01 - GC Prelim

BILL NO.
1
PRELIMINARIES
ITEM DESCRIPTION RM SEN
GENERALLY
A Definition And Interpretation
In this document, the following words and expressions shall have the meanings
assigned to them :-
Employer - shall mean Messrs K2 Strategic Infrastructure Malaysia

Sdn. Bhd.
Level 32, Johor Bahru City Square Office Tower, No.
106-108 Jalan Wong Ah Fook, 80000 Johor Bahru,
Johor, Malaysia and includes the Employer’s personal
representatives or successors.
Project Management - shall mean Messrs Aurecon Group Pty. Ltd.

Consultant 152 Beach Rd, #16-00 Gateway East, Singapore
189721. Tel: +65 - 6256 6188 or any such Project
Management Consultant appointed by the Employer and
notified in writing to Supplier to act as Project
Management Consultant for the purpose of the Contract.
Architect - shall mean Messrs DC Architects Sdn. Bhd.,

No.1/01, Jalan Molek 1/8, Taman Molek, 81100 Johor
Bahru, Johor, Malaysia. Tel: +607 - 3554 252 or any
such Architect appointed by the Employer and notified
in writing to the Supplier to act as Architect for the
purpose of the Contract
Civil & Structural - shall mean Messrs Aurecon Malaysia Sdn. Bhd.,
Engineer Imazium, Unit 21 - 01/02/04, Level 21, No 8, Jalan
SS21/37, Damansara Uptown. Petaling Jaya,
Selangor 47400 Malaysia or any such Civil &
Structural Engineer appointed by the Employer and
notified in writing to the Supplier to act as Civil &
Structural Engineer for the purpose of the Contract.
Mechanical & Electrical Shall mean Messrs Aurecon Malaysia Sdn. Bhd.,
Engineer - Imazium, Unit 21 - 01/02/04, Level 21, No 8, Jalan
SS21/37, Damansara Uptown. Petaling Jaya,
Selangor 47400 Malaysia or such Engineer appointed
by the Employer and notified in writing to the Supplier
to act as Mechanical and Electrical Engineer for the
purpose of the Contract.
To Collection :
23/665/K2/GC1 1/1
BILL NO. 1
PRELIMINARIES
GENERALLY
A Definition And Interpretation (Cont’d)
Planner - Shall mean Messrs Jururancang Sinar Selatan Sdn.

Bhd.,
No. 47 & 47A, Jalam Bukit Impian 17, Taman Impian
Emas, 81300 Johor Bahru, Johor. Tel: +607 – 5589
926 or such Planner appointed by the Employer and
notified in writing to the Supplier to act as Planner for
the purpose of the Contract.
Quantity Surveyor - shall mean Messrs WT Partnership (M) Sdn. Bhd.,

BO2-D-05, Menara 3, KL Eco City, No.3, Jalan
Bangsar, 59200 Kuala Lumpur, Tel : +603-2859 2233
or any such Quantity Surveyor appointed by the
Employer and notified in writing to the Supplier to act
as Quantity Surveyor for the purpose of the Contract.
BIM Consultant - shall mean Messrs Aurecon Group Pty. Ltd.

152 Beach Rd, #16-00 Gateway East, Singapore
189721. Tel: +65 - 6256 6188 or any such BIM
Consultant appointed by the Employer and notified in
writing to the Supplier to act as BIM Consultant for
the purpose of the Contract.
To Collection :
23/665/K2/GC1 1/2
BILL NO. 1
PRELIMINARIES
GENERALLY (CONT’D)
The Contractor - Shall mean the person, persons, or firm contracting for
these works whose tender has been accepted by the
Employer including his or their heirs, executors or
administrators.
Tenderer - shall be deemed to include two or more persons.
His - shall also mean “her” or “their” and the word “he”
may also mean “she” or “they”.
Site - The land or other places or under in or through which

the Works are to be executed and any other land or
places provided by the Employer for the purpose of
this Contract.
Works - The whole of the materials, labour, plant and other

things necessary and requisite for the proper execution
of the Contract as shown on the drawings and in the
Contract Documents as are required of the Contractor
to complete the Contract.
Approved - shall mean approved by the Employer’s

Representative / Project Manager.
Directed - shall mean as directed by the Employer’s

Instructed - shall mean instructed by means of drawings,

correspondence or other documents issued by the
Employer’s Representative / Project Manager.
As Required - shall mean as required in this Contract Document or as

required to carry out the Works in accordance with the
drawings and Contract Documents.
To Collection :
23/665/K2/GC1 1/3
BILL NO. 1
PRELIMINARIES
As shown - shall mean as shown in the drawings or illustrated in

the Specifications.
Constructional - shall mean all appliances or things of whatsoever

Plant nature required in or about the execution, construction,
completion or maintenance or the Works or
Temporary Works but does not include materials or
other things intended to form or forming part of the
permanent work.
Temporary - shall mean all temporary works of every kind required

in or about the execution, completion and maintenance
of the Works.
Drawings - shall mean the drawings and any modification of such

drawings approved in writing by the Employer’s
Ringgit - shall mean Ringgit Malaysian or “RM”.
Day - shall mean a calendar day in the Gregorian calendar.
Month - shall mean a Gregorian calendar month all times

periods shall be calculated according to the Gregorian
calendar.
B Weight And Measurement
All units of weight and measurement shall be based on British Standards of weight
and measurement kept at the Standards Office, London.
C Singular And Plural
Words importing the singular only also include the plural and vice versa where the
context requires.
To Collection :
23/665/K2/GC1 1/4
BILL NO. 1
PRELIMINARIES
A Abbreviations
Abbreviations used in the Contract Documents all have the following meanings: -
B.S. : British Standard specification as issued by the British Standards

House, London. The latest issue published is implied in all cases
used.
C.P. : British Standard Code of Practice issued by the Council of Code of

Practice in Britain. The latest issue published is implied in all cases
used.
SIRIM : Standards and Industrial Research Institution of Malaysia
ASTM : American Society of Testing and Materials
JKR : Jabatan Kerja Raya (Public Works Department)
PWD : Public Works Department
C.E. : Civil and Structural Engineers
M&E : Mechanical and Electrical Engineers.
Q.S. : Quantity Surveyor.
S.M.M. : Standard Methods of Measurement
C.P.M : Critical Path Method
T.N.B : Tenaga Nasional Berhad
C.I.F.S : Chief Inspector of Fire Services
C.E.I : Chief Electrical Inspector
S.T.M. : Sistem Telekom Malaysia
To Collection :
23/665/K2/GC1 1/5
BILL NO. 1
PRELIMINARIES
A Firm Price Tender
The tender is to be a firm price tender for constructing and executing the whole of
the works and is NOT subject to adjustments in respect of fluctuations in cost of
wages and/or emoluments and expenses of any kind payable to work people
and/or from fluctuations in cost of materials and goods, import duty or any other
duty nor in expenditure arising out of any changes due to legislation or other new
laws, amendments or replacement of existing legislation’s etc. irrespective of such
increases or additional expenditure coming into effect after the submission of
tenders or during the progress of the works.
B Documentation Charges and Tender Deposit
The Contractor shall allow for documentation charges which is non - refundable to
cover for the cost of preparation of Tender documents and Tender Deposit to cover for
the cost of preparation of contract documents which is refundable to all tenderers
except the successful tenderer as stated in the letter of invitation. The Contract
Documents shall be in soft copy and save in two (2) sets of USB flash drive.
C Preliminaries Items
The Preliminaries included in Bill No. 1 shall apply to the whole of the works
contained in this document and the Contractor must allow for complying with same
and for any cost incurred in connection therewith.
The rates inserted by the Contractor for Preliminaries Items shall be deemed to apply
to the whole of the works carried out under the contract.
The monetary value of any items which are left unpriced will be deemed to have been
included in the rates in the specification against each item of work or in the Contract
Sum.
For the basis of progress payment purposes, the following principles shall apply for
progress payment for items priced in Bill No. 1
1. a) Generally, the costs of the items less the initial cost and the final cost
shall be spread through-out the progress of the work related to the
period of the Contract or the percentage of the works executed.
b) Only in certain cases, the items shall be paid as a Lump Sum at a

defined time in the Contract period.
To Collection :
23/665/K2/GC1 1/6
BILL NO. 1
PRELIMINARIES
A Preliminaries Items (Cont’d)
1. c) The methods for paying the Items in Bill No.1 shall be at the sole
discretion of the Q.S. It shall be the Contractor's responsibility to
provide all information required by the Q.S. to substantiate the initial
cost and the final cost and to provide detailed workings of the item
build up when requested by the Q.S.
B Site
The Contractor is to refer to the key plan for the exact location, dimension and area of
the site and he must accept the site ‘as found’ on the date for possession and no claims
on the site condition shall be entertained.
The Contractor shall also be held to have visited the site of the work, examined the
drawings and satisfied himself as regards facilities for transport and plant movement,
means of access, removal of debris, working space, existing services, storage of
materials and goods and other contingencies liable to affect his tender as no claim for
extra payments in this connection will be entertained.
The Contractor must confine their works and storage of materials within their own site
and shall remove any materials wrongly unloaded on adjacent areas when instructed
by the Employer’s Representative / Project Manager. Storage areas shall be agreed on
site. The Contractor shall take the necessary precautions to prevent any disturbance or
trespass to others.
The Contractor shall be held responsible for complying with all relevant authorities
regulations and for keeping the roads/trucks he used as access to the site free from
mud, builder’s rubbish, debris, etc. occasioned by the work throughout the contract.
The Contractor shall also maintain access to site back to their original conditions
when instructed by the Employer’s Representative / Project Manager. The Contractor
is also advised to take extra precautions in conducting his work at the ingress of the
access road to the existing main road; for example, warning signs, traffic diversion
signs, warning lights for night work, etc. have to be placed in the conspicuous
locations.
To Collection :
23/665/K2/GC1 1/7
BILL NO. 1
PRELIMINARIES
A Adjacent/Adjoining Properties
The Adjacent/adjoining sites include various buildings and structures, and care must
be taken to ensure that no vibrations or other disturbances shall affect the
adjacent/adjoining buildings and structures during the course of work.
Ensure that the security of adjacent property is not lessened due to work activities.
Take measures to prevent trespass to and from adjacent/adjoining properties.
Should there be any danger of possible damage to adjacent/adjoining buildings or

structures due to the building operations, excavation works, or the methods of
construction adopted, the contractor must arrange with the neighbouring owners and
obtain their agreement on the measures he would adopt to shore up, underpin, support
and make safe such adjacent/adjoining properties. Make constant checks on the
structural soundness of neighbouring properties and take necessary protective
measures.
Damages or other disturbances caused to the adjacent/adjoining buildings and

structures shall be made good to the satisfaction of the Employer’s Representative /
Project Manager. The Contractor shall pay for any compensation so claimed.
Make every effort to reduce noise, vibration, dust or any other interference that may be
caused by the Works. Install, as directed by the Employer’s Representative / Project
Manager, and without additional cost, dust sheets, temporary screens, etc. and adopt
measures necessary for the mitigation of noise, vibration, dust, etc.
To Collection :
23/665/K2/GC1 1/8
BILL NO. 1
PRELIMINARIES
A Co-Ordination With Other Contractors Employed On The Site
The Contractor shall work in close co-ordination and liaison with other Contractors
appointed by the employer who may be, at one time or the other during the currency of
this Contract, operating around and in the vicinity of the site.
Take account of the work programmed of these other Contractors in the planning and
programming of their own works.
The Contractor shall, in particular, liaise with these other Contractors on matters of
shared access, common security, keeping roads, accessways and drains free of mud
and co-ordination of their work to minimise obstructions and hindrances. Agree and
share the cost of maintenance of all roads and accessways, or other common
facilities.
Remove within one week of the Employer’s Representative / Project Manager so

instructing all materials and rubbish that are in the working areas of these other
Contractors in order that their works are not impeded.
Hand over to the Employer areas of the site identified as to be completed earlier in
order that the works of these other Contractors are not disrupted in any manner
whatsoever.
The Contractor shall allow here for attendance to these Contractors similar to the
attendance made available to the Nominated Sub-Contractors as described elsewhere
in this bill. No further claim will be entertained for ignorance of this clause.
Items to be installed by these Contractors are LV Pod, Transformer & RMU, Genset &
MV Panel, Modular Container.
B. Brief Description of The Works
The scope of works as contained in this Contract comprises but not limited to the
followings: -
i. Site preparation works including setting up hoarding, construction access,

etc.
ii. Site Clearance and earthworks
iii. Piling and Foundation
iv. Provide site facilities i.e. site office, messrooms, sanitary, etc.
v. Structural works
vi. Infrastructure works
vii. Assist in obtaining Certificate of Completion and Compliance (CCC).
To Collection :
23/665/K2/GC1 1/9
BILL NO. 1
PRELIMINARIES
A Brief Description Of The Works (Cont’d)
b) The following works shall be awarded to others as direct contract

i. LV pod
ii. Transformer & RMU
iii. Genset & MV Panel
iv. Modular Container
However, the Contractor is required to coordinate with all direct contractors to ensure
timely construction of the whole project within the completion period.
No work shall commence until the Employer’s Representative / Project Manager has
approved the Contractor’s proposed method of carrying out the works, but this shall in
no way relieve the Contractor of his responsibility.
B Order Of Works
Notwithstanding the description of the works, the Contractor will be required to carry
out the works in such sections, order and/or manner as directed and to the entire
satisfaction of the Employer’s Representative / Project Manager and including all
necessary protection as may be directed by the Employer’s Representative / Project
Manager as per proposed work sequence. The Contractor is encouraged to provide an
alternative strategy to the sequence of works and timeline for Employer’s
Representative / Project Manager’s approval.
Time for completion of this contract is critical, and the fixed completion time must be
strictly adhered to. The Contractor shall provide multiple gangs and suitable
construction techniques, plant and equipment to comply with this requirement.
The Contractor shall be charged Liquidated Damages at the rate stipulated in the
Appendix to the Condition of Contract in the event the completion date is exceeded
without having to prove any actual loss/damage incurred by the Employer.
No claims consequent under lack of knowledge in this respect will be entertained.
To Collection :
23/665/K2/GC1 1/10
BILL NO. 1
PRELIMINARIES
A Lump Sum Tender
The tender is to be a lump sum tender unless otherwise stated for carrying out the
whole of the works, in accordance with Drawings, Conditions of Contract and
Specifications. The contract Document must be read in conjunction with all the
drawings. The contractor shall note that his lump sum tender shall be deemed to
include for all items and every other thing required in the construction and
maintenance of the works whether such items are specifically described in the
Specification, the Drawings and the Conditions of Contract.
B Pricing Of Tender Document
Where the Contractor leaves any item blank in the Preliminaries or insert only a dash
against any item in this Tender Document the value thereof shall be deemed to be
included in the prices of other items therein.
C Preparation Of Tenders
Tender Documents must be signed and delivered within the time and to the place
specified in the letter of invitation. The lowest or any tender will not necessarily be
accepted. The Employer shall not be liable to any tenderers for any expenses incurred
in preparing the submission of his tender and for any expenses during the pre-tender
period and subsequent clarification if any after the tender submission.
Tenders shall include all profit, overhead charges and cost and expenses of every
description considered chargeable. The rates priced against each item of works unless
expressly provided to the contrary, shall be held to include for the supply of materials
including cutting and waste, unloading, storage packing, carriage and cartage, hoisting
all labour setting, fitting and fixing in position, use of plant, supervision,
establishment charges, profit and all other labour and everything else necessary
for the due and proper completion of each item.
To Collection :
23/665/K2/GC1 1/11
BILL NO. 1
PRELIMINARIES
BILLS AND PRICING (CONT'D)
A Works Included In The Contract
The Contract comprises the construction and completion of the Works and the
provisions of all labour, materials, Constructional Plant, Temporary Works and
everything whether of a temporary or permanent nature required in and for such
construction, completion and maintenance so far as the necessity providing the same is
specified in or reasonably to be inferred from the Contract. All the work included in
this tender is to be taken as new (unless otherwise distinctly stated).
The Contractor’s prices for items contained in the tender hereinafter shall (except
where allowances have been made to the contrary in Bill No. 1 - Preliminaries or
elsewhere) include for the provision of labour, materials supervision, packing, cartage,
risk, moving hoisting, fixing in the required position, plant, tools, implements,
scaffolding, screens, footways, boardings, temporary enclosures, temporary works, etc.
and every other thing required in the construction and maintenance and the carrying
out of all the Conditions of Contract and for the timely and satisfactory completion of
the entire works contained in this Contract.
Unless otherwise expressly provided, the Contract shall be inclusive of all ancillary
and other works or expenditure, whether specifically mentioned or described in the
Contract Document or not, which are either indispensably necessary to carry out
and bring to completion the works described in the Contract Document, or which
may contingently become necessary to overcome difficulties before completion.
The Contractor’s prices for the tender shall be deemed in full compliance with the
technical and commercial specification unless otherwise listed in the deviation list.
B Condition Of Tender
The Contractor shall not specify or submit conditions in contravention to those

contained in these documents. If such conditions are included, the tender may not be
considered.
C "Allow"
Wherever the word “allow" occurs in this Contract Document the cost of the items is
at the risk of the Main Contractor and no adjustments will be made at the settlement
of account except where such adjustment is expressly provided for in the Agreement
and Schedule of Conditions of Building Contract.
In the absence of any price against such items the cost shall be deemed to be included
in the rates contained in the Bills of Quantities hereinafter following.
To Collection :
23/665/K2/GC1 1/12
BILL NO. 1
PRELIMINARIES
MATERIALS AND SAMPLES
A. Materials And Workmanship
The whole of the materials, goods and workmanship throughout the Works shall be
the BEST of their respective kinds and by ‘best’ shall be understood that no superior
class of specified materials or workmanship is available in Malaysia.
All workmanship, materials and components throughout shall comply with the
requirements and standards specified in the Contract Documents
Whenever any goods or materials are specified by name, such are to be considered as
being the minimum standards acceptable. In the event the Employer’s Representative /
Project Manager allows for a substitution of any materials during the course of the
Contract, such substitution may be accompanied by a corresponding reduction in costs,
unless the Employer’s Representative / Project Manager otherwise directs. The
Employer’s Representative / Project Manager has the final decision whether a
substitution is acceptable.
The Contractor is to allow for submitting samples of materials to the Employer’s

Representative / Project Manager and obtaining his written approval before
ordering in bulk, also for packing and delivering, carriage paid, samples of materials
etc. selected for testing and also all costs involved in making the tests.
The Contractor shall at the request of the Employer’s Representative / Project

Manager furnish him with any necessary supporting vouchers, evidence or
information confirming that all materials and goods whether fixed or unfixed comply
with the requirements of the Contract. Any unreasonable failure or refusal by the
Contractor to furnish such vouchers, evidence or information shall entitle the
Employer’s Representative / Project Manager to give an instruction for the removal of
the materials or goods at the expenses of the Contractor, and until replacement to
deduct their value, if already paid, from the Contract Sum.
The Contractor shall be responsible for all defects of workmanship, whether executed
by his workmen or by his Sub-Contractor's workmen; such defects of workmanship to
be rectified to the satisfaction of the Employer’s Representative / Project Manager at
the Contractor's costs.
To Collection :
23/665/K2/GC1 1/13
BILL NO. 1
PRELIMINARIES
MATERIALS AND SAMPLES (CONT’D)
A. Samples Of Materials
The Employer’s Representative / Project Manager shall be at liberty to call for the
submission of samples and/or test certificate of materials or the execution of samples
of workmanship for approval, and for further samples as are required until the
samples submitted or executed are, in his opinion, in accordance with the Preambles
and Specification.
All approved samples of work shall indicate the standard of workmanship to be

maintained in the execution of the Works.
All samples materials shall be signed by the Employer’s Representative / Project

Manager / Design Consultant and marked "Approved" and kept in a safe place.
B. Supply Of Materials And Employer's Right To Supply Materials
If the Contractors fails for any reason to supply any materials which he had contracted
to supply or if he fails to supply any such materials in sufficient time to enable the
Contract to be completed by the agreed date for completion or if the Employer wishes
to supply any materials then the Employer may supply any portion, or all of such
materials. If the Employer supplies such materials, the cost in respect thereof to be
borne by the Contractor shall be EITHER the current market rates OR the actual cost
to the Employer at the date of supply, including overhead and any other charges,
WHICHEVER IS THE GREATER.
The cost to be borne by the Contractor as above detailed, shall be deducted from
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 account of this Contract on which the Retention
Fund is based and no claim for loss or profit under Clause 24 of the Conditions of
Contract shall be deemed to have arisen.
C. Manufacturer’s Warranties, Etc.
The Contractor with his specialist and/or Sub-Contractors / Suppliers shall inter alia,
jointly and severally warrant materials and workmanship of the following works and
any other works required throughout the Pricing Schedule. Period of commencement
of the warranty shall be from the date of Taking Over of the Works.
To Collection :
23/665/K2/GC1 1/14
BILL NO. 1
PRELIMINARIES
MATERIALS AND SAMPLES (CONT’D)
A. Testing Of Samples And Completed Works
All costs of materials, sampling, transportation and works for the testing of samples
and completed works as required and specified and as directed by the Employer’s
Representative / Project Manager 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.
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 Employer’s Representative / Project Manager and supply adequate meters and
undertake to indemnify the Government for the used electricity, water, etc.
B. Ordering
The Contractor shall place his orders for specified materials at the earliest possible date
after notification of acceptance of tender or at such times as may be specifically
stated elsewhere herein for any particular materials.
Any delay arising from non-compliance with this Clause will be held to be the
responsibility of the Contractor. Should he experience any difficulties which are
beyond his control in placing the necessary orders, he should inform the Employer’s
Representative / Project Manager within 14 days of its occurrence.
C. Substitute Materials
If during the course of the Contract certain materials required for use in the works
should be unobtainable despite the efforts of the Contractor or are no longer in
production, then he may offer substitute materials for the Employer’s Representative
/ Project Manager's approval. These substitute materials although not complying fully
with the required specification must nevertheless be suitable and appropriate for use
in the Works. Acceptable or rejection of such substitute materials shall be at the sole
discretion of the Employer’s Representative / Project Manager.
In the event of substitute materials being accepted, an appropriate price reduction from
the Contract Price shall be made in respect of decrease in quality or value but no price
addition shall be made in respect of increase in quality or value.
Rejection of the substitute materials will not in way relieve the Contractor of his
obligations under this Contract and he shall be liable for any delay or loss caused by
his failure to provide the materials as specified.
To Collection :
23/665/K2/GC1 1/15
BILL NO. 1
PRELIMINARIES
SAFETY HEALTH AND ENVIRONMENT
This section of the preliminaries shall be read in conjunction with the SAFETY
HEALTH AND ENVRONMENTAL REQUIREMENTS
A Occupational Safety and Health Act
The Contractor is to allow for complying with the Occupational Safety and Health Act
1994 and provide all necessary safety precautions.
B Safety Precautions, Equipment And Environment
The Contractor shall comply with the relevant Acts of Statute of Parliament,
regulations, as well as Employer’s requirements under Safety, Health And
Environment etc. relating to safety of persons on or about the site.
Provide 10 safety helmets and 10 pairs of safety boots plus safety vest and first aid
box for the use of the Consultants and other authorised persons including
Contractor’s personnel, suppliers and others on the site.
Ensure that all tools and tackle, gear, stagings, scaffolding, ladders, machines and
other safety devices etc. used in connection with the Works are of adequate strength
and safe for use. The Contractor shall not remove or relocate the safety devices
without the prior approval of the Employer’s Representative / Project Manager and
shall replace the safety devices to its original position before leaving the place of
work. All constructional plant used on site must have the Certificate of Fitness
issued by the relevant approving authorities. Immediately discontinue or remove any
equipment which, becomes or likely to become unsafe.
The Contractor shall promptly remove from the Works any of his employees or
representatives or those of any Sub-Contractor or other party whose conduct tends to
create any danger to themselves or others or to the Works.
The Contractor will appoint two (2) safety officer to station at the site and the
Contractor must comply with all instructions issued by the said safety officer. The
Safety Officer reserve all the right to impose fine in the event the Contractor does not
comply with the instructions issued pertaining to Safety Health and Environment
matter.
The Contractor must be very careful working close to existing pipes, cables, TBM’s,
valuable vegetation etc. and shall submit information regarding the necessary
protection of these works.
The Contractor shall ensure materials are satisfactorily packed and strapped before
lifting. The Contractor is required to use all necessary safety equipment for work at
great heights including training of personnel. Notwithstanding the above provision,
the Contractor shall be fully responsible for all damages caused and any cost arising
therewith.
To Collection :
23/665/K2/GC1 1/16
BILL NO. 1
PRELIMINARIES
SAFETY HEALTH AND ENVIRONMENT (CONT’D)
HEALTH AND ENVRONMENTAL REQUIREMENTS (cont’d)
A Safety On The Site
The Contractor is to provide and maintain suitable welfare, safety measures and
amenities which or by virtue of the provisions of any enactment or regulation or the
working rules of any industry the Contractor is required to provide for his work-people
on site and also to authorities visitors to the site.
The Contractor’s responsibility and liabilities whether under the foregoing or any other
provision of the Contract, shall not in any way be neglected, reduced or limited by
reason of any instruction, variation order, approval advice given by the Employer’s
Representative / Project Manager or by any Public or other Authorities.
B First Aid Facilities
The Contractor shall make arrangements to provide adequate first aid facilities suitable
to the size of his labour force to be placed at every floor where the Contractor is
working. Two (2) persons shall be designated safety officer who shall be responsible
for the safety aspects of site activities
C Hazardous And Dangerous Material
The Contractor shall furnish information to the Employer’s Representative / Project

Manager regarding dangerous and hazardous materials that he intends to bring to the
site. The Material Safety Data Sheet shall be filled and submitted to the Employer’s
Representative / Project Manager for approval before materials are brought on to the
site.
All delivery, handling and removal of hazardous materials shall fully comply with
Safety, Health And Environment requirements
To Collection :
23/665/K2/GC1 1/17
BILL NO. 1
PRELIMINARIES
A Maintenance Of Safety Arrangements
The Contractor is responsible for all safety arrangements against ill health and
accidents for his employees and his subcontractor’s employees.
The Contractor is to ensure that his workmen (and subcontractor) employed on the
site wear; safety helmet, proper shoes, safety bells and that railed gang ways safety
net etc. are provided and comply in full to the requirements laid down in the local
bye laws and regulations with regard to safety measures applicable to Malaysia Law.
The Contractor shall make all safety arrangements necessary for his work. These
arrangements shall not be removed without the consent of the Employer’s
The Employer’s Representative / Project Manager will carry out Environment, Safety
Health (ESH) inspections for the purpose of preventing accidents and to control the
safety arrangements. The Contractor shall on demand made provisions to meet
requirements including adhere to the agreed decisions and measures at his own costs.
B Dust Prevention
The Contractor shall make adequate provision by spraying water, erecting screens, or
other suitable methods against any nuisance or damage by dust to all existing
properties and their occupants in the vicinity and he will be held responsible for any
complaints, damage or claims in this connection. Dust-collection systems shall be
using the ventilation principles to capture the dust-filled airstream
Dust producing work such as cutting of timber, gypsum boards etc. shall be carried
out only on places indicated. Measures shall be taken by the Contractor to prevent
dust to spread outsides these places. The Employer’s Representative / Project
Manager must approve these measures before commencement of these works.
To Collection :
23/665/K2/GC1 1/18
BILL NO. 1
PRELIMINARIES
A Work In Connection With Heavy Rainfall / Exceptional Inclement Weather
In the event of rain, it is the prerogative of the Employer’s Representative / Project

Manager on deciding when the works shall be abandoned.
The Contractor must provide all necessary clothing and equipment if the works need
to be proceeded during rain.
The Contractor must always be prepared for heavy rainfall and take necessary
precautions to avoid damages on his or other contractor works.
Exceptional inclement weather shall mean adverse weather for that time and location
and be in accordance with Government’s announcement i.e. heavy rainfall of 7 days
continuously or compared to the records for the last ten years from the project
commencement date issued by the Malaysian Meteorological Department.
The Supplier is to note that no extension of time will be given in respect of rainy
days unless it falls within the above definition, and he shall take into account
rainy days in the submission of his work programme. He shall submit hourly
rainfall data every month obtained from the nearest meteorological station and the
records shall be used to compute the number of ‘wet days’ in a month.
B Fire Prevention During Construction And Fire Fighting Facilities
Attention is drawn to the strict fire regulations to be observed particularly where

highly inflammable fuels or materials are stored. Smoking by workmen and burning
of rubbish on site are strictly forbidden in these areas.
During the construction the Trade Contractor shall regularly clean the premises
concerned so that no accumulation of rubbish or dust takes place.
Emergency exits shall not at any time be blocked without first arranging a temporary
emergency exit.
The Contractor must also ensure that all inflammable goods are stored in non-
combustible stores and are kept in accordance with the rules set out for the site by
the Employer’s Representative / Project Manager. Proper instructions and training
must be given to workmen using gas cutting, soldering and welding equipment to
ensure minimum fire risks. The Contractor shall provide all temporary fire
equipment to conform with the requirements of the Fire Department and maintain
them throughout the duration of the Contract.
To Collection :
23/665/K2/GC1 1/19
BILL NO. 1
PRELIMINARIES
CONTRACT ADMINISTRATION
A Fire Prevention During Construction And Fire Fighting Facilities (Cont’d)
The Contractor shall, as part of the site fire fighting facilities, institute the
following measures: -
1) provide separate metal containers for each form of flammable waste and
organize regular collection and disposal
2) form small fire-fighting team and, with the assistance of the local fire brigade,
ensure that they know how to operate extinguishers and what type to use for what
purpose, and
3) ensure that all site personnel know what they are required to do in case of fire.
B Time Essence Of The Contract
Time is the essence of this Contract and the whole Contract works shall be
completed within the shortest period from the date of possession of site.
The Contractor shall submit a programme together with his tender setting out his
proposed construction schedule to complete the works. This programme shall form
part of the Contract and any delay in its implementation shall be subjected to
Liquidated Damages in accordance with Cl. 8.6.2 of the Conditions of Contract.
The Contractor shall use his best endeavour to prevent delay in the progress of the
works. The Contractor shall provide all necessary escalation at no extra cost in the
event of delay.
For avoidance of doubt, the calculation of Liquidated Damages shall include
Sundays & all Public Holidays regardless of gazetted or not.
C Custom Restriction, Quotas And Duties Etc.
The Contractor shall thoroughly acquaint himself with the details of all custom
restriction, quotas and duties and shall allow in his cost for complying with all such
regulations.
The Contractor shall pay all duties, tariffs and taxes which may be payable or
become payable on all materials for use in this Contract in accordance with the
regulations.
The Contractor may have to obtain the necessary import license before ordering
certain materials from overseas. Failure to make proper arrangements may result in
delays or additional costs for which the Contractor will be entirely responsible.
The Contractor is to bear all increases in import duty, tariffs and taxes etc. that may
arise during the duration of the Contract. Such increases in import duty, tariffs and
taxes etc. are not recoverable from the Employer.
To Collection:
23/665/K2/GC1 1/20
BILL NO. 1
PRELIMINARIES
CONTRACT ADMINISTRATION (CONT'D)
A Employment Of Labour Generally
The Contractor is to allow for all emoluments and expenses arising out of the
operation of the Employees Provident Fund Ordinance 1951 or any other
provision by Statute, Tort or Common Law or amendment or replacement of
existing legislation concerning the employment of labour including any extra
payments made for bonus schemes, accommodation, etc. The Contractor must
obtain CIDB card for the labour employed. The Contractor shall also obtain CIDB
card for all Employer’s Representatives and Consultants.
Allow for any items of expenditure which are not allowed elsewhere such as
travelling time and fares and/or local transportation costs etc.
A Employment Of Foreign Workers And Specialists
The Contractor shall be responsible for the entry of foreign workers and specialists
into Malaysia. Their entry shall conform to the rules and requirements of the
immigration laws of the country. He shall also be responsible for obtaining their
necessary work permits and CIDB card from the relevant Authorities. The
Employers shall absolve itself from all responsibility pertaining to this matter.
B Labour On-Costs
Provide for all costs in respect of all workmen for: -
(a) Annual and public holidays;

(b) Traveling time, expenses, fares and transport
(c) Non-productive time and other expenses in connection with overtime;
(d) Incentive and bonus payments
(e) Any other disbursements arising from employment of labour
C Constructional Plant
All constructional plant provided by the Contractor shall be deemed to be

exclusively intended for the construction of the works. The Contractor shall not
remove the Construction Plant from the site without the consent in writing of the
Employer’s Representative / Project Manager which shall not be unreasonably
withheld.
Upon completion of the works the Contractor shall remove from the site all the said
Constructional Plant.
If the Contractor proposed to use constructional plant which places any load on
the reinforced concrete structure, he must furnish full details of such
constructional plant to the Architect for approval before the constructional plant
are installed. Loads for such constructional plant shall only be imposed on
completed structures where the concrete has attained the minimum 28 days
strength.
To Collection:
23/665/K2/GC1 1/21
BILL NO. 1
PRELIMINARIES
A Constructional Plant (Cont’d)
If necessary and structurally acceptable, the structure shall be strengthened in order

to carry such loads and the Contractor shall be responsible for the extra costs.
The Contractor shall be responsible and make good to the satisfaction of the
Architect any damage to the permanent structure which may be caused by his
plant.
No approval by the Employer’s Representative / Project Manager of the installation

of the Contractor's constructional plant shall relieve the Contractor from any of his
responsibilities for the sufficiency and efficiency of the same and from any other of
his responsibilities and obligations under the Contract.
B Loading In Excess Of Design Load
The Contractor will be responsible for the stability and structural integrity of the
Works and shall provide all necessary additional support, bracing, strutting etc. to
the building and shall prevent overloading.
No load in excess of the design load shall be placed on any portion of the structure
without the prior written consent of the Employer’s Representative / Project
Manager, structural members subjected to excess loading shall be strengthened and
supported to the satisfaction of the Employer’s Representative / Project Manager.
The Contractor will bear all additional expenditure, including making good any
damage caused.
C Inspection of Site
The Contractor shall inspect and examine the Site and its surrounding and shall
satisfy himself before submitting his tender as to the nature of the ground, the
hydrological and climatic conditions, and the form and nature of the Site, the
quantities and nature of the Work, and materials necessary for the completion of the
Works, the means of access to the site, the accommodation he may require and in
general shall himself obtain all necessary information as to risks,
contingencies and other circumstances which may influence or affect his tender.
D Sufficiency of Tender
The Contractor shall be deemed to have satisfied himself as to the correctness

and sufficiency of his Tender for the works and of the rates and prices stated in
the Contract Document which rates and prices shall be inclusive of all ancillary
and other works and expenditure, whether separately or specially mentioned or
described in the Contract Document or not, which are either indispensably
necessary to carry out and bring to completion the Works described in the
Contract Document or which may contingently become necessary to overcome
difficulties before completion.
To Collection:
23/665/K2/GC1 1/22
BILL NO. 1
PRELIMINARIES
A Drawings
The whole of the works is to be carried out in accordance with the dimension and
sizes shown on the Design Consultants’ drawings and further detailed drawings that
the Employer’s Representative / Project Manager may considered necessary.
The dimension and sizes of certain details may not be shown in the drawings but
stated in the Specification, in which case those stated in the Specification shall be
followed. In cases where there are discrepancies between the drawing and
specification in respect of the dimension and sizes, the drawing shall prevail.
The drawings included in this tender are listed in the Appendix and the Contractor
shall check the drawings received against the appendix and immediately request for
any missing drawing. No claim in this connection will be entertained.
Should the Contractor after having received the working drawings during the
various stage of the work requires further detailed drawings or instruction etc., he
shall give adequate advance written notice to the Employer’s Representative /
Project Manager. In the absence of advance written notice, it will be assumed that
the progress of the works is not affected by want of such information.
Drawings indicating details of all temporary measures shall be submitted by the

Contractor to the Employer’s Representative / Project Manager for approval as
soon as possible or as directed.
The Contractor shall prepare fully coordinated working drawings combining all of
the requirements of the Employer, Project Manager, Design Consultants’ drawings
and specification as well as the requirements of all of the sub-contractors prior to
commencement of the relevant work at site. Such drawings should clarify the work
to be accomplished by means of: -
(a) Large scale details
(b) Detailed dimension computed from overall dimensions shown upon

drawings
(c) Combing details shown on several drawings
(d) Transforming tables, schedules, and written information into visual form of
sketches and diagrams
(e) Give the field personnel, and one or several drawings, all the information,
but only that equipped by them to accomplish their particular portion of the
work.
The coordinated working drawings shall be made available to the Employer’s

Representative / Project Manager, if requested.
To Collection:
23/665/K2/GC1 1/23
BILL NO. 1
PRELIMINARIES
A "As-Built" Drawings
During construction, the Contractor shall keep accurate records of the actual
construction including but not limited to architectural drawings, civil and structural
drawings, mechanical and electrical services drawings. This information shall be
supplied to the Employer’s Representative / Project Manager progressively in two
paper prints and shall form the basis of as-built record of the finally constructed
works.
As-built drawings shall contain all necessary information from reviewed shop
drawings, Contract Drawings, coordination drawings and as-built records. Such
drawings shall be prepared and presented in a format approved by the Employer’s
The Contractor shall also provide Building Information Modelling (BIM) as
described in BIM Requirements (Refer RFP Appendix 2) up to LOD 500.
Prior to Taking Over the Contractor shall handover to the Employer’s

Representative / Project Manager one set of producible transparencies and two sets
of prints for review. After the Employer’s Representative / Project Manager’s
review the Contractor shall, if necessary, correct the as-built drawings and submit
as-built drawings, two (2) sets of hard copy in A1 size and two (2) sets of softcopy
in AutoCAD format including Building Information Modelling in USB flash drive /
hard disc within one (1) month upon Taking Over. The drawings shall include
those prepared by nominated specialist contractors and direct specialist contracts.
Subject to the Conditions of Contract, the first moiety of retention fund will be
released only upon the submission of the “As-Built drawings”.
B Records Drawings
The Contractor shall make accurate records of those parts of the Works which will
be become hidden by further progress, or as may be directed by the Employer’s
Representative / Project Manager. Such records shall be checked and verified by
the Employer’s Representative / Project Manager while the work is open for
inspection. The Contractor shall also keep records of alteration, changes, omissions
and additions to the Works. Records shall be entered by the Contractor on prints of
drawings amplified by him with supplementary dimensioned sketches and handed
to the Employer’s Representative / Project Manager within two (2) weeks of
completion of the item of work. All costs and expenses in connection therewith
shall be borne by the Contractor where relevant, any record shall prepared/endorsed
by a Licensed Surveyor / Engineer.
C Guarantees and Maintenance

The Contractor shall assign to the Employer the benefit any guarantees and/or
quotations for future maintenance offered by plumbing, mechanical, electrical, or
other Sub-Contractors and Suppliers if and when such guarantees and/or quotations
extend beyond the Defects Notification Period of the Main Contract.
To Collection :
23/665/K2/GC1 1/24
BILL NO. 1
PRELIMINARIES
A Documents Mutually Explanatory
The several documents forming the Contract are to be taken as mutually

explanatory of one another and in case of ambiguities or discrepancies, the
provisions of the Conditions of Contract shall prevail over those of any other
document forming part of the Contract.
Differences between the drawings and conditions on site should be referred as

soon as possible to the Employer’s Representative / Project Manager to obtain
clarification. The Drawings and Technical Design specifications shall prevail over
Schedule of Unit Prices. The work shall be carried out strictly in accordance with
instructions as may from time to time be issued by the Employer’s Representative /
Project Manager.
B Operating And Maintenance (O&M) Instructions Manual
Obtain and hand over to the Employer’s Representative / Project Manager three (3)
complete sets of hard copies and one (1) copy electronic format for operating and
maintenance instructions for items incorporated in the Works, which shall be for all
systems and equipment indicated in the technical sections including all Employer
furnished equipment as well as their warranty cards.
The Contractor shall furnish one complete manual prior to performance of

systems or equipment tests, and furnish the remaining manuals prior to
contract completion. Inscribe the following identification on the cover: the
words "OPERATION AND MAINTENANCE MANUAL", the name and
location of the system, equipment, building, and name of Contractor,
contract number, project name and name of the Employer.
The instruction manuals shall include the followings:-

i) Names, addresses, and telephone numbers of each Specialist
Contractor installing the system or equipment and the local
representatives for the system or equipment.
ii) A table of contents and assemble the manual to conform to the table
of content, with tab sheets placed before instructions covering the
subject. The instructions shall be legible and easily read, with large
sheets of drawings folded in.
iii) Detailed description of the system and equipment which should be

specific to the project.
iv) Detailed operating procedures including any relevant safety

information.
To Collection :
23/665/K2/GC1 1/25
BILL NO. 1
PRELIMINARIES

A Operating And Maintenance (O&M) Instructions Manual (Cont’d)
v) Detailed maintenance procedures all items of equipment including

step-by-step instruction detailing how to equipment out of service
safely and without interrupting the operation of the system.
vi) A planned preventative and predictive maintenance schedule.
vii) An emergency contact list with the appropriate escalation

procedures defined.
viii) An emergency contact list with the appropriate escalation

procedures defined.
The instruction manuals shall be in English Language, bound, neatly labeled, and
indexed and to the approval of the Employer’s Representative / Project Manager.
B Language
The language in which the Contract Documents shall be drawn up shall be the
English Language. Correspondence shall be in English.
C Scaffolding For All Trades
The Contractor shall supply and erect all necessary temporary scaffolding and
special scaffolding, shoring, staging, planked foot ways, guard rails and the like for
the use of his workmen. All scaffolding, plant, etc. to be removed on completion of
the Contract.
The Contractor shall allow for free use of standing scaffolding by all
Sub-Contractors, Specialist Contractors whether directly employed by the
Employer or the Contractor.
The scaffolding is to be erected in accordance with the ordinance and Bye Laws
and remove when required by the Employer’s Representative / Project Manager.
The design, erection and maintenance of scaffolding and staging must be endorsed
by professional engineer to Employer’s Representative / Project Manager’s
Approval.
E Weekly Reports
The Contractor shall prepare and submit to the LIC electronic copies of weekly
reports on the progress of the works.
These records should elaborate on the daily activities of the site and must include
the following:-
(a) Weather situations
To Collection :
23/665/K2/GC1 1/26
BILL NO. 1
PRELIMINARIES
A Weekly Reports (Cont’d)
(b) Work done (with photographic evidence)
(c) Number and categories of site staff employed
(d) Materials delivered
(e) Materials taken out from the site
(f) Instruction received
(g) Instruction given to Contractor
(h) Request by Contractor
(i) Equipment used on site
(j) Equipment taken out of site
(k) Visitors and
(l) Other relevant information
These records must be entered daily and countersigned periodically by the

B Procore System
Procore system (Platform by Employer) will be used for Project as a secure place to
store, share and access information from almost any device. The Procore system
will be used and managed by the Employer’s Representative / Project Manager -
Project Document Control as:
- A storage of electronic document files generated on the project

- To share electronic file transfer with the Employer, Consultants and
Contractors.
- To generate electronic transmittal and workflows controlling the distribution of
project documentation.
- To generate of exception reports tracking the progress of generated deliverable
documentation.
Procore access will be assigned to all project team and Employer. Due to
confidentiality limited access given to Consultants and Contractors allowing for the
search and retrieval of project documentation only. The Contractor shall arrange for
all necessary training to use the system for the staff at own cost.
To Collection :
23/665/K2/GC1 1/27
BILL NO. 1
PRELIMINARIES
A Noise And Nuisance
The Contractor is to ensure that all noises, vibrations etc. emitting from his work
shall be kept to an absolute minimum and the Contractor shall take into
consideration in his completion period complaints from adjacent owners and
consequential stoppages of work resulting therefrom.
The Contractor shall note that he shall comply with all reasonable request to reduce
noise and dust pollution and shall comply with all authority notices etc.
B Neglect To Obtain Reliable Information
Any negligence or failure on the part of the Tenderer to obtain on the spot reliable
information or elsewhere upon the various respects as specified or any other
matters affecting the execution, completion and maintenance of the works,
shall not relieve him from any risks, liabilities or responsibility in executing,
completing and handing over the works in accordance with the Conditions of
Contract.
C Damage To Existing Roads Etc.
The Contractor shall arrange for the conveyance of materials, plant, etc. so as
to cause a minimum of damage to existing roads and culverts. The Contractor
shall be responsible for any damage caused by his lorries or workmen to any
existing roads, culverts, etc. from whatsoever cause arising and shall maintain,
repair and reinstate same to their original condition to the satisfaction of the
Employer’s Representative / Project Manager or the Public Works Department
(J.K.R.) or alternatively shall bear the cost of such maintenance and restoration as
deduction from money due or to become due to the Contractor under this Contract.
D Protection Of Public And Private Services
Protect, uphold, and maintain all public and private services within the site or
around and adjacent, comprising existing and in use pipes, ducts, sewers, services
mains, overhead cables, etc. during the execution of the Works, unless otherwise
directed.
The Contractor shall make good any damage caused at his own expense or pay any
costs/charges in connection therewith.
Where the services are to be temporarily terminated or diverted, the Contractor

shall give the necessary notices to the appropriate Authorities concerned and
arrange for the work to be carried out and pay all costs and charges involved.
To Collection :
23/665/K2/GC1 1/28
BILL NO. 1
PRELIMINARIES
A Protection Of Public And Private Services (cont’d)
The Contractor shall verify and obtain any necessary approval prior to the removal
of any dis-used services encountered and to allow for blocking off ends, etc. as
appropriate where directed.
B Obstruction Of Roads
The Contractor shall ensure that no necessary inconvenience is caused to the public
or to the access of any roads that may be affected by the works or used by him
during the progress of the works.
No private road shall be blocked or obstructed by the Contractor without

notice to the owner of the same and the prior approval of the Employer’s
No public road shall be blocked or obstructed by the Contractor without approval

of relevant Authority and to prior approval of the Employer’s Representative /
Project Manager.
C Restriction Of Persons To Site
The Contractor shall be responsible for restricting all persons employed under his
control and employed under the Contractors only to the site of the Works and shall
take all necessary precautions to prevent and shall indemnify the Employer against
any damage arising from nuisance of any kind.
D Trespass
Any claim resulting from a civil court action due to infringement of air space or
land of adjoining owners shall be borne by the Contractor.
E Working Hours
The Contractor shall follow normal working hours on site, and he shall comply
with all Rules and Regulations affecting work and labour and also the
National/Public Holidays etc. of the State. The Contractor shall also note that there
are existing buildings near the project site, and he shall take these into
consideration whilst performing work which may be a cause of public disturbance.
F Overtime For Supervisory Staff
The working hours of the site Supervisory Staff are as follows :-
i) Mondays to Fridays - 9.00 am to 5.00 pm

ii) Saturdays - 9.00 am to 1.00 pm
To Collection :
23/665/K2/GC1 1/29
BILL NO. 1
PRELIMINARIES
A Overtime For Supervisory Staff (Cont’d)
Any work which required "standing" supervisory e.g. concreting, piling,

mixing of cement and sand for plastering or screeding and mixing of paints, etc.
shall be organized and programmed in such a way so as to carry out these
works within the stipulated working hours for site Supervisory Staff. The prior
written permission of the Employer’s Representative / Project Manager will have to
be obtained if, in the urgency of the case, such works is required to be carried out
beyond the stipulated hours.
When permission is given for overtime work the Contractor shall pay to the
Employer’s Representative / Project Manager for such additional services of the
Site Supervisory Staff. The overtime rate shall be based on staff salary times the
multiplier of 1.8 by the Employer to the Site Supervisory Staff and shall be
deducted from the Contractor’s progress payment by the Employer.
Site Supervisory Staff include Resident Engineer, his assistant, clerk-of-work, site
supervisors (senior and junior), laboratory technicians and other staff employed by
the Employer and/or the Employer’s Representative / Project Manager in the
supervision of the works.
No work shall be carried out beyond the normal working hours in the absence of
the site Supervisory Staff without the written permission of the Employer’s
When overtime is carried out, the Contractor shall submit weekly returns done on
Sunday/Public Holidays or beyond the normal working day to the Employer’s
B Police Regulations
The Contractor will be held responsible for complying with all police regulations
including those relating to the parking or waiting by vehicles for loading or
unloading purposes and for keeping all public highways and footpaths, clean and
free from sand, builder's rubbish, debris etc. occasioned by the works throughout
the period of the Contract.
C Site Security
Provide all necessary and adequate watching by day and night for the whole period
of the works in hand, guards shall be stationed at all ingress’s and exits and areas
where the occurrence of theft or damage to materials, executed works, etc. will
hinder the progress of the works and/or delay the completion of the works
building.
To Collection :
23/665/K2/GC1 1/30
BILL NO. 1
PRELIMINARIES
A Site Security (Cont’d)
A system of gates control shall be set up to control the entry and exit of all
vehicles and pedestrian traffic. The Contractor shall set up two (2) security check
points to the site. No authorized vehicles or persons shall be allowed to enter the
site. A complete record of all authorized visitors to the site shall be
maintained by the duty guards.
Notwithstanding the above which shall be held to be the minimum watching and
security services to be provided by the Contractor, the Contractor shall be held
solely responsible for the security of the Works and the safety of all his own
materials, fixed or unfixed, and all the materials of other suppliers or contractors
whether under sub‑contract to him or not, plant, machinery and tools, scaffolding
etc.
B Safety Measures
The Contractor is to ensure that his workmen (including those employed by his
sub-contractors), employed on the site wears safety helmets, proper shoes, safety
belts and that railed gang-ways, etc. are provided and comply in full to the
requirements laid down in the Local Bye-Laws and any future regulations or
bye-laws with regard to safety measures applicable in Malaysia. Special
precautions shall also be taken for the safety of the adjoining premises.
Generally, the Contractor shall be responsible for the complete adequacy of all
protective systems to prevent injury to workmen and the public.
The contractor shall provide on site sufficient number of safety helmets and
safety boots for use by the representatives of the Employer and consultants
whenever they visit the site.
C Site Meetings
The following meetings shall be held on a weekly basis for the progress update and
the Contractor shall also arrange meetings with all sub-contractors including direct
contractors on a weekly basis or as frequently as necessary.
1. Site Meeting – once a week

2. Technical coordination meeting – twice a week
3. Contract coordination meeting – Once a week
The Contractor shall submit to the Employer’s Representative / Project Manager

and other Consultants before each meeting an agenda listing site problems,
variations or extra works instructed by the Employer’s Representative / Project
Manager, progress of the works and any other matters for discussion during the
meeting.
To Collection :
23/665/K2/GC1 1/31
BILL NO. 1
PRELIMINARIES
A Advertising
The sole right of advertising is reserved to the Employer and the Contractor shall
not allow any advertisement to be displayed without the consent in writing of the
Employer
B Progress Photographs
The Contractor shall provide electronic photographs before commencement of the

works and thereafter with at weekly interval. The photographs and should be taken
from the various angles and as directed by the Employer’s Representative / Project
Manager.
C Safety Health And Welfare Of Work People
The Contractor shall provide for all costs incurred by complying with all Safety,
Health and Welfare Regulations, orders or bye-laws relating to all work people
(including those employed by Nominated Sub-Contractors) employed on the site.
The Contractor shall liaise with the Local Authority Health Department to obtain
and comply with regulations pertaining to pest control, water, sanitary, garbage
disposal, pollution, and similar matters.
D Programme And Manpower Chart
The Contractor shall submit with his tender a programme and manpower chart
related to the construction period showing the order or sequence in which he
proposes to carry out the various parts of the Works and any proposed temporary
works or methods of working which may be relevant to progress. The software of
work programme to be agreed by the client and contractor.
After the award of the Contract, the Contractor shall prepare further detailed
programme charts incorporating amendments deemed necessary by the
Employer’s Representative / Project Manager. The programme shall be on a critical
path method (C.P.M) and shall show the programmed dates for
commencement and completion of the various elements in works and
incorporating details as to when the various works to be executed by other
Sub‑Contractors as defined hereof should commence and complete their
respective work in order that their works would not delay or disrupt the
Supplier 's work and vise versa. A quarterly detail projection of the C.P.M. shall
be submitted so that checks can be made to determine the various activities.
Similarly, a master manpower chart and a quarterly manpower chart should be
submitted.
To Collection :
23/665/K2/GC1 1/32
BILL NO. 1
PRELIMINARIES
A Programme And Manpower Chart (Cont’d)
The Contractor shall also provide additional copies of the C.P.M. and manpower
chart to all Consultants. A further copy shall be retained on the site and kept up
to date by the Supplier. This chart shall be modified as necessary and the Architect
shall be informed should any circumstance arise affecting its validity.
Approval of the programme by the Employer’s Representative / Project Manager

shall signify his agreement with the proposed order or sequence of working in the
programme, and may be taken into account in any dispute for determining a
reasonable order or sequence for supplying any outstanding information or details
to the Supplier and for determining whether the other Sub‑Contractors / Suppliers
work have delayed or disrupted the Supplier 's work but shall not otherwise
change the contractual obligations of either party in relation to the Contract
Completion Date, or as to a reasonable time for giving or receiving further
information.
B Protection Of Materials & Completed Work
The Contractor shall provide all things necessary for the proper protection of
materials and completed work and reinstate at his own cost any damage or loss.
C Overtime & Completion
The whole of the Works is to be completed by the time stated in the Contract and
no extra will be allowed in respect of overtime paid to achieve this.
The Contractor shall arrange at no extra cost, maximum overtime work on the site
so that the completion time can be achieved.
D Covering Up
No work shall be covered up until it has been examined and approved by the
Should any works be covered without prior inspection and approval, the Contractor
shall uncover any part or parts of the Works or make openings in or through the
same, as the Authorities or Employer’s Representative / Project Manager may
direct, for inspection. The Contractor shall at his own expense reinstate and make
good such part or parts to the satisfaction of the Authorities or Employer’s
In the case of work executed against provisional sums in the Specifications the
Contractor shall notify the Quantity Surveyors before proceeding to cover up
the Works.
To Collection :
23/665/K2/GC1 1/33
BILL NO. 1
PRELIMINARIES
A Covering Up (Cont’d)
If the Contractor considers that work has been executed in accordance with the
Employer’s Representative / Project Manager’s instruction and which would not
normally have been re-measured, he shall provide the Quantity Surveyors with at
least 48 hours' notice in writing before covering up such work.
Failure by the Contractor to inform the Quantity Surveyors on time before covering
up the work may render this claim null and void.
B Opening Up
The Contractor shall, at the request of the Employer’s Representative / Project

Manager open up for inspection any work covered up; and should the Contractor
refuse or fail to comply with such request, the Employer’s Representative / Project
Manager may employ other workmen to open up same. If the said work has been
covered in contravention of the Employer’s Representative / Project Manager’s
instruction and if on being opened up it be found not in accordance either with the
drawings or instruction of the Employer’s Representative / Project Manager the
expenses of opening up and covering up again whether done by the Contractor or
other workmen shall be borne by or may be deducted as aforesaid.
If the work has not been covered up in contravention of such instructions and be
found in accordance with the said drawings etc. then the expenses aforesaid shall be
borne by the Employer and be added to the Contract Sum.
C Delays
The Contractor will be deemed to have made allowance for all possible delay
caused by difficulty in obtaining labour and materials or by suspension of part or
whole of the Works due to adverse weather conditions.
D Failure To Achieve Performance
Should the whole or any part of an installation forming part of the Works be unable
to produce on test the performance offered, guarantee or required by the Contract
Documents, the Employer’s Representative / Project Manager may, at his
discretion, permit the Contractor to carry at his own expense, within his own
programme, such modifications to the installation as he may propose to improve its
performance and no extension of time will be permitted for such modifications.
Such permission will not be granted if the Employer’s Representative / Project

Manager considers the carrying out of the modification proposed by the Contractor
not to be in the best interests of the installation.
To Collection :
23/665/K2/GC1 1/34
BILL NO. 1
PRELIMINARIES
A Failure To Achieve Performance (Cont’d)
Notwithstanding the above, should the installation be unable to produce on test (or
on re-test after approved modification) the performance offered, guaranteed or
required by the Contract Documents, the Employer’s Representative / Project
Manager may reject the whole or any part of it.
The Contractor shall at his own cost, dismantle and remove from the Site, the
whole or any part of the work which has been rejected and at the discretion of the
Employer’s Representative / Project Manager will be required to replace it with an
approved alternative or to bear the cost and expenses of such replacement carried
out by others.
B Dismissal By Request
The Contractor shall only employ such technical staff, foremen, artisans and
labourers on the Works as are thoroughly efficient and of good character. If, in the
sole opinion of the Employer’s Representative / Project Manager any person
employed by the Contractor misconducts himself or has caused delays or is
incompetent, the Contractor when so directed by the Employer’s Representative /
Project Manager in writing, shall at once remove such person from the site and he
shall not again be employed on the Site without the written permission of the
Employer’s Representative / Project Manager. However, it shall be noted that the
Employer’s Representative / Project Manager need not issue any reasons for such
instruction to dismiss. Any person so dismissed from the site shall be replaced
without delay by a competent substitute approved by the Employer’s
Representative / Project Manager. Provided that the Contractor shall not be entitled
to any claim for any expense whatsoever incurred by him in respect of any
direction given by the Employer’s Representative / Project Manager under the
provisions of this clause.
Should the Contractor intends to change any of the personnels proposed during
tender, the Contractor shall submit the C.V. of the new proposed personnel for
Employer’s Representative / Project Manager’s approval.
C Nominated / Direct Sub-Contractor
The Contractor shall be fully responsible for all Nominated / Direct

Sub-Contractors created under the provisions of this Contract and any delays or
damage thereby occasioned and shall be responsible for the co-ordination of all
sub-contractor in accordance with the Conditions of Contract and will be required
to arrange a programme schedule with each of the nominated/domestic firms.
These schedules will be subjected to the approval of the Employer’s Representative
/ Project Manager.
To Collection :
23/665/K2/GC1 1/35
BILL NO. 1
PRELIMINARIES
A Nominated / Direct Sub-Contractor (Cont’d)
The term "attendance” as described in the Preliminaries throughout the Summary

of Tender where applicable to Nominated Sub-Contractor shall include for the
following:
i) Ascertaining from Sub-Contractors at an early stage all particulars relating
to their work in regard to sizes and positions in which chases, holes,
mortices and similar item are required to be formed or left and allow for
providing same (The Contractor will be responsible for any additional cost
incurred as a result of any omission on his part in this respect).
ii) Affording free and full use of standing scaffolding messrooms, sanitary
accommodation and welfare facilities.
iii) Providing space ONLY for Sub-Contractor's office and storage

accommodation i.e. 8 persons for each Nominated / Direct Sub-Contractor.
iv) Providing all artificial lighting and water for Sub-Contractor's work.
v) Supplying all setting out information.
vi) Giving all necessary dimensions and taking responsibility for their
accuracy.
vii) Making available temporary power supplies required for the execution
of the Works (connection to temporary supply including distribution cable
by Nominated Sub-Contractor).
viii) Assisting in arranging for source of any special power supplies required by
Nominated Sub-Contractors for starting, testing, adjusting, balancing and
commissioning of Mechanical and Electrical Installations (Current and fuel
consumed paid by Nominated Sub-Contractor).
ix) Clearing away rubbish from site.
x) Taking full responsibility for and covering and protecting against all loss or
damage to all executed and part executed
Sub-Contractor’s works 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 rectifying 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:
i) Unloading, getting in, storing and all handling and hoisting of his materials,
plant and tools into required positions.
To Collection :
23/665/K2/GC1 1/36
BILL NO. 1
PRELIMINARIES
A Nominated / Direct Sub-Contractor (Cont’d)
ii) The provision, erection, maintenance and removal of all his temporary
office and storage accommodation including paying all assessment and
other charges.
iii) Connection to temporary power supplies, made available by the Main

Contractor for the execution of the Works supplying and running
distribution cables, lead and electrical gear required and for paying for
all current consumed.
iv) Arrangement and provision of all fuel, gas, special power supplies, and all
other services that may be required for the starting, Testing, adjusting,
balancing and commissioning of his installations. The Sub-Contractor
shall also be responsible for the provision of meters or sub-meters if
required to register the current consumed and pay for all current or fuel
consumed.
v) Taking full responsibility for any loss of, or damage to his plant, tools,
equipment, and other property on the site.
vi) Always keeping his works free from accumulation of rubbish and
debris as the progress of the work permits and at the completion of the
work. The Sub-Contractor shall clear and remove all rubbish and debris
from his premises to the final disposal points as directed by the Main
Contractor for his final disposal and carting away from site.
Any dispute between the Main Contractor and Nominated / Direct Sub-Contractor
in regard to the above matters shall be matters for settlement between the Main
Contractor and Nominated Sub-Contractor neither of whom shall have any claim
against the Employer.
B Materials Found On Site
Any soil, gravel or other building material discovered on the site shall be the
property of the Employer and shall not be used in the construction of the Works
without prior written consent of the Employer’s Representative / Project Manager.
The market price of the materials so used shall be allowed to the Employer by the
Contractor and the Contract Price adjusted accordingly.
C Antiquities
All old curiosities, relics, coins etc. found in excavation or other execution of work
are to be the property other Employer and to be handed over to the Employer’s
Representative / Project Manager. Should any ancient masonry, pavements or other
old work of interest be opened up, the Employer’s Representative / Project
Manager 's attention is to be called to the same before demolition or removal
To Collection :
23/665/K2/GC1 1/37
BILL NO. 1
PRELIMINARIES
A Withholding Tax Legislation
Non-resident contractors shall be subjected to the Withholding Tax Legislation

(under Section 107A to the Income Tax Act 1967).
"Non-resident contractor" has been defined as any person (including partnership or

firms) who is not resident in Malaysia within the meaning of Sections 7 or 8 of the
Income Tax Act 1967 and who under a contract or a subsidiary contract (not being
a contract of service or apprenticeship) or an agreement or arrangement undertakes
(otherwise than as an employee) any services under a contract.
For the purpose of this Contract Tenderer whose Principal Office is not
incorporated in Malaysia (even if a Branch is incorporated in Malaysia) shall be
deemed to be a "non-resident contractor".
The Tenderer who is a non-resident contractor shall enter in the appropriate

Schedule at the end of the Schedule of Unit Prices the proportion of its tendered
sum attributable to "service under the contract” in relation to the non-resident
contractor.
The Tenderer shall be deemed to have familiarised himself and have allowed in
his Tender for compliance with the said Withholding Tax Legislation.
No interest is payable for any amount withheld by the Employer and remitted to
the Inland Revenue Department in compliance with the provisions of the said
Legislation.
B Construction Industry Development Board Of Malaysia (CIDB)
The Contractor shall comply to Part VIII of the Lembaga Pembangunan Industri
Pembinaan Malaysia Act 1994 and the Construction Industry (Levy Collection)
Regulations 1996 and shall submit a notification on Form CIDB L1/96 (see
Appendix `F') to the Lembaga not later than 14 days after the issuance of the Letter
of Acceptance/Letter of Award/or any document that constitutes acceptance of a
contract of works, or not less than 14 days before the commencement of works,
whichever date is earlier.
The Contractor shall allow for and pay all levy as would be required under the said
Act. The sum priced by him against this item shall not be subjected to any further
adjustment even if the actual payment of the levy made by him to CIDB is lower or
higher than the said sum. In addition, the Employer’s Representative / Project
Manager shall only certify payment for the said sum in the Interim Certificate
following after the Contractor has produced the receipt of the fully-paid levy to the
CIDB.
To Collection :
23/665/K2/GC1 1/38
BILL NO. 1
PRELIMINARIES
A Construction Industry Development Board Of Malaysia (CIDB) (cont’d)
In the event that the Contractor fails to pay the levy to the CIDB after the issuance
of the Certificate of Completion of Making Good Defects by the Employer’s
Representative / Project Manager under clause 30(4)(c) of the Conditions of
Contract for whatsoever reasons, the said sum shall be omitted as a variation to the
Contract.
The above are applicable to project undertaken by the Contractor, which contract
sum exceeds RM500,000.00.
The Contractor shall register with the CIDB and shall comply with all directives
and standard to be set by the CIDB from time to time by virtue of the `Lembaga
Pembangunan Industri Pembinaan Malaysia (Akta 520) 1994'.
B Access And Egress
Adhere strictly to the access and egress points shown on the drawings or such other
access and egress points approved by the Local Authorities.
Share the access and egress points with other Contractors engaged by the
Employer. No claims will be entertained in respect of any inconvenience or
hindrance met by the Contractor due to sharing of the access and egress pointed
with order Contractors.
C Occuptional Safety And Health Act
The Contractor is to allow for complying with the Occupational Safety And Health
Act 1994 and provide all necessary safety precautions.
D Permits And Licences

The Contractor shall allow and obtain all necessary permits and licenses etc.
required from the relevant authorities in connection with the carrying out of the
works and pay all fees and royalties in connection therewith.
E Stamp Duty
The proper stamp duty if any on this contract shall be borne by the Contractor.
F Schedule of Existing Conditions

Before commencing works on Site, the Contractor shall carry out a dilapidation
survey (by an approved specialist), prepare and agree with the Employer’s
Representative / Project Manager a dilapidation report and schedule of the
conditions of all existing structures, finishes, fitments and all services. Keep
photographic records. Seal off and protect as directed by the Employer’s
Representative / Project Manager, all works, services and any other contents not
affected by the Works.
The Contractor shall provide all necessary shoring, propping and strutting for
protecting existing structures during the commissioning of the demolition works.
To Collection :
23/665/K2/GC1 1/39
BILL NO. 1
PRELIMINARIES
TEMPORARY WORKS
A Existing Services
The Contractor shall notify the Employer’s Representative / Project Manager

immediately of any existing services such as water, electricity, drainage etc. which
will be affected by the works and shall immediately provide adequate supports
and protection of same to the satisfaction of the Employer’s Representative /
Project Manager at his own expense.
Protect and maintain all existing pipes, ducts, sewers, service main, overhead cable
etc. during the execution of the work. The Contractor shall be held responsible for
any damage done during the progress of the works and shall meet all costs and
repairs and reinstatement due to such damage.
If any service, private or otherwise, for water, electricity, drainage etc. passing
through the site will be affected by the works, the Contractor shall immediately
notify the Employer’s Representative / Project Manager who shall, at his sole
discretion, direct the Contractor to arrange for the resiting of the affected services,
including the liaising with the relevant authorities. The Contractor shall bear all
cost and expenses arising therefrom.
The Contractor shall give every possible assistance at no extra cost to the Contract,
in the diversion, re-alignment of existing services which are intended to be carried
out other than by the Contractor.
B Temporary Lighting And Power
The Contractor shall apply a separate temporary TNB sub-meter and provide
adequate temporary lighting and electric power for use on the works, pay all
charges and compliance with the provision of any bye-law order or Authorities
regulation and also bear cost of their subsequent removal upon completion of the
works together with the removal of existing temporary services found.
All costs incurred in providing such supplies including all temporary switchboards,
main and sub-main reticulation cables, distribution board, wiring, fittings, metering,
protection and housing of TNB equipment, protection of Contractor's
equipment, all necessary equipment, TNB liaison etc. and the subsequent
removal of the same upon completion of the work shall be deemed included in
the Contract.
The Electrical Supplies and Equipment shall be in accordance with the

requirements of the Tenaga Nasional Bhd. and shall be periodically checked to be
safe and fit to be used. The Employer’s Representative / Project Manager reserves
the right to stop the use of the temporary lighting and power supply if conditions
are considered risky and until approved for use by the Authorities.
To Collection :
23/665/K2/GC1 1/40
BILL NO. 1
PRELIMINARIES
TEMPORARY WORKS (CONT'D)
A Water
The Contractor may tap from existing water supply for all water required for use in
the Works. Allow for all costs involved, including any temporary plumbing and
storage, shifting and adapting where so required by the Employer’s Representative
/ Project Manager and the subsequent removal of all temporary plumbing upon
completion of the work, and pay all charges.
B Temporary Full Height Barricades and Door Access
The Contractor shall be responsible for the erection and maintenance of the
temporary full height barricades and door access around the site as required and to
be approved by the Employer’s Representative / Project Manager. The Contractor
shall maintain them in good condition and pay all charges in connection therewith,
including obtaining license, fees etc. until completion of the works. The Contractor
may be required to relocate the temporary full height barricades and door access
around the site as necessary or as instructed by the Employer’s Representative /
Project Manager during the construction period due to sequence of work. On
completion of the works or as instructed by the Employer’s Representative / Project
Manager, the Contractor shall demolish the temporary full height barricades and
door access and remove from site.
C Workmen Accommodation, Site Office, Temporary Stores, Sheds And Sanitation

Facilities
The Contractor shall note that workmen accommodation is NOT allowed to be

erected on the site. The Contractor should make his own arrangement to house all
his workers elsewhere off site. The Contractor also shall provide adequate at
designated location and site office all necessary temporary buildings and stores on
and off site as required.
All the workmen accommodation, site office and all necessary temporary buildings
and stores shall strictly adhere to the Standard Operation Procedure (SOP) and
guidelines gazette by the Government and relevant authorities.
To Collection :
23/665/K2/GC1 1/41
BILL NO. 1
PRELIMINARIES
TEMPORARY WORKS (CONT'D)
A Plants And Machinery
The Contractor shall provide other necessary plants and machinery to ensure
smooth running of the project and to achieve the accepted date of completion;
maintain them during the contract period and remove on completion.
B Factories And Machinery (Building Operation And Works Of Engineering

Construction) (Safety) Regulations
Allow for complying with the prevailing Factories and Machinery Acts/Regulations
and amendments and the relevant prevailing legislation’s concerning building
operations and works of engineering construction.
The Contractor shall maintain all his plant and machinery in proper and safe
operating condition, provide and enforce all safety measures in his site operations
and to comply with all requirements of the said Act/Regulations pertaining to:-
a) General provisions for machinery installed on any floor above the ground
floor, drowning hazards, slipping hazards, tripping and cutting hazards, etc.
b) Concrete work
c) Cleaning, repairing and maintenance of roof, gutters, windows, louvres and
ventilation
d) Runways and ramps
e) Ladders and step ladders
f) Scaffolds
The Contractor shall provide the inspection record as and when required by the
To Collection :
23/665/K2/GC1 1/42
BILL NO. 1
PRELIMINARIES
ON COMPLETION
A. Removal Of Rubbish
The Contractor is to keep the site and buildings, adjacent roads and footpaths etc.
clean during the progress of the works and periodically cart away all dirt, building
rubbish and superfluous materials as the work proceeds and at completion.
B. Completion
On completion of the works, all plant, building appliances, apparatus or

equipment are to be removed as quickly as possible and conveyed away from the
site at the sole cost of the Contractor. All services and leads, temporary buildings,
sheds, barriers, scaffolding etc. required in the work of construction are to be
disconnected, dismantled, taken down and removed. All holes, trenches,
excavations in connections with the plants, etc. are to be filled in a proper manner,
levelled off and closely turfed and the site left in a clean and orderly condition.
In the event of the Contractor not clearing away the above-mentioned materials and
plant within a stipulated time, the Employer’s Representative / Project Manager and
the Employer will empower to perform such work, either by employing a third
party for such purpose or dealing with such direct and the cost of such clearing
away will be deducted from the Contractor's Final Statement. The Employer’s
Representative / Project Manager and the Employer will not be held responsible or
liable for any material or plant left upon the site.
C Defects After Completion
Allow for inspecting the works at the end of Defects Notification Period and
making good defects in accordance with Clause 11.3.2 of the Conditions Of
Contract. Allow also for inspecting and making good work of such nature during
the Defects Notification Period.
To Collection :
23/665/K2/GC1 1/43
BILL NO. 1
PRELIMINARIES
ON COMPLETION (Cont’d)
A Handing Over
On completion of the works and before handing over, the Contractor must: -
a) Completely remove all debris and rubbish from the building and the whole of
the site allocated for this Contract.
b) Remove all paint spots from floors, walls, hardware, glass, etc.
c) Ease all doors, windows, cupboard doors and drawers and leave them free to
move.
d) Touch up all paint finishes.
e) Check and adjust all locks.
f) Handover keys of all doors to the Employer’s Representative / Project

Manager upon sign-off. Keys must have identifying tags attached and to be
presented in sets.
g) Test and commission all M&E services to ensure that all services and
equipment are functioning efficiently and to the approval of the Employer’s
h) Wash, clean and dry, all floor finishes
i) Leave the building and the grounds clean and tidy and ready for immediate
occupation.
To Collection :
23/665/K2/GC1 1/44
BILL NO. 1
PRELIMINARIES
A Form Of Contract
The Form of Contract will be Agreement And Conditions Of K2 JHR1 General

Contractor Works Contract.
The Contractor is to note that modifications and/or additional conditions on the

General Contractor Works Contract and amplification of some conditions thereof
are to be incorporated. Allow for complying with each of the terms of the Schedule
of Conditions with the aforesaid incorporation summarized below:
SCHEDULE 1 – SPECIFIC CONDITIONS OF CONTRACT
SCHEDULE 2 – GENERAL CONDITIONS OF CONTRACT
Clause 1 `General Provisions'
Clause 2 `The Employer'
Clause 3 Èmployer’s Representative'
Clause 4 `The Contractor'
Clause 5 `Contractor’s Design’
Clause 6 `Staff and Labour'
Clause 7 ‘Plant, Materials and Workmanship’
Clause 8 ` Commencement, Delays and Suspension’
The Contracot shall note that TIME is THE ESSENCE of this Contract.
The Contractor shall be entitled to receive two (2) weeks’ notice to mobilise to
start work on the site and after the notice, the site shall be deemed to be under the
Supplier's possession.
The Contractor shall not depend on the availability of all materials locally and is
advised to arrange for importation of any constructional materials etc. required.
Clause 9 ‘Tests on Completion’
Clause 10 Èmployer’s Taking-Over’
To Collection :
23/665/K2/GC1 1/45
BILL NO. 1
PRELIMINARIES
A Form Of Contract (Cont'd)
Clause 11 `Defects Liability’
The right is also reserved to the Project Manager to certify conditionally that the
works is practically completed except for such outstanding items that are yet to be
attended to. These outstanding items shall be specifically listed in or appended to
the Certificate and the cost for rectification of such items shall be assessed at the
sole judgement of the Project Manager.
The aforesaid assessed cost may, at the discretion of the Project Manager, be
deducted from the amount stated as due in the Certificate to be issued under Clause
10.10.1 of the Conditions of Contract. The said amount may be withheld until the
Project Manager is satisfied that the outstanding items have been properly
completed. The monies withheld shall then be released.
Notwithstanding the above the Project Manager shall, at any time during the
Defects Notification Period, have the further right to instruct the Supplier that
immediate action be taken to remedy any defects that may arise in the opinion of
the Project Manager. If the Supplier is not in a position to provide such immediate
remedy or is not available, the Project Manager may in his sole discretion engage
such others to attend to these defects and all cost in connection therewith shall be
deducted from any monies that may become due to the Supplier under this Contract
or recovered as a debt from the Supplier.
The Supplier is deemed to have allowed in the Contract Price for all measures and
contingencies they may require including provision of multiple gangs, suitable
construction techniques and equipment, overtime work, standby task force, etc. in
order to comply with the provision of this Clause.
Clause 12 `Variations and Adjustments’
If in the opinion of the Contractor, the proper execution of the Works involves a
variation not arising from the Employer’s Representative / Project Manager’s
instruction the Contractor shall notify the Employer’s Representative / Project
Manager and obtain his sanction for and written confirmation of the variation at the
time of its incidence. No work which is included therein as the subject of a
Provisional Sum is to be commenced until the Employer’s Representative / Project
Manager’s instruction is obtained.
Daywork sheets are to be signed by the "Site Agent" and will be countersigned by
the Employer’s Representative / Project Manager after verification. Such signature
shall only imply that the times and material recorded on the daywork sheets are
considered to be correct but shall not imply the works recorded constitutes a
variation nor that it will be valued on a daywork basis, these being matters at the
Quantity Surveyor's discretion.
To Collection :
23/665/K2/GC1 1/46
BILL NO. 1
PRELIMINARIES
Form Of Contract (Cont'd)
Clause 13 `Contract Price and Paymet'
The Contractor shall submit when applying for Interim Payment Certificates the
following:
An approximate statement relating to the items in the Schedule of Unit Prices of the
value of the work executed together with a statement of the quantities of unfixed
materials properly (but not in opinion of the Employer’s Representative / Project
Manager r prematurely) delivered on the site signed by the Site Agent and
countersigned by the Clerk-of-Works together with supporting invoices.
All applications for progress payments shall be accompanied by detailed lists of

works done and materials on site and shall be sent to the Quantity Surveyor at
least two weeks before a interim payment certificate will be issued. If the
Supplier does not apply for a progress payment, it will be construed as a waiver
by them of the contractual rights.
To facilitate the preparation and approval of applications for interim payments,

the Contractor shall keep a copy of the purchasing agreements orders and
delivery orders of all materials on site in their site office so as to enable the
Quantity Surveyor to check and verify the materials. Materials on site before
incorporation into the works shall be paid at the rate of 75% of the invoice value.
No payment will be made for materials prematurely delivered to the site. No
payments for materials off site will be included in progress payment.
Regardless of whether the Contractor has received payment for any unfixed
materials included for incorporation in the Works and placed on or adjacent to
the Site, the Contractor shall remain responsible for any loss of or damages to and
shall not remove such material except for use in the Works, without the written
permission of the Project Manager.
The Employer’s Representative / Project Manager may by any certificate make any
correction or modification of any previous certificates which shall have been issued
by him and the Employer’s Representative / Project Manager shall have the right to
deduct from any certificate for works which in the Employer’s Representative /
Project Manager opinion are not carried out in accordance with the Contract
including value of works although properly executed but affected by the rejected
work.
No interest will be paid by the Employer or any sums of money retained nor on
any sums or money claimed by the Supplier on account of value of work so
deducted or on any extra works.
To Collection :
23/665/K2/GC1 1/47
BILL NO. 1
PRELIMINARIES
Form Of Contract (Cont'd)
Clause 13 `Contract Price and Paymet' (Cont’d)
Final completion and the act of making final payment of the balance of the
contract price shall in no way be interpreted as complete exoneration of the
Supplier from any defects that may arise due to causes attributable to negligence
of the Supplier or inferior materials or workmanship provided by him.
Clause 14 'Termination by the Employer'
Clause 15 `Termination by the Contractor'
Clause 16 `Risk and Responsibility'
Clause 17 Ìnsurance'
The Contractor shall maintain a "Contractor's All risks Policy" in the joint name of
the Supplier and the Employer and covering particularly the following: -
i) The total value of the present Contract plus 10% for professional fees and
ii) Third Party Liability Limit (RM2.0 million on any one accident and unlimited
during the period of insurance)
iii) Injury and damage to property real or personal
iv) Earthquake, volcanism, tsunami, storm, cyclone, flood, inundation, landslide
v) Strikes, riots and Civil commotion
vi) Cross Liability
vii) Extended Maintenance cover
viii) Cover of extra charges for overtime, night work, work on Public Holiday,
express freight necessarily and reasonably incurred by the Insured in the
repair and reinstatement of the property incurred for an amount not
exceeding 25% above normal cost.
ix) Vibration and/or removal on weakening of support
x) Automatic reinstatement of sum insured
xi) Cover for Consultants as Third Parties
To Collection :
23/665/K2/GC1 1/48
BILL NO. 1
PRELIMINARIES
Clause 17 Ìnsurance' (Cont’d)
xii) Removal of Debris 1% of Contract Sum
The insurance is subjected to an excess clause for each and every loss for the
following items listed below and shall be borne by the Contractor: -
Acts of God
Other Losses
Vibration etc.
Property Damage
The insurance excludes cover for constructional plant belonging to the Contractor.
If the Contractor consider that he requires additional cover of Insurances, he shall

do so at his expense.
Workmen Compensation Policy
The Contractor is to allow for insuring with an Insurance company approved by the
Employer against all liability in respect of any claims by any and every workmen
employed in and for performance of the Contract for payment of compensation
under or by virtue of the Workmen’s Compensation Legislation or any other law
amending or replacing such legislation and expenses incidental or consequential
thereto.
The said policy or policies so taken out shall be endorsed as follows: -
Endorsement "A" - "It is hereby understood and agreed that in the event of any
workmen employed by the Insured or by the Insured's Sub-Contractors as referred
to in Endorsement "B" hereon or any dependent of such workman, bringing or
making a claim under the Workmen's Compensation Ordinance in force in
Malaysia against the Employer, thereof for personal injury or disease sustained
whilst at work on any Contract covered by the terms and conditions of the policy
which the Insured may be carrying out for the Employer, the Company will
indemnify the Employer against such claim and any costs, charges and expense in
respect thereof. Provided always that the Company shall be entitled to have the sole
conduct and control of all proceedings connected with claims covered by this
endorsement.
Nothing in this endorsement shall be construed as affecting the Insured's right to

recover damages in any other way under the said Ordinance".
To Collection :
23/665/K2/GC1 1/49
BILL NO. 1
PRELIMINARIES
Clause 17 Ìnsurance' (Cont’d)
Endorsement "B" - "It is hereby understood and agreed that the indemnity herein
granted is to cover the legal liability of the Insured to workmen in the
Employment of Contractors performing work for the Insured while engaged in
the business and occupation in respect of which the policy is granted by only so
far as regards claims under the Workmen’s Compensation Ordinance in force in
Malaysia".
The amount of cover for Workmen's Compensation insurance shall be at least

15% of the Contract Price less P.C. & Provisional Sums and Contingency Sum.
The period of cover shall be for the whole contract period until Taking Over
Certificate.
The Contractor will be required to produce all cover notes and receipts for
premiums paid in respect of all insurance for the inspection of the Employer’s
Representative / Project Manager before the commencement of any work in this
Contract.
Clause 18 `Force Majeure'
Clause 19 `Contractor’s Claims'
Clause 20 `Disputes’
Clause 21 `Collateral Warranties'
Clause 22 `Miscellaneous'
SCHEDULE 3 – CONTRACT PRICE
SCHEDULE 4 – EMPLOYER’S REQUIREMENTS AND DETAILED

DESCRIPTION OF THE WORK
SCHEDULE 4 – DRAWINGS
SCHEDULE 6 – FORM OF SECURITIES
To Collection :
23/665/K2/GC1 1/50
BILL NO. 1
PRELIMINARIES
SCHEDULE 1APPENDIX - SPECIFIC CONDITIONS OF CONTRACT

No. Clause Reference Description Details
1 Clause 1.1 Commencement TBA

[Definitions] Date
2 Clause 1.1 Jurisdiction Malaysia
[Definitions]
3 Clause 1.3 Address for The address for the Employer’s communications shall be:
[Communications] communications Email: notices@k2datacentres.com
Address: Level 32, Johor Bahru City Square Office Tower,
No. 106-108 Jalan Wong Ah Fook, 80000 Johor Bahru,
Johor, Malaysia
The address for the Supplier’s communications shall be:

TBA
4 Clause 1.4 Governing law of The governing law of the Contract is the Laws of Malaysia
[Governing law and the Contract
language]
5 Clause 2.1 Access to the The Employer shall provide the Contractor access to the
[Right of Access to site Site no later than the Commencement Date.
the site]
6 Clause 3.1.1 Employer’s Employer's Representative shall be Mr Yan Ke
[Employer’s Representative
Representative]
7 Clause 3.1.2 Employer’s Employer’s Additional Representative shall be Mr Kuan
[Employer’s Additional Zhan Peng
Representative] Representative
8 Clause 4.3.1 Contractor’s TBA
[Contractor’s Representative
Representative]
9 Clause 4.2.2(a) Performance The value of Performance Security shall be 10% of the
[Performance Security Accepted Contract Amount.
Security] The Performance Security shall be in the form specified in
Schedule 6 or otherwise acceptable to the Employer.
10 Clause 4.5 Nominated TBA

[Nominated Subcontractors
Subcontractors]
11 Clause 8.2.2 Time for Refer to table of Milestones and Liquidated Damages for
[Time for Completion Delay
Completion]
12 Clause 8.6.2 Liquidated 0.4% of the Accepted Contract Amount per week for each
[Liquidated Damages for milestone. (Refer to table of Milestones and Liquidated
Damages for Delay Damages for Delay)
Delay]
23/665/K2/GC1 1/51
BILL NO. 1
PRELIMINARIES
SCHEDULE 1APPENDIX - SPECIFIC CONDITIONS OF CONTRACT

No. Clause Reference Description Details
13 Clause 11.1.1 Defects 12 months after the date of issuance of the Taking-Over
[Completion of Notification Certificate.
Outstanding Work Period
and Remedying
Defects]
14 Clause 11.3.2 The maximum period for any Defects Notification Period
[Extension of shall, for purposes of Clause 11.3.2 [Extension of Defects
Defects Notification Period ], be 18 months after the date of issuance of
Notification Period] the Taking-Over Certificate.
15 Clause 13.2 Advance An Advance Payment will be payable under the Contract.
[Advance Payment The amount of advance payment to be made by the
Payment] Employer shall be 20% of the Accepted Contract Amount.
The Employer shall be entitled to deduct and set off any
and all sums due and payable by the Employer to the
Contractor under this Contract (including setting off against
the full amount of any work done and certified under any
Payment Certificate) until the amount of the Advance
Payment is fully repaid.
16 Clause 13.8.1 Retention The Employer shall, in respect of each Statement, be

[Retention Money] monies entitled to retain 5% of each amount set out in that
Statement until the aggregate amounts retained by the
Employer reach 5% of the Accepted Contract Amount.
17 Clause 13.10.1 Specified time Within thirty (30) days after receiving the Final Statement
[Issue of Final for Issuance of and written discharge, the Employer’s Representative shall
Payment the Final issue to the Contractor the Final Payment Certificate.
Certificate] Payment
Certificate
23/665/K2/GC1 1/52
BILL NO. 1
PRELIMINARIES
COLLECTION
Page No. 1/1
‘’ 1/2
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‘’ 1/17
‘’ 1/18
‘’ 1/19
‘’ 1/20
‘’ 1/21
‘’ 1/22
‘’ 1/23
‘’ 1/24
To Collection :
23/665/K2/GC1 1/53
BILL NO. 1
PRELIMINARIES
BROUGHT FORWARD :
COLLECTION
Page No. 1/25
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To Collection :
23/665/K2/GC1 1/54
BILL NO. 1
PRELIMINARIES
BROUGHT FORWARD :
COLLECTION
Page No. 1/48
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To Collection :
23/665/K2/GC1 1/55

01 - GC Prelim

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01 - GC Prelim

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BILL NO.

ITEM DESCRIPTION RM SEN

A Definition And Interpretation

Employer - shall mean Messrs K2 Strategic Infrastructure Malaysia

Project Management - shall mean Messrs Aurecon Group Pty. Ltd.

Architect - shall mean Messrs DC Architects Sdn. Bhd.,

ITEM DESCRIPTION RM SEN

A Definition And Interpretation (Cont’d)

Planner - Shall mean Messrs Jururancang Sinar Selatan Sdn.

Quantity Surveyor - shall mean Messrs WT Partnership (M) Sdn. Bhd.,

BIM Consultant - shall mean Messrs Aurecon Group Pty. Ltd.

ITEM DESCRIPTION RM SEN

A Definition And Interpretation (Cont’d)

Tenderer - shall be deemed to include two or more persons.

Site - The land or other places or under in or through which

Works - The whole of the materials, labour, plant and other

Approved - shall mean approved by the Employer’s

Directed - shall mean as directed by the Employer’s

Instructed - shall mean instructed by means of drawings,

As Required - shall mean as required in this Contract Document or as

ITEM DESCRIPTION RM SEN

A Definition And Interpretation (Cont’d)

As shown - shall mean as shown in the drawings or illustrated in

Constructional - shall mean all appliances or things of whatsoever

Temporary - shall mean all temporary works of every kind required

Drawings - shall mean the drawings and any modification of such

Ringgit - shall mean Ringgit Malaysian or “RM”.

Day - shall mean a calendar day in the Gregorian calendar.

Month - shall mean a Gregorian calendar month all times

B Weight And Measurement

C Singular And Plural

ITEM DESCRIPTION RM SEN

B.S. : British Standard specification as issued by the British Standards

C.P. : British Standard Code of Practice issued by the Council of Code of

SIRIM : Standards and Industrial Research Institution of Malaysia

ASTM : American Society of Testing and Materials

JKR : Jabatan Kerja Raya (Public Works Department)

PWD : Public Works Department

C.E. : Civil and Structural Engineers

M&E : Mechanical and Electrical Engineers.

Q.S. : Quantity Surveyor.

S.M.M. : Standard Methods of Measurement

C.P.M : Critical Path Method

T.N.B : Tenaga Nasional Berhad

C.I.F.S : Chief Inspector of Fire Services

C.E.I : Chief Electrical Inspector

S.T.M. : Sistem Telekom Malaysia

ITEM DESCRIPTION RM SEN

A Firm Price Tender

B Documentation Charges and Tender Deposit

b) Only in certain cases, the items shall be paid as a Lump Sum at a

ITEM DESCRIPTION RM SEN

A Preliminaries Items (Cont’d)

ITEM DESCRIPTION RM SEN

Should there be any danger of possible damage to adjacent/adjoining buildings or

Damages or other disturbances caused to the adjacent/adjoining buildings and

ITEM DESCRIPTION RM SEN

A Co-Ordination With Other Contractors Employed On The Site

Remove within one week of the Employer’s Representative / Project Manager so

B. Brief Description of The Works

i. Site preparation works including setting up hoarding, construction access,

ITEM DESCRIPTION RM SEN

A Brief Description Of The Works (Cont’d)