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BILL NO. 1 PRELIMINARIES

S. O.’s Right To Take Action

5) S.O.’s Instruction 6) Notices

7) Contract Document

8) Sufficiency of Contract Document

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9) Materials and Workmanship

a) Materials and workmanship are to be the best of their respective kind and by “best” shall be understood that no superior class specified materials or workmanship is available in Malaysia

(i) Materials and workmanship shall comply with the British Standards and Codes of Practice wherever applicable and shall be approved by the S.O. The Contractor is not to alter or amend any of the descriptions of materials in these Bills of Quantities/

Schedule of Works and except where expressly provided to the contrary, any offers of alternative materials will render the tender liable to disqualifications. Wherever in these Bills of Quantities any good or materials are specified such are to be considered as being the minimum standard acceptable

In the even of the S.O. allowing the substitution of any of the materials during the course of the Contract, such substitution shall be accompanied by a corresponding deduction in cost unless the S.O.

otherwise directs.

Schedule of Conditions of

Contract (Cont’d)

Materials and Workmanship (Cont’d)

(ii) The paint to be used shall be of the types and categories as specified. The Contractor shall submit together with his tender, details of the brand names, or trade names, together with all relevant technical brochures and other data, of the paints which he propose to use. Primers and under-coats shall be obtained from the same manufacturer of the type of paint proposed by the Contractor. The type of paints proposed by the Contractor to be used shall not be subsequently substituted without the prior written consent of the S.O. In the event of the S.O., allowing the substitution of any of the type of paints proposed by the Contractor, such substitution shall be accompanied by a corresponding deduction in cost unless the Contractor can show to the satisfaction of the S.O. that the type of paint substituted costs less than the substitute.

b) The materials of Malaysia Origin listed are to be used where applicable by the Contractor to the exclusion of imported materials allow for this special requirement in his tender. In no circumstances will the Contractor be permitted to use imported materials unless the S.O. is satisfied that certain of the materials listed are either unavailable or of sub-standard specification

c) (i) The materials of Malaysia Origin listed are to be used where applicable by the Contractor to the exclusion of imported materials allow for this special requirement in his tender. In no circumstances will the Contractor be permitted to use imported materials unless the S.O. is satisfied that certain of the materials listed are either unavailable or of sub-standard specification

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(ii) The Bills of Quantities shall not be used as the basis for ordering any materials.

d) (i) The Contractor shall place his orders for specified materials at the earliest possible date after notification of the acceptance of tender or at such times as may be specifically stated elsewhere herein for any particular materials.

Schedule of Conditions of

Contract (Cont’d)

Materials and Workmanship (Cont’d)

(ii) If the Contractor fails for any reason to supply any materials, which he has contracted to supply or if he fails to supply any such materials in sufficient time to enable the Contract to be completed by the date fixed for completion, then in either event the Employer may supply any portion of all such materials. If the Employer supplies such materials, the cost in respect thereof which shall be borne by the Contractor shall be:

EITHER The current market rates

OR the actual cost to the Government at the date of supply plus 25% for overhead and other charges WHICHEVER IS GREATER

(iii) The cost to be borne by the Contractor as detailed above shall be deducted from any money due or to become due to the Contractor under this Contract and the Contract Sum shall be adjusted accordingly;

provided that any variation order issued by virtue of this clause shall not be taken into account when computing the final amount of this Contract and no claim for loss of profit under Clause 13 of the Conditions of Contract shall be deemed to have arisen. No action by the S.O. under these clauses shall be deemed in any way to affect or modify the right of the Employer to claim for damages in the event of the Contractor's failure to complete the Works by the date fixed for completion.

e) All costs of instruments, machines, materials sampling, transportation and works for the testing of samples and completed works as required and specified and directed by the S.O. shall be borne by the Contractor. The Contractor shall be responsible for getting all materials including water, electricity, etc for the test to be carried out in the manner and within the time as required and specified in the Contract.

f) Where the supply of electricity, water, etc for test runs and/or maintenance purposes are obtainable from Government sources, the Contractor must obtain the approval of the S.O. and supply adequate meters and undertake to pay off the used electricity, water, etc

g) The successful Contractor's attention is also drawn to the provision that the importation of mild steel bars is subject to Customs Prohibitive Order (Import). Approval of import licences from the Ministry of Commerce and Industry must be obtained before placing orders with overseas manufacturers and the Contractor shall be solely responsible for complying with this procedure.

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h) Where the supply of electricity, water, etc for test runs and/or maintenance purposes are obtainable from Government sources, the Contractor must obtain the approval of the S.O. and supply adequate meters and undertake to pay off the used electricity, water, etc

i) The successful Contractor's attention is also drawn to the provision that the importation of mild steel bars is subject to Customs Prohibitive Order (Import). Approval of import licences from the Ministry of Commerce and Industry must be obtained before placing orders with overseas manufacturers and the Contractor shall be solely responsible for complying with this procedure.

j) The Contractor shall supply all goods and materials required for the execution of the Works (except those goods and materials specified to be supplied by the Employer under direct purchase arrangements). All the goods and materials supplied must be properly stored in the manner as Instructed by S.O.

k) All workmanship shall be skilled workmanship equal to the best available.

l) Except where other wise stated, the Contractor shall be at liberty to provide any goods, materials or process, which complies with the description contained in the item or in the appropriate specification clause.

Schedule of Conditions of

Contract (Cont’d)

Materials and Workmanship (Cont’d)

m) Where the item or the appropriate specification clause is described by a trade or brand name followed by statement

"or other approved equivalent" or “or other equal and approved” and the like, the Contractor may forward the name and samples of any similar goods, materials or process of equivalent function, specification, cost, workability etc for the Architect's approval but such materials or process shall not be used until the S.O.’s approval has been given.

n) Where the item or the appropriate specification clause is named with “approved” type, shall mean to the S.O.’s approved specification

10) Unfixed Materials and Goods 11) Statutory Obligation

REFER ALSO TO CLAUSE 11(8) IN THE APPENDIX TO THE CONDITIONS OF CONTRACT

a) Before commencing any excavation, etc the Contractor shall enquire from various authorities and ascertain the exact positions of existing cables, pipes, ducts, sewers, surface water drains, service mains and the like, under or over the site and other areas affected by the Works, whether indicated on the drawings or not, and if so, he shall make arrangements for the disconnections, removal and, if necessary for the reconnection of such services and pay all necessary fees in connection therewith.

Statutory Obligation

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b) To this effect, the Contractor shall carry out trail trenches or other suitable methods such as radio detection requirements for locating buried pipes and cables during the currency of the Contract.

c) He shall uphold, protect uphold and maintain the same during the execution of the Works unless earmarked for demolition and make good to the satisfaction of the S.O. or pay for making good all damage thereto and any consequential damage or loss arising out of such damage.

Schedule of Conditions of

Contract (Cont’d)

Statutory Obligation (Cont’d)

d) (i) The Contractor shall not interfere with or in any way disrupt the operation of services without the consent of the relevant services authorities, private owners or the S.O. as appropriate.

(ii) If any services have to be temporarily terminated or diverted, the Contractor shall give the necessary notices to the appropriate Authorities, arrange for the Work to be carried out and pay all charges in connection therewith.

(iii) Any diversion of drains and waterways necessitated during the progress of the works shall be subsequently reinstated by the Contractor to the S.O.'s approval and pay all charges in connection therewith.

e) The Contractor shall liaise with relevant supply / service authorities for expeditious installation of the connection for permanent water and electricity supplies in the Works.

11) Fossils, etc

12) Patent Rights and Royalties 13) Setting Out

a) The Contractor is required to check the levels provided by the S.O. and confirm the actual boundaries of the site (where they relate to this Contract) and agree the same with the relevant local Authorities and form permanent markers (of a type to be approved by the S.O.) indicating actual confines of site prior to commencement of the Works. Any discrepancies in levels should be reported immediately to the Architect.

b) The Contractor hereby notified on the need for the accurate setting out of the Works and will be responsible for the accuracy of the same. The Contractor is also required to set up permanent benchmarks on the site, which must be tied up to an existing Government benchmark and shall be responsible for the accuracy of the benchmark and all subsequent levelling.

Setting Out

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c) The Contractor shall provide all instruments and attendance required by the S.O. and the Employer's representative on site for checking of the setting out level and shall employ a Registered Land Surveyor for the works.

d) In order to avoid discrepancies between the title survey commission by the employer and the setting out survey as required under this contract, the contractor is advised to use the same qualified and licensed surveyor employed by the Employer for the survey. However, the contractor's responsibilities shall not be modified or altered in anyway by this requirement.

Schedule of Conditions of

Contract (Cont’d) Setting Out (Cont’d)

e) Not withstanding whatever assistance or checks on the setting out by the S.O, the Contractor shall not be relieved of his responsibility for the correctness of the setting out any levelling. The Contractor shall remedy at his own cost any work wrongly performed as a result of incorrect setting out or levelling.

f) All benchmarks set up on the site shall be preserved and be replaced if lost or displaced at the Contractor's expense.

g) The Contractor shall progressively throughout the period of the contract check the correctness of the building set up, levels etc.

h) Four copies of certified survey plans and one intermediate print bearing all relevant information of setting (including the soft copy, if required) are to be deposited with the Architect within two weeks from the Date of Commencement of work.

i) On completion of the Contract, the Contractor is to prepare three copies as built survey drawing showing the as built building set back, services, boundary and the position of piles as driven duly endorsed by a Registered Land Surveyor and forwarded to the S.O. one (1) month after the completion of the work.

15) Inspection of Site 16) Employment of Workmen

17) Compliance with Employment Ordinance 1955 etc.

18) Days and Hours of Working 19) Foremen and Assistants

a) (i) Notwithstanding anything herein or elsewhere contained, the Contractor shall appoint a Site Agent to provide all necessary superintendence over the whole site operation for the full duration for operation f of the Contract and as long thereafter as the necessary for the proper fulfilment of the S.O. may consider necessary for the proper fulfilment of the Contractor's obligations under the Contract. He must be competent in English and/or Bahasa Malaysia and be a qualified member of the professional group (viz.

Engineer, Architect or Quantity Surveyor) having a comprehensive theoretical background, suitable qualifications and relevant experience approved by the S.O.

Foreman and Assistants

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(ii) The Site Agent must be constantly on the Works and shall devote the whole of his time to the superintendence of the same. Should the S.O. find him unsuitable for any reason whatsoever, the Contractor shall as soon as practicable after receiving such written notice from the S.O. remove the agent from the Site and shall thereafter employ another to the another to the approval of the S.O. approval of the S.O.

Schedule of Conditions of

Contract (Cont’d)

Foreman and Assistants (Cont’d)

20) Wages Book and Time Sheets 21) Default in Payment of Wages 22) Discharge of Workmen

23) Access for S.O. to the Works etc 24) Variations

25) Measurement and Valuation of Works including Valuations.

26) Bills of Quantities

a) Notwithstanding any provision in this Contract, it is hereby agreed that:-

i) The Bills of Quantities have been measured generally in accordance with the general principles of the 'Standard Method of Measurement of Building Works’

as published by the Institution of Surveyors (Malaysia) for use in Malaysia.

ii) The Government may depart from the said Standard Method of Measurement where he considers that an alternative description or measurement is likely to be more clearly understood by the Contractor or where a composite description is more suitable in the circumstances

iii) Where departures have been made from the said Standard Method, the method used in the preparation of the Bills of Quantities shall be adhered to for the purpose of ascertaining the value of the work.

Bills of Quantities

27) Sub-Letting and Assignment

Where the Contractor proposes to sub-contract any portion of the work, the proposed sub-contractor must be registered with the Pusat Khidmat Kontraktor and Construction Industry Development Board (CIDB) in the class and grade eligible for similar work up to the value of the proposed sub-contract work unless otherwise specified herein.

Sub-Letting and Assignment

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28) Nominated Sub-contractors and/or Nominated Suppliers A) Nominated Sub-Contractors (NSC)

Under clauses 25, 28 and 30 of the Conditions of Contract the Prime Cost (P.C.) sums in respect of works executed complete by of works executed completed by nominated sub- contractors are at the complete disposal of the S.O.

who may deduct the same wholly or in part from the Contract Sum and nominated such persons as the Employer selects to execute the works to which these P.C.

Sums apply. The Contractor is to add to such items where indicated for profit inclusive of establishment charges and for attendance as described thereafter.

The Contractor will be fully responsible for all sub- contractors and any delays or damage thereby occasioned and will be responsible for the supervision and administration of all sub-contracts in accordance with the Conditions of Contract and will be required to arrange a programme schedule with each of the nominated firms.

These schedules will be subject to the approval of the S.O.

Schedule of Conditions of

Contract (Cont’d)

Nominated Sub-contractors and/or Nominated Suppliers

Nominated Sub-Contractors

The Contractor is to price where indicated later in these Bills for providing attendance upon Nominated Sub-contractors and such attendance shall include for the following:- a) Ascertaining from Sub-contractors all particulars

relating to their work in regard to sizes and positions in which chases, holes, mortices etc and similar items are required to be formed or left. (The Main Contractor will be responsible for any additional cost incurred as a result of any omission on his part in this respect)

b) Affording free and full use of standing scaffolding, hoisting tackle, passenger hoist, tower crane, mess rooms, sanitary accommodation, welfare facilities and the like whilst they remain erected on the Site

c) Providing SPACE ONLY for Sub-contractor's office and storage accommodation

d) Providing free and full use of storage accommodation for materials, equipment and plant which are for incorporation into the works and require protection against weather

e) Providing sufficient artificial lighting and water for all sub-contractor's work or as directed by the S.O. and paying all fees and charges for fuel, water and electricity consumed. Heavy consumption of such utilities such as testing and commissioning of lift, air-conditioning, water tank, swimming pool etc shall be borne by the NSC

f) Arranging for any special power supplies required by Sub-contractors including for carrying out testing and commissioning

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g) Supplying all setting out information

h) Giving all necessary dimensions and taking responsibilities for their accuracy

i) Making available temporary power supplies required for the execution of the works (see also (c) in the next page)

j) Clearing away rubbish and debris at all times (including that of the NSC) off the site and cleaning internally and externally

k) Providing competent and qualified personnel as the M&E coordinator and undertake responsibility for the operation of electrical installation from the time permanent electrical supply is made available until testing, commissioning and handing over of the works and to provide M&E coordination drawings during the construction stage

Schedule of Conditions of

Contract (Cont’d)

Nominated Sub-contractors and/or Nominated Suppliers (Cont’d)

Nominated Sub-Contractors

(Cont’d)

l) Taking full responsibility for and covering and protecting against all loss or damage to, all executed and part executed Sub-contractor’s work and all materials and goods properly brought on site for inclusion in the Sub-contract works whether or not included in any certificate including keeping and ratifying all necessary joint records thereof.

It is to be noted that the Sub-contractor will include in the Sub-Contract sum, inter-alia, the costs in connection with the following:-

a) Unloading, getting in, storing and all handling and hoisting of his materials, plant and tools into required position

b) The provision, erection, maintenance and removal of all his temporary office and storage accommodation including paying all assessment and other charges c) Connection to temporary power suppliers, made

available by the Main Contractor for the execution of the works, supplying and running distribution cables, leads and electrical gear required and for paying all current consumed

However, heavy consumption of such utilities such as testing and commissioning of lift, air-conditioning, water tank, swimming pool, etc shall be borne by the NSC

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d) The provision of all fuel, gas, steam, electricity suppliers and all other services that may be required for the test running, testing and balancing of installations (other than water and electricity)

e) Making good holes, opening, chases, etc in respect of the work carried out

f) Any scaffolding, staging and etc that are required for the Sub-Contract Work not covered by Sub-Clause (A) (a) above

g) Taking full responsibility for any loss or damage to his plant, tools, equipment and other property not use or incorporation in the Sub-Contract Work

Where attendance additional to that described above, is required in connection with any sub-contract works contained in these Bills of Quantities such is to be separately priced where indicated.

Schedule of Conditions of

Contract (Cont’d)

Nominated Sub-contractors and/or Nominated Suppliers (Cont’d)

Nominated Sub-Contractors

(Cont’d)

B) Nominated Suppliers

Under clauses 25, 28 and 30 of the Conditions of Contract the Prime Cost (P.C.) Sums included in respect of materials or goods suppliers by Nominated Suppliers are at the complete disposal of the S.O. who may deduct same wholly or in part from the Contract Sum and nominate such persons as the Government selects to supply the materials or goods to which these P.C. Sums apply. The Contractor is to add to such items where indicated for profit inclusive of establishment charges and for fixing as described below.

The words "FIX ONLY", where used in these Bills in connection with any materials or goods supplied by Nominated Suppliers shall be understood to include:- a) Taking Delivery

b) Unloading, getting in, storing and protecting

c) Taking from store and placing in position including all hoisting etc. required

d) Assembling and fixing

e) Returning all chargeable packing, carriage paid and recovering all appropriate credits

29) Responsibilities of Contractor for Nominated Sub-Contractors and/or Nominated Suppliers

30) Prime Cost and Provisional Sums

Refer also to Clause 30(d) in the APPENDIX TO THE CONDITIONS OF CONTRACT

31) Artists and Tradesmen

32) Indemnities to Government in Respect of Personal Injuries and Damage to Property

Prime Cost and Provisional Sums