Appendix 20 Sample Documents for General Maintenance Works Contract

Notes: The attached samples are correspondence for invitation of tenders (with or without Project Consultant), as well as samples of contract conditions for small scale maintenance works (contract amount up to HK$1 million) !or works e"ceedin# HK$1 million, it is considered to the $est interest of the owners to en#a#e a $uildin# professional as a Project Consultant to coordinate, arran#e and supervise the re%uired works The su##ested formats of letters and documents for $uildin# maintenance works in this &ppendi" have $een prepared $' private consultants The' are for reference onl' &dvice should $e sou#ht from Project Consultants, if emplo'ed $' the $uildin# owners for the proposed works, on whether such formats should $e modified to suit the special circumstances of each case (f no Project Consultant has $een emplo'ed for the works, the $uildin# owners should at least appoint an e"perienced mem$er from the Project )teerin# Committee or appropriate person with $ack#rounds in contract administration to #ive similar advice

( ! Sample of "#ender Document for Maintenance Works $elo% &'( Million (Wit) *ro+ect Consultant!, #o : Contractor-s name and address .e : (#itle of Contract!

*n $ehalf of our Client, ++++++++++++++ /Name of 0C1 , we invite 'ou to su$mit a tender for the a$ove works ,nclosed please find the followin# documents for 'our information which would form parts of 'our tender. . . . !orm of Tender )pecifications )chedule of /ates *ne set of Tender 0rawin#s

The scope of works, terms and conditions as well as the relevant project particulars are listed $elow2 Site 3ocation 4

22 *ro+ect *articulars ,mplo'er Project Consultant . .

52 Scope of Works The works to $e carried out shall comprise ($ut not to $e limited to) the followin# items-. 1 1 The Contractor shall use his $est endeavor to complete all works as re%uired and as directed $' the ,mplo'er2Project Consultant 1 3 1 1 1 4 1 5

work items

62 #erms and Conditions 4 1 The materials and workmanship for the works shall follow the attached )pecifications (n case of dou$t or discrepanc', the Project Consultant shall $e notified as soon as possi$le for necessar' clarification 4 3 &part form the !orm of Tender, the Contractor should also complete and su$mit the )chedule of /ates with the tender The tendered sum shall $e deemed to include all costs associated with all the works, such as provision of temporar' electricit' and water, overheads, insurances, supervision and other e"penses as well as the contract preliminaries 4 1 The Contractor is advised to visit the )ite and make himself thorou#hl' ac%uainted with the location, #eneral site conditions, accessi$ilit', restrictions for loadin# and off.loadin# plants, etc , and an' other conditions which ma' affect pricin# 6o claims for e"tra pa'ment or e"tension of time for completion will $e allowed on the #rounds of i#norance of the conditions under which the 7orks are to $e carried out 4 4 The contract period shall $e calendar da's startin# from the approved contract commencement date 8i%uidated dama#es shall $e HK$ +++++++++++ per da' 4 5 &n' defects, e"cessive shrinka#es or other faults, which appear within +++++++ months of the date of completion certified $' the Project Consultant and which are due to materials or workmanship not in accordance with the Contract, shall $e made #ood $' the Contractor within a reasona$le time entirel' at his own cost, unless otherwise instructed $' the Project Consultant The Project Consultant shall certif' the date when, in his opinion, the Contractor9s o$li#ations under this clause have $een fulfilled 4 : The tender shall $e a lump sum fi"ed price tender for the carr'in# out of the whole works in conformit' with the 0rawin#s and the )pecifications 4 ; ,"cept where specificall' stated to the contrar', all prices entered in the tender shall $e at the risk of the contractor and no adjustment will $e made at the settlement of accounts 4 < The tender shall $e valid and open for acceptance for a period of => calendar da's from the tender closin# date 4 = The Project Consultant ma' issue instructions re#ardin# the alteration of the desi#n, %ualit' or %uantit' of the 7orks and he ma' confirm in writin# an' variation made $' the Contractor

72 *a8ment 5 1 The Project Consultant shall, at intervals of one month, issue (nterim Certificates statin# the amount due to the Contractor from the ,mplo'er 5 3 !or the purpose of ascertainin# the amount due in (nterim Certificates, the Project Consultant shall satisf' himself as to the estimated value of the 7orks properl' carried out, calculated in accordance with the sums or rates, if an', contained in the Contract 0ocuments 5 1 The total ascertained under 5 3 shall $e su$ject to the deduction of a retention of 1>? and an' previous pa'ments made $' the ,mplo'er 5 4 The Project Consultant shall within fourteen da's after the certified date of completion, issue the Practical Completion Certificate or Penultimate Certificate The total ascertained for the Practical Completion Certificate or Penultimate Certificate shall $e su$ject to the deduction of a retention of 5? and an' previous pa'ments made $' the ,mplo'er 5 5 The Project Consultant shall within fourteen da's after the certified date of completion of makin# #ood defects, issue the !inal Certificate The !inal Certificate shall state amounts remainin# and due to the Contractor or due to the ,mplo'er as the case ma' $e 5 : The ,mplo'er shall honour the Certificate within 3< da's upon su$mission $' the Contractor 92 :nsurance : 1 The Contractor is re%uired to effect and maintain appropriate insurance for the 7orks : 3 The Contractor is also re%uired to insure for and shall indemnif' the ,mplo'er a#ainst claims or proceedin#s arisin# in respect of injur' to propert' or injur' to or the death of persons in the course of carr'in# out the 7orks

;2 Suret8 <ond ; 1 The Contractor shall o$tain the #uarantee of an (nsurance Compan' or @ank, in the sum of HK$ , to $e jointl' and severall' $ound with the Contractor to the ,mplo'er for the due performance of the 7orks2Contract and the terms of the said @ond shall $e approved $' the ,mplo'er and the cost of o$tainin# the @ond shall $e $orne $' the Contractor Aour tender must $e returned to the tender $o" of this office at +++++++++++++++++++++ on or $efore+++++++++++++++++++++ in a plain and sealed envelope with the cover marked project name 8ate su$mission will not $e accepted Aours faithfull',

c c

(2! Sample of " #ender Document (Wit)out *ro+ect Consultant!, 0ate#o: Contractor-s name and address

#ender Notice 4 Maintenance *ro+ect

Aou are invited to su$mit a tender for a maintenance project for our $uildin#, details of which are listed in the attached !orm of Tender (f 'our compan' is interested in the project, please su$mit a tender to the *wners9 Corporation on or $efore ++++++++++++++++ /#ime = Date1 and drop it in the Tender @o" at ++++++++++++++++++++++++ /Address1 8ate su$mission will not $e accepted Aour tender should also include a photocop' of 'our @usiness /e#istration Certificate, details of similar projects undertaken includin# position, contact details of referees and information of 'our compan'9s financial condition (n case of dou$t, please contact ++++++++++++++++++++++++++++++++/Name and telep)one num$er of t)e person aut)ori>ed $8 t)e 0%ners- Corporation1 directl'

)i#nature6ameChairman Bana#ement Committee of the *wners9 Corporation ,ncl !orm of Tender CC

(**See attached sample at (3))

(5! Sample of "Simplified ?orm of #ender (Wit)out *ro+ect Consultant!,

?orm of #ender

2 Site 3ocation

22 @mplo8er 52 Scope of Works

Duantit' 11 13 11 14 62 *reliminaries 72 Contract *eriod 4 (7ork items to $e specified $' ,mplo'er) Total-

Enit /ate

)u$.total

(to $e filled in $' the Tenderer)

AAAAAAAAAAAAAAAAAA calendar da's

(prefera$l' to $e specified $' ,mplo'er)

92 *a8ment #erms (to $e specified $' ,mplo'er)

#otal #endered Sum (52B62!:

)i#nature and )tamp of Contractor

0ate

(6! Sample of ".ecord of :nCitation for #enders,

0ate-

.ecord of :nCitation for #enders

(nvitation letters for tenders for have $een sent to the followin# companiesName of Compan8 1 3 1 4 5 : ; < Address

)i#nature6ame Chairman Bana#ement Committee of the *wners9 Corporation

(7! Sample of ".ecord of Collection for #enders,

(0escription of Project)

.ecord of Collection of #enders

Name of Compan8

Ackno%ledDement of .eceipt of #ender Documents = Date

1 3 1 4 5 : ; <

(9! Sample of ".ecord of 0peninD #ender,

.ecord of 0peninD #ender

Tenders for ++++++++++++++++++++++ have $een invited and those received $efore the su$mission deadline were opened on ++++++++++++++++++++++++/#ime = Date1 & total of ++++++++++ tenders in respect of the a$ove.mentioned project were received, names of which and their respective tender prices are listed $elow-

Name of #enderer 1 3 1 4 5

#ender *rice

SiDnature of Witnesses Name 1 3 1 4 5 *ost SiDnature

(;! Sample of "3etter to Announce #enderinD .esult (?or unsuccessful tenderers!,

0ateTo- Tenderers 0ear )ir,

#enderinD .esult (!or unsuccessful tenderers)

Thank 'ou for 'our tender su$mitted for ++++++++++++++++++++++++++++++++++++++ /Name of *ro+ect1 at our $uildin#, ( re#ret to inform 'ou that 'ou have not $een selected for the 7orks The selected compan' is with a price of

(f 'ou have an' %ueries, please contact ++++++++++++++++++ / Name E *ost 1 of the *wners9 Corporation at

)i#nature6ameChairman Bana#ement Committee of the *wners9 Corporation

(F! Sample of "Notice on .esolution on t)e Selection of Contractor,

0ate#o: 0%nersE0ccupants

.esolution on t)e Selection of Contractor

( refer to the tenderin# e"ercise held recentl' for careful HK$ consideration, it was resolved that the contract would at our $uildin# &fter $e awarded to

+++++++++++++++++++++++++++++++++++++++++++++ /Name of t)e Compan81 in the sum of , reason(s) $ein#-

)i#nature6ameChairman Bana#ement Committee of the *wners9 Corporation

(G! Sample of "3etter of A%ard and Contract Conditions (Wit) or Wit)out *ro+ect Consultant!, 0ate(A<C Construction Co2 3td2! (Address! 0ear )irs, .e : (#:#3@ 0? C0N#.AC#! 3@##@. 0? AWA.D 7e thank 'ou for 'our Tender su$mitted on / Date 1 and the su$se%uent discussions in connection with the a$ove ( have $een dul' authoriFed $' the ,mplo'er, 'ou the contract for the captioned contract The award is su$jected to the followin# terms and conditions -. 2 Contract Sum The Contract )um shall $e in the amount of HK$ (0ollars *nl') derived as follows -. (Hon# Kon# 0ollars +++++++++++++++++++++++++++++++++++ *nl') derived as followsHK$ 11 13 11 (etc ) T*T&8 2A2 Commencement and Completion Dates ()ee draftin# note 1) Aou are re%uired to carr' out works within the 0esi#nated Contract &rea of this contract as delineated in 0rawin# 6o ++++++++ (Hereinafter called Gthe siteH) Possession of the )ite for commencement of the 7orks shall $e +++++++++++++++++ (date, usuall' 3 weeks to 1 month from the date of award) which will also $e the Commencement 0ate of the Contract The whole of the 7orks shall $e completed within ++++++ calendar da's from the Commencement 0ate, that is to sa', the Completion 0ate shall $e +++++++++++(date) HK$ *ri#inal Tender Price 8ess &dd to award to

DRAFTING NOTE 1 This Section is applicable only if no permit is required or the permit to carry out building works is in hand at the date of issuing Letter of Award !therwise" use Section #$ 0. 2<2 Commencement and Completion Dates ()ee draftin# note 3) Aou are re%uired to carr' out works within the 0esi#nated Contract &rea of this contract as delineated in 0rawin# 6o ++++++++ (Hereinafter called Gthe siteH) Possession of the )ite for Commencement of the 7orks shall $e 14 da's calculated from the date of this letter indicatin# acceptance of 'our tender The date for the said possession of the )ite will also $e the Commencement 0ate of the Contract, and all 7orks shall $e completed within ++++++ calendar da's from the Commencement 0ate, that is to sa', the Completion 0ate shall $e +++++++++(date) (n the event the permit to carr' out $uildin# works is not o$tained $' the site possession date, the Contract Commencement 0ate shall $e the date of the permit to $e issued $' the @uildin# &uthorit' Aou a#ree that there shall $e no cost implication of whatsoever nature to the Contract here$' awarded as a conse%uence of such dela' in the o$tainin# of the permit to carr' out the 7orks (n case the permit is #ranted $efore the aforesaid date for site possession, the latter date shall still $e re#arded as the Contract Commencement 0ate (i e 14 da's from the acceptance of tender) DRAFTING NOTE 2 %se this Section if permit to carry out building works is required but &!T yet obtained at the date of issuing Letter of Award 52 62 72 92 ) ) ) ) )

8ist all particular items clarified or a#reed (after the su$mission of Tender) with the Contractor

Contract Documents The followin# letters and documents shall constitute inte#ral parts of the contract here$' awarded :1 :3 :1 :4 The terms and conditions stated in this letter shall prevail in the event of an' inconsistenc' $etween the terms and conditions stated in the earlier letters and documents identified a$ove

Please si#nif' 'our acceptance of the terms and conditions of this award $' si#nin# and returnin# the duplicate cop' to us immediatel' The ori#inal cop' is for 'our retention Pendin# the e"ecution of a formal a#reement $etween 'ou and the ,mplo'er, 'our Tender to#ether with the dul' si#ned cop' of this letter shall constitute a $indin# contract $etween 'ou and the ,mplo'er (n the meantime, please su$mit the followin# to us for approval prior to the Commencement 0ate of the Contract 1 & pro#ram in accordance with Clause ++++ of the Conditions of @uildin# Contract and (as amplified in) the Tender 0ocuments 3 & make.up of rates and prices in accordance with Clause +++++ of the Conditions of @uildin# Contract 1 (nsurance policies and premium receipts for the 7orks in accordance with the Tender 0ocuments 4 Performance @ond in the form of a @anker9s Iuarantee in accordance with the Tender 0ocuments Aours faithfull', ++++++++++++++++++++++++++++ cc &CK6*78,0I,B,6T (, JJJJJJJJJJJ in the capacit' of JJJJJJJJJJJJJJJJ dul' authoriFed to si#n for and on $ehalf of /C0N#.AC#0.-S NAM@1 here$' confirm acceptance of the terms and conditions stipulated in this letter

+++++++++++++++++++++++++++++ )i#nature K )tamp of Contractor 0ate - ++++++++++++++++++++++++ ()ee 0raftin# 6ote 1) DRAFTING NOTE 3 Space letter such that the 'Acknowledgement( portion is an integral part of the last page

( 0! Sample of "Simplified 3etter of A%ard (Wit)out *ro+ect Consultant!,

0ate(A<C Construction Co2 3td2! (Address! 0ear )irs, .e : (#itle of Contract! 3etter of A%ard ( refer to the tender su$mitted $' 'ou on +++++++++++++++++ / Date 1 for /Description of Works1 at our $uildin# ( am pleased to inform 'ou that the *wners9 Corporation has decided to award the contract to 'our compan' for the sum of HK$ Please contact ++++++++++++++++++++++ /Name E *ost1 of the *wners9 Corporation at to discuss the arran#ements for the works

)i#nature6ameChairman Bana#ement Committee of the *wners9 Corporation

CAH#:0N #)is simplified form s)ould onl8 $e used for simple %orks orders2