contract meetings beyond the Original completion date of the project and any approved extension of time

salary cost*.

(vii) Evaluation of Loss and Expense claims by the Sub Contractor based on the actual costs.

salary cost*.

(viii) Preparation of Bills of Quantities and other Tender Documents for Defects and Outstanding Works to be carried out by a separate Sub Contractor.

Fees to be based on the fees for Basic Services for the respective categories of project.

(ix) Services for making good works damaged by fire etc

To refer to fees for Basic Services for the respective categories of project.

(x) Preparation of Cost Analysis based on the Final Contract Sum.

salary cost*.

DQ14/19

RevisedJuly 2002

Page 94: Moa Perunding Design & Built

* Calculation Of Fees Based On SALARY COST Salary Cost = Basic x Multiplying x No.Of

Salary Per Annum Factor Working 1800 Hours Per Approved By Hours Annum The

Government

DQ15/19

RevisedJuly 2002

Page 95: Moa Perunding Design & Built

7.0 REIMBURSABLE EXPENSES

In addition to the fees payable to the Consulting Q.S. for any of the services rendered, the Consulting Q.S. shall for the purpose of the Project also be entitled to be reimbursed for the following :

Type of Expenses

Charges

7.1 Hotel and Traveling Expenses (if

exceeding 10km from the address of main office/branch office)

Chargeable according to current Government rates not exceeding ‘J48’ eligibility

7.2 Out-of-pocket expenses (if exceeding 80km from the address of main office/branch office)

- as above -

7.3 Lithography Expenses

Based on current Government rates

7.4 Resident Quantity Surveyor

Salary Cost

7.5 Advertisement of Tender Notices, Telegrams, Telexes and Out-Station Telephone Calls, postage charges and courier charges for sending documents or other communication charges at the request of the Contractor.

Actual bills

7.6 Special software programme as

requested by the Contractor and approved by the P.D.

Actual costs incurred by the Consulting Q.S.

7.7 Service Tax

Actual amount to be paid by the Consulting Q.S. to Customs Department.

7.8 Any other items not included above but required by the Consulting Q.S. to complete his services but subject to the approval of the P.D.

Actual costs incurred by the Consulting Q.S.

If requested by the Contractor, the Consulting Q.S. shall append herein an estimated sum for the above expenses and such sum shall not be exceeded without the approval of the Contractor.

DQ16/19

Revise

dJuly 2002

Page 96: Moa Perunding Design & Built

8.0 TIME OF PAYMENT FOR SERVICES RENDERED A) Basic Services

Payment of fees for services rendered shall be made in accordance with Article 4 of Section A of the Memorandum of Agreement in proportion to the services rendered so that the total fees paid at the completion of each stage of service shall be equal to the breakdown of percentage charges in Clause 5 of this Section.

B) Additional Services The Consulting Q.S. shall be paid the proportion of the services rendered within each stage or the full amount upon satisfactory completion of each stage in accordance with Clause 6 of this Section.

9.0 TIME OF PAYMENT FOR REIMBURSABLE EXPENSES

Payment of reimbursable expenses shall be made upon submission of bills by the Consulting Q.S. and agreed to by the Contractor.

10.0 PAYMENT FOR REMEASUREMENT OF WORKS DUE TO ALTERATION OR

MODIFICATION OF DESIGN

If after the completion by the Consulting Q.S. of these Basic Services under Clause 2 of Section CQ (Scope of Services for Consultant Q.S.) at any time after execution of an agreement between the Consulting Q.S. and Contractor, any measurement whether completed or in progress or any specification or other document prepared in whole or in part by the Consulting Q.S. are required to be modified or revised by reason of instructions received by the Consulting Q.S. from the P.D or others acting on behalf of the Government, by reason of circumstances which could not reasonably have been foreseen by the Consulting Q.S., the Consulting Q.S. shall be paid an additional payment by the Contractor for making any necessary modification or revision and for any consequential reproduction of documents as follows :

The fees due will be based on Clause 5.2 of this Section i.e. 45% of the gross value of measured omissions and on the gross value of measured additions, both gross values added to the cost of works to calculate the fees, provided such modification or revision be limited to the following :

a) Remeasurement of the whole or part of the Works due to either replanning

of internal layout or repositioning of the structure or due to change of use of building or structure, and

b) Redesign of any of the structural element in the Works.

DQ17/19

RevisedJuly 2002

Page 97: Moa Perunding Design & Built

11.0 PAYMENT WHEN WORKS ARE DAMAGED OR DESTROYED

If at any time either during the execution of the Works or before the commencement the Defects Liability Period/Period of Maintenance any part of the Works or any materials, plant or equipment whether incorporated, in the Works or not shall be damaged or destroyed not due to the negligence on the part of the Consulting Q.S.,then the Consulting Q.S. shall be paid an additional payment in respect of any expenses incurred or additional work required by the Contractor to be carried out by the Consulting Q.S. as a result of such damage or destruction.

12.0 PAYMENT FOLLOWING TERMINATION OR SUSPENSION BY THE

CONTRACTOR

A) In the event of the termination of this Agreement (unless such termination shall have been occasioned by the default of the Consulting Q.S.) or the suspension of the Project by the Contractor, the Consulting Q.S. shall be paid the following sum (less the amount of payments previously made to the Consulting Q.S.):-

(i) a sum deducible from the percentage of work completed up till the time of

termination or suspension; (ii) a disruption charge equal to one sixth of the difference between the sum

which would have been payable to the Consulting Q.S. under Clause 3 – Scale of Fees for Basic Services but for the termination or suspension, and the sum payable under (a) above, provided the works have advanced beyond the preliminary stage, and

(iii) amounts due to the Consulting Q.S. under any other clauses of this

section. Provided that the Consulting Q.S. shall accept the said payments by the

Contractor as full and complete settlement of all his claims for payments under or arising out of this Agreement.

B) In the event that the Consulting Q.S. is required to recommence the Project after the Project has been suspended by the Contractor for more than twelve (12) months the Consulting Q.S. shall be paid fee based on new total cost on uncompleted Works. The Consulting Q.S. shall in addition be paid a charge equal to one-sixth of the difference between the sum which would have been payable to the Consulting Q.S. under Clause 5 of this Section but for Termination or Suspension, and the sum payable under Clause 12 (A) above.

C) If the works are suspended or postponed following the postponement of the

Project by the P.D., the fees payable to the Consulting Q.S. shall be as follows:

DQ18/19

RevisedJuly 2002

Page 98: Moa Perunding Design & Built

(i) for the preliminary stage, design stage and tender stage, the fees shall be computed on the lowest acceptable tender provided that if no acceptable tender is received then the fees shall be computed on the estimate made by the Consulting Q.S. of the Cost of the Works at the date of calling for tenders;

(ii) if the works subsequently resumed the total fees payable to the

Consulting Q.S., inclusive of the fees paid under sub-subparagraph 12(C)(i) shall be as follows:

(aa) for the preliminary stage, design stage and tender stage -- the fees shall be as computed in sub-subparagraph 12(C)(i) ; and

(bb) for the construction stage -- the fees shall be computed on

the final contract sum of the works at the time of completion of the works.

13.0 PAYMENT FOLLOWING TERMINATION BY THE CONSULTING Q.S. In the event of a termination by the Consulting Q.S. of his professional services

(unless the termination had been occasioned by the default or negligence of the Consulting Q.S.), the Consulting Q.S. shall be entitled to be paid the sums specified in sub-clause 12(A)(i) and (iii) less the amount of payments previously made to the Consulting Q.S. .

DQ19/19

RevisedJuly 2002

Page 99: Moa Perunding Design & Built

APPENDIX E2-A

CALCULATION OF ADDITIONAL FEE FOR RE-MEASUREMENT OF PROVISIONAL QUANTITIES

CLAIM NO.6A- Where whole B.Q. is Provisional and the Contract does not involve works outside Original Scope of Works.

A COST OF WORKS AND FEE FOR BASIC SERVICES A1 Final cost of Works for calculation of Fee for Basic Services RM 17,501,333.33 A2 Cost of Works outside Original Scope of Works (OSW) RM - A3 Cost of Works within Original Scope of Works

(OSW) = (A1-A2) RM 17,501,333.33

Total Fee for Basic Services RM 340,520.67 A4.1 In respect of Works outside OSW = (1.55%* X 0.00) RM -

A4

A4.2 In respect of Works within OSW = (A4Total - A4.1) RM 340,520.67 B CALCULATION OF ADDITIONAL FEE IN ACCORDANCE WITH PART B - SCALE OF FEES ITEM 2

Items excluded from the calculation B1.1 Preliminaries and General Items Traditionally Measured as Lump Sum RM 900,000.00 B1.2 2/3 Expenditure of P.C. and Prov. Sums for M&E and similar Specialist Works. RM 1,733,333.33 B1.3 Traditionally Provisional B.Q. RM 3,000,000.00 B1.4 Works Outside OSW. RM -

B1

B1 Total RM 5,633,333.33 Items not entitled for additional fee B2.1 Expenditure of other P.C. and Prov. Sums for which no B.Q. prepared by CQS. RM 1,150,000.00 B2.2 Firm Bills of Quantities. RM - B2.3 2/3 Lump Sum Items (not in accordance with SMM). RM 400,000.00 B2.4 Variation of Price/Fluctuation RM 100,000.00 B2.5 Approved additional cost claim. RM 100,000.00

B2

B2 Total RM 1,750,000.00 B3 Base Cost of Works for calculation of Additional

Fee =(A1-B1Total) RM 11,868,000.00

B4 Nett Cost of Works eligible for Additional Fee =(B3-B2 Total) RM 10,118,000.00 B5 Additional Fee Under Item 2 =(A4.2 X 35% X B4/B3) RM 101,608.18 C CALCULATION OF ADDITIONAL FEE IN ACCORDANCE WITH PART B- SCALE OF FEES ITEM 4(b)

Items entitled for additional fee C1.1 Expenditure of other P.C. and Prov. Sums finalised by remeasurement (excluding

those for which B.Q. was prepared by CQS for tender) RM 600,000.00

C1

C1.2 Works outside OSW finalised by re-measurement. RM - Additional Fees payable C2.1 In respect of items C1.1 =(C1.1/B3 X 35% X 50% X A4.2) RM 3,012.70 C2.2 In respect of items C1.2 =(C1.2/A2 X 35% X 50% X A4.1) RM -

C2

C2 Additional Fee Under Item 4(b) RM 3,012.70 D TOTAL ADDITIONAL FEES =(B5+C2Total) RM 104,620.87 * The applicable % of Fees Payable could be more than one depending on the value of A1 and A2. E.g.: If the value of A1 and A2 in this example was RM22,501,333.33 and RM5,000,000.00 respectively, then the applicable % of Fees Payable was 1.30% for the first RM2,501,333.33 and 1.55% for the balance of RM2,498,666.67.

DQ/Appendx1

Page 100: Moa Perunding Design & Built

APPENDIX E2-B

CALCULATION OF ADDITIONAL FEE FOR RE-MEASUREMENT OF PROVISIONAL QUANTITIES

CLAIM NO.6B- Where whole B.Q. is Provisional and the Contract involved remeasurement of some works outside Original Scope of Works (OSW)

A COST OF WORKS AND FEE FOR BASIC SERVICES

A1 Final cost of Works for calculation of Fee for Basic Services RM 19,501,333.33 A2 Cost of Works outside Original Scope of Works (OSW) RM 2,000,000.00 A3 Cost of Works within Original Scope of

Works (OSW) = (A1-A2) RM 17,501,333.33

Total Fee for Basic Services RM 371,520.67 A4.1 In respect of Works outside

OSW = (1.55% * X 2,000.000.00) RM 31,000.00

A4

A4.2 In respect of Works within OSW

= (A4Total - A4.1) RM 340,520.67

B CALCULATION OF ADDITIONAL FEE IN ACCORDANCE WITH PART B - SCALE OF FEES ITEM 2

Items excluded from the calculation B1.1 Preliminaries and General Items Traditionally Measured as Lump Sum RM 900,000.00

B1.2 2/3 Expenditure of P.C. and Prov. Sums for M&E and similar Specialist Works.

RM 1,733,333.33

B1.3 Traditionally Provisional B.Q. RM 3,000,000.00

B1.4 Works Outside OSW. RM 2,000,000.00

B1

B1 Total RM 7,633,333.33 Items not entitled for additional fee B2.1 Expenditure of other P.C. and Prov. Sums for which no B.Q. prepared by

CQS. RM 1,150,000.00

B2.2 Firm Bills of Quantities. RM -

B2.3 2/3 Lump Sum Items (not in accordance with SMM). RM 400,000.00

B2.4 Variation of Price/Fluctuation RM 100,000.00

B2.5 Approved additional cost claim. RM 100,000.00

B2

B2 Total RM 1,750,000.00 B3 Base Cost of Works for calculation of

Additional Fee =(A1-B1Total) RM 11,868,000.00

B4 Nett Cost of Works eligible for Additional Fee

=(B3-B2Total) RM 10,118,000.00

B5 Additional Fee Under Item 2 =(A4.2 X 35% X B4/B3) RM 101,608.18 C CALCULATION OF ADDITIONAL FEE IN ACCORDANCE WITH PART B - SCALE OF FEES ITEM 4(b)

Items entitled for additional fee C1.1 Expenditure of other P.C. and Prov. Sums finalised by remeasurement

(excluding those for which B.Q. was prepared by CQS for tender) RM 600,000.00

C1

C1.2 Works outside OSW finalised by re-measurement. RM 1,500,000.00 Additional Fees payable

C2.1 In respect of items C1.1 =(C1.1/B3 X 35% X 50% X A4.2) RM 3,012.70

C2.2 In respect of items C1.2 =(C1.2/A2 X 35% X 50% X A4.1) RM 4,068.75

C2

C2 Additional Fee Under Item 4(b) RM 7,081.45 D TOTAL ADDITIONAL FEES =(B5+C2Total) RM 108,689.62

* The applicable % of Fees Payable could be more than one depending on the value of A1 and A2. E.g.: If the value of A1 and A2 in this example was RM22,501,333.33 and RM5,000,000.00 respectively, then the applicable % of Fees Payable was 1.30% for the first RM2,501,333.33 and 1.55% for the balance of RM2,498,666.67.

DQ/Appendx2

Page 101: Moa Perunding Design & Built

APPENDIX E2-C

CALCULATION OF ADDITIONAL FEE FOR RE-MEASUREMENT OF PROVISIONAL QUANTITIES

CLAIM NO.6C- Where part of B.Q. is Provisional and the Contract involved remeasurement of some works outside Original Scope of Works.

A COST OF WORKS AND FEE FOR BASIC SERVICES A1 Final cost of Works for calculation of Fee for Basic Services RM 19,501,333.33 A2 Cost of Works outside Original Scope of Works (OSW) RM 2,000,000.00 A3 Cost of Works within Original Scope of Works

(OSW) = (A1-A2) RM 17,501,333.33

Total Fee for Basic Services RM 371,520.67 A4.1 In respect of Works outside OSW = (1.55% * X 2,000,000.00) RM 31,000.00

A4

A4.2 In respect of Works within OSW = (A4Total - A4.1) RM 340,520.67 B CALCULATION OF ADDITIONAL FEE IN ACCORDANCE WITH PART B - SCALE OF FEES ITEM 2

Items excluded from the calculation B1.1 Preliminaries and General Items Traditionally Measured as Lump Sum RM 900,000.00 B1.2 2/3 Expenditure of P.C. and Prov. Sums for M&E and similar Specialist

Works. RM 1,733,333.33

B1.3 Traditionally Provisional B.Q. RM 3,000,000.00 B1.4 Works Outside OSW. RM 2,000,000.00

B1

B1 Total RM 7,633,333.33 Items not entitled for additional fee B2.1 Expenditure of other P.C. and Prov. Sums for which no B.Q. prepared by

CQS. RM 1,150,000.00

B2.2 Firm Bills of Quantities. RM 5,000,000.00 B2.3 2/3 Lump Sum Items (not in accordance with SMM). RM 400,000.00 B2.4 Variation of Price/Fluctuation RM 100,000.00 B2.5 Approved additional cost claim. RM 100,000.00

B2

B2 Total RM 6,750,000.00 B3 Base Cost of Works for calculation of Additional

Fee =(A1-B1Total) RM 11,868,000.00

B4 Nett Cost of Works eligible for Additional Fee =(B3-B2Total) RM 5,118,000.00 B5 Additional Fee Under Item 2 =(A4.2 X 35% X B4/B3) RM 51,396.59 C CALCULATION OF ADDITIONAL FEE IN ACCORDANCE WITH PART B-SCALE OF FEES ITEM 4(b)

Items entitled for additional fee C1.1 Expenditure of other P.C. and Prov. Sums finalised by remeasurement

(excluding those for which B.Q. was prepared by CQS for tender) RM 600,000.00

C1

C1.2 Works outside OSW finalised by re-measurement. RM 1,500,000.00 Additional Fees payable C2.1 In respect of items C1.1 =(C1.1/B3 X 35% X 50% X A4.2) RM 3,012.70 C2.2 In respect of items C1.2 =(C1.2/A2 X 35% X 50% X A4.1) RM 4,068.75

C2

C2 Additional Fee Under Item 4(b) RM 7,081.45 D TOTAL ADDITIONAL FEES =(B5+C2Total) RM 58,478.04 * The applicable % of Fees Payable could be more than one depending on the value of A1 and A2. E.g.: If the value of A1 and A2 in this example was RM22,501,333.33 and RM5,000,000.00 respectively, then the applicable % of Fees Payable was 1.30% for the first RM2,501,333.33 and 1.55% for the balance of RM2,498,666.67.

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