MEMORANDUM OF AGREEMENT

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STANDARD MOA FOR PKENPs

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MEMORANDUM OF AGREEMENT

PERBADANAN KEMAJUAN EKONOMI NEGERI PERLIS

MEMORANDUM OF AGREEMENT

BETWEEN

PKENPs

AND

NRS ASSOCIATES

FOR

DETAILED ENGINEERING DESIGN

FOR

CADANGAN MEMBINA DAN MENYIAPKAN 16 UNIT KEDAI PEJABAT TIGA TINGKAT DI ATAS PELOT PT 5970-5979 DAN PT5988-5993 KAWASAN TEBUS GUNA TANAH, MUKIM KUALA PERLIS, PERLIS.

No 173-191, Taman Kemajuan,Jalan Raja Syed Alwi,01000 Kangar, Perlis.Tel: 04 9761 088Fax: 04 9762 181A-1-5 Blok A, Jalan Medan Selayang 1,Medan Selayang,68100 Batu Caves, Selangor.Tel: 03 6186 2934Fax: 03 6185 5624

CADANGAN MEMBINA DAN MENYIAPKAN 16 UNIT KEDAI PEJABAT TIGA TINGKAT DI ATAS PELOT PT 5970-5979 DAN PT5988-5993 KAWASAN TEBUS GUNA TANAH, MUKIM KUALA PERLIS, PERLIS.

TABLE OF CONTENTS

SECTION A1.Memorandum of Agreement (Form A Revised 1998)2.Letter of Appointment3.Letter of Acceptance4.Letter to Start Work

SECTION B

1.Project Team2.Breakdown of Fees & Reimbursable Cost5.Registration with MOF6.Registration with Profesional Board7.Govt service Tax Liscene8.Companies Commision of Malaysia (Form D)

MEMORANDUM OF AGREEMENT

This MEMORANDUM OF AGREEMENT is made this _________day of __________20______between Perbadanan Kemajuan Ekonomi Negeri Perlis , with an office at No 173-191, Taman Kemajuan, Jalan Raja Syed Alwi, 01000 Kangar, Perlis (hereinafter called the PKENPs) of the one part.

AND NRS ASSOCIATES (Consultant Engineers)

Practising as engineer(s) at A-1-5 Block A,Jalan Medan Selayang 1,Medan Selayang, 68100Batu caves, Selangor.

(hereinafter called the Consultant Engineer) which expression includes the legal representatives successors in title and permitted assigns) of the other part.

WHEREAS the PKENPs intends to construct and complete

(description of intended works)CADANGAN MEMBINA DAN MENYIAPKAN 16 UNIT KEDAI PEJABAT TIGA TINGKAT DI ATAS PELOT PT 5970-5979 DAN PT5988-5993 KAWASAN TEBUS GUNA TANAH, MUKIM KUALA PERLIS, PERLIS.

(hereinafter called the Project)

AND WHEREAS the PKENPs is desirous of appointing the Consultant Engineers to provide professional engineering services in connection with (description of intended works)CADANGAN MEMBINA DAN MENYIAPKAN 16 UNIT KEDAI PEJABAT TIGA TINGKAT DI ATAS PELOT PT 5970-5979 DAN PT5988-5993 KAWASAN TEBUS GUNA TANAH, MUKIM KUALA PERLIS, PERLIS.

(hereinafter called the Works)

NOW IT IS HEREBY AGREED as follows: -

1.The PKENPs hereby appoints the Consultant Engineer to provide the professional engineering services for the Works subject to and in accordance with the Conditions of Engagement hereinafter set out and the Consultant Engineer hereby accepts the appointment for the purpose of providing the professional services for the same subject to and in accordance with Conditions of Engagement.

2.This Memorandum of Agreement, the Appendix to the Conditions of Engagement and the schedule to the Conditions of Engagement (hereinafter called the Schedule) shall together constitute the Agreement between the PKENPs and the Consultant Engineer.

3.For the basic professional services described in Clause 1 of Part A of the Schedule the PKENPs shall pay the Consultant Engineer in accordance with:Clause 1(1) of Part B of the Schedule 4.For the additional professional services not included in basic services described in clause 2 of Part A of the Schedule the PKENPs shall pay the Consultant Engineer in accordance with :-

(i)Clause 2 (a) of Part B of the Schedule, and the multiplier shall be 2.7 (ii)Clause 2 (b) of Part B of the Schedule, and the multiplier shall be 2.1 (iii)Clause 2 (d) of Part B of the Schedule

5.In addition to the above, the PKENPs shall pay the Consultant Engineer the payments described in Part C of the Schedule.

6.The intervals of payment shall be in accordance with Clause 3 of Part B, Schedule of Fees.

7.The amount referred to in Clause 5(iv) of the Conditions of Engagement on variation works shall be RM nil

8.Estimated fee for Basic Professional Services as prescribed in Clause 3 of Memorandum of Agreement is Ringgit Malaysia ______________________________________________________________________________________________________________________________________________________________________________________________________

9.The whole of the works shall be completed within _________________________

IN WITNESS WHEREOF the parties hereto have hereunto caused this Agreement to be duly executed on the day and year first above written.

For and on behalf ofPERBADANAN KEMAJUAN EKONOMI NEGERI PERLIS

By: .

Name: .

Designation:

Departments Seal & Cop:

In the present of:

..

Name: ..

Ic No: ...

For and behalf of :NRS ASSOCIATES

By: .

Name: .

Designation:

Departments Seal & Cop:

Registration No with Board of Engineers Malaysia:

Registration No with Ministry of Finance Malaysia::

In the presence of :

..

Name: ..

Ic No: ...

________________________________________________________________________Delete if not applicable

GENERAL CONDITIONS

1.DEFINITIONS

In this Agreement unless the context otherwise requires, the following expressions shall have the meanings hereby assigned to them:

Consulting Engineer means the engineer engaged by the PKENPs to perform the professional services;

Contractor means any person or persons, firm or company under a contract with the PKENPs to perform the Works or to supply goods in connection with the Works or both and includes a Sub-Contractor;

Cost of Work includes the cost to the PKENPs of the Works however incurred (before deduction of any liquidated damages or penalties payable by the Contractor to the PKENPs); a fair valuation of any labour, material, manufactured good, machinery or other facilities provided by the PKENPs, and of the full benefit accruing to the Contractor from the use of construction plant and equipment belonging to the PKENPs which the PKENPs has required to be used in the execution of the Works; the market value, as if purchased new, of any secondhand materials, manufactured goods and machinery incorporated in the Works; the cost of geotechnical investigations and other investigations related to the Works; and a fair proportion of the total cost to the the PKENPs of any work 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 Consultant Engineer, assessed with reference to the costs incurred by the Consultant Engineer in making such arrangements. The costs of works shall not include administrative expenses; costs incurred by the PKENPs under this Agreement between the Consultant Engineer and the PKENPs interest on capital during construction, and the costs of raising money required for carrying out the construction, and the costs of raising money required for carrying out the construction of the Works; costs of land way-leaves; and price variation arising from escalation of prices;Multiplier includes a factors derived from the elements covering annual salary; fringe benefits including bonuses, Employees Provident Fund and staff saving funds, subscriptions to professional institutions, leave, medical aid and insurances, seminars, conferences and workshops; office administrative charges and expenses including rentals, promotion, training and scholarships, transport costs, legal and audit fees, bank charges, idle time and profit; 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;

Project means the project for which the PKENPs has engaged the professional services of the Consultant Engineer and of which the Works form a part;

Salary Cost means the annual salary of any person employed by the Consulting Engineer divided by 1,800 (being deemed to 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 respects 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 pro rata to such persons salary for such lesser period;

Schedule means the schedule of Fees annexed to these Conditions of Engagement; andWorks means the works in connection with which the PKENPs have engaged the Consultant Engineers to perform professional services.

2.DURATION OF ENGAGEMENT

2.1The appointment of the Consultant Engineer shall commence from the date of the Memorandum of Agreement or from the time when the Consultant Engineer shall have begun to perform for the PKENPs any of the professional services described in this Agreement, whichever is the earlier.

2.2The Consultant Engineer shall not, without the consent of the PKENPs, assign the benefit or in any way transfer the obligation of this Agreement or any part thereof.

2.3If at any time the PKENPs decides to the Works, the PKENPs shall, by notice in writing to the Consulting Engineer terminate his appointment under this Agreement, provided that the PKENPs may, in lieu of so terminating his appointment require the Consultant Engineer in writing to suspend the carrying out of his professional services und